← Canada · 2021

witharrow.ai/volatility-index/canada/fcp-fdfc0afe1c2e4ab99783

Regulations Amending the Immigration and Refugee Protection Regulations (Seizure Provisions) — SOR/2021-202

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

CountryCanada
Operative dateAugust 12, 2021
CategoryBorder controls / enforcement / administrative procedures
Policy toolDocument and property seizure rules
Affected groupForeign nationals subject to border or enforcement investigations

Policy effect

Streamlines Part 16 (Seizures) of the IRPR, establishing revised notification requirements when immigration officers seize things (including documents/assets) under subsection 140(1) of IRPA, and repealing former cash security return provisions (section 254).

Official source excerpt

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

… the annexed Regulations Amending the Immigration and Refugee Protection Regulations. Regulations Amending the Immigration and Refugee Protection Regulations Amendment 1 Sections 253 to 258 of the Immigration and Refugee Protection Regulations footnote 1 are replaced by the following: Notice of seizure — person from whom seized 253 (1) An officer who seizes a thing under subsection 140(1) of the Act shall provide written notice to the person from whom it was seized, including the grounds for the seizure. Notice of seizure — lawful owner (2) If the person from whom the thing was seized is not the lawful owner, the officer shall make reasonable efforts to identify the lawful owner and to give the lawful owner written notice of, and the grounds for, the seizure. If the notice is provided by mail, notification is deemed to have been provided on the seventh day after the day on which the notice was mailed. Application for return — person from whom seized 254 (1) If a thing was seized on the ground that it was fraudulently or improperly obtained or used, or that the seizure was necessary to prevent its fraudulent or improper use, the person from whom it was seized may apply for its return … , whether that is due to an application for return that is denied or in a case where an application was never made (not contemplated by the previous provisions). This is in contrast to the current regulatory provisions which only capture the scenario where an application for return is denied. The provisions themselves impose no new requirements on individuals, but merely state more clearly the procedures already in place for the disposal of items not returned. Therefore, there is no expected impact. Repeal: Application for return with a cash security Under the amendments, the provisions related to the application for return with a cash security and/or guarantee of performance (i.e. the existing section 254 of the IRPR) have been repealed. The original policy intent behind these provisions was to provide more timely access to a seized thing while allowing for a simultaneous application to be made for its outright return. For instance, if an item were to be seized, and its seizure is no longer required for the purposes of the Act, the applicant could in certain circumstances seek to post a cash security equal to the fair market value of the item at the time of the seizure in an effort to have the item returned provisionally pending a formal decision on the application for return. The amendments include a provision that requires all applications to be processed as soon as feasible, thereby providing for the timely return of all seized items in accordance with the IRPR without requiring a cash security or guarantee of performance. With the elimination of this provision, there will only be one procedure for the outright return of an item. Furthermore, in practice, most seizures are document seizures, and, as such, they are not eligible for return with a cash deposit and/or guarantee …
Canada Gazette Directorate, Public Services and Procurement CanadaCanada Gazette, Part II, Volume 155, Number 18, Regulations Amending the Immigration and Refugee Protection Regulations, SOR/2021-202.; SOR/2021-202, Canada Gazette Part II, Vol. 155, No. 18 (Registration: August 12, 2021).Open official source
Retrieved from https://gazette.gc.ca/rp-pr/p2/2021/2021-09-01/html/sor-dors202-eng.html

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp-fdfc0afe1c2e4ab99783. Something wrong? Flag this record.

Other Canada changes operative in 2021