Regulations Amending the Immigration and Refugee Protection Regulations (Seizure and Facilities for Holding and Examination — Miscellaneous Program): SOR/2026-128
Canada Gazette, Part II, Volume 160, Number 13
Registration
SOR/2026-128 June 12, 2026
IMMIGRATION AND REFUGEE PROTECTION ACT
P.C. 2026-608 June 12, 2026
Whereas, under subsection 5(2)footnote a of the Immigration and Refugee Protection Act 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 (Seizure and Facilities for Holding and Examination — Miscellaneous Program) to be laid before each House of Parliament;
Therefore, 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 (Seizure and Facilities for Holding and Examination — Miscellaneous Program) under subsections 5(1)footnote b and 140(3) and section 150 of the Immigration and Refugee Protection Act footnote b.
Regulations Amending the Immigration and Refugee Protection Regulations (Seizure and Facilities for Holding and Examination — Miscellaneous Program)
Amendments
1 Subsection 254(4) of the Immigration and Refugee Protection Regulations footnote 1 is replaced by the following:
Return — prevention of improper or fraudulent use
(4) If the application is in respect of a thing seized on the ground that the seizure was necessary to prevent the thing’s fraudulent or improper use, the thing shall be returned to the applicant if they make written submissions explaining why it is no longer necessary to hold the thing in order to prevent its fraudulent or improper use, why at the time of the seizure they were entitled to have that thing in their possession and why they are still entitled to it.
2 Subsection 255(4) of the Regulations is replaced by the following:
Return to lawful owner — prevention of improper or fraudulent use
(4) If the application is in respect of a thing seized on the ground that the seizure was necessary to prevent the thing’s fraudulent or improper use, the thing shall be returned to the applicant if they make written submissions explaining why it is no longer necessary to hold the thing in order to prevent its fraudulent or improper use, why at the time of the seizure they were its lawful owner and why they are still its lawful owner.
3 Section 257 of the Regulations is replaced by the following:
Notice of decision
257 (1) The decision on the application made under section 254 or 255 and the reasons for it must be given in writing and provided to the applicant as soon as feasible.
Return of item
(2) If a decision is made to return the thing, it must be returned without delay.
Decision provided by mail
(3) A decision provided by mail is deemed to have been provided on the seventh day after the day on which it was mailed.
4 (1) Subsection 271(1) of the Regulations is replaced by the following:
Facilities for holding and examination
271 (1) A commercial transporter, and a transporter who operates an airport or an international bridge or tunnel, must provide and maintain, free of charge, facilities, including areas, offices and laboratories, that are adequate for the holding and examination of persons being carried to Canada.
(2) Subsection 271(2) of the French version of the Regulations is replaced by the following:
Critères
(2) Les installations sont adéquates si elles satisfont aux exigences prévues par la partie II du Code canadien du travail, si elles sont sûres et, au besoin, isolées et si elles contiennent le matériel, les meubles et les accessoires nécessaires à l’exercice par l’agent de ses attributions au titre de la Loi.
Coming into Force
5 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 (the SJCSR or the Committee) identified a lack of clarity in provisions under subsection 254(4), subsection 255(4), section 257 and subsection 271(1) of the Immigration and Refugee Protection Regulations (IRPR), and recommended that the IRPR be amended to address this lack of clarity.
Objective
The objective of the amendments is to improve clarity of certain regulatory provisions and to correct a discrepancy between English and French versions.
Description and rationale
Clarity of wording on returning a seized thing to an applicant
The SJCSR highlighted that the current wording in subsection 254(4) and subsection 255(4), as it relates to an applicant seeking to have a seized thing returned, was predicated on the applicant demonstrating that the seizure of the thing was no longer needed for the prevention of improper or fraudulent use. The Committee highlighted that the requirement to “demonstrate” may place a burden on the applicant that they may never be in a position to meet. To address this issue, subsections 254(4) and 255(4) are amended to require applicants to “make written submissions” rather than to “demonstrate” that the seizure of the thing was no longer needed for the prevention of improper or fraudulent use.
Adding clarity to return of property
The SJCSR highlighted that section 257, which sets out requirements regarding a decision on the application for return of seized property, does not indicate with great clarity as to the actual requirement of property to be returned, nor how quickly the property must be returned. To address the SJCSR’s concern, section 257 is expanded and broken down into three subsections. The first subsection, which addresses the notice of decision, retains language from the previous version of section 257 with a minor edit. The new subsection indicates that the decision on an application must (instead of “shall”) be given in writing and provided to the applicant as soon as feasible. The second subsection is introduced to address the SJCSR’s concern by indicating that, if a decision is made to return the thing, it must be returned without delay. The third subsection, which addresses decisions provided by mail, retains language from the previous version of section 257. It specifies that a decision provided by mail is deemed to have been provided on the seventh day after the day on which it was mailed.
Adding clarity for facilities for holding and examination
Subsection 271(1) requires a commercial transporter and a transporter who operates an airport or an international bridge or tunnel to provide certain facilities without cost to Her Majesty in right of Canada. The SJCSR sought clarity regarding the phrase “without cost to Her Majesty.” To provide additional clarity and align this provision with other legislative and regulatory suggestions in related context, the amendments replace the term “without cost to Her Majesty” with the term “free of charge.” As well, subsection 271(1) no longer includes the term “proper,” which was duplicative of “adequate” and to provide greater alignment with the French version. The French version of subsections 271(1) and 271(2) was also amended to better align with the English version and provide more precise terminology in French.
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.
Analysis under the small business lens determined that the proposal will not impact small businesses in Canada.
Contact
Christy Hitchcock
Acting Director
Immigration Facilitation and Enforcement Policy Division
Telephone: 343‑550‑3334
Email: IEPU-UPELI@cbsa-asfc.gc.ca