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Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2016-37)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada
Operative dateMarch 11, 2016
CategoryBorder control
Policy toolCarrier liability and administrative penalty assessments
Affected groupCommercial transporters, foreign nationals requiring arc

Policy effect

Expanded transporter liability definitions and prescribed classes of inadmissible persons under IRPA s. 148, mandating that commercial carriers do not transport foreign nationals subject to a declaration under s. 22.1 or who lack an Authorization to Return to Canada under s. 52(1), and established mandatory administration fee assessments against carriers for non-compliant passengers. Phase scope: Part 1 came into force on registration on March 11, 2016; Part 2 eTA transporter compliance effective September 30, 2016.

Conditions and exceptions

Validated condition or limit: 148, mandating that commercial carriers do not transport foreign nationals subject to a declaration under s.; 52(1), and established mandatory administration fee assessments against carriers for non-compliant passengers.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Protection Regulations (see footnote 1) are amended by adding the following after section 1: Definition of agent — section 148 of the Act 1.1 (1) For the purposes of section 148 of the Act, agent includes any person — whether or not an independent contractor — who provides services as a representative of a vehicle owner, operator or charterer. Definition of agent — paragraph 148(1)(d) of the Act (2) For the purposes of paragraph 148(1)(d) of the Act, agent includes, in addition to a person referred to in subsection (1), a charterer and an owner or operator of a reservation system. 2 (1) The definition agent in section 2 of the Regulations is repealed. (2) The definitions commercial vehicle and transporter in section 2 of the Regulations are replaced by the following: commercial vehicle means a vehicle that is used for commercial purposes. (véhicule commercial) transporter means (a) a person who owns, operates, charters or manages a vehicle or fleet of vehicles; (b) a person who owns or operates an international tunnel or bridge; (c) a designated airport authority as defined in subsection 2(1) of the Airport Transfer (Miscellaneous Matters) Act; or (d) an agent for a person or authority … air, the time of take-off from the last point of embarkation of persons before the vehicle arrives in Canada; and (b) in the case of a commercial vehicle that carries persons or goods by water or land, the time of departure from the last point of embarkation of persons before the vehicle arrives in Canada. (moment du départ) 3 Section 258.1 of the Regulations is replaced by the following: 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; and (b) any foreign national who is not authorized under subsection 52(1) of the Act to return to Canada. 4 Paragraph 259(a) of the French version of the Regulations is replaced by the following: a) le titre de voyage visé au paragraphe 31(3) de la Loi; 5 Section 260 of the Regulations is replaced by the following: 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 … transporter is relieved of its obligation to carry a foreign national from Canada, except for a member of its crew or a foreign national who entered Canada to become a member of its crew, if the foreign national at the time of their examination (a) was authorized to enter and remain in Canada on a temporary basis; or (b) held a temporary or permanent resident visa. 11 (1) The portion of subsection 279(1) of the Regulations before paragraph (c) is replaced by the following: Assessment of administration fee 279 (1) Subject to subsection (2), an administration fee must be assessed against a commercial transporter in respect of any of the following foreign nationals it carried or caused to be carried to Canada: (a) a foreign national who is inadmissible under section 41 of the Act for failing to meet the requirements of section 6 or subsection 7(1), 50(1) or 52(1); (b) a foreign national who is prescribed under section 258.1 or whom the commercial transporter has been directed under paragraph 148(1)(a) of the Act not to carry to Canada; (2) Subsection 279(1) of the Regulations is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and … administration fee assessments; 13 Subsection 282(2) of the Regulations is replaced by the following: Final decision and notice (2) If submissions are made, the Minister must consider the submissions, confirm, vary or cancel the assessment and give written notice of the final decision to the commercial transporter. PART 2 Amendments Coming into Force on September 30, 2016 14 Section 259 of the Regulations is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f): (g) an electronic travel authorization referred …
Canada GazetteCanada Gazette, Part II, Vol. 150, No. 6 (SOR/2016-37)Open official source
Retrieved from https://gazette.gc.ca/rp-pr/p2/2016/2016-03-23/html/sor-dors37-eng.html

Review method

Two separate automated exact-claim source reviews

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