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

Marginal note:Paragraph 45(d) of the Act — applicable removal order

• 229 (1) For the purposes of paragraph 45(d) of the Act, the applicable removal order to be made by the Immigration Division against a person is

  • (a) a deportation order, if they are inadmissible under subsection 34(1) of the Act on security grounds;

  • (b) a deportation order, if they are inadmissible under paragraph 35(1)(a), (b) or (c) of the Act on grounds of violating human or international rights;

  • (c) a deportation order, in the case of a permanent resident inadmissible under subsection 36(1) of the Act on grounds of serious criminality or a foreign national inadmissible under paragraph 36(1)(b) or (c) of the Act on grounds of serious criminality;

  • (d) a deportation order, if they are inadmissible under paragraph 36(2)(b), (c) or (d) of the Act on grounds of criminality;

  • (e) a deportation order, if they are inadmissible under subsection 37(1) of the Act on grounds of organized criminality;

  • (f) an exclusion order, if they are inadmissible under subsection 38(1) of the Act on health grounds, unless subsection (2) or (3) applies;

  • (g) an exclusion order, if they are inadmissible under section 39 of the Act for financial reasons, unless subsection (2) or (3) applies;

  • (h) an exclusion order, if they are inadmissible under paragraph 40(1)(a) or (b) of the Act for misrepresentation, unless subsection (3) applies;

  • (i) a deportation order, if they are inadmissible under paragraph 40(1)(d) of the Act for misrepresentation;

  • (j) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to comply with the requirement to appear for examination, unless subsection (2) or (3) applies;

  • (k) a departure order, if they are inadmissible under paragraph 41(b) of the Act;

  • (l) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to establish that they have come to Canada in order to establish permanent residence, unless subsection (3) applies;

  • (m) an exclusion order, if they are 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, unless subsection (2) applies; and

  • (n) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for any other failure to comply with the Act, unless subsection (2) or (3) applies.

• Marginal note:Eligible claim for refugee protection

  (2) If a claim for refugee protection is made and the claim has been determined to be eligible to be referred to the Refugee Protection Division or no determination has been made, a departure order is the applicable removal order in the circumstances set out in paragraph (1)(f), (g), (j), (m) or (n).

• Marginal note:Exception

  (3) The applicable removal order in the circumstances set out in paragraph (1)(f), (g), (h), (j), (l) or (n) is a deportation order if the person

  • (a) was previously subject to a removal order and they are inadmissible on the same grounds as in that order;

  • (b) has failed to comply with any condition or obligation imposed under the Act or the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, unless the failure is the basis for the removal order; or

  • (c) has been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment or of two offences under any Act of Parliament not arising out of a single occurrence, unless the conviction or convictions are the grounds for the removal order.

• Marginal note:Punishable by way of indictment

  (3.1) For the purposes of paragraph (3)(c), an offence that may be prosecuted either summarily or by way of indictment is deemed to be an offence punishable by way of indictment, even if it has been prosecuted summarily.

• Marginal note:Section 228 circumstances

  (4) If the Immigration Division makes a removal order against a foreign national with respect to any grounds of inadmissibility that are circumstances set out in section 228, the Immigration Division shall make

  • (a) the removal order that would have been applicable under subsection 228(1) or (3) if the report had not been referred to the Immigration Division under subsection 44(2) of the Act; or

  • (b) in the case of a foreign national described in paragraph 228(4)(a) or (b), the removal order that would have been applicable under subsection 228(1) or (3) if the foreign national had not been described in that paragraph.

DIVISION 3Stay of Removal Orders

Marginal note:Considerations

• 230 (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

• 231 (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.