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Immigration and Refugee Protection Regulations

Version of section 269 from 2016-03-11 to 2022-09-22:


Marginal note:Prescribed information

  •  (1) On the request of an official of the Canada Border Services Agency, a commercial transporter that carries or expects to carry persons to Canada on board its commercial vehicle must provide the Canada Border Services Agency with the following information about each person whom it expects to carry:

    • (a) their surname, first name and any middle names, their date of birth, their citizenship or nationality and their gender;

    • (b) the type and number of each passport or other travel document that identifies them and the name of the country or entity that issued it;

    • (c) their reservation record locator number, if any;

    • (d) the unique passenger reference assigned to them by the commercial transporter, if any, or, in the case of a crew member who has not been assigned one, notice of their status as a crew member;

    • (e) any information about the person that is in a reservation system of the commercial transporter or its agent; and

    • (f) the following information about their carriage on board the commercial vehicle:

      • (i) if the person is carried or is expected to be carried on board the commercial vehicle by air, the date and time of take-off from the last point of embarkation of persons before the commercial vehicle arrives in Canada or, if the person is carried or is expected to be carried on board the vehicle by water or land, the date and time of departure from the last point of embarkation of persons before the commercial vehicle arrives in Canada,

      • (ii) the last point of embarkation of persons before the commercial vehicle arrives in Canada,

      • (iii) the date and time of arrival of the commercial vehicle at the first point of disembarkation of persons in Canada,

      • (iv) the first point of disembarkation of persons in Canada, and

      • (v) in the case of a commercial vehicle that carries persons or goods by air, the flight code identifying the commercial transporter and the flight number.

  • Marginal note:Electronic means

    (2) The information referred to in subsection (1) must be provided by electronic means in accordance with the technical requirements, specifications and procedures for electronic data interchange set out in the document entitled CBSA Carrier Messaging Requirements issued by the Canada Border Services Agency, as amended from time to time.

  • Marginal note:Time of transmission — paragraphs (1)(a) to (d)

    (3) The information referred to in paragraphs (1)(a) to (d) must be provided

    • (a) not later than one hour before the time of departure, if the information relates to a member of the crew; and

    • (b) not later than the time of check-in, if the information relates to any other person who is expected to be on board the commercial vehicle.

  • Marginal note:Time of transmission — paragraph (1)(e)

    (4) The information referred to in paragraph (1)(e) must be provided not later than at the time of departure.

  • Marginal note:Time of transmission — paragraph (1)(d)

    (5) The information referred to in paragraph (1)(d) must also be provided, for each passenger who is on board the commercial vehicle at the time of departure, not later than 30 minutes after the time of departure.

  • Marginal note:Incomplete or inaccurate information

    (6) A commercial transporter that becomes aware before or at the time of departure that information they have provided under paragraph 148(1)(d) of the Act is incomplete or inaccurate must, in the manner described in subsection (2) and without delay, provide the Canada Border Services Agency with the missing or accurate information.

  • Marginal note:Exception — paragraph (1)(e)

    (7) Subsection (6) does not apply in respect of information referred to in paragraph (1)(e).

  • Marginal note:Time of transmission — paragraph (1)(f)

    (8) The information referred to in paragraph (1)(f) must be provided at the same time that any information referred to in subsections (3) to (7) is provided.

  • Marginal note:Maximum retention period

    (9) The Canada Border Services Agency may retain information referred to in paragraphs (1)(a) to (d) about a person for up to three years and six months after the day of departure of the commercial vehicle that carried or was to carry the person to Canada.

  • Marginal note:Retention period — investigation

    (10) After the period referred to in subsection (9), the Canada Border Services Agency may retain the information referred to in that subsection about a person for as long as it is required as part of an investigation, but in no case longer than six years after the day of departure of the commercial vehicle that carried or was to carry the person to Canada.

  • SOR/2016-37, s. 8
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