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.
(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.
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