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Immigration and Refugee Protection Act

Version of section 58.1 from 2017-10-18 to 2021-02-15:


Marginal note:Release — on request

  •  (1) The Minister may, on request of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question, order their release from detention if, in the Minister’s opinion, exceptional circumstances exist that warrant the release.

  • Marginal note:Release — Minister’s own initiative

    (2) The Minister may, on the Minister’s own initiative, order the release of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question if, in the Minister’s opinion, the reasons for the detention no longer exist.

  • Marginal note:Conditions

    (3) If the Minister orders the release of a designated foreign national, the Minister may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that he or she considers necessary.

  • Marginal note:Conditions — inadmissibility on grounds of security

    (4) If the Minister orders the release of a designated foreign national who is the subject of either a report on inadmissibility on grounds of security that is referred to the Immigration Division or a removal order for inadmissibility on grounds of security, the Minister must also impose the prescribed conditions on the person.

  • Marginal note:Duration of conditions

    (5) The prescribed conditions imposed under subsection (4) cease to apply only when one of the events described in paragraphs 44(5)(a) to (e) occurs.

  • 2012, c. 17, s. 27
  • 2013, c. 16, s. 36
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