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

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

Marginal note:Stay of removal — pre-removal risk assessment

 A removal order is stayed when a person is notified by the Department under subsection 160(3) that they may make an application under subsection 112(1) of the Act, and the stay is effective until the earliest of the following events occurs:

  • (a) the Department receives confirmation in writing from the person that they do not intend to make an application;

  • (b) the person does not make an application within the period provided under section 162;

  • (c) the application for protection is rejected;

  • (d[Repealed, SOR/2012-154, s. 12]

  • (e) if a decision to allow the application for protection is made under paragraph 114(1)(a) of the Act, the decision with respect to the person's application to remain in Canada as a permanent resident is made; and

  • (f) in the case of a person to whom subsection 112(3) of the Act applies, the stay is cancelled under subsection 114(2) of the Act.

  • SOR/2012-154, s. 12.
Marginal note:Stay of removal — humanitarian and compassionate or public policy considerations

 A removal order made against a foreign national, and any family member of the foreign national, is stayed if the Minister is of the opinion that the stay is justified by humanitarian and compassionate considerations, under subsection 25(1) or 25.1(1) of the Act, or by public policy considerations, under subsection 25.2(1) of the Act. The stay is effective until a decision is made to grant, or not grant, permanent resident status.

  • SOR/2010-252, s. 1.
Marginal note:Application of par. 50(a) of the Act

 For greater certainty and for the purposes of paragraph 50(a) of the Act, a decision made in a judicial proceeding would not be directly contravened by the enforcement of a removal order if

  • (a) there is an agreement between the Department and the Attorney General of Canada or the attorney general of a province that criminal charges will be withdrawn or stayed on the removal of the person from Canada; or

  • (b) there is an agreement between the Department and the Attorney General of Canada or the attorney general of a province to withdraw or cancel any summons or subpoena on the removal of the person from Canada.

Division 4Enforcement of Removal Orders

Marginal note:Not void

 For greater certainty, and subject to section 51 of the Act, a removal order does not become void by reason of any lapse of time.

Marginal note:Providing copies

 A person against whom a removal order is made shall be provided with a copy of the order when it is made.