Guide for Transporters

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Obligations under the Immigration and Refugee Protection Act

Table of Contents

• Introduction
• 1. Obligations and Liabilities of Transporters
  • 1.1 Refuse to carry improperly documented persons to Canada
  • 1.2 Obligation to hold documents
  • 1.3 Present and hold persons for immigration examination
  • 1.4 Obligation to provide facilities
  • 1.5 Requirement to carry inadmissible persons from Canada
  • 1.6 Provide information upon request
  • 1.7 Advance Passenger Information (API) and Passenger Name Record (PNR)
  • 1.8 Requirement to deposit security
  • 1.9 Administration fees
  • 1.10 Removal Obligations
  • 1.11 Medical costs
• 2. Immigration Control – Document Requirements
  • 2.1 Canadian citizens, permanent residents and registered Indians
  • 2.2 Intending immigrants and protected persons (refugees)
  • 2.3 Temporary residents (visitors)
  • 2.4 Single journey travel documents
  • 2.5 Documents required by citizens and permanent residents of the United States, Saint-Pierre and Miquelon and Greenland
  • 2.6 Trusted Traveller Programs
  • 2.7 Transit Without Visa Program
  • 2.8 China Transit Trial (CTT)
  • 2.9 Document exemptions for crew members
  • 2.10 Adults travelling with children
  • 2.11 Unreliable Travel Documents
• 3. Examining Documents
  • 3.1 Seven steps to examining a passport
  • 3.2 Visa examination
  • 3.3 Identifying impostors
• 4. Immigration Processes at the Port of Entry
  • 4.1 Requirement to present passengers for examination
  • 4.2 Disembarkation checks – commercial air transporters
  • 4.3 Search and seizure
• 5. Crew Members
  • 5.1 Notification requirements
  • 5.2 Financial liability for crew members
• 6. Marine Sector Requirements
  • 6.1 Crew lists from foreign-registered vessels
  • 6.2 Crew lists when a Canadian border services officer does not board
  • 6.3 Crew members on ships of Canadian registry
  • 6.4 Examination of passengers and crew
  • 6.5 Stowaways
• 7. Support to Transporters
  • 7.1 Advice and training available overseas
  • 7.2 Intelligence information and trend analysis
  • 7.3 Commercial airline Memoranda of Understanding
• Appendices
  • Appendix I – Sample Documents and Stamps
  • Appendix II – Sample Documents and Forms
  • Appendix III – Definitions
  • Appendix IV – CBSA Liaison Officers (LOs) Located Abroad

Introduction

This guide is designed to ensure that transporters are fully aware of Canada's immigration requirements and the immigration control documents required of visitors and immigrants to Canada. It is also designed to ensure that transporters understand their obligations under Canada's Immigration and Refugee Protection Act (IRPA) and the operational, procedural and financial liabilities set out in the accompanying Immigration and Refugee Protection Regulations (IRPR). [ 1 ]

1. Obligations and Liabilities of Transporters

1.1 Refuse to carry improperly documented persons to Canada

Passengers carried by transporters must be properly documented for travel to Canada. Transporters are prohibited from carrying to Canada any person who does not hold the prescribed documents required for entry to Canada. [ 2 ] Failure to meet this requirement can result in an assessment of an administration fee, [ 3 ] as well as prosecution in certain circumstances.

Prescribed documents include:

• passports and travel documents;
• visas required by foreign nationals to enter Canada;
• permanent resident cards;
• travel documents issued to permanent residents abroad to facilitate their return to Canada;
• single journey travel documents issued to refugees selected abroad for resettlement in Canada; and
• travel documents issued by Canada to persons on whom the Government of Canada has conferred protection as refugees or protected persons.

A transporter must require persons exempt from the legal requirement for a passport and visa, such as those claiming to be citizens of Canada or the United States, to present sufficient credible evidence of their identity and citizenship.

The responsibility to ensure that a passenger is properly documented applies from the time the transporter boards the person at the final embarkation point before arrival in Canada, until that person is presented for examination at a Canadian port of entry.

1.2 Obligation to hold documents

To ensure that a person is properly documented when presented to an officer for examination at a port of entry, the Immigration and Refugee Protection Act authorizes transporters to hold a passenger's travel documents. [ 4 ] Where a transporter has reasonable grounds to believe that the prescribed documents of a person it carries to Canada may not be available for examination at a port of entry, the transporter must hold the documents until examination and give the person a receipt for the documents. [ 5 ] For more information see Appendix II, item 4. Transporters may use form BSF575, Receipt for Prescribed Document under R260, which can be ordered via the CBSA Web site at www.cbsa.gc.ca, or one of their choosing; the type of receipt used is at the transporter's discretion.

This authority to hold passenger documents is to be exercised when, despite the apparent genuineness of the travel documents, the transporter believes that the passenger may arrive in Canada without documents.

A transporter who holds passenger documents must give the documents and a copy of the receipt to a Canadian border services officer when presenting the person for examination.

If there is doubt about the genuineness of a document or about whether or not the passenger is the rightful holder, boarding should be refused and the person concerned referred to local control authorities.

1.3 Present and hold persons for immigration examination

Transporters are required to present all persons they carry to Canada for examination and to hold them until the examination is completed. [ 6 ] The transporter has complied with the obligation to hold a person for examination when:

• a Canadian border services officer informs the transporter that the examination of the person is completed;
• the person is authorized to enter Canada for further examination or an admissibility hearing; [ 7 ]
• the person is detained under any Canadian law. [ 8 ]

A Canadian border services officer may request a representative of the transporter to sign Form BSF453, Confirmation by Transporter Regarding Passenger(s) Carried (see Appendix II, item 5).

Persons must be held on the vehicles on which they arrive unless facilities for the examination and holding of persons are available at the port of entry. At international airports, transporters normally hold their passengers inside the terminal building, provided their passengers are not in transit. Persons arriving on cargo ships, however, must always be held aboard until examinations are completed.

Transporters must immediately notify a Canadian border services officer if a passenger eludes or attempts to elude examination. [ 9 ]

1.4 Obligation to provide facilities

Transporters are required to provide, equip and maintain facilities at ports of entry for the holding and examination of persons being carried to Canada. [ 10 ] This requirement applies to commercial transporters and transporters who operate an airport, international bridge or tunnel. [ 11 ]

The CBSA may also:

• require a transporter to make improvements to the facility and post signs appropriate for its operation or safe use;
• continue to use the facility for as long as required; and
• require a transporter to undertake construction or repairs to render the facility adequate for its purpose and, if the transporter refuses, to contract the work and recover the costs from the transporter.

1.5 Requirement to carry inadmissible persons from Canada

Transporters may be required to carry from Canada any inadmissible persons they bring to Canada. This requirement applies to foreign nationals who:

• are directed to leave pursuant to Regulation 40(1);
• are directed back to the United States pursuant to Regulation 41;
• are allowed to withdraw their application to enter Canada pursuant to Regulation 42; or
• are subject to an enforceable removal order. [ 12 ]

Transporters must transport foreign nationals subject to enforceable removal orders from wherever they are situated in Canada to the vehicle in which they will be carried from Canada. [ 13 ]

Once a transporter is notified that a removal order is enforceable, and if the transporter fails to provide transportation within 48 hours after advising an officer of its intention to do so, or fails to make arrangements which are acceptable, an officer will arrange for the person to be conveyed from Canada at the transporter's expense.

A transporter is not required to carry from Canada any foreign national who was authorized to enter Canada as a permanent or temporary resident or who held a visa. [ 14 ] However, crew members are an exception. A transporter is always required to carry from Canada a foreign national carried to Canada as, or to become, a member of a crew, regardless of whether entry was authorized.

1.6 Provide information upon request

On request of a Canadian border services officer, transporters are required to provide the following documents without delay, provided the request is made within 72 hours after the presentation for examination of the person in Canada:

• a copy of the passenger's ticket;
• information related to the passenger's travel itinerary, including the place of embarkation and dates of travel; and
• information about the passport number and type, or the travel or identity document used by the passenger. [ 15 ]

1.7 Advance Passenger Information (API) and Passenger Name Record (PNR)

The Customs Act, the Passenger Information (Customs) Regulations, the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations require commercial transporters to provide API on all passengers and crew destined to Canada. As well, transporters must provide PNR information or access to their PNR information after they undertake to carry a passenger to Canada.

A commercial transporter must provide all API elements for each person on board. [ 16 ] The API data elements must be transmitted to the CBSA in an approved format using an authorized method of transmission. A commercial transporter must also electronically provide PNR information held within its reservation system on all passengers to be carried to Canada. [ 17 ]

A transporter captures accurate API information at the time of check-in. The six required API data elements for each person on board a commercial conveyance travelling to Canada are:

• surname, first name and any middle names;
• date of birth;
• gender;
• citizenship or nationality;
• the type of travel document, the name of the country in which the travel document was issued and the number on the travel document; and
• the reservation record locator number if any, and in the case of the person in charge of the commercial conveyance and any other crew member without a reservation record locator number, notification of his or her status as a crew member.

PNR information that is available in a transporter's reservation system may be quite extensive, and each transporter will capture different data elements within its system. This information is related to a traveller's reservation and itinerary. It is contained in the reservation system and is created at the time of booking. API/PNR must be sent at the time of the conveyance's departure for Canada. API/PNR data is used to identify passengers for further examination on arrival in Canada, and to conduct ongoing analysis of data for identification of potential threats to the safety and security of Canadians.

Implementation of the API/PNR program is initially focused on the air transportation mode. Implementation of the program in other modes may be considered in the future.

To assist the transportation industry with the API/PNR program, the CBSA has established a team of client account managers who are responsible for responding to inquiries and providing information. An account manager may be contacted by e-mail at api-pnr@cbsa-asfc.gc.ca or by telephone at 1-866-4API-PNR (1-866-427-4767) toll-free in North America only.

1.8 Requirement to deposit security

Transporters are obliged to deposit security if directed to do so. [ 18 ] Security must be in the form of a cash deposit in Canadian currency. Alternative forms of security will not normally be considered. Exceptions may occasionally be made however, if the CBSA has entered into a Memorandum of Understanding (MOU) with the transporter and if the agreement provides for another form of security and stipulates what type of security would be acceptable.

There are two forms of security.

• General security is required of all commercial transporters with regular passenger service to Canada. Where the deposit is in cash, interest is paid on general security. The amount of security is determined on the basis of estimates of potential liabilities and on the transporter's payment and credit record.
• Case-specific security is required on a case-by-case basis. No interest is paid on case-specific security. The amount of case-specific security in respect of a crew member, stowaway or any inadmissible person may vary but will normally be a minimum of CAN$25,000 per person.

Transporters will be requested in writing to provide security. When security is received, a departmental official will complete and provide the original official receipt to the transporter (see Appendix II, item 6).

When a commercial transporter fails to comply with a direction to post security, the following action may be taken to enforce the direction:

• detention of a vehicle or other prescribed good(s) until the transporter complies with the direction or until security is received from a third party; [ 19 ] and
• seizure and sale of a vehicle or other prescribed good(s) if the amount remains unpaid beyond a reasonable period of time. [ 20 ]

Should enforcement action be required, Form IMM5266, Notice of Detention or Seizure of Vehicle or Prescribed Good will be issued to the transporter (see Appendix II, item 7).

Where no security has been deposited, detention or seizure of a vehicle or other prescribed good can also be used to collect unpaid liabilities. The transporter is liable to pay all costs associated with the detention or seizure of one of its vehicles. [ 21 ]

1.9 Administration fees

Transporters are required to pay administration fees to partially defray the cost of processing certain categories of inadmissible foreign nationals conveyed to Canada. The fees apply when a transporter carries a foreign national:

• who is inadmissible for failing to be in possession of the documents required for entry;
• whom the transporter has been directed not to carry to Canada;
• who is exempt from the requirement to hold a passport or travel document but who does not have sufficient evidence of his/her identity;
• who failed to appear for an examination on arrival in Canada; or
• who entered as, or to become, a member of a crew and who is inadmissible. [ 22 ]

Administration fees are waived in respect of any foreign national:

• who is authorized to enter and remain in Canada on a temporary basis, other than a foreign national who entered as, or to become, a member of a crew;
• who is allowed to withdraw an application to enter Canada and who leaves Canada immediately;
• who is subject to a removal order issued on arrival at a port of entry and who leaves Canada immediately;
• who returns to Canada because another country refused to allow this person entry after he/she was removed from, or otherwise left Canada under a removal order; or
• who is inadmissible for failing to obtain a permanent resident visa to remain in Canada on a permanent basis but is exempted from the requirement to have a temporary resident visa. [ 23 ]

The fee amounts are set out in Section 280 of the Immigration and Refugee Protection Regulations. The full fee amount is CAN$3,200.

If a transporter has carried an improperly documented person, the transporter will be notified that it is in violation of the Immigration and Refugee Protection Act.

An electronically generated message will be sent to the liable commercial transporter (air mode only) informing them of this and providing as much detail as possible (see Appendix II, item 1). The violation code table (see Appendix II, item 2) describes the transportation violation codes in this message.

Each time an administration fee is assessed against a commercial transporter, the company will receive a Notice of Assessment (see Appendix II, item 3). A Notice of Assessment may be served by registered mail, by facsimile with acknowledgement of receipt or by electronic transmission. [ 24 ]

The transporter may contest the fee by making a written submission within 30 days, in which case the assessment will be reviewed. The submission must be received by the date shown on the Notice of Assessment.

Upon receipt of a written submission, any new information the transporter presents will be taken into account. It is strongly recommended that submissions from carriers be accompanied by original passenger manifests (if available). The CBSA's delegate will review each submission and confirm or cancel the assessment. The final decision is conveyed in writing to the transporter. If a submission is not received within 30 days, the assessment becomes final and the transporter is liable for the administration fee. [ 25 ]

1.10 Removal Obligations

Removal costs

Transporters are required to pay the costs of removing any person they are required to carry or cause to be carried from Canada, unless the foreign national was in possession of a visa upon arrival or was authorized to enter Canada as a temporary resident. Transporters are liable for all costs related to the departure from Canada of a crew member, regardless of the circumstances.

Liability for removal and removal costs continues until individual cases are resolved, which may take several years in some circumstances.

Removal costs for which a transporter may be liable include:

• expenses incurred in or outside Canada for the foreign national's accommodation and transport;
• accommodation and travel expenses incurred by an escort;
• fees paid in obtaining passports, travel documents and visas for the foreign national and any escorts;
• the cost of meals, incidentals and other related expenses;
• regular and overtime wages paid to escorts and other personnel accompanying the foreign national; and
• costs or expenses for interpreters or medical or other personnel assisting with the removal. [ 26 ]

Removal notice

Canadian border services officers will notify transporters of their liability to carry an inadmissible foreign national from Canada as soon as a removal order becomes enforceable. Form BSF502, Notice to transporter (see Appendix II, item 8), will normally be the means by which notification is served. After being notified, the transporter must immediately notify an officer of the transportation arrangements made and carry the foreign national from Canada within 48 hours thereafter. Should the transporter fail to do so, an officer may make the necessary travel arrangements at the transporter's expense.

Escorts

When a transportation company is notified that it must carry an inadmissible passenger from Canada, the CBSA will indicate whether the person must be escorted. If the person must be escorted, the transportation company should provide its own escorts.

1.11 Medical costs

When directed to do so by a Canadian border services officer, a transporter must arrange for the medical examination, treatment and observation of any foreign national it brought to Canada who is the subject of a report on inadmissibility under section 44(1) of the Act, or who entered Canada as, or to become, a member of a crew. [ 27 ]

A transporter is not liable for medical costs if the foreign national holds a temporary resident visa or an immigrant visa, provided that the transporter demonstrates that the foreign national's medical condition is not a result of its negligence. [ 28 ]

Medical service providers should bill the transporter directly when the transporter is liable for medical expenses. These costs should not be billed to the CBSA.

The transporter's liability continues for as long as:

• the foreign national requires medical treatment and has not been authorized to enter Canada as a temporary or permanent resident; or
• its crew member remains in Canada.

2. Immigration Control – Document Requirements

2.1 Canadian citizens, permanent residents and registered Indians

Canadian citizens, permanent residents of Canada and registered Indians in Canada enter Canada by right. To be accepted for travel, Canadian citizens, permanent residents and registered Indians must be able to produce satisfactory evidence of their identity and status.

The Government of Canada recommends that Canadian citizens and Canadian born registered Indians travel with a valid Canadian passport for all visits abroad, including the United States. A passport is the only reliable and universally accepted identification document, and it proves that they have a right to return to and enter Canada.

International transportation companies may require travellers to present a passport. Therefore, Canadian citizens who present other documents, such as birth certificates, citizenship cards or certificates of Indian Status, may face delays or may not be allowed to board the vehicle.

Transporters should take care when boarding persons claiming to be Canadian citizens, permanent residents or registered Indians who do not present a passport. If, upon examination, these persons turn out to be foreign nationals, the transporter may be assessed administration fees. [ 29 ]

Carriers should refer Canadian citizens making international travel bookings to the “Traveller's Checklist” on the Foreign Affairs and International Trade Canada Web site at www.voyage.gc.ca.

Canadian citizens

The following documents are proof of Canadian citizenship for the purpose of international travel:

• Canadian passport [see Appendix I, item 1. (a) to (d)].
• Canadian temporary passport [see Appendix I, item 1. (e)].
• Canadian emergency travel document [see Appendix I, item 1. (f)].

A Canadian citizenship certificate (CCC) is not a travel document. However, it may be used within Canada as evidence of citizenship.

The Enhanced Drivers License (EDL) and Enhanced Identification Card (EIC) (non-drivers) are alternative travel documents denoting the holder's identity and citizenship for border-crossing purposes solely at U.S. land and marine POEs.

Registered Indians

The Certificate of Indian Status (CIS) or the Secure Certificate of Indian Status (SCIS) [see Appendix I, item 15] is not a travel document. It is an identity document issued by Aboriginal Affairs and Northern Development Canada to confirm that the cardholder is registered as a Status Indian under the Indian Act.

The SCIS is available in two formats: Machine Readable Zone (MRZ) and Non-Machine Readable Zone. The MRZ SCIS is an acceptable document to present when visiting the United States by land and by marine only [see Appendix I, item 15].

Permanent residents of Canada

The following documents are considered proof of Canadian permanent resident status:

• Permanent Resident Card (see Appendix I, item 4). The Permanent Resident Card, accompanied by a valid foreign passport is proof of permanent resident status for international travel purposes. The card has an expiry date and is valid for either five years or one year.
• Permanent resident travel document (visa counterfoil) for permanent resident without a Permanent Resident Card (see Appendix I, item 4). Permanent residents outside Canada who do not have a Permanent Resident Card and who would be unable to otherwise return to Canada may obtain a permanent resident travel document from a Canadian mission abroad. This is a counterfoil in the same format as a visa and is affixed to the permanent resident's passport or travel document.

Permanent residents may also travel to Canada with the following documents:

• Canadian Refugee Travel Document (see Appendix I, item 2).
• Canadian Certificate of Identity (see Appendix I, item 3).
• Single Journey Travel Document (see Section 2.4).

Where a permanent resident travels on either of these documents, the permanent resident must be in possession of a Permanent Resident Card. Alternatively, the document must be endorsed with a permanent resident travel document (same format as a visa), issued at a Canadian mission abroad.

2.2 Intending immigrants and protected persons (refugees)

Permanent resident visa requirements

Foreign nationals from visa required countries travelling to Canada as an intending immigrant or a refugee selected abroad, regardless of nationality, require a permanent resident visa.

Permanent resident visa (see Appendix I, item 7)

Visa counterfoils are issued to intending immigrants from visa required countries and protected persons (refugees) to facilitate their initial journey to Canada. For persons who do not have passports, the visa will be applied to a travel document issued for the sole purpose of travelling to Canada. The International Committee of the Red Cross, the United Nations High Commission for Refugees or a Canadian visa office may issue these travel documents.

Passport and travel document requirements

A foreign national seeking to become a permanent resident of Canada also requires one of the following:

• A passport issued by the country of which that person is a citizen or national (other than diplomatic).
• A travel document issued by the country of which that person is a citizen or national.
• An identity or travel document that was issued by a country to non-national residents, refugees or stateless persons who are unable to obtain a passport or travel document from their, or who have no, country of citizenship or nationality.
• A passport or travel document issued by the Palestinian Authority.
• A travel document issued by the International Committee of the Red Cross in Geneva, Switzerland.
• A travel document issued by the International Committee of the Red Cross in Geneva, Switzerland.
• A passport issued by the Government of Macao Special Administrative Region of the People's Republic of China.
• A passport issued by the Government of Hong Kong Special Administrative Region of the People's Republic of China. [ 30 ]

Non-refugee foreign nationals approved for immigration to Canada who are unable to obtain one of the above documents may travel to Canada with a single journey travel document to which their permanent resident visa is affixed [see Appendix I, Item 5. (a)].

A foreign national on whom refugee protection is conferred abroad by Canadian authorities who is unable to obtain one of the above documents may travel specifically to Canada with a single journey document for resettlement to Canada [see Appendix I, Item 5. (b)].

A protected person (refugee) who is not yet a permanent resident and who intends to travel outside Canada will obtain a Canadian Refugee Travel Document (see Appendix I, item 2) before leaving Canada. This document is valid for travel to all countries except the country of persecution. Holders must return to Canada prior to the expiry date. Transporters may refer to the protected person status document to determine validity of status in Canada or contact your local CBSA Liaison Officers (LOs) for advice.

2.3 Temporary residents (visitors)

Passport and travel document requirements

Foreign nationals must be in possession of a passport or travel document. These documents are not required by:

• U.S. citizens;
• U.S. permanent residents who travel directly to Canada from the United States or from Saint-Pierre and Miquelon;
• residents of Greenland who travel directly to Canada from Greenland;
• French citizens who are residents of Saint-Pierre and Miquelon and who travel directly to Canada from Saint-Pierre and Miquelon;
• members of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, seeking entry to carry out official duties (other than persons designated as a civilian component of those armed forces);
• persons who are seeking to enter Canada as, or in order to become, members of a crew of a means of air transportation and who hold an airline flight crew licence or crew member certificate issued in accordance with International Civil Aviation Organization specifications; or
• persons seeking to enter Canada as a member of a crew who hold a seafarer's identity document issued under International Labour Organization conventions and are members of the crew of the vessel that carries them to Canada. [ 31 ]

For further information concerning acceptable forms of identification, see Section 2.5.

Temporary resident visa requirements

Many visitors to Canada are required to obtain a visa prior to travelling (see Appendix I, item 7). This requirement is waived for citizens of certain countries. A complete and up-to-date listing of persons who do and do not require visas to travel to Canada can be found at www.cic.gc.ca.

Temporary resident visas are issued as either a single or multiple-entry visa.

To facilitate the screening of passengers and prevent the re-use of a single-entry temporary resident visa, the examining officer at the port of entry will indicate on the visa that it has been used, thus invalidating it for future use. The BSO must circle the “one” under number of entries and draw a diagonal line from the top left to the bottom right corner of the counterfoil pressing firmly with a black indelible ink pen. A visa can be issued up to six months prior to the expected travel date and is never issued with a validity period that exceeds the validity of the travel document.

Persons who have entered Canada as temporary residents, students or temporary workers with single-entry visas may return to Canada after visiting a contiguous territory (the United States or Saint-Pierre and Miquelon) without obtaining a new visa, provided the return is within the period of entry authorized, or where no specific period is indicated, within six months of the original entry stamp.

Multiple-entry temporary resident visas are issued to persons who have reason to visit Canada repeatedly. The maximum validity of a multiple-entry visa is five years. Visas are never issued with validity periods that exceed the validity of the travel document.

Temporary resident permits

Effective April 30, 2005, Canadian missions abroad no longer issue temporary resident permits [see Appendix I, item 6]. As of that date, such permits are issued only in Canada. Transporters must ensure that non visa exempt passengers have one of the following documents:

• a valid visa;
• a valid Temporary Resident Permit issued prior to April 30, 2005. Such permits contain the words "AUTHORIZED TO LEAVE AND RE-ENTER CANADA"; or
• facilitation counterfoil in their passport or travel document. The facilitation counterfoil will be shown as valid for a single or multiple entry.

Transporters may be subject to administration fees in respect of passengers who arrive in Canada with Temporary Resident Permits issued on or after April 30, 2005, stating that they are "NOT VALID FOR TRAVEL TO CANADA."

2.4 Single journey travel documents

The single journey travel document (SJTD) [see Appendix I, item 5. (a)] serves to facilitate one-way travel to Canada under limited and exceptional circumstances to permanent residents or temporary resident permit holders who are otherwise unable to obtain a prescribed travel document (i.e. passport).

The SJTD will be issued in conjunction with a counterfoil visa and will include a die-cut photo. Without seals over the counterfoil and photo, the document is not valid for travel. The document will be recovered by the port of entry officers upon arrival in Canada.

2.5 Documents required by citizens and permanent residents of the United States, Saint-Pierre and Miquelon and Greenland

U.S. citizens

U.S. citizens must produce sufficient documentation to establish their identity and citizenship.

The U.S. passport is proof of U.S. citizenship for the purpose of travel to Canada [see Appendix I, item 8. (a to c)].

The U.S. passport card is proof of U.S. citizenship for the purpose of travel to Canada, however it is limited for travel by land and marine only. The card is not valid for travel by air (see Appendix I, Item 8. (d)).

U.S. citizens must have a valid passport or other appropriate secure document to enter the U.S. Therefore, U.S. citizens should bring these documents with them to Canada in order to satisfy document requirements for their return into the U.S.

The Enhanced Drivers License (EDL) and Enhanced Identification Card (EIC) (non-drivers) are alternative travel documents denoting the holder's identity and citizenship for border-crossing purposes solely at U.S. land and marine ports of entry.

Citizens of the United States presenting other documents may not be able to satisfy a border services officer that they are exempt from the entry document requirements.

U.S. permanent residents

Permanent residents of the United States may travel to Canada from the United States or Saint-Pierre and Miquelon without passports, travel documents or visas provided they produce satisfactory evidence of their identity and status. However, if these persons travel to Canada from any other part of the world they require passports (or travel documents) and are visa-exempt (provided they can substantiate their status as a U.S. permanent resident).

The following documents are proof of permanent residence:

• U.S. Permanent Resident Card (see Appendix I, item 11).
• A temporary I-551 machine-readable immigrant visa (MRIV) bearing the statement: "UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR" directly above the machine-readable zone, when contained in an unexpired passport and endorsed with an admission stamp, constitutes a temporary I-551, valid for one year from the date of endorsement on the admission stamp [see Appendix I, item 12. (a)].
  
  
  Note:

  Rarely, if a passport is unavailable, the MRIV will be issued on a Form DS 232, Unrecognized Passport or Waiver Cases.

• A temporary I-551 ADIT (Alien Documentation, Identification and Telecommunications System) stamp affixed to a passport or to the Arrival/Departure Record (Form I-94) [see Appendix I, item 12. (b)].

French citizens who are residents of Saint-Pierre and Miquelon

Provided they are French citizens, residents of Saint-Pierre and Miquelon do not require passports to travel from Saint-Pierre and Miquelon to Canada directly. However, citizens of France that are resident of Saint-Pierre and Miquelon presenting other documents may not be able to satisfy a border services officer that they are exempt from the entry document requirements. [ 32 ]

Residents of Greenland

Residents of Greenland do not require passports to travel from Greenland to Canada directly. However, residents of Greenland presenting other documents may not be able to satisfy a border services officer that they are exempt from the entry document requirements. [ 33 ]

2.6 Trusted Traveller Programs

The CBSA trusted traveller programs provides low-risk travellers an alternative means of examination when crossing the border. Approved members use automated self-serve kiosks at participating airports, dedicated lanes at land border sites and telephone reporting in the marine mode to clear the border with minimal delays. Program participants must comply with the requirements of the IRPA and IRPR, the Customs Act and Regulations and laws/regulations enforced by the CBSA and its U.S. counterpart, Customs and Border Protection (CBP), for bilateral programs.

CANPASS

CANPASS offers a suite of domestic programs. CANPASS-Air is a domestic trusted traveller program administered solely by the CBSA and is available only for travellers using commercial air carriers. Members of the program are able to use self-serve kiosks at eight Class 1 airports in Canada to expedite their border clearance procedures. Members are issued a CANPASS Card and have their iris biometric photographed, which facilitates their use of the automated kiosks. Program guidelines indicate that members must carry appropriate documents to confirm their identity and citizenship, such as a Canadian passport. The program does not offer members expedited passage privileges in other modes of transportation.

CANPASS Private and Corporate Air are permit programs administered solely by the CBSA and are designed to facilitate and expedite the passage of Canadian and United States citizens and permanent residents arriving in Canada using non-commercial carriers at designated airports. Members of these programs must carry appropriate documents to confirm their identity and citizenship, such as a Canadian passport, and the permits may not be used to expedite passage when using commercial carriers.

CANPASS Private Boats is a permit program administered solely by the CBSA and is designed to facilitate and expedite the marine arrival of Canadian and United States citizens and permanent residents arriving in Canada on private watercraft. Members of these programs must carry appropriate documents to confirm their identity and citizenship, such as a Canadian passport, and the permit may not be used to expedite the passage in other modes of transportation.

NEXUS

The NEXUS program is jointly administered by the CBSA and U.S. Customs and Border Protection. Citizens and permanent residents of Canada and U.S. holding a valid NEXUS card (see Appendix I, Item 14) can enter Canada or the USA at designated ports of entry.

• By air: using automated self-serve kiosks available at designated international airports;
• at land borders: using designated NEXUS lanes; and
• at marine borders: reporting to border officials by phone in advance of your arrival in the marine mode of transportation.

If you are not a NEXUS member or are transporting persons into Canada that are not NEXUS members, you must use conventional processing lanes.

Valid NEXUS cards may be used as proof of identity and as a document which denotes citizenship when NEXUS members, who are Canadian or U.S. citizens only, enter Canada.

NEXUS members travelling to Canada from outside the U.S. must also carry documents to confirm their identity and status in addition to their NEXUS membership card.

2.7 Transit Without Visa Program

The Canada Border Services Agency (CBSA) and Citizenship and Immigration Canada (CIC) have established the Transit Without Visa (TWOV) program. The program allows certain foreign nationals to transit a participating Canadian international airport, on their way to and from the United States, without a Canadian temporary resident visa if they meet the following requirements:

• they are a national from an approved country;
• they hold a valid U.S. visa (see Appendix I, item 13); and
• they travel on an approved airline (Note 1) .
  
  
  Note 1:

  The only carriers who are authorized, at the time of publication, to carry TWOV passengers are: Air Canada, Air China, Cathay Pacific, China Airlines, Jazz Aviation LP and Philippine Airlines.

Currently, the TWOV program is available at the Vancouver International Airport, the Toronto Pearson International Airport (Terminal 1) and the Montreal International Airport − Pierre Elliott Trudeau. To participate in the TWOV program, all airport authorities and air carriers interested in joining the program are required to submit a business case in writing to the CBSA and CIC for review. Further information is available at www.cbsa.gc.ca.

Approved airlines must ensure that all its TWOV passengers transiting Canada TO the United States meet the following criteria:

1. they are nationals of Indonesia, Philippines, Thailand or Taiwan (Note 2) and are travelling on a valid passport issued by one of these countries;
   
   
   Note 2:

   Effective November 22, 2010, travellers with ordinary Taiwan passport issued by the Ministry of Foreign Affairs in Taiwan that contains the personal identification number no longer require a Temporary Resident Visa to visit Canada. Holders of Taiwan passport that do not qualify for an exemption may still be eligible for the TWOV program.

2. they hold a valid United States visa (Note 3);
   
   
   Note 3:

   No distinctions should be made between the different types of U.S. visas eligible under TWOV. All valid U.S. visas qualify for the program.

3. they are ticketed to arrive in Canada on an approved airline at an approved Canadian airport; and
   1. with respect to flights being cleared in Canada by US in-transit-pre-clearance (USITPC):
      1. are ticketed on one of its flights that is to arrive in Canada and have access to USITPC facilities and will be cleared at those facilities without first having to be examined by a border services officer; and
      2. hold a confirmed onward ticket for a direct flight to the U.S. that will leave within the same day of arrival, meaning that passengers are booked to leave immediately on a connecting flight, with the transporter of passenger's choice, with no break in their journey, and within the scheduled hours of the USITPC operations (no overnight stay permitted); or
   2. for fifth freedom flights:
      1. are ticketed on one of its flights that is to arrive and leave Canada that will be cleared by U.S. Customs and Border Protection officer upon arrival in the United States and while in Canada will remain in the sterile area; and
      2. hold a confirmed onward ticket for a direct flight to the U.S. that will leave within the same day of arrival, meaning that passengers are booked to leave immediately on a connecting flight with the same transporter with no break in their journey.

Approved airlines must ensure that all its TWOV passengers transiting Canada FROM the United States to any international destination meet the following criteria:

1. they are nationals of Indonesia, Philippines, Thailand or Taiwan (Note 4) and are travelling on a valid passport issued by one of these countries;
   
   
   Note 4:

   Effective November 22, 2010 travellers with ordinary Taiwan passport issued by the Ministry of Foreign Affairs in Taiwan that contains the personal identification number no longer require a Temporary Resident Visa to visit Canada. Holders of Taiwan passport that do not qualify for an exemption may be eligible for TWOV program.

2. they entered the U.S. on a valid visa;
3. they are ticketed to arrive in Canada on an approved airline at an approved Canadian airport;
4. they arrive in Canada on a direct non-stop flight from the United States;
5. they hold confirmed onward ticket for a flight that will leave Canada within the same day of arrival. Passengers must be booked to leave immediately on a connecting flight with no break in their journey, and with no layover (no overnight stay permitted).
6. they are in possession of the required travel documents for all countries they may travel through;
7. they are not under removal or deportation order*;
   
   
   *Exception:

   TWOV passengers who transited Canada at an approved airport aboard a qualified fifth freedom flight that was post-cleared in the United States, and who are subsequently refused admission by U.S. Customs and Border Protection upon their flight's arrival, can be removed from the United States within seven days of their arrival under the TWOV program.

8. TWOV passengers in transit from the United States can depart Canada on any airline. The onward flight must depart Canada on the same day of arrival, meaning that passengers are booked to leave immediately on a connecting flight with no break in their journey (no overnight stay permitted.)

2.8 China Transit Trial (CTT)

The CBSA and CIC have introduced the China Transit Trial (CTT) and is similar in principle to the TWOV program. The CTT permits Chinese nationals holding a valid U.S. visa to transit a participating Canadian international airport on their way to or form the U.S. without a Canadian temporary resident visa if they meet the following requirements:

• they hold a valid U.S. visa (see Appendix I, item 13);
• they travel on an approved airline; and
• they travel on a direct flight originating in one of the six points of embarkation: Beijing, Hong Kong, Guangzhou, Shanghai, Manila and Taipei.

Approved Airlines must ensure that all its CTT passengers transiting Canada TO the U.S. meet the following criteria:

1. they are nationals of China and are travelling on a valid passport issued by the People's Republic of China;
2. they hold a valid United States visa (Note 1);
   
   
   Note 1:

   No distinctions should be made between the different types of US visas eligible under CTT. All valid U.S. visas qualify for the pilot.

3. they are arriving at participating Canadian airport on a direct, non-stop flight departing from one of the following cities: Beijing, Hong Kong, Shanghai, Guangzhou, Manila or Taipei;
4. for flights being cleared in Canada by USITPC:
   1. they are ticketed on one of its flights that is to arrive in Canada and have access to USITPC facilities and will be cleared by the US Customs and Border Protection officer without first having to be examined by a border services officer; and
   2. they hold a confirmed onward ticket for a flight to the U.S. that will leave the Canadian Airport within the same day of arrival, meaning that passengers are booked to leave immediately on a connecting flight with no break in their journey, and within the scheduled hours of the U.S. In-transit Pre-clearance (USITPC) operations (no overnight stay permitted); or
5. for fifth freedom flights:
   1. they are ticketed on one of its flights that is to arrive and leave Canada and that will be cleared by the US Customs and Border Protection officer upon arrival in the US and while in Canada will remain in the sterile transit area; and
   2. they hold confirmed onward ticket for a flight to the US that will leave the Canadian Airport within the same day of arrival and with no lay-over.

Approved airlines must ensure that all its CTT passengers transiting Canada FROM the United States to any international destination meet the following criteria:

1. they are nationals of Peoples Republic of China travelling on a valid passport issued by that country;

2. they entered the U.S. on a valid visa;

3. they are ticketed to arrive in Canada on an approved airline at participating Canadian Airport;

4. they arrive in Canada on a direct non-stop flight from the U.S.;

5. they hold confirmed onward ticket for a flight that will leave Canada within the same day of arrival. Passengers must be booked to leave immediately on a connecting flight with no break in their journey, and with no layover (no overnight stay permitted).

6. they are in possession of the required travel documents for all countries they may travel through;

7. are not under removal or deportation order*;

8. CTT passengers in transit from the United States to another country can depart Canada on any airline. The onward flight must depart Canada on the same day of arrival, meaning that passengers are booked to leave immediately on a connecting flight with no break in their journey (no overnight stay permitted.)

2.9 Document exemptions for crew members

Exemptions from passport requirement

Foreign nationals travelling to Canada as, or to become crew members of an aircraft and who hold an airline flight crew licence or a crew member certificate issued in accordance with International Civil Aviation Organization specifications do not require a passport.

Foreign nationals arriving in Canada as crew members of a vessel who hold a seafarer's identity document issued under International Labour Organization conventions do not require a passport. They do require a passport, however, if travelling to Canada by air or by other means for the purpose of becoming a member of the crew of a vessel which is already in Canada.

Exemptions from temporary resident visa requirement

Foreign nationals do not require a temporary resident visa if they seek to enter Canada as, or to become crew members of an aircraft, train or bus. Foreign nationals do not require a temporary resident visa if they seek to transit through Canada after working, or to work, as crew members of an aircraft, train or bus if they possess a ticket to depart Canada within 24 hours of their arrival.

Foreign nationals do not require a temporary resident visa if they are carried to Canada by a vessel of which they are crew members and are seeking to enter Canada as a crew member of that vessel and to remain in Canada solely as a crew member of that vessel or any other vessel. They do require a visa, however, if they are seeking to enter Canada to join a vessel as a crew member and are citizens of a country whose citizens require a temporary resident visa.

Employment letters containing ship-joining instructions do not meet the documentary requirements for crew members. Carriers should not board persons presenting such letters unless the holders are also in possession of the passports and visas required for travel to Canada.

Exemption from work permit requirement

Foreign nationals working as crew members of ships in Canada do not require a work permit, provided that the ship on which they are employed, or are to join, is of foreign registry and is engaged in international transportation or other activities. Crew members may not, however, work aboard vessels which require coasting trade licences or perform dockside functions such as the loading or unloading of cargo, without a work permit. Foreign nationals working as crew members aboard any ship of Canadian registry (e.g. fishing vessel, research vessel or pleasure yacht) require a work permit. For more information see Section 5, Crew Members.

2.10 Adults travelling with children

Our Missing Children Program

The abduction of children by parents and other persons without legal custody is a growing concern which the international community is now addressing under the auspices of the United Nations. The Our Missing Children Program is the result of a partnership between the Royal Canadian Mounted Police, the Canada Border Services Agency, Foreign Affairs and International Trade Canada and the Department of Justice Canada. The program's mandate is to recover missing and abducted children and return them to their legal guardians. Further information is available at: www.ourmissingchildren.gc.ca.

Travel document and visa requirements

Minor children (children under the age of 18) are subject to the same travel document and visa requirements as adults.

Minor children travelling alone or with persons other than both parents

A child under the age of 18 travelling alone, or with persons other than both parents, should be in possession of a letter from the absent parent(s)/legal guardian containing:

• authorization for the child to travel with another person and to be outside the country;
• the name and telephone number of the parents/guardian; and
• the destination and length of stay in Canada.

Adoptive parents, legal guardians or persons separated or divorced are advised to keep legal and other relevant documents available in order to clarify custody rights.

Suspected abduction

If you suspect child abduction, you should establish whether or not the travellers have such a letter. If an adult claims to be a parent with legal custody, ask him or her to produce a copy of a separation or divorce agreement, or a custody order.

To verify whether or not a child has been listed with the RCMP National Missing Children Services, check with the local Canadian mission or the RCMP National Missing Children Services, open 24 hours a day, at 613-993-1525 or toll-free at 1-877-318-3576. Police authorities in the country of embarkation may also be able to provide assistance in this regard.

2.11 Unreliable Travel Documents

The Immigration and Refugee Protection Regulations allows for the designation, individually or by class, of passports or travel or identity documents that do not constitute reliable proof of identity or nationality [ 34 ]. You can visit www.cic.gc.ca for a list of unreliable travel documents that are unacceptable for travel to Canada. This list is subject to change. Check it regularly for up-to-date information.

3. Examining Documents

When examining documents presented by a person for travel to Canada, check them carefully to determine that they are:

• genuine and unaltered;
• valid (not expired); and
• being used by the rightful holder (the photograph and personal details are those of the person in front of you).

3.1 Seven steps to examining a passport

These easy-to-follow steps may help you to establish the authenticity of a travel document.

Step 1: Examine the cover

• Is the document from an actual country or one that does not exist?
• Are the printing, coat of arms and cover material of high quality?

Step 2: Examine the binding

• Are the cover and passport pages properly aligned both at the cover and the edge of the passport?
• Is the binding consistent and tight?

Step 3: Count the pages

• The passport generally states how many pages it contains. Count them. They should all be there and in sequence.
• The colours and page number positions should be consistent from page to page.
• Perforated passport numbers should line up perfectly. Laser perforations will decrease in size with the largest holes at the beginning of the document and the smallest holes at the end.

Step 4: Assess the quality of the paper

• Watermarks should be visible only when examining a single passport page through transmitted light. They should not be visible when the page lies against the other passport pages.
• Look for ultraviolet features such as ink fluorescence and security threads on all pages of the document.

Step 5: Assess the quality of the printing

• Check for malformations, breaks or merging of letters.

Step 6: Biographical data page

• Make sure the physical description matches the individual presenting the document. Pay particular attention to age, height and eye colour.
• Check the expiry date for validity and examine the date for alterations.
• Examine any optically variable devices such as metal patches displaying movement and optically variable ink for colour change.
• Spelling should be accurate. Counterfeit documents often have spelling errors.

Step 7: Examine the photograph

• Does the picture match the person in front of you? (See also Section 3.3 Identifying impostors.)
• Check for signs of disturbance around the photo (especially where the photo is closest to the edge of the passport). The photo should be evenly trimmed and should not have scissor cuts around the edges.
• If the photo is a digital image, make sure the image is of high quality and has good definition.
• Do the stamps or dry seals on the picture show any signs of irregularity, such as badly matched lines or lettering, or differences in ink colour on the portion of the stamp that overlaps the photo?

3.2 Visa examination

When examining a passport, you should also look for a temporary resident visa if one is required (see www.cic.gc.ca for lists of countries and territories whose citizens require a temporary resident visa).

Here are a few steps that will help establish the authenticity of a temporary resident visa.

• Check the name on the visa and make sure it matches the name on the passport. A different name indicates that the visa has been removed from another passport.
• Ensure the temporary resident visa is still valid and has not expired.
• Verify whether the temporary resident visa is for a single entry or multiple entry. If it is a single entry, ensure it has not already been used for travel. A diagonal line drawn across the visa indicates that the visa has already been used; you can also check the passport for a stamp indicating a date of entry to Canada that is between the date the visa was issued and the date it expires.
• Look for signs of tampering such as tears in the paper or smudges in the ink, specifically around the passport number and the name areas.
• Quick check of security features:
  • Kinegram OVD: fine details and colour shifting;
  • Die cutting/shatter cuts: A maple leaf out on the left edge;
  • Intaglio printing: “feel of steel” over the words Canada and Visa;
  • Latent image: Hidden design/text within Intaglio;
  • Exploding font/growing numbers on the right edge.

3.3 Identifying impostors

An impostor is someone who carries genuine, unaltered documents that belong to someone else. If you suspect a person is an impostor, take the following steps.

• Examine the document in the presence of the holder.
• Divide the face into segments: eyes, ears, mouth, nose, shape of the face (jaw line) and any distinguishing features.
• Compare each of the person's features with the photo of the document. Check distances between mouth and nose, nose and chin, and the alignment of the eyes to ears and mouth to ears.

Remember that hair and weight can change over time and are not reliable for impostor identification.

4. Immigration Processes at the Port of Entry

4.1 Requirement to present passengers for examination

Every person seeking to enter Canada must appear before a Canadian border services officer for examination. [ 35 ] Transporters must present all persons they carry to Canada for examination and hold them until the examination is completed. [ 36 ]

4.2 Disembarkation checks – commercial air transporters

Disembarkation checks are conducted on selected flights to identify persons who may have disposed of their travel documents prior to or during the flight. The disembarkation check takes place upon arrival at the port of entry. Persons aboard may be asked to show their passports to a Canadian border services officer before disembarking, or they may be met at the gate. An officer has authority to board and inspect a vehicle and to examine and record documents carried by a person on board a vehicle. [ 37 ]

To minimize delays to the operations of commercial air transporters, Canadian border services officers carry out disembarkation checks as quickly as possible. Aircraft are selected for disembarkation checks according to the extent of undocumented arrivals on particular routes, and the availability of CBSA personnel at the port of entry. Port of entry managers have been asked to give advance notice to airlines so that passengers may be notified that they must produce their documentation at disembarkation. Commercial air transporters are requested to cooperate with CBSA personnel in this regard.

Why disembarkation checks are important?

High-quality, forged documents or altered, borrowed or stolen genuine documents are often returned to smugglers immediately prior to boarding or to couriers aboard the same aircraft. In other cases, documents are destroyed or hidden aboard the aircraft by persons wishing to conceal their identity, thereby facilitating fraudulent refugee claims and thwarting removal of these persons.

In addition to confirming the conveyance of undocumented or improperly documented passengers aboard a flight, disembarkation checks improve the chances of retrieving hidden documents and could lead to the apprehension of a courier travelling on the same aircraft.

4.3 Search and seizure

Canadian border services officers are authorized to conduct searches and seizures for the following purposes:

• to confirm the identity of persons seeking entry to Canada or to ensure compliance with the Act and Regulations;
• to seize documents and other articles that may be used for enforcing the Act and the Regulations, including evidence for prosecutions;
• to prevent the misuse of documents that were fraudulently or improperly obtained;
• to seize vehicles and assets that may have been used in relation to an immigration offence; and
• to return and dispose of items to the lawful owners.

Counterfeit or altered documents and documents not in the possession of the rightful holder that are found during searches are seized and taken out of circulation, thereby preventing their reuse by smugglers.

A Canadian border services officer may:

• board and inspect any means of transportation bringing persons to Canada;
• examine any person carried by that means of transportation and any record or document respecting that person;
• seize and remove any record or document to obtain copies or extracts; and
• hold the means of transportation until the inspection and examination are completed. [ 38 ]

Canadian border services officers are authorized to search any person seeking to come into Canada as well as their luggage, personal effects and the means of transportation if the officer has reasonable grounds to believe that the person:

• has not revealed his/her identity or has hidden documents relevant to his/her admissibility; or
• has committed, or possesses documents that may be used in the commission of, an offence in relation to smuggling and trafficking in persons or other contravention of the Act. [ 39 ]

A Canadian border services officer may seize and hold any means of transportation, document or other thing if the officer has reasonable grounds to believe:

• it was fraudulently or improperly obtained or used;
• seizure is necessary to prevent its fraudulent or improper use; or
• the seizure is necessary to carry out the purposes of the Act. [ 40 ]

5. Crew Members

Foreign nationals entering Canada as crew members, or to become members of a crew, must join the vessel or other means of transportation within the period imposed or, if no period is imposed, within 48 hours. Crew members must leave Canada within 72 hours after ceasing to be crew members. [ 41 ]

Refer to Section 2.9, Document exemptions for crew members, for details regarding passport, visa and work permit exemptions for crew members.

5.1 Notification requirements

A transporter must immediately notify a Canadian border services officer at the nearest port of entry when a foreign national granted entry as, or to become, a crew member fails to become or ceases to be a crew member. This information must be provided in writing at the request of an officer. [ 42 ] Persons cease to be members of a crew if:

• they have deserted or an officer has reasonable grounds to believe that they have deserted;
• they have been hospitalized and have failed to return to the vehicle or to leave Canada within 72 hours after leaving the hospital; or
• they have been discharged or are otherwise unable or unwilling to perform their duties as a member of a crew and failed to leave Canada with 72 hours after the discharge or after they first became unable or unwilling to perform their duties. [ 43 ]

Deserting crew members

Whenever a crew member deserts or fails to join a vehicle as required, the transporter must notify a Canadian border services officer without delay. [ 44 ] The transporter must not wait until the vehicle is about to leave Canada before doing so. The transporter must provide all information requested by a Canadian border services officer for immigration enforcement action.

Hospitalized crew members

A transporter is required to notify a Canadian border services officer when any crew member ceases to be a crew member. Crew members who are hospitalized have 72 hours after their release from hospital to return to their vessel or leave Canada. They maintain their temporary resident status during this interval.

Discharged crew members

The discharge of a foreign crew member does not require the approval of a Canadian border services officer. However, the transporter must immediately notify a Canadian border services officer when a crew member (who is neither a Canadian citizen nor a permanent resident) is discharged or is otherwise unable or unwilling to perform his/her duties. The transporter must also immediately notify a Canadian border services officer if the discharged crew member fails to leave Canada within 72 hours after discharge.

5.2 Financial liability for crew members

Transporters are liable for all costs related to the departure and removal of their crew members from Canada [ 45 ] regardless of the circumstances. They are also liable for the costs of all medical treatment administered in Canada. [ 46 ] If a crew member remains in Canada illegally after ceasing to be, or failing to become, a crew member, the transporter is liable to pay an administration fee. [ 47 ]

6. Marine Sector Requirements

6.1 Crew lists from foreign-registered vessels

When a vessel of foreign registry arrives at its first port of call in Canada, the transporter must provide a Canadian border services officer at the nearest port of entry with a list of all members of the crew. [ 48 ] A copy of this list must be maintained on board the vessel at all times while it remains in Canada. This list must be provided to a Canadian border services officer before the vessel departs from the last port of call in Canada and must include any changes made while the vessel was in Canada.

Crew lists may be presented on Form IMO FAL 5 produced by the International Maritime Organization or on any comparable computer-generated form.

Persons to be named on the crew list of foreign-registered vessels

The names of all persons employed on the vessel to perform duties related to the operation of the vessel or the provision of services to passengers must be reported on the crew list.

On a cargo ship, crew members include:

• licensed officers: master, first officer, chief officer or chief mate, first engineer or chief engineer and subordinate officers and engineers; and
• non-licensed crew: ordinary seamen, able-bodied seamen, bosun (deck crew foreman), engine-room crew (oilers and fitters) and kitchen and mess-room staff (cooks, stewards and mess-men).

On a cruise ship, crew members also commonly include the hotel manager, cruise director, purser, medical staff, managers and staff of the ship's bars, restaurants, boutiques and casino, house-cleaning staff and entertainers.

On a fishing vessel, crew members include all persons involved in the processing of the catch.

On a research vessel, all persons employed aboard such as scientists, technicians and divers are considered to be members of the crew.

Persons not to be named on the crew list

Please note that the following list is not exhaustive. The definition of a crew member does not include persons in the following categories:

• supernumeraries: spouses, children and other dependants of crew members;
• fare-paying passengers on cargo ships;
• workaways: passengers provided with transportation aboard a vessel in exchange for work performed during the voyage;
• foreign contractors and shipping company technicians: foreign nationals temporarily assigned to a vessel for the sole purpose of making repairs; they may already be aboard the vessel when it arrives or they may arrive at a port of entry with the intention of proceeding to the vessel;
• shipping company superintendents, including persons referred to as supercargo, superintendent engineers or port captains;
• employees or executives of a marine transportation company who travel aboard or who visit ships to monitor or supervise operations such as maintenance and repairs, preparation of cargo holds, preparation for inspection and the loading or unloading of cargo;
• insurance company representatives who travel on vessels to familiarize themselves with shipboard operations on behalf of shipowners' insurers; and
• meteorological officers: persons monitoring weather patterns whose presence aboard is unrelated to the navigation of the vessel.

Persons who are not considered members of the crew are subject to normal passport and visa requirements. Even if non-crew members do not intend to go ashore while the vessel is in port, they are still required to comply with applicable visa and passport requirements.

6.2 Crew lists when a Canadian border services officer does not board

Due to selective boarding procedures, Canadian border services officers may not board all vessels on arrival. If officers do not board, the transporter or ship's agent must deliver the crew list to the nearest CBSA office immediately after the vessel's arrival. In some circumstances an officer may allow for the list to be transmitted electronically (e.g. when a vessel arrives at a port which is not a port of entry). If the transporter sends the list by facsimile, the Canadian border services officer who receives it should send an endorsed copy by facsimile to the ship's agent for presentation at the time of the vessel's departure from Canada.

6.3 Crew members on ships of Canadian registry

Crew members aboard ships of Canadian registry are not required to appear for examination before an officer at a maritime port of entry, provided that they are Canadian citizens or permanent residents. The transporter of a ship of Canadian registry need not present a crew list unless specifically requested to do so.

The transporter must notify a Canadian border services officer of the arrival of crew members who are not Canadian citizens and permanent residents. These crew members will require work permits. If a Canadian-registered vessel is converted to foreign registry while in Canada and subsequently leaves Canada, a crew list is not required before its departure.

6.4 Examination of passengers and crew

The transporter must provide a place on board the vessel that is suitable for the examination of passengers and/or crew members. [ 49 ] If a person eludes examination, the transporter is liable for an administration fee. [ 50 ]

6.5 Stowaways

Upon arrival at its first port of call in Canada, the transporter of the vessel must notify a Canadian border services officer at the nearest port of entry of the presence on board of any stowaways. The transporter of the vessel must immediately provide a written report on the stowaway if so requested by an officer. [ 51 ]

Notice is not required if the vessel is in transit through Canada to a port in the United States. The transporter of a ship in transit to the United States is prohibited from diverting the vessel to a Canadian port of entry for the sole purpose of disembarking stowaways in Canada.

Vessels carrying stowaways will be boarded by Canadian border services officers as soon as possible after docking. Vessels arriving after regular office hours or on weekends may not be boarded until the following business day. The transporter of a vehicle must hold the stowaway in custody until the stowaway is presented to an officer, or until the vessel has left Canada if the stowaway is not seeking entry.

Stowaways not seeking entry to Canada, or allowed to withdraw their application to enter Canada, must remain aboard until the vessel has left Canada.

A shipping company may request permission to repatriate a stowaway by air, particularly if the ship is not scheduled to return to the stowaway's country of embarkation or citizenship. A Canadian border services officer may agree to this if the following conditions apply:

• the stowaway is in possession of a passport or travel document and any requisite transit visas;
• the shipping company has obtained a confirmed seat reservation for the stowaway on the first available flight to the country which issued the passport or travel document;
• the transporter agrees to provide any escorts which an officer feels may be required;
• the company arranges transportation to the airport from the ship. If a removal order has been made against the stowaway, transportation to the airport may be provided by the CBSA; and
• the officer is satisfied that the stowaway will depart Canada voluntarily.

If the officer is so satisfied, the stowaway may be allowed to withdraw his/her application to enter Canada. In such cases the stowaway must be escorted to the airport and departure confirmed by a Canadian border services officer.

A transporter that allows a stowaway to disembark at a place other than a designated port of entry, such as a seaway lock, may be subject to prosecution [ 52 ] in addition to the usual financial liabilities (security deposits, administration fees and removal costs).

7. Support to Transporters

This guide is one of several CBSA initiatives to help transporters meet their obligations under the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations.

This section outlines the other types of support offered by the CBSA.

7.1 Advice and training available overseas

Overseas, the point of contact is the closest Canadian mission. CBSA Liaison Officers (LOs) are specially trained officers stationed at selected embassies and consulates around the world. They are mandated to gather information on illegal migration trends in their area and to provide support and assistance to transporters.

This support may include training transporter staff directly responsible for document screening, responding to transporter inquiries on problem situations, and providing advice to boarding agents at airports. A list of CBSA LO telephone numbers, facsimile numbers and areas of responsibility can be found in Appendix IV.

The CBSA offers training and assistance to transporter personnel concerning Canadian document requirements, document screening, fraud detection, security measures (shipping) and the use of technical aids, such as ultraviolet lights. Requests for training should be addressed to the appropriate CBSA LO.

7.2 Intelligence information and trend analysis

The CBSA tries to keep transporters informed of the latest smuggling activities. Transporters are encouraged to contribute intelligence data by reporting all confirmed interceptions, either to the CBSA or another contact person at a Canadian embassy or consulate abroad.

7.3 Commercial airline Memoranda of Understanding

A commercial airline that agrees to implement effective and ongoing document screening procedures may benefit from reduced administration fees. This is accomplished through a Memorandum of Understanding (MOU). An MOU is an agreement between the commercial airline and the CBSA. The Immigration and Refugee Protection Regulations list the elements that must be included in the MOU. [ 53 ]

Both parties agree to certain undertakings that are designed to enhance the effectiveness of document screening. For example, commercial transporters are required to use trained personnel to screen documents, while the CBSA undertakes to provide appropriate training to enable them to do so effectively.

Commercial airlines are also required to perform a secondary examination of documents, known as a gate check. This ensures that the documents are still in the person's possession upon boarding the vehicle and have not already been returned to a smuggler for “recycling.”

Commercial airlines also agree to establish formal reporting procedures in order that each intercepted person identified and prevented from boarding is reported to the CBSA, and may utilize the proposed intercept report template for this purpose (see Appendix II, item 9).

The administration fees assessed against commercial airlines that remain in compliance with the terms of the MOU may be reduced from 25 percent to 100 percent, depending on the commercial airline's degree of success in attaining specific performance standards established by the MOU.

Appendix I – Sample Documents and Stamps

1. (a) Canadian passport (new version)

Introduced in March 2010. The maximum validity is five years, not renewable.

Children can no longer be included in parent's passport. Since December 11, 2001, passports are issued for one person only.

New colours of Optically Variable Ink, addition of laser perforated number, new bio page design. Same Cover, watermark, personalization technique and holographic laminate.

1. (b) Canadian passport (old version)

Introduced on May 28, 2002.

New cover, bar-coded serial number, digitized photo.

1. (c) Canadian special passport

1. (d) Canadian diplomatic passport

1. (e) Canadian temporary passport

Introduced on October 31, 2005.

This 8-page passport has a white front and back cover with a minimum validity of six months up to a maximum validity of one year. It is not extendable past one year and does not replace the one-page emergency travel document.

1. (f) Canadian Emergency Travel Document

Issued by a Canadian government offices abroad to Canadian citizens to facilitate a single return journey to Canada.

2. Canadian travel document (refugee travel document)

Issued to Convention refugees who are unable to obtain a passport from their country of nationality.

3. Canadian certificate of identity

Issued to permanent residents of Canada who are unable to obtain a passport from their country of nationality.

4. (a) New Canadian Permanent Resident Card

This document is mandatory for travel to Canada by permanent residents.

Introduced on August 24, 2009. New secondary image in clear window, optically variable ink and optically variable device.

4. (b) Canadian Permanent Resident Card (previous version)

This document is mandatory for travel to Canada by permanent residents.

5. (a) Single journey travel document

Issued by a Canadian consulate or embassy to permanent residents or temporary resident permit holders under limited and exceptional circumstances to facilitate a single journey to Canada.

5. (b) Single journey document for resettlement to Canada

Issued by Canadian authorities abroad to foreign nationals whom refugee protection is conferred to facilitate their initial trip to Canada.

6. Temporary Resident Permit

A Canadian permit to enter or remain in Canada. It authorizes a person to come into Canada within a period of validity provided it has been issued prior to April 30, 2005, and indicates "AUTHORIZED TO LEAVE AND RE-ENTER."

7. Canadian visa

Began issuing this version of visa counterfoil on April 1, 2012. This enhanced counterfoil contains additional security features and no longer contains a security seal.

"B" Series Counterfoil

This version must have an issue date prior to April 1, 2012 and will be in circulation up to 10 years, until March 31, 2022.

Acceptance

The Office of Protocol of Foreign Affairs and International Trade Canada issues Acceptance counterfoils to accredited foreign representatives and eligible members of the family forming part of their household.

8. (a) U.S. e-passport (new version)

8. (b) U.S. passport

8. (c) U.S. passport (old version)

8. (d) U.S. passport card

The U.S. passport card is proof of U.S. citizenship for the purpose of travel to Canada, however it is limited for travel by land and marine only. The card is not valid for travel by air.

Introduced in April 2010:

Previous version:

9. Permit to re-enter the United States

Issued to resident aliens who do not have a passport of their nationality.

10. U.S. refugee travel document

Holder requires a visa to enter Canada if a person is a national of a country that requires one.

11. U.S. Permanent Resident Card

Indicates permanent resident status in the United States. Holders do not require a passport or temporary resident visa when travelling directly from the United States to Canada.

New Version:

Introduced on May 10, 2010.

New optically variable ink, tactile features and optical stripe on back.

Previous version:

Remains valid until expiration date.

12. (a) I-551 machine-readable immigrant visa (MRIV)

Indicates permanent resident status in the United States when bearing the statement: "UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR" directly above the machine-readable zone, when contained in an unexpired passport and endorsed with an admission stamp, constitutes a temporary I-551, valid for one year from the date of endorsement on the admission stamp.

U.S. Admission Stamp

12. (b) U.S. Immigration I-551 stamp

Indicates permanent resident status in the United States (in holder's passport or Form I-94). Used as proof of residence until a permanent resident card is received, provided that the “valid until” date has not expired.

New Version

Old Version

13. U.S. Visitor Visa

14. NEXUS Card

Citizens and permanent residents of Canada and U.S. holding a valid NEXUS card can travel between Canada and the USA:

• By air: if they are travelling at a designated participating international airports;
• at land borders: using designated NEXUS lanes; and
• at marine borders: reporting to border officials by phone in advance of your arrival in the marine mode of transportation.

Valid NEXUS cards may be used as proof of identity and as a document which denotes citizenship when NEXUS members, who are Canadian or U.S. citizens only, enter Canada.

NEXUS members travelling to Canada from outside the U.S. must also carry documents to confirm their identity and status in addition to their NEXUS membership card.

15. Secure Certificate of Indian Status Card

Introduced December 15, 2009.

Laser engraving with tactile features, secondary ghost image in clear window, Machine Readable Zone (MRZ).

The MRZ Secure Certificate of Indian Status is an acceptable document to present when visiting the United States by land and marine only.

Appendix II – Sample Documents and Forms

1. Electronic notification

Preliminary Notification of the Carriage of an Improperly Documented Foreign National
To :	Attn: Ms. Great Big Airline (613-527-1234)
Port of Entry	Beaver Creek Airport
Carrier	Cosmos Tourama
Flight	AX345
Date of Arrival	2002-5-20
Last Point of Embarkation	Paris Charles de Gaulle//France
File Number	66354002
Surname	Pierce
Given Name	Dixon
Gender	M
Citizenship	Athabaskan
Alias 1	Anne Bunton
Alias 2
Passport Nationality
Passport Number	1234567890
Passport on arrival	No
Nature of Fraud	N/A
Transportation Violation	No Documents

2. Violation code table

3. Notice of Assessment

4. BSF575, Receipt for Prescribed Document under R260

5. BSF453, Confirmation by Transporter Regarding Passenger(s) Carried

6. BSF577, Official Receipt – Cash Security Deposited by a Transporter

7. IMM5266, Notice of Detention or Seizure of Vehicle or Prescribed Good

8. Formulaire BSF502, Notice to transporter

9. Intercept Report Template

Appendix III – Definitions

The following definitions apply under the Immigration and Refugee Protection Regulations.

Administration fee – an amount that represents a portion of the total average costs incurred by Her Majesty in right of Canada in respect of foreign nationals referred to in Subsection 279(1) of the Regulations, including costs related to:

• examinations;
• detention;
• investigations and admissibility hearings in respect of inadmissible foreign nationals;
• fingerprinting, photographing and verification of documents with other governments and national or international police agencies;
• translation and interpretation services; and
• proceedings before the Immigration Division.

Agent – for the purposes of section 148 of the Act, any person in Canada who provides services as a representative of a vehicle owner, a vehicle operator or a charterer; and for the purposes of paragraph 148(1)(d) of the Act, in addition to the person referred to above, a travel agent, a charterer and an operator or owner of a reservation system.

Commercial transporter – transporter that operates a commercial vehicle.

Commercial vehicle – a vehicle that is used by a commercial transporter for commercial purposes.

In-transit passenger – a person who arrives by aircraft at a Canadian airport from any country for the sole purpose of reboarding their flight or boarding a connecting flight departing from that airport to a country other than Canada.

In-transit preclearance passenger – in-transit passenger who is subject to a preclearance procedure in accordance with the Preclearance Act.

Member of a crew – a person who is employed on a means of transportation to perform duties during a voyage or trip, or while in port, related to the operation of the means of transportation or the provision of services to passengers or to other members of the crew, but does not include:

• any person whose fare is waived in exchange for work to be performed during the voyage or trip;
• any person who performs maintenance or repairs under a service contract with a transporter during the voyage or trip or while the means of transportation is in Canada; or
• any other person who is on board the means of transportation for a purpose other than to perform duties that relate to the operation of the means of transportation or to provide services to passengers or other members of the crew.

Sterile transit area – an area in an airport where in-transit passengers, in-transit preclearance passengers or goods that are in transit or precontrolled are physically separated from other passengers and goods.

Transporter – a person who owns, operates, charters or manages a vehicle or a fleet of vehicles and an agent for that person; a person who owns or operates an international tunnel or bridge and an agent for that person; or a designated airport authority within the meaning of Subsection 2(1) of the Airport Transfer (Miscellaneous Matters) Act and an agent for that authority.

Vehicle – a means of transportation that may be used for transportation by water, land or air.

Vessel – a vessel within the meaning of section 2 of the Canada Shipping Act, 2001.

Appendix IV – CBSA Liaison Officers (LOs) Located Abroad

Notes

1. Canada's IRPA, passed in 2001, is crafted as framework legislation. Under section 150 of the Act, the Government of Canada is granted the authority to make regulations that define the obligations of transporters, both private and commercial. These regulations are contained in the IRPR, 2002. [Return to text]
2. Paragraph 148(1)(a) of the IRPA. [Return to text]
3. Subsection 279(1) of the IRPR. [Return to text]
4. Paragraph 148(1)(b) of the IRPA. [Return to text]
5. Subsection 260(1) of the IRPR. [Return to text]
6. Paragraph 148(1)(b) of the IRPA. [Return to text]
7. Section 23 of the IRPA. [Return to text]
8. Subsection 261(1) of the IRPR. [Return to text]
9. Subsection 261(2) of the IRPR. [Return to text]
10. Paragraph 148(1)(e) of the IRPA. [Return to text]
11. Section 271 of the IRPR. [Return to text]
12. Subsection 273(1) of the IRPR. [Return to text]
13. Subsection 273(2) of the IRPR. [Return to text]
14. Section 277 of the IRPR. [Return to text]
15. Section 264 of the IRPR. [Return to text]
16. Subsection 269(1) of the IRPR. [Return to text]
17. Subsection 269(2) of the IRPR. [Return to text]
18. Section 283 of the IRPR. [Return to text]
19. Section 285 of the IRPR. [Return to text]
20. Subsection 287(1) of the IRPR. [Return to text]
21. Subsection 287(2) of the IRPR. [Return to text]
22. Subsection 279(1) of the IRPR. [Return to text]
23. Subsection 279(2) of the IRPR. [Return to text]
24. Subsection 281(1) of the IRPR. [Return to text]
25. Subsection 282(3) of the IRPR. [Return to text]
26. Section 278 of the IRPR. [Return to text]
27. Subsection 263(1) of the IRPR. [Return to text]
28. Subsection 263(2) of the IRPR. [Return to text]
29. Subsection 279(1) of the IRPR. [Return to text]
30. Subsections 50(1) and 50(2) of the IRPR. [Return to text]
31. Subsection 52(2) of the IRPR. [Return to text]
32. Paragraph 52(2)(d) of the IRPR. [Return to text]
33. Paragraph 52(2)(c) of the IRPR. [Return to text]
34. Section 50.1 of the IRPR. [Return to text]
35. Section 18 of the IRPR. [Return to text]
36. Paragraph 148(1)(b) of the IRPR. [Return to text]
37. Subsection 15(3) of the IRPR. [Return to text]
38. Subsection 15(3) of the IRPR. [Return to text]
39. Subsection 139(1) of the IRPR. [Return to text]
40. Subsection 140(1) of the IRPR. [Return to text]
41. Section 184 of the IRPR. [Return to text]
42. Section 268 of the IRPR. [Return to text]
43. Paragraph 3(1)(b) of the IRPR. [Return to text]
44. Paragraph 268(2) of the IRPR. [Return to text]
45. Section 278 of the IRPR. [Return to text]
46. Subsection 263(1) of the IRPR. [Return to text]
47. Paragraph 279(1)(e) of the IRPR. [Return to text]
48. Section 265 of the IRPR. [Return to text]
49. Section 272 of the IRPR. [Return to text]
50. Paragraph 279(1)(d) of the IRPR. [Return to text]
51. Section 262 of the IRPR. [Return to text]
52. Paragraph 124(1)(a) of the IRPR. [Return to text]
53. Subsection 280(3) of the IRPR. [Return to text]

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