What that means

The standard bill is $3,200 for each inadmissible passenger. A carrier can pay less if it has signed a memorandum of understanding with the Minister, which is a written agreement on how it screens travellers. If it can show it follows that agreement, it pays $2,400. It can drop to $1,600, then $800, and even $0. Those lower rates depend on keeping its number of fee assessments at or under the limits the memorandum sets. The discount disappears in three cases. One is where the carrier had been told not to board that passenger. Another is where the person was the carrier's own crew. The third is where the passenger is someone prescribed under r.258.1. The memorandum covers document screening, staff training, technology and fraud prevention. It also covers gate checks and performance standards.

Affects: Foreign nationals and permanent residents in Canada

This is what the section says, not how it applies to any one case. An officer decides each case.

The law says

IRPR r. 280

Verify on justice.gc.ca

(1)Subject to subsection (2), the administration fee assessed under section 279 is $3,200.

Memorandum of understanding

(2)If a memorandum of understanding in accordance with subsection (3) is in effect between the commercial transporter and the Minister, the administration fee assessed is

(a)$3,200, if the commercial transporter does not demonstrate that it complies with the memorandum of understanding, if the commercial transporter carried to Canada a foreign national who is prescribed under section 258.1 or whom the commercial transporter has been directed under paragraph 148(1)(a) of the Act not to carry to Canada, or if the administration fee is assessed in respect of a member of the crew of the transporter;
(b)$2,400, if the commercial transporter demonstrates that it complies with the memorandum of understanding;
(c)$1,600, if the commercial transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 50%;
(d)$800, if the commercial transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 75%; and
(e)$0, if the commercial transporter demonstrates that it complies with the memorandum of understanding and has a number of administration fee assessments that is equal to or less than the number specified in the memorandum, for the period specified in the memorandum, for reducing the administration fee by 100%.

Content of memorandum of understanding

(3)A memorandum of understanding referred to in subsection (2) shall include provisions respecting

(a)document screening;
(b)the training of personnel in document screening;
(c)the use of technological aids;
(d)fraud prevention;
(e)gate checks;
(f)information exchange;
(g)performance standards and administration fee assessments;
(h)compliance monitoring of the provisions of the memorandum of understanding;
(i)holding documents under section 260;
(j)providing information referred to in subsections 269(1) and (2);
(k)stowaways; and
(l)security screening of members of a crew.

Provisions this one cites

IRPR r. 279
section 258.1
IRPR r. 260

IRPA Authority

IRPA s. 148

Amendment History (1)

SOR/2016-37, s. 12

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

r. 280 Administration fee

Provisions this one cites

IRPA Authority

Related regulations