Vol. 149, No. 26 — June 27, 2015

Regulations Amending the Immigration and Refugee Protection Regulations

Statutory authority

Immigration and Refugee Protection Act

Sponsoring agency

Canada Border Services Agency

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Regulations Amending the Passenger Information (Customs) Regulations.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsection 5(1) and section 150 of the Immigration and Refugee Protection Act (see footnote a), proposes to make the annexed Regulations Amending the Immigration and Refugee Protection Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Jennifer McKinley, Director, IAPI Policy, Programs Branch, Canada Border Services Agency, 427 Laurier Avenue West, Ottawa, Ontario, K1A 0L8 (tel: 613-952-2893; email: Jennifer.McKinley@cbsa-asfc.gc.ca).

Ottawa, June 9, 2015

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS

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 travel agent, 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 (1)The definition “agent” in section 2 of the Regulations is repealed.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”
« véhicule commercial »

“commercial vehicle” means a vehicle that is used for commercial purposes.

“transporter”
« transporteur »

“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”
« frais administratifs »

“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”
« moment du départ »

“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. (1)Paragraph 259(a) of the French version of the Regulations is replaced by the following:

(2) 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):

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 a medical examination 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:

Advance passenger 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 person who is on board the commercial vehicle at the time of departure, not later than 30 minutes after the time of departure.

Time of transmission — paragraph (1)(f)

(6) The information referred to in paragraph (1)(f) must be provided at the same time that any information referred to in subsections (3) to (5) is provided.

Incomplete or inaccurate information

(7) 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)

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

Maximum retention period

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

Notification 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 a person who may not hold the necessary documents prescribed under section 259.

Obligations unchanged

(2) For greater certainty, subsection (1) does not remove a commercial transporter’s 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 who 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 notification 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:

Relief from obligations

277. Despite sections 273 and 276, a commercial transporter is not obliged to carry a foreign national from Canada, except in the case of 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 (1)(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)Subsection 280(2) of the Regulations is amended by adding the following after paragraph (a):

(2) 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 assessment 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 decision to the commercial transporter.

PART 2

AMENDMENTS THAT COME INTO FORCE ON MARCH 15, 2016

14. 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):

15. (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:

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

Evidence 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 may not have held an electronic travel authorization when one was required by section 7.1.

PART 3

AMENDMENTS THAT COME INTO FORCE ON A DAY TO BE FIXED IN ACCORDANCE WITH SUBSECTION 19(3)

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

(2) Subsections 269(4) to (8) are replaced by the following:

Incomplete or inaccurate information

(4) 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)

(5) Subsection (4) does not apply in respect of information referred to in paragraph (1)(e).

Time of transmission — paragraph (1)(d)

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

Time of transmission — paragraph (1)(e)

(7) 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.

Updates

(8) If information referred to in paragraph (1)(e) about a person in relation to a particular carriage is added to the reservation system or changed 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.

Maximum retention period

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

18. The Regulations are amended by adding, after Schedule 1, the Schedule 2 set out in the schedule to these Regulations.

PART 4

COMING INTO FORCE

19. (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 on March 15, 2016.

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

SCHEDULE
(Section 18)

SCHEDULE 2
(Paragraph 269(1)(e))

INFORMATION ABOUT PERSONS IN A RESERVATION SYSTEM
  1. Their surname, first name and any middle names
  2. Their reservation record locator number
  3. Date of their reservation and date their ticket was issued
  4. Their itinerary, including the dates of departure and arrival for each segment of travel
  5. Information about their participation in a loyalty program and the benefits earned under the program, such as free tickets or upgrades
  6. Number of the other passengers included in the reservation record and their surname, first name and any middle names
  7. Contact information for each person mentioned in the reservation record, including the person who made the reservation
  8. Billing and payment information related to the travel transaction, including credit card number and billing address
  9. Information about the travel agent or agency, including name and contact information
  10. Code share information
  11. Information about whether their reservation record has been split or is linked to another record
  12. Their travel status, including confirmation and check-in status
  13. Ticketing information, including ticket number, automated ticket fare quote and whether a one-way ticket was purchased
  14. Their baggage information, including the number and weight of their bags
  15. Their seating information, including seat number
  16. General remarks in their reservation record, including other supplementary information, special service information and special service request information
  17. The information referred to in paragraphs 269(1)(a) and (b)
  18. The history of any changes to the information in items 1 to 17

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