Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Marginal note:Stay

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.

Marginal note:Void — permanent residence

51. A removal order that has not been enforced becomes void if the foreign national becomes a permanent resident.

Marginal note:No return without prescribed authorization

• 52. (1) If a removal order has been enforced, the foreign national shall not return to Canada, unless authorized by an officer or in other prescribed circumstances.

• Marginal note:Return to Canada

  (2) If a removal order for which there is no right of appeal has been enforced and is subsequently set aside in a judicial review, the foreign national is entitled to return to Canada at the expense of the Minister.

Marginal note:Regulations

53. The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting

• (a) conditions that may or must be imposed, varied, or cancelled, individually or by class, on permanent residents and foreign nationals;

• (b) the circumstances in which a removal order shall be made or confirmed against a permanent resident or a foreign national;

• (c) the circumstances in which status may be restored;

• (d) the circumstances in which a removal order may be stayed, including a stay imposed by the Minister and a stay that is not expressly provided for by this Act;

• (e) the effect and enforcement of removal orders;

• (f) the effect of a pardon under the Criminal Records Act on the status of permanent residents and foreign nationals and removal orders made against them; and

• (g) the financial obligations that may be imposed with respect to a removal order.

Marginal note:Immigration Division

54. The Immigration Division is the competent Division of the Board with respect to the review of reasons for detention under this Division.

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 or for violating human or international rights.

• 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.