Marginal note:Organized criminality

• 37. (1) A permanent resident or a foreign national is inadmissible on grounds of organized criminality for

  • (a) being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern; or

  • (b) engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or money laundering.

• Marginal note:Application

  (2) The following provisions govern subsection (1):

  • (a) subsection (1) does not apply in the case of a permanent resident or a foreign national who satisfies the Minister that their presence in Canada would not be detrimental to the national interest; and

  • (b) paragraph (1)(a) does not lead to a determination of inadmissibility by reason only of the fact that the permanent resident or foreign national entered Canada with the assistance of a person who is involved in organized criminal activity.

Marginal note:Health grounds

• 38. (1) A foreign national is inadmissible on health grounds if their health condition

  • (a) is likely to be a danger to public health;

  • (b) is likely to be a danger to public safety; or

  • (c) might reasonably be expected to cause excessive demand on health or social services.

• Marginal note:Exception

  (2) Paragraph (1)(c) does not apply in the case of a foreign national who

  • (a) has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations;

  • (b) has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances;

  • (c) is a protected person; or

  • (d) is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).

Marginal note:Financial reasons

39. A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.

Marginal note:Misrepresentation

• 40. (1) A permanent resident or a foreign national is inadmissible for misrepresentation

  • (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

  • (b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;

  • (c) on a final determination to vacate a decision to allow the claim for refugee protection by the permanent resident or the foreign national; or

  • (d) on ceasing to be a citizen under paragraph 10(1)(a) of the Citizenship Act, in the circumstances set out in subsection 10(2) of that Act.

• Marginal note:Application

  (2) The following provisions govern subsection (1):

  • (a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of two years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and

  • (b) paragraph (1)(b) does not apply unless the Minister is satisfied that the facts of the case justify the inadmissibility.

Marginal note:Non-compliance with Act

41. A person is inadmissible for failing to comply with this Act

• (a) in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and

• (b) in the case of a permanent resident, through failing to comply with subsection 27(2) or section 28.

Marginal note:Inadmissible family member

42. A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if

• (a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or

• (b) they are an accompanying family member of an inadmissible person.

Marginal note:Regulations

43. The regulations may provide for any matter relating to the application of this Division, may define, for the purposes of this Act, any of the terms used in this Division, and may include provisions respecting the circumstances in which a class of permanent residents or foreign nationals is exempted from any of the provisions of this Division.

Division 5Loss of Status and Removal

Report on Inadmissibility

Marginal note:Preparation of report

• 44. (1) An officer who is of the opinion that a permanent resident or a foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts, which report shall be transmitted to the Minister.

• Marginal note:Referral or removal order

  (2) If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except in the case of a permanent resident who is inadmissible solely on the grounds that they have failed to comply with the residency obligation under section 28 and except, in the circumstances prescribed by the regulations, in the case of a foreign national. In those cases, the Minister may make a removal order.

• Marginal note:Conditions

  (3) An officer or the Immigration Division may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that the officer or the Division considers necessary on a permanent resident or a foreign national who is the subject of a report, an admissibility hearing or, being in Canada, a removal order.

Admissibility Hearing by the Immigration Division

Marginal note:Decision

45. The Immigration Division, at the conclusion of an admissibility hearing, shall make one of the following decisions:

• (a) recognize the right to enter Canada of a Canadian citizen within the meaning of the Citizenship Act, a person registered as an Indian under the Indian Act or a permanent resident;

• (b) grant permanent resident status or temporary resident status to a foreign national if it is satisfied that the foreign national meets the requirements of this Act;

• (c) authorize a permanent resident or a foreign national, with or without conditions, to enter Canada for further examination; or

• (d) make the applicable removal order against a foreign national who has not been authorized to enter Canada, if it is not satisfied that the foreign national is not inadmissible, or against a foreign national who has been authorized to enter Canada or a permanent resident, if it is satisfied that the foreign national or the permanent resident is inadmissible.

Loss of Status

Marginal note:Permanent resident

• 46. (1) A person loses permanent resident status

  • (a) when they become a Canadian citizen;

  • (b) on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28;

  • (c) when a removal order made against them comes into force; or

  • (d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination under subsection 114(3) to vacate a decision to allow their application for protection.

• Marginal note:Permanent resident

  (2) A person who ceases to be a citizen under paragraph 10(1)(a) of the Citizenship Act, other than in the circumstances set out in subsection 10(2) of that Act, becomes a permanent resident.

Marginal note:Temporary resident

47. A foreign national loses temporary resident status

• (a) at the end of the period for which they are authorized to remain in Canada;

• (b) on a determination by an officer or the Immigration Division that they have failed to comply with any other requirement of this Act; or

• (c) on cancellation of their temporary resident permit.

Enforcement of Removal Orders

Marginal note:Enforceable removal order

• 48. (1) A removal order is enforceable if it has come into force and is not stayed.

• Marginal note:Effect

  (2) If a removal order is enforceable, the foreign national against whom it was made must leave Canada immediately and it must be enforced as soon as is reasonably practicable.

Marginal note:In force

• 49. (1) A removal order comes into force on the latest of the following dates:

  • (a) the day the removal order is made, if there is no right to appeal;

  • (b) the day the appeal period expires, if there is a right to appeal and no appeal is made; and

  • (c) the day of the final determination of the appeal, if an appeal is made.

• Marginal note:In force — claimants

  (2) Despite subsection (1), a removal order made with respect to a refugee protection claimant is conditional and comes into force on the latest of the following dates:

  • (a) the day the claim is determined to be ineligible only under paragraph 101(1)(e);

  • (b) in a case other than that set out in paragraph (a), seven days after the claim is determined to be ineligible;

  • (c) 15 days after notification that the claim is rejected by the Refugee Protection Division, if no appeal is made, or by the Refugee Appeal Division, if an appeal is made;

  • (d) 15 days after notification that the claim is declared withdrawn or abandoned; and

  • (e) 15 days after proceedings are terminated as a result of notice under paragraph 104(1)(c) or (d).

Marginal note:Stay

50. A removal order is stayed

• (a) if a decision that was made in a judicial proceeding — at which the Minister shall be given the opportunity to make submissions — would be directly contravened by the enforcement of the removal order;

• (b) in the case of a foreign national sentenced to a term of imprisonment in Canada, until the sentence is completed;

• (c) for the duration of a stay imposed by the Immigration Appeal Division or any other court of competent jurisdiction;

• (d) for the duration of a stay under paragraph 114(1)(b); and

• (e) for the duration of a stay imposed by the Minister.

Marginal note:Void — permanent residence

51. A removal order that has not been enforced becomes void if the foreign national becomes a permanent resident.

Marginal note:No return without prescribed authorization

• 52. (1) If a removal order has been enforced, the foreign national shall not return to Canada, unless authorized by an officer or in other prescribed circumstances.

• Marginal note:Return to Canada

  (2) If a removal order for which there is no right of appeal has been enforced and is subsequently set aside in a judicial review, the foreign national is entitled to return to Canada at the expense of the Minister.

Regulations

Marginal note:Regulations

53. The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting

• (a) conditions that may or must be imposed, varied, or cancelled, individually or by class, on permanent residents and foreign nationals;

• (b) the circumstances in which a removal order shall be made or confirmed against a permanent resident or a foreign national;

• (c) the circumstances in which status may be restored;

• (d) the circumstances in which a removal order may be stayed, including a stay imposed by the Minister and a stay that is not expressly provided for by this Act;

• (e) the effect and enforcement of removal orders;

• (f) the effect of a pardon under the Criminal Records Act on the status of permanent residents and foreign nationals and removal orders made against them; and

• (g) the financial obligations that may be imposed with respect to a removal order.

Division 6Detention and Release

Marginal note:Immigration Division

54. The Immigration Division is the competent Division of the Board with respect to the review of reasons for detention under this Division.

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 or for violating human or international rights.

• Marginal note:Notice

  (4) If a permanent resident or a foreign national is taken into detention, an officer shall without delay give notice to the Immigration Division.

Marginal note:Release — officer

56. An officer may order the release from detention of a permanent resident or a foreign national before the first detention review by the Immigration Division if the officer is of the opinion that the reasons for the detention no longer exist. The officer may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that the officer considers necessary.

Marginal note:Review of detention

• 57. (1) Within 48 hours after a permanent resident or a foreign national is taken into detention, or without delay afterward, the Immigration Division must review the reasons for the continued detention.

• Marginal note:Further review

  (2) At least once during the seven days following the review under subsection (1), and at least once during each 30-day period following each previous review, the Immigration Division must review the reasons for the continued detention.

• Marginal note:Presence

  (3) In a review under subsection (1) or (2), an officer shall bring the permanent resident or the foreign national before the Immigration Division or to a place specified by it.

Marginal note:Release — Immigration Division

• 58. (1) The Immigration Division shall order the release of a permanent resident or a foreign national unless it is satisfied, taking into account prescribed factors, that

  • (a) they are a danger to the public;

  • (b) they are 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);

  • (c) the Minister is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on grounds of security or for violating human or international rights; or

  • (d) the Minister is of the opinion that the identity of the foreign national has not been, but may be, established and they have not reasonably cooperated with the Minister by providing relevant information for the purpose of establishing their identity or the Minister is making reasonable efforts to establish their identity.

• Marginal note:Detention — Immigration Division

  (2) The Immigration Division may order the detention of a permanent resident or a foreign national if it is satisfied that the permanent resident or the foreign national is the subject of an examination or an admissibility hearing or is subject to a removal order and that the permanent resident or the foreign national is a danger to the public or is unlikely to appear for examination, an admissibility hearing or removal from Canada.

• Marginal note:Conditions

  (3) If the Immigration Division orders the release of a permanent resident or a foreign national, it may impose any conditions that it considers necessary, including the payment of a deposit or the posting of a guarantee for compliance with the conditions.