Regulation 223 — Carriers — liability for removal costs
Text of provision
There are three types of removal orders, namely, departure orders, exclusion orders and deportation orders.
Plain English
Regulation 223 provides that a carrier who brings a foreign national to Canada without the required documents, or who brings a person who is refused entry, is liable for the costs of that person's removal from Canada, including transportation, accommodation, and meals during detention. The carrier is also liable for a fine per inadmissible passenger.
Practical effect
The carrier liability regime is why airlines carefully check passports, visas, and eTAs at check-in and boarding. The financial consequences — removal costs plus fines — are significant enough to justify the cost of document verification systems and training. This system has been criticised as effectively privatising border control and preventing legitimate refugees and asylum seekers from accessing air travel to reach Canada to make refugee claims. In practice, persons fleeing persecution often cannot obtain the travel documents required to board a plane to Canada without facing interception before reaching the border.