Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program): SOR/2026-40

Canada Gazette, Part II, Volume 160, Number 5

Registration
SOR/2026-40 February 26, 2026

IMMIGRATION AND REFUGEE PROTECTION ACT

P.C. 2026-165 February 26, 2026

Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program) under subsections 5(1) and 140(3) of the Immigration and Refugee Protection Act footnote a.

Regulations Amending the Immigration and Refugee Protection Regulations (Miscellaneous Program)

Amendments

1 Subsection 253(2) of the French version of the Immigration and Refugee Protection Regulations footnote 1 is replaced by the following:

Avis de saisie au propriétaire légitime

(2) Dans le cas où le saisi n’est pas le propriétaire légitime de l’objet, l’agent prend les mesures raisonnables pour retracer le propriétaire légitime et pour l’aviser par écrit de la saisie et lui en indiquer les motifs. Si l’avis est envoyé par courrier, il est réputé donné le septième jour suivant sa mise à la poste.

2 Paragraph 255(3)(b) of the English version of the Regulations is replaced by the following:

3 Subsection 258(3) of the Regulations is replaced by the following:

Return or disposal of documents

(3) If a document is not returned to its lawful owner or the person from whom it was seized, the document shall be held for as long as is necessary for the administration of the laws of Canada, after which it shall either be returned to the authority that issued it or disposed of in accordance with the laws of Canada.

Coming into Force

4 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

On August 19, 2024, the Standing Joint Committee for the Scrutiny of Regulations identified issues with the Immigration and Refugee Protection Regulations (the Regulations) and recommended that the Regulations be amended to address these issues.

Objective

The amendments have the following objectives:

Description and rationale

Correction of discrepancies between English and French versions

Subsection 253(2) of the French version is amended from “prend toutes les mesures raisonnables” to “prend les mesures raisonnables” to match the English version that states, “make reasonable efforts.”

Paragraph 255(3)(b) in the English version is amended from “exercise all reasonable care” to “exercise reasonable care,” to match the French version that states, “les précautions voulues.”

Adding clarity to a regulatory provision

The Standing Joint Committee for the Scrutiny of Regulations also highlighted a lack of clarity in subsection 258(3) of the Regulations, which notes that, with regards to the disposal of a seized document that is not returned to its lawful owner following a period of necessary retention, it “will either be returned to the authority that issued it or disposed of in accordance with the laws of Canada.” The Committee suggested that “will” be replaced with “shall” in the English version to better indicate a mandatory duty.

To address this concern, subsection 258(3) is amended to replace the word “will” with the word “shall.”

Subsection 258(3) of the French version is also amended to add the word “de” before “l’application” as identified by Department of Justice revisors as a grammatical error, since this word was missing from the current text.

One-for-one rule and small business lens

The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to business.

Implementation

The amendments to the Regulations come into force on the day on which they are registered.

Contact

Christy Hitchcock
Acting Director
Immigration Facilitation and Enforcement Policy Division
Canada Border Services Agency
Telephone: 343‑550‑3334
Email: IEPU-UPELI@cbsa-asfc.gc.ca