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

Regulations are current to 2017-11-20 and last amended on 2017-10-24. Previous Versions

Marginal note:Departure order
  •  (1) For the purposes of subsection 52(1) of the Act, an enforced departure order is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • Marginal note:Requirement

    (2) A foreign national who is issued a departure order must meet the requirements set out in paragraphs 240(1)(a) to (c) within 30 days after the order becomes enforceable, failing which the departure order becomes a deportation order.

  • Marginal note:Exception — stay of removal and detention

    (3) If the foreign national is detained within the 30-day period or the removal order against them is stayed, the 30-day period is suspended until the foreign national’s release or the removal order becomes enforceable.

  • SOR/2011-126, s. 5.
Marginal note:Exclusion order
  •  (1) For the purposes of subsection 52(1) of the Act, and subject to subsections (3) and (4), an exclusion order obliges the foreign national to obtain a written authorization in order to return to Canada during the one-year period after the exclusion order was enforced.

  • Marginal note:Exception

    (2) For the purposes of subsection 52(1) of the Act, the expiry of a one-year period following the enforcement of an exclusion order, or a five-year period if subsection (3) applies, is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • Marginal note:Misrepresentation

    (3) A foreign national who is issued an exclusion order as a result of the application of paragraph 40(2)(a) of the Act must obtain a written authorization in order to return to Canada within the five-year period after the exclusion order was enforced.

  • Marginal note:Application of par. 42(1)(b) of the Act

    (4) For the purposes of subsection 52(1) of the Act, the making of an exclusion order against a foreign national on the basis of inadmissibility under paragraph 42(1)(b) of the Act is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • SOR/2011-126, s. 6;
  • SOR/2014-269, ss. 4, 7.
Marginal note:Deportation order
  •  (1) For the purposes of subsection 52(1) of the Act, and subject to subsection (2), a deportation order obliges the foreign national to obtain a written authorization in order to return to Canada at any time after the deportation order was enforced.

  • Marginal note:Application of par. 42(1)(b) of the Act

    (2) For the purposes of subsection 52(1) of the Act, the making of a deportation order against a foreign national on the basis of inadmissibility under paragraph 42(1)(b) of the Act is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • Marginal note:Removal order — certificate

    (3) For the purposes of subsection 52(1) of the Act, a removal order referred to in section 80 of the Act obliges the foreign national to obtain a written authorization in order to return to Canada at any time after the removal order was enforced.

  • SOR/2011-126, s. 7;
  • SOR/2014-269, s. 7;
  • SOR/2016-136, s. 5.
Marginal note:Report — family members
  •  (1) For the purposes of section 42 of the Act, a report prepared under subsection 44(1) of the Act against a foreign national is also a report against the foreign national’s family members in Canada.

  • Marginal note:Removal — family members

    (2) A removal order made by the Immigration Division against a foreign national is also a removal order against their family members in Canada to whom subsection (1) applies if

    • (a) an officer informed the family members of the report, that they are the subject of an admissibility hearing and of their right to make submissions and be represented, at their own expense, at the admissibility hearing; and

    • (b) the family members are subject to a decision of the Immigration Division that they are inadmissible under section 42 of the Act on grounds of the inadmissibility of the foreign national.

  • SOR/2016-136, s. 6(E).

DIVISION 2Specified Removal Order

Marginal note:Subsection 44(2) of the Act — foreign nationals
  •  (1) For the purposes of subsection 44(2) of the Act, and subject to subsections (3) and (4), if a report in respect of a foreign national does not include any grounds of inadmissibility other than those set out in the following circumstances, the report shall not be referred to the Immigration Division and any removal order made shall be

    • (a) if the foreign national is inadmissible under paragraph 36(1)(a) or (2)(a) of the Act on grounds of serious criminality or criminality, a deportation order;

    • (b) if the foreign national is inadmissible under paragraph 40(1)(c) of the Act on grounds of misrepresentation, a deportation order;

    • (b.1) if the foreign national is inadmissible under subsection 40.1(1) of the Act on grounds of the cessation of refugee protection, a departure order;

    • (c) if the foreign national is inadmissible under section 41 of the Act on grounds of

      • (i) failing to appear for further examination or an admissibility hearing under Part 1 of the Act, an exclusion order,

      • (ii) failing to obtain the authorization of an officer required by subsection 52(1) of the Act, a deportation order,

      • (iii) failing to establish that they hold the visa or other document as required under section 20 of the Act, an exclusion order,

      • (iv) failing to leave Canada by the end of the period authorized for their stay as required by subsection 29(2) of the Act, an exclusion order,

      • (v) failing to comply with subsection 29(2) of the Act as a result of non-compliance with any condition set out in section 184 or subsection 220.1(1), an exclusion order, or

      • (vi) failing to comply with the requirement under subsection 20(1.1) of the Act to not seek to enter or remain in Canada as a temporary resident while being the subject of a declaration made under subsection 22.1(1) of the Act, an exclusion order;

    • (d) subject to paragraph (e), if the foreign national is inadmissible under section 42 of the Act on grounds of an inadmissible family member, the same removal order as was made in respect of the inadmissible family member; and

    • (e) if the foreign national is inadmissible on grounds of an inadmissible family member in accordance with paragraph 42(2)(a) of the Act, a deportation order.

  • Marginal note:Subsection 44(2) of the Act — permanent residents

    (2) For the purposes of subsection 44(2) of the Act, if a removal order is made against a permanent resident who fails to comply with the residency obligation under section 28 of the Act, the order shall be a departure order.

  • Marginal note:Eligible claim for refugee protection

    (3) If a claim for refugee protection is made and the claim has been determined to be eligible to be referred to the Refugee Protection Division or no determination has been made, a departure order is the applicable removal order in the circumstances set out in any of subparagraphs (1)(c)(i) and (iii) to (v).

  • Marginal note:Reports in respect of certain foreign nationals

    (4) For the purposes of subsection (1), a report in respect of a foreign national does not include a report in respect of a foreign national who

    • (a) is under 18 years of age and not accompanied by a parent or an adult legally responsible for them; or

    • (b) is unable, in the opinion of the Minister, to appreciate the nature of the proceedings and is not accompanied by a parent or an adult legally responsible for them.

  • SOR/2004-167, s. 63;
  • SOR/2013-210, s. 4;
  • SOR/2014-14, s. 17;
  • SOR/2014-237, s. 1;
  • SOR/2014-269, s. 5.
Marginal note:Paragraph 45(d) of the Act — applicable removal order
  •  (1) For the purposes of paragraph 45(d) of the Act, the applicable removal order to be made by the Immigration Division against a person is

    • (a) a deportation order, if they are inadmissible under subsection 34(1) of the Act on security grounds;

    • (b) a deportation order, if they are inadmissible under subsection 35(1) of the Act on grounds of violating human or international rights;

    • (c) a deportation order, in the case of a permanent resident inadmissible under subsection 36(1) of the Act on grounds of serious criminality or a foreign national inadmissible under paragraph 36(1)(b) or (c) of the Act on grounds of serious criminality;

    • (d) a deportation order, if they are inadmissible under paragraph 36(2)(b), (c) or (d) of the Act on grounds of criminality;

    • (e) a deportation order, if they are inadmissible under subsection 37(1) of the Act on grounds of organized criminality;

    • (f) an exclusion order, if they are inadmissible under subsection 38(1) of the Act on health grounds, unless subsection (2) or (3) applies;

    • (g) an exclusion order, if they are inadmissible under section 39 of the Act for financial reasons, unless subsection (2) or (3) applies;

    • (h) an exclusion order, if they are inadmissible under paragraph 40(1)(a) or (b) of the Act for misrepresentation, unless subsection (3) applies;

    • (i) a deportation order, if they are inadmissible under paragraph 40(1)(d) of the Act for misrepresentation;

    • (j) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to comply with the requirement to appear for examination, unless subsection (2) or (3) applies;

    • (k) a departure order, if they are inadmissible under paragraph 41(b) of the Act;

    • (l) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to establish that they have come to Canada in order to establish permanent residence, unless subsection (3) applies;

    • (m) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to establish that they will leave Canada by the end of the period authorized for their stay, unless subsection (2) applies; and

    • (n) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for any other failure to comply with the Act, unless subsection (2) or (3) applies.

  • Marginal note:Eligible claim for refugee protection

    (2) If a claim for refugee protection is made and the claim has been determined to be eligible to be referred to the Refugee Protection Division or no determination has been made, a departure order is the applicable removal order in the circumstances set out in paragraph (1)(f), (g), (j), (m) or (n).

  • Marginal note:Exception

    (3) The applicable removal order in the circumstances set out in paragraph (1)(f), (g), (h), (j), (l) or (n) is a deportation order if the person

    • (a) was previously subject to a removal order and they are inadmissible on the same grounds as in that order;

    • (b) has failed to comply with any condition or obligation imposed under the Act or the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, unless the failure is the basis for the removal order; or

    • (c) has been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment or of two offences under any Act of Parliament not arising out of a single occurrence, unless the conviction or convictions are the grounds for the removal order.

  • Marginal note:Punishable by way of indictment

    (3.1) For the purposes of paragraph (3)(c), an offence that may be prosecuted either summarily or by way of indictment is deemed to be an offence punishable by way of indictment, even if it has been prosecuted summarily.

  • Marginal note:Section 228 circumstances

    (4) If the Immigration Division makes a removal order against a foreign national with respect to any grounds of inadmissibility that are circumstances set out in section 228, the Immigration Division shall make

    • (a) the removal order that would have been applicable under subsection 228(1) or (3) if the report had not been referred to the Immigration Division under subsection 44(2) of the Act; or

    • (b) in the case of a foreign national described in paragraph 228(4)(a) or (b), the removal order that would have been applicable under subsection 228(1) or (3) if the foreign national had not been described in that paragraph.

  • SOR/2004-167, s. 64;
  • SOR/2016-136, s. 7.
 
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