Immigration and Refugee Protection Regulations (SOR/2002-227)

Marginal note:Entry permitted

39. An officer shall allow the following persons to enter Canada following an examination:

• (a) persons who have been returned to Canada as a result of a refusal of another country to allow them entry after they were removed from or otherwise left Canada after a removal order was made against them;

• (b) persons returning to Canada under a transfer order made under the Mutual Legal Assistance in Criminal Matters Act and who, immediately before being transferred to a foreign state under the transfer order, were subject to an unenforced removal order; and

• (c) persons who are in possession of refugee travel papers issued to them by the Minister of Foreign Affairs that are valid for return to Canada.

Marginal note:Direction to leave

• 40. (1) Except in the case of protected persons within the meaning of subsection 95(2) of the Act and refugee protection claimants, an officer who is unable to examine a person who is seeking to enter Canada at a port of entry shall, in writing, direct the person to leave Canada.

• Marginal note:Service

  (2) A copy of the direction shall be served on the person as well as on the owner or person in control of the means of transportation, if any, that brought the person to Canada.

• Marginal note:Ceasing to have effect

  (3) The direction ceases to have effect when the person appears again at a port of entry and an officer proceeds to examine the person.

Marginal note:Direct back

41. Unless an authorization has been given under section 23 of the Act, an officer who examines a foreign national who is seeking to enter Canada from the United States shall direct them to return temporarily to the United States if

• (a) no officer is able to complete an examination;

• (b) the Minister is not available to consider, under subsection 44(2) of the Act, a report prepared with respect to the person; or

• (c) an admissibility hearing cannot be held by the Immigration Division.

Marginal note:Withdrawing application

• 42. (1) Subject to subsection (2), an officer who examines a foreign national who is seeking to enter Canada and who has indicated that they want to withdraw their application to enter Canada shall allow the foreign national to withdraw their application and leave Canada.

• Marginal note:Exception — report

  (2) If a report is being prepared or has been prepared under subsection 44(1) of the Act in respect of a foreign national who indicates that they want to withdraw their application to enter Canada, the officer shall not allow the foreign national to withdraw their application or leave Canada unless the Minister does not make a removal order or refer the report to the Immigration Division for an admissibility hearing.

• Marginal note:Obligation to confirm departure

  (3) A foreign national who is allowed to withdraw their application to enter Canada must appear without delay before an officer at a port of entry to confirm their departure from Canada.