Immigration and Refugee Protection Regulations

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 subsection 35(1) 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) or (c) of the Act on grounds of criminality;

  • (d.1) a deportation order, if they are inadmissible under subsection 36(2.1) of the Act on grounds of transborder criminality for having committed, on their entry into Canada, an offence other than one referred to in any of subparagraphs 228(1)(a.01)(i) to (v);

  • (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.