Regulation 279 — Assessment of administration fee

(1) Subject to subsection (2), an administration fee must be assessed against a commercial transporter in respect of any of the following foreign nationals it carried or caused to be carried to Canada:

(a) a foreign national who is inadmissible under section 41 of the Act for failing to meet the requirements of section 6, subsection 7(1), section 7.01 or 7.1 or subsection 50(1) or 52(1);

(b) 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;

(c) a foreign national who is exempt, under subsection 52(2), from the requirement to hold a passport or travel document but who fails to produce sufficient evidence of their identity;

(d) a foreign national who failed to appear for an examination on entry into Canada;

(e) a foreign national who entered Canada as a member of a crew or to become a member of a crew and is inadmissible; and

(f) a foreign national who is subject to a removal order, or is allowed under section 42 to withdraw their application to enter Canada, and who fails to leave Canada immediately.

(2) An administration fee shall not be assessed against a commercial transporter in respect of

(a) a person referred to in section 39;

(b) a foreign national who is prescribed under section 258.1 and in respect of whom notice under section 270 was not given before the foreign national was carried to Canada but who holds the necessary documents prescribed under section 259;

(c) a foreign national who does not hold an electronic travel authorization when one is required under section 7.01 or 7.1 and in respect of whom the Canada Border Services Agency did not give notice under section 270 to the commercial transporter before the foreign national was carried to Canada, but who holds one of the required prescribed documents set out in paragraphs 259(a) to (f); or

(d) a foreign national, other than a foreign national referred to in paragraph 190(3)(c), who seeks to enter Canada to obtain permanent residence and is inadmissible under paragraph 41(a) of the Act for failing to obtain a permanent resident visa as required under section 6, but who is exempted under Division 1 of Part 2 from the requirement to obtain an electronic travel authorization required under section 7.01 or 7.1 or exempted under Division 5 of Part 9 from the requirement to obtain a temporary resident visa.

(e) [Repealed, SOR/2016-37, s. 11]