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

Act current to 2014-07-22 and last amended on 2014-06-19. Previous Versions

Marginal note:Void — permanent residence

 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
  •  (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.

Regulations

Marginal note:Regulations

 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;

  • (a.1) the form and manner in which an application to renounce permanent resident status must be made and the conditions that must be met before such an application may be approved;

  • (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, including the consideration of factors in the determination of when enforcement is possible;

  • (f) the effect of a record suspension 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.

  • 2001, c. 27, s. 53;
  • 2012, c. 1, s. 150, c. 17, s. 22;
  • 2013, c. 16, s. 21.

Division 6Detention and Release

Marginal note:Immigration Division

 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
  •  (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, for an admissibility hearing, for removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2).

  • 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.

  • 2001, c. 27, s. 55;
  • 2012, c. 17, s. 23.