Return of Seized Items and Holding Facilities

Summary#

These are final changes to the Immigration and Refugee Protection Regulations that clarify how seized items can be returned and what holding/examination facilities transporters must provide. The changes came into force on June 12, 2026.

What it does#

• Changes wording in subsection 254(4) and subsection 255(4) so an applicant seeking return of a seized item must now “make written submissions” rather than “demonstrate” certain facts. The written submissions must explain:
  • why it is no longer necessary to hold the item to prevent its improper or fraudulent use, and
  • why the applicant was entitled to (or was the lawful owner of) the item at the time of seizure and remains entitled to it.
• Replaces section 257 with three clear parts:
  • the decision on a return application must be given in writing and provided to the applicant as soon as feasible;
  • if the decision is to return the item, it must be returned without delay; and
  • a decision sent by mail is treated as provided on the seventh day after mailing.
• Replaces subsection 271(1) to say a commercial transporter (including those who operate an airport or an international bridge or tunnel) must provide and maintain, free of charge, facilities adequate for holding and examining people being carried to Canada. The French text of related provisions was also updated to match the English meaning.
• These edits were made after the Standing Joint Committee for the Scrutiny of Regulations flagged unclear wording and asked for clarification.

Who's affected#

• People who had items seized at the border or by immigration authorities and who want those items returned.
• Lawful owners of seized property or people claiming entitlement to seized items.
• Transport companies and operators that bring people into Canada, including those who run airports and international bridges or tunnels, because they must provide suitable holding/examination facilities free of charge.
• The changes do not, according to the government analysis, create new costs for businesses or small business impacts.

Why it matters#

• It lowers the immediate burden on people asking for seized items back. They now need to submit a written explanation rather than prove a former condition no longer exists. That can make it easier to start the return process.
• It clarifies timing: officials must give written reasons, and returned items must be sent back without delay after a decision to return. That can speed up getting property back.
• It makes transporter responsibilities clearer by saying facilities must be provided free of charge and by aligning the English and French wording. This reduces ambiguity about who must pay and what “adequate” facilities mean.
• Overall, the changes are focused on clarity and timeliness rather than creating new rules or costs.