Regulation 283 — Security

(1) The Minister may, on the basis of the following factors, require a commercial transporter to provide security for compliance with its obligations under paragraphs 148(1)(a) to (g) of the Act:

(a) the frequency and regularity of arrival, or anticipated arrival, of the transporter’s vehicles carrying persons to Canada;

(b) the number of persons carried, or anticipated to be carried, to Canada aboard the transporter’s vehicles;

(c) whether the transporter has carried an inadmissible foreign national to Canada; and

(d) the anticipated risk of inadmissible foreign nationals being carried to Canada by the transporter.

(2) If the Minister requires security to be provided, the Minister shall determine the amount of security on the basis of the following factors:

(a) the commercial transporter’s record of compliance with the Act; and

(b) the anticipated risk of inadmissible foreign nationals being carried to Canada by the transporter and the estimated removal costs.

(3) A commercial transporter who is required to provide security must provide it in the form of a cash deposit unless

(a) the transporter has entered into a memorandum of understanding referred to in subsection 280(2) that provides for another form of security; and

(b) the transporter demonstrates that there is no significant risk of a debt not being paid if they were to provide another form of security.

(4) If the Minister determines on the basis of the factors set out in subsection (1) that security is no longer required, the Minister shall return the security to the commercial transporter.