Clarifying Seized-Item Returns and Holding Facilities

Summary#

These are final rules — SOR/2026-128 — that change parts of the Immigration and Refugee Protection Regulations (IRPR) to make some wording clearer about returning seized items and about holding/examination facilities at points of entry. The regulations came into force on June 12, 2026 and were published in the Canada Gazette on July 1, 2026.

What it does#

• Changes how someone asks for property taken at the border to be returned by replacing subsection 254(4) and subsection 255(4) so applicants must “make written submissions” instead of having to “demonstrate” the seizure is no longer needed to prevent improper or fraudulent use.
• Rewrites section 257 to split it into three short rules:
  • the decision on a return request must be given in writing and provided to the applicant as soon as feasible;
  • if the decision is to return the thing, it must be returned without delay;
  • a decision sent by mail is treated as received on the seventh day after mailing.
• Changes subsection 271(1) so a commercial transporter and a transporter that runs an airport or an international bridge/tunnel must provide and maintain holding and examination facilities “free of charge” (replacing the phrase “without cost to Her Majesty”) and removes the word “proper” to reduce duplication.
• Makes edits to the French text to align meanings in both official languages.

Who's affected#

• People whose possessions are seized at a Canadian border point (travellers, importers, and anyone applying to get seized items back).
• Commercial carriers, including companies that operate airports or international bridges and tunnels, because they must provide holding/examination facilities free of charge.
• Border processing staff who handle return requests and the physical return of items.
• It is unclear whether any other groups beyond those above will notice a direct effect.

Why it matters#

• It lowers a legal-formality hurdle for people asking for seized property back by requiring written submissions rather than proof that the seizure is no longer necessary. That can make it easier in practice to start the return process.
• It requires faster action when a decision orders a return — items must be returned “without delay,” which could speed up getting personal or business property back.
• It clarifies that transporters must provide facilities at no charge, which removes ambiguity about who pays for holding or exam spaces at entry points.
• The change mainly improves clarity and alignment between English and French texts; government analysis says it does not add costs for businesses.