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Last verified: June 2026 · Source: justice.gc.ca← Back to Law Explorer
IRPRPART 17 TransportationDIVISION 2 Specified Removal Order
r.261

Obligation to hold a person

Transportation
🍁 In Simple Terms

A carrier's duty to hold a passenger ends at exactly three moments: an officer says the examination is finished, the person is authorized to enter Canada, or the person is taken into custody under Canadian law. Until one of those happens, the passenger stays the carrier's responsibility. If someone leaves or tries to leave the vehicle for any other reason, the carrier has to tell an officer immediately.

Affects: Foreign nationals and permanent residents in Canada
Legal Text: IRPR Regulation 261

(1)For the purposes of paragraph 148(1)(b) of the Act, a transporter has complied with the obligation to hold a person until the examination is completed when (a)an officer informs the transporter that the examination of the person is completed; (b)the person is authorized to enter Canada under section 23 of the Act; or (c)the person is detained under any Canadian law.

Notification

(2)A transporter must notify an officer without delay if a person whose examination has not been completed leaves or attempts to leave the transporter’s vehicle for any other purpose than examination.

IRPA Authority
In Practice
Official Source: Justice Canada: IRPR r. 261 (authoritative, may differ from this display)
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