PART 16Seizure (continued)
Marginal note:Concurrent applications
256 If the person from whom a thing was seized makes an application under section 254 for the return of the thing and the lawful owner makes an application under section 255 for the same thing, the application of the lawful owner will be processed first. If the application of the lawful owner is granted, the application of the person from whom the thing was seized shall not be processed.
Marginal note:Notice of decision
257 The decision on the application under section 254 or 255 and the reasons for it shall be given in writing and provided to the applicant as soon as feasible. If the applicant is notified by mail, notification is deemed to have been provided on the seventh day after the day on which the notice was mailed.
Marginal note:Automatic return
257.1 (1) If the seizure of a thing was necessary to carry out the purposes of the Act, the thing shall be returned to its lawful owner without delay if the seizure is no longer necessary for those purposes.
Marginal note:Return — seizure in error
(2) If the seizure of a thing was made in error, the thing shall be returned without delay to the person from whom the thing was seized or, if that is not possible, to its lawful owner.
Marginal note:Conditional return
257.2 A thing seized shall be returned only if its return would not be contrary to the purposes of the Act.
Marginal note:Sale or destruction of seized thing
258 (1) If a thing seized, other than a document, is not returned to its lawful owner or the person from whom it was seized, the thing shall be sold unless the costs of the sale would exceed the monetary value of the thing, in which case the thing shall be destroyed.
Marginal note:Sale or destruction suspended
(2) A thing seized shall not be sold or destroyed
(a) within the 15 days after the day on which the notification of a decision not to return it was provided; or
(b) before a final decision is made in any judicial proceeding in Canada affecting the seizure or the return of the thing seized.
Marginal note:Return or disposal of documents
(3) If a document is not returned to its lawful owner or the person from whom it was seized, the document shall be held for as long as is necessary for the administration of the laws of Canada, after which it will either be returned to the authority that issued it or disposed of in accordance with the laws of Canada.
Marginal note:Prescribed persons
258.1 For the purposes of paragraph 148(1)(a) of the Act, the following persons are prescribed:
(a) any foreign national who is the subject of a declaration made under subsection 22.1(1) of the Act, unless they hold a temporary resident permit issued under section 24 of the Act;
(b) any foreign national who is not authorized under subsection 52(1) of the Act to return to Canada; and
- SOR/2013-210, s. 5
- SOR/2016-37, s. 3
- SOR/2020-55, s. 6
Marginal note:Prescribed documents
259 For the purposes of subsection 148(1) of the Act, the following documents that a person requires under the Act to enter Canada are prescribed:
(a) a travel document referred to in subsection 31(3) of the Act;
(b) refugee travel papers issued by the Minister;
(c) a document referred to in subsection 50(1) or 52(1);
(d) a temporary travel document referred to in section 151;
(e) a visa referred to in section 6 or subsection 7(1);
(f) a permanent resident card; and
(g) an electronic travel authorization referred to in section 7.01 or 7.1.
- SOR/2015-46, s. 1
- SOR/2016-37, ss. 4(F), 14
- SOR/2017-53, s. 7
Marginal note:Holding prescribed documentation
260 (1) If a commercial transporter has reasonable grounds to believe that the prescribed documents of a person whom it carries to Canada may not be available for examination at a port of entry, the commercial transporter must give the person a receipt for the documents and hold the documents until examination.
Marginal note:Presenting documents
(2) A commercial transporter that holds the documents of a person must, when presenting the person for examination under paragraph 148(1)(b) of the Act, present the documents and a copy of the receipt.
- SOR/2016-37, s. 5
Marginal note:Obligation to hold a person
261 (1) For the purposes of paragraph 148(1)(b) of the Act, a transporter has complied with the obligation to hold a person until the examination is completed when
(a) an officer informs the transporter that the examination of the person is completed;
(b) the person is authorized to enter Canada under section 23 of the Act; or
(c) the person is detained under any Canadian law.
(2) A transporter must notify an officer without delay if a person whose examination has not been completed leaves or attempts to leave the transporter’s vehicle for any other purpose than examination.
Marginal note:Stowaway notification
262 On the arrival of a vessel at its first port of call in Canada, the transporter must notify an officer at the nearest port of entry of the presence of any stowaway and, on request of the officer, must without delay provide a written report concerning the stowaway.
Marginal note:Medical examination and treatment
263 (1) A commercial transporter must arrange for the medical examination of a foreign national who is required to submit to one under paragraph 16(2)(b) of the Act and for any medical examination, surveillance or treatment that is imposed under section 32.
(2) Subsection (1) does not apply if
(a) the foreign national holds a temporary or permanent resident visa at the time of their examination and the foreign national’s health condition is not a result of the commercial transporter’s negligence; or
(b) the foreign national has been authorized to enter and remain in Canada and is not a member of the crew.
Marginal note:Prescribed medical costs
(3) For the purposes of paragraph 148(1)(g) of the Act, any medical costs incurred with respect to the foreign national are prescribed costs and are to be calculated on the basis of the applicable provincial health insurance system.
- SOR/2012-154, s. 13
- SOR/2016-37, s. 6
Marginal note:Prescribed information
264 A transporter must provide without delay any of the following documents that are requested by an officer within 72 hours after the presentation for examination of a person carried by the transporter to Canada:
(a) a copy of any ticket issued to the person;
(b) a document specifying the person’s itinerary, including the place of embarkation and dates of travel; and
(c) a document identifying the document number and type of passport, travel document or identity document carried by the person, the country of issue and the name of the person to whom it was issued.
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