Marginal note:Modality of enforcement
237. A removal order is enforced by the voluntary compliance of a foreign national with the removal order or by the removal of the foreign national by the Minister.
Marginal note:Voluntary compliance
238. (1) A foreign national who wants to voluntarily comply with a removal order must appear before an officer who shall determine if
(a) the foreign national has sufficient means to effect their departure to a country that they will be authorized to enter; and
(b) the foreign national intends to voluntarily comply with the requirements set out in paragraphs 240(1)(a) to (c) and will be able to act on that intention.
Marginal note:Choice of country
(2) Following the appearance referred to in subsection (1), the foreign national must submit their choice of destination to the officer who shall approve the choice unless the foreign national is
(a) a danger to the public;
(b) a fugitive from justice in Canada or another country; or
(c) seeking to evade or frustrate the cause of justice in Canada or another country.
Marginal note:Removal by Minister
239. If a foreign national does not voluntarily comply with a removal order, a negative determination is made under subsection 238(1) or the foreign national's choice of destination is not approved under subsection 238(2), the removal order shall be enforced by the Minister.
Marginal note:When removal order is enforced
240. (1) A removal order against a foreign national, whether it is enforced by voluntary compliance or by the Minister, is enforced when the foreign national
(a) appears before an officer at a port of entry to verify their departure from Canada;
(b) obtains a certificate of departure from the Department;
(c) departs from Canada; and
(d) is authorized to enter, other than for purposes of transit, their country of destination.
Marginal note:When removal order is enforced by officer outside Canada
(2) If a foreign national against whom a removal order has not been enforced is applying outside Canada for a visa or an authorization to return to Canada, an officer shall enforce the order if, following an examination, the foreign national establishes that
(a) they are the person described in the order;
(b) they have been lawfully admitted to the country in which they are physically present at the time that the application is made; and
(c) they are not inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.
- Date modified: