Immigration and Refugee Protection Regulations (SOR/2002-227)

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.

• Marginal note:Notification

  (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 transporter's obligations under paragraph 148(1)(c) of the Act apply only in respect of foreign nationals carried in respect of whom a report is prepared under subsection 44(1) of the Act, or who are members of a crew or who are entering Canada to become members of a crew.

• Marginal note:Prescribed medical costs

  (2) Unless the transporter establishes that the foreign national holds a temporary or permanent resident visa and that their health condition is not a result of the transporter's negligence, any medical costs incurred with respect to the foreign national are prescribed costs and are calculated on the basis of the applicable provincial health insurance system.

• Marginal note:Arranging medical examination

  (3) A transporter must arrange for the medical examination of the foreign national required under paragraph 16(2)(b) of the Act and must arrange for medical treatment and observation if such conditions are imposed on the foreign national under section 32.

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.