Immigration and Refugee Protection Act

Marginal note:Arrest and detention with warrant

• 55 (1) An officer may issue a warrant for the arrest and detention of a permanent resident or a foreign national who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, an admissibility hearing or removal from Canada.

• Marginal note:Arrest and detention without warrant

  (2) An officer may, without a warrant, arrest and detain a foreign national, other than a protected person,

  • (a) who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2); or

  • (b) if the officer is not satisfied of the identity of the foreign national in the course of any procedure under this Act.

• Marginal note:Detention on entry

  (3) A permanent resident or a foreign national may, on entry into Canada, be detained if an officer

  • (a) considers it necessary to do so in order for the examination to be completed; or

  • (b) has reasonable grounds to suspect that the permanent resident or the foreign national is inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality.

• Marginal note:Mandatory arrest and detention — designated foreign national

  (3.1) If a designation is made under subsection 20.1(1), an officer must

  • (a) detain, on their entry into Canada, a foreign national who, as a result of the designation, is a designated foreign national and who is 16 years of age or older on the day of the arrival that is the subject of the designation; or

  • (b) arrest and detain without a warrant — or issue a warrant for the arrest and detention of — a foreign national who, after their entry into Canada, becomes a designated foreign national as a result of the designation and who was 16 years of age or older on the day of the arrival that is the subject of the designation.

• Marginal note:Notice

  (4) If a permanent resident or a foreign national is taken into detention, an officer shall without delay give notice to the Immigration Division.