Marginal note:Temporary resident
47. A foreign national loses temporary resident status
(a) at the end of the period for which they are authorized to remain in Canada;
(b) on a determination by an officer or the Immigration Division that they have failed to comply with any other requirement of this Act; or
(c) on cancellation of their temporary resident permit.
Enforcement of Removal Orders
Marginal note:Enforceable removal order
48. (1) A removal order is enforceable if it has come into force and is not stayed.
(2) If a removal order is enforceable, the foreign national against whom it was made must leave Canada immediately and the order must be enforced as soon as possible.
- 2001, c. 27, s. 48;
- 2012, c. 17, s. 20.
Marginal note:In force
49. (1) A removal order comes into force on the latest of the following dates:
(a) the day the removal order is made, if there is no right to appeal;
(b) the day the appeal period expires, if there is a right to appeal and no appeal is made; and
(c) the day of the final determination of the appeal, if an appeal is made.
Marginal note:In force — claimants
(2) Despite subsection (1), a removal order made with respect to a refugee protection claimant is conditional and comes into force on the latest of the following dates:
(a) the day the claim is determined to be ineligible only under paragraph 101(1)(e);
(b) in a case other than that set out in paragraph (a), seven days after the claim is determined to be ineligible;
(c) if the claim is rejected by the Refugee Protection Division, on the expiry of the time limit referred to in subsection 110(2.1) or, if an appeal is made, 15 days after notification by the Refugee Appeal Division that the claim is rejected;
(d) 15 days after notification that the claim is declared withdrawn or abandoned; and
(e) 15 days after proceedings are terminated as a result of notice under paragraph 104(1)(c) or (d).
- 2001, c. 27, s. 49;
- 2012, c. 17, s. 21.
50. A removal order is stayed
(a) if a decision that was made in a judicial proceeding — at which the Minister shall be given the opportunity to make submissions — would be directly contravened by the enforcement of the removal order;
(b) in the case of a foreign national sentenced to a term of imprisonment in Canada, until the sentence is completed;
(c) for the duration of a stay imposed by the Immigration Appeal Division or any other court of competent jurisdiction;
(d) for the duration of a stay under paragraph 114(1)(b); and
(e) for the duration of a stay imposed by the Minister.
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