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

Regulations are current to 2015-11-16 and last amended on 2015-09-15. Previous Versions

Division 3Stay of Removal Orders

Marginal note:Considerations
  •  (1) The Minister may impose a stay on removal orders with respect to a country or a place if the circumstances in that country or place pose a generalized risk to the entire civilian population as a result of

    • (a) an armed conflict within the country or place;

    • (b) an environmental disaster resulting in a substantial temporary disruption of living conditions; or

    • (c) any situation that is temporary and generalized.

  • Marginal note:Cancellation

    (2) The Minister may cancel the stay if the circumstances referred to in subsection (1) no longer pose a generalized risk to the entire civilian population.

  • Marginal note:Exceptions

    (3) The stay does not apply to a person who

    • (a) is inadmissible under subsection 34(1) of the Act on security grounds;

    • (b) is inadmissible under subsection 35(1) of the Act on grounds of violating human or international rights;

    • (c) is inadmissible under subsection 36(1) of the Act on grounds of serious criminality or under subsection 36(2) of the Act on grounds of criminality;

    • (d) is inadmissible under subsection 37(1) of the Act on grounds of organized criminality;

    • (e) is a person referred to in section F of Article 1 of the Refugee Convention; or

    • (f) informs the Minister in writing that they consent to their removal to a country or place to which a stay of removal applies.

Marginal note:Stay of removal — judicial review
  •  (1) Subject to subsections (2) to (4), a removal order is stayed if the subject of the order makes an application for leave for judicial review in accordance with section 72 of the Act with respect to a decision of the Refugee Appeal Division that rejects, or confirms the rejection of, a claim for refugee protection, and the stay is effective until the earliest of the following:

    • (a) the application for leave is refused,

    • (b) the application for leave is granted, the application for judicial review is refused and no question is certified for the Federal Court of Appeal,

    • (c) if a question is certified by the Federal Court,

      • (i) the appeal is not filed within the time limit, or

      • (ii) the Federal Court of Appeal decides to dismiss the appeal, and the time limit in which an application to the Supreme Court of Canada for leave to appeal from that decision expires without an application being made,

    • (d) if an application for leave to appeal is made to the Supreme Court of Canada from a decision of the Federal Court of Appeal referred to in paragraph (c), the application is refused, and

    • (e) if the application referred to in paragraph (d) is granted, the appeal is not filed within the time limit or the Supreme Court of Canada dismisses the appeal.

  • Marginal note:Exception

    (2) Subsection (1) does not apply if, when leave is applied for, the subject of the removal order is a designated foreign national or a national of a country that is designated under subsection 109.1(1) of the Act.

  • Marginal note:Other exceptions

    (3) There is no stay of removal if

    • (a) the person is subject to a removal order because they are inadmissible on grounds of serious criminality; or

    • (b) the subject of the removal order resides or sojourns in the United States or St. Pierre and Miquelon and is the subject of a report prepared under subsection 44(1) of the Act on their entry into Canada.

  • Marginal note:Non-application

    (4) Subsection (1) does not apply if the person applies for an extension of time to file an application referred to in that subsection.

  • 2002, c. 8, s. 183;
  • SOR/2012-272, s. 1.