5 (1) Section 228 of the Regulations is amended by adding the following after subsection (1):
- Marginal note:Direct back
  (1.1) For the purposes of subsection 44(2) of the Act, and subject to subsection (4), if a foreign national is the subject of a report and the following circumstances apply, the report shall not be referred to the Immigration Division and the removal order made shall be an exclusion order:
  - (a) an officer directed the foreign national to return temporarily to the United States under section 41; and
  - (b) the foreign national is inadmissible under paragraph 41(a) of the Act for failing to establish that they will leave Canada by the end of the period authorized for their stay.
(2) The portion of subsection 228(4) of the Regulations before paragraph (a) is replaced by the following:
- Marginal note:Reports in respect of certain foreign nationals
  (4) For the purposes of subsections (1) and (1.1), a report in respect of a foreign national does not include a report in respect of a foreign national who