Vol. 150, No. 6 — March 23, 2016

Registration

SOR/2016-37 March 11, 2016

IMMIGRATION AND REFUGEE PROTECTION ACT

Regulations Amending the Immigration and Refugee Protection Regulations

P.C. 2016-120 March 11, 2016

Whereas, pursuant to subsection 5(2) (see footnote a) and section 150 of the Immigration and Refugee Protection Act (see footnote b), the Minister of Public Safety and Emergency Preparedness has caused a copy of the proposed Regulations Amending the Immigration and Refugee Protection Regulations, substantially in the annexed form, to be laid before each House of Parliament;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 5(1) and section 150 of the Immigration and Refugee Protection Act (see footnote c), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations.

Regulations Amending the Immigration and Refugee Protection Regulations

Amendments

PART 1
Amendments Coming into Force on the Day of Registration

1 The Immigration and Refugee 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2 (1) The definition agent in section 2 of the Regulations is repealed.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

(3) The portion of the definition administration fee in section 2 of the English version of the Regulations before paragraph (a) is replaced by the following:

administration fee means a portion of the average cost incurred by Her Majesty in right of Canada in respect of foreign nationals referred to in subsection 279(1), and includes the costs relating to

(4) Section 2 of the Regulations is amended by adding the following in alphabetical order:

time of departure means

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:

4 Paragraph 259(a) of the French version of the Regulations is replaced by the following:

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 examination at a port of entry, the commercial transporter must give the person a receipt for the documents and hold the documents until examination.

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.

6 Section 263 of the Regulations is replaced by the following:

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.

Exception

(2) Subsection (1) does not apply if

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.

7 Subsection 268(2) of the English version of the Regulations is replaced by the following:

Failure to join means of transportation

(2) A transporter must, without delay, notify an officer at the nearest port of entry when a foreign national who entered Canada to become a member of the crew of the transporter’s vessel fails to join the means of transportation within the period provided in paragraph 184(2)(b).

8 Section 269 of the Regulations is replaced by the following:

Prescribed information

269 (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:

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.

Time of transmission — paragraphs (1)(a) to (d)

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

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.

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.

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.

Exception — paragraph (1)(e)

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

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.

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.

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.

Notice by Canada Border Services Agency

270 (1) The Canada Border Services Agency may notify a commercial transporter that a person whom it expects to carry to Canada may be a person who is prescribed under section 258.1 or may be a person who does not hold the necessary documents prescribed under section 259.

Obligations unchanged

(2) For greater certainty, subsection (1) does not relieve a commercial transporter of its obligation to comply with any requirement imposed by the Act or these Regulations.

9 The portion of subsection 273(1) of the Regulations before paragraph (a) is replaced by the following:

Obligation to carry from Canada

273 (1) A commercial transporter that has carried a foreign national referred to in this subsection to Canada or caused such a foreign national to be carried to Canada must, without delay, carry the foreign national from Canada

10 Sections 276 and 277 of the Regulations are replaced by the following:

Notifying commercial transporter

276 (1) When a foreign national who seeks to enter Canada is made subject to a removal order and a commercial transporter is or may be required under the Act to carry that foreign national from Canada, an officer must

Arrangements and notice

(2) After being notified under paragraph (1)(b), the commercial transporter must, without delay,

Time period

(3) The commercial transporter must carry the foreign national from Canada within 48 hours after giving the notice required by paragraph (2)(a).

Non-compliance

(4) If a commercial transporter does not comply with paragraph 2(a) or subsection (3) or notifies an officer that it is unable to comply with those provisions, or if an officer notifies the commercial transporter in writing that the proposed arrangements are not acceptable, an officer must cause the foreign national to be carried from Canada and the commercial transporter must pay the costs referred to in section 278.

Requirements for acceptance of arrangements

(5) To be acceptable, the arrangements referred to in subsection (2) must meet the following requirements:

Requirements for escort

(6) A commercial transporter that has been notified under paragraph 1(b) must comply with any request by an officer to provide an escort or to arrange for the carriage of the escort assigned by the Minister.

Relief from obligations

277 Despite sections 273 and 276, a commercial 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

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:

(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 by adding the following after paragraph (e):

(3) Paragraphs 279(2)(a) to (e) of the Regulations are replaced by the following:

12 (1) The portion of subsection 280(2) of the French version of the Regulations before paragraph (a) is replaced by the following:

Protocole d’entente

(2) S’il existe entre le transporteur commercial et le ministre un protocole d’entente conforme au paragraphe (3), les frais administratifs ci-après sont imposés au transporteur commercial:

(2) Paragraphs 280(2)(a) to (e) of the Regulations are replaced by the following:

(3) Paragraph 280(3)(g) of the Regulations is replaced by the following:

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):

15 Section 277 of the Regulations is amended by striking out “or” at the end of paragraph (a) by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):

16 (1) Paragraph 279(1)(a) of the Regulations is replaced by the following:

(2) Subsection 279(2) of the Regulations is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following:

17 Section 282 of the Regulations is amended by adding the following after subsection (2):

Elements considered

(2.1) In considering the submissions, the Minister must take into account whether the commercial transporter was, before the foreign national was carried to Canada, notified under section 270 that the foreign national may have been a person prescribed under section 258.1 or a person who did not hold an electronic travel authorization when one was required by section 7.1.

PART 3
Amendments Coming into Force on the Day Referred to in Subsection 20(3)

18 (1) Paragraph 269(1)(e) of the Regulations is replaced by the following:

(2) Subsections 269(4) to (10) are replaced by the following:

Time of transmission — paragraph (1)(e)

(4) The information referred to in paragraph (1)(e) must be provided, for each person who is expected to be on board the commercial vehicle, not later than 72 hours before the time of departure.

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.

Incomplete or inaccurate information

(6) A commercial transporter that becomes aware before or at the time of departure that information it has 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.

Exception — paragraph (1)(e)

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

Updates

(8) If information referred to in paragraph (1)(e) about a person in relation to a particular carriage is added to a reservation system or changed in the system less than 72 hours before the time of departure, the commercial transporter must, in the manner described in subsection (2) and at the following times, provide the Canada Border Services Agency with all the information referred to in paragraph (1)(e) about the person in relation to that carriage:

Time of transmission — paragraph (1)(f)

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

Retention period

(10) 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.

Retention period — investigation

(11) After the period referred to in subsection (10), 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.

19 The Regulations are amended by adding, after Schedule 2, the Schedule 3 set out in the schedule to these Regulations.

PART 4
Coming into Force

20 (1) Subject to subsections (2) and (3), these Regulations come into force on the day on which they are registered.

(2) Part 2 comes into force at 00:00 a.m. E.D.T. on September 30, 2016.

(3) Part 3 comes into force on a day to be fixed by amendment to this subsection.

SCHEDULE

(Section 19)

SCHEDULE 3

(Paragraph 269(1)(e))

Information about Persons in a Reservation System

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2016-35, Regulations Amending the Passenger Information (Customs) Regulations.