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

Regulations are current to 2014-06-12 and last amended on 2014-06-01. Previous Versions

Marginal note:Country of removal
  •  (1) If a removal order is enforced under section 239, the foreign national shall be removed to

    • (a) the country from which they came to Canada;

    • (b) the country in which they last permanently resided before coming to Canada;

    • (c) a country of which they are a national or citizen; or

    • (d) the country of their birth.

  • Marginal note:Removal to another country

    (2) If none of the countries referred to in subsection (1) is willing to authorize the foreign national to enter, the Minister shall select any country that will authorize entry within a reasonable time and shall remove the foreign national to that country.

  • Marginal note:Exception

    (3) Despite section 238 and subsection (1), the Minister shall remove a person who is subject to a removal order on the grounds of inadmissibility referred to in paragraph 35(1)(a) of the Act to a country that the Minister determines will authorize the person to enter.

Marginal note:Mutual Legal Assistance in Criminal Matters Act

 A person transferred under an order made under the Mutual Legal Assistance in Criminal Matters Act is not, for the purposes of paragraph 240(1)(d), a person who has been authorized to enter their country of destination.

Marginal note:Payment of removal costs

 Unless expenses incurred by Her Majesty in right of Canada have been recovered from a transporter, a foreign national who is removed from Canada at Her Majesty's expense shall not return to Canada if the foreign national has not paid to Her Majesty the removal costs of

  • (a) $750 for removal to the United States or St. Pierre and Miquelon; and

  • (b) $1,500 for removal to any other country.

PART 14DETENTION AND RELEASE

Marginal note:Factors to be considered

 For the purposes of Division 6 of Part 1 of the Act, the factors set out in this Part shall be taken into consideration when assessing whether a person

  • (a) 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) of the Act;

  • (b) is a danger to the public; or

  • (c) is a foreign national whose identity has not been established.

Marginal note:Flight risk

 For the purposes of paragraph 244(a), the factors are the following:

  • (a) being a fugitive from justice in a foreign jurisdiction in relation to an offence that, if committed in Canada, would constitute an offence under an Act of Parliament;

  • (b) voluntary compliance with any previous departure order;

  • (c) voluntary compliance with any previously required appearance at an immigration or criminal proceeding;

  • (d) previous compliance with any conditions imposed in respect of entry, release or a stay of removal;

  • (e) any previous avoidance of examination or escape from custody, or any previous attempt to do so;

  • (f) involvement with a people smuggling or trafficking in persons operation that would likely lead the person to not appear for a measure referred to in paragraph 244(a) or to be vulnerable to being influenced or coerced by an organization involved in such an operation to not appear for such a measure; and

  • (g) the existence of strong ties to a community in Canada.