GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 231
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. Exception (2) Subsection (1) does not apply if, when leave is applied for, the subject of the removal order is a designated foreign national. 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. 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. 2002, c. 8, s. 183; SOR/2012-272, s. 1; SOR/2016-136, s. 9(F) SOR/2022-113, s. 1
Immigration and Refugee Protection Regulations — 232
Stay of removal — pre-removal risk assessment 232 A removal order is stayed when a person is notified by the Department under subsection 160(3) that they may make an application under subsection 112(1) of the Act, and the stay is effective until the earliest of the following events occurs: (a) the Department receives confirmation in writing from the person that they do not intend to make an application; (b) the person does not make an application within the period provided under section 162; (c) the application for protection is rejected; (d) [Repealed, SOR/2012-154, s. 12] (e) if a decision to allow the application for protection is made under paragraph 114(1)(a) of the Act, the decision with respect to the person’s application to remain in Canada as a permanent resident is made; and (f) in the case of a person to whom subsection 112(3) of the Act applies, the stay is cancelled under subsection 114(2) of the Act. SOR/2012-154, s. 12
Immigration and Refugee Protection Regulations — 233
Stay of removal — humanitarian and compassionate or public policy considerations 233 A removal order made against a foreign national, and any family member of the foreign national, is stayed if the Minister is of the opinion that the stay is justified by humanitarian and compassionate considerations, under subsection 25(1) or 25.1(1) of the Act, or by public policy considerations, under subsection 25.2(1) of the Act. The stay is effective until a decision is made to grant, or not grant, permanent resident status. SOR/2010-252, s. 1
Immigration and Refugee Protection Regulations — 234
Application of par. 50(a) of the Act 234 For greater certainty and for the purposes of paragraph 50(a) of the Act, a decision made in a judicial proceeding would not be directly contravened by the enforcement of a removal order if (a) there is an agreement between the Canada Border Services Agency and the Attorney General of Canada or the attorney general of a province that criminal charges will be withdrawn or stayed on the removal of the person from Canada; or (b) there is an agreement between the Canada Border Services Agency and the Attorney General of Canada or the attorney general of a province to withdraw or cancel any summons or subpoena on the removal of the person from Canada. SOR/2016-136, s. 10(E); SOR/2017-214, s. 4
Immigration and Refugee Protection Regulations — 235
Not void 235 For greater certainty, and subject to section 51 of the Act, a removal order does not become void by reason of any lapse of time.
Immigration and Refugee Protection Regulations — 236
Providing copies 236 A person against whom a removal order is made shall be provided with a copy of the order when it is made.
Immigration and Refugee Protection Regulations — 237
Modality of enforcement 237 A removal order is enforced by the voluntary compliance of a foreign national with the removal order or by the removal of the foreign national by the Minister. SOR/2016-136, s. 11(F)
Immigration and Refugee Protection Regulations — 238
Voluntary compliance 238 (1) A foreign national who wants to voluntarily comply with a removal order must appear before an officer who shall determine if (a) the foreign national has sufficient means to effect their departure to a country that they will be authorized to enter; and (b) the foreign national intends to voluntarily comply with the requirements set out in paragraphs 240(1)(a) to (c) and will be able to act on that intention. Choice of country (2) Following the appearance referred to in subsection (1), the foreign national must submit their choice of destination to the officer who shall approve the choice unless the foreign national is (a) a danger to the public; (b) a fugitive from justice in Canada or another country; or (c) seeking to evade or frustrate the cause of justice in Canada or another country.
Immigration and Refugee Protection Regulations — 239
Removal by Minister 239 If a foreign national does not voluntarily comply with a removal order, a negative determination is made under subsection 238(1) or the foreign national’s choice of destination is not approved under subsection 238(2), the removal order shall be enforced by the Minister.
Immigration and Refugee Protection Regulations — 240
When removal order is enforced 240 (1) A removal order against a foreign national, whether it is enforced by voluntary compliance or by the Minister, is enforced when the foreign national (a) appears before an officer at a port of entry to verify their departure from Canada; (b) obtains a certificate of departure from the Canada Border Services Agency; (c) departs from Canada; and (d) is authorized to enter, other than for purposes of transit, their country of destination. When removal order is enforced by officer outside Canada (2) If a foreign national against whom a removal order has not been enforced has departed from Canada and applies outside Canada for a visa, an electronic travel authorization or an authorization to return to Canada, an officer shall enforce the order if, following an examination, the foreign national establishes that they are the person described in the order. When removal order is enforced by officer in Canada (3) A removal order against a foreign national is enforced by an officer in Canada when the officer confirms that the foreign national has departed from Canada. Application of subsections (2) and (3) (4) For greater certainty, subsections (2) and (3) apply in respect of any removal order made before the day on which those subsections come into force. SOR/2015-77, s. 7; SOR/2016-136, s. 12(F); SOR/2017-214, s. 5; SOR/2018-232, s. 1
Immigration and Refugee Protection Regulations — 241
Country of removal 241 (1) If a removal order is enforced under section 239, the foreign national shall be removed to (a) the country from which they came to Canada; (b) the country in which they last permanently resided before coming to Canada; (c) a country of which they are a national or citizen; or (d) the country of their birth. Removal to another country (2) If none of the countries referred to in subsection (1) is willing to authorize the foreign national to enter, the Minister shall select any country that will authorize entry within a reasonable time and shall remove the foreign national to that country. Exception (3) Despite section 238 and subsection (1), the Minister shall remove a person who is subject to a removal order on the grounds of inadmissibility referred to in paragraph 35(1)(a) of the Act to a country that the Minister determines will authorize the person to enter. SOR/2019-212, s. 11(F)
Immigration and Refugee Protection Regulations — 242
Mutual Legal Assistance in Criminal Matters Act 242 A person transferred under an order made under the Mutual Legal Assistance in Criminal Matters Act is not, for the purposes of paragraph 240(1)(d), a person who has been authorized to enter their country of destination.
Immigration and Refugee Protection Regulations — 243
Payment of removal costs 243 (1) Unless expenses incurred by His Majesty in right of Canada have been recovered from a transporter, a foreign national who is removed from Canada at His Majesty’s expense shall not return to Canada if the foreign national has not paid to His Majesty the removal costs of (a) $3,840 for removal without escort or under escort other than by air; and (b) $12,880 for removal under escort by air. Exception — medical escort (2) Despite paragraph 1(b), a foreign national who is removed by air under medical escort is subject to the removal cost set out in paragraph (1)(a). Non-application — under 18 (3) Subsections (1) and (2) do not apply to a foreign national who is under 18 years of age at the time the removal order is made. SOR/2024-284, s. 1
Immigration and Refugee Protection Regulations — 243.1
Making of a removal order 243.1 The following documents, held by a foreign national, are cancelled when a removal order is made against that foreign national : (a) a temporary resident visa; (b) an electronic travel authorization; and (c) a temporary resident permit. SOR/2024-11, s. 4
Immigration and Refugee Protection Regulations — 243.2
Enforceable removal order 243.2 The following documents, held by a foreign national, are cancelled when a removal order made against that foreign national becomes enforceable: (a) a work permit; and (b) a study permit. SOR/2024-11, s. 4
Immigration and Refugee Protection Regulations — 244
Factors to be considered 244 For the purposes of Division 6 of Part 1 of the Act, the factors set out in this Part shall be taken into consideration when assessing whether a person (a) 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) of the Act; (b) is a danger to the public; or (c) is a foreign national whose identity has not been established.
Immigration and Refugee Protection Regulations — 245
Flight risk 245 For the purposes of paragraph 244(a), the factors are the following: (a) being a fugitive from justice in a foreign jurisdiction in relation to an offence that, if committed in Canada, would constitute an offence under an Act of Parliament; (b) voluntary compliance with any previous departure order; (c) voluntary compliance with any previously required appearance at an immigration or criminal proceeding; (d) previous compliance with any conditions imposed in respect of entry, release or a stay of removal; (e) any previous avoidance of examination or escape from custody, or any previous attempt to do so; (f) involvement with a people smuggling or trafficking in persons operation that would likely lead the person to not appear for a measure referred to in paragraph 244(a) or to be vulnerable to being influenced or coerced by an organization involved in such an operation to not appear for such a measure; and (g) the existence of strong ties to a community in Canada.
Immigration and Refugee Protection Regulations — 246
Danger to the public 246 For the purposes of paragraph 244(b), the factors are the following: (a) the fact that the person constitutes, in the opinion of the Minister, a danger to the public in Canada or a danger to the security of Canada under paragraph 101(2)(b), subparagraph 113(d)(i) or (ii) or paragraph 115(2)(a) or (b) of the Act; (b) association with a criminal organization within the meaning of subsection 121(2) of the Act; (c) engagement in people smuggling or trafficking in persons; (d) conviction in Canada under an Act of Parliament for (i) a sexual offence, or (ii) an offence involving violence or weapons; (e) conviction for an offence in Canada under any of the following provisions of the Controlled Drugs and Substances Act , namely, (i) section 5 (trafficking), (ii) section 6 (importing and exporting), and (iii) section 7 (production); (f) conviction outside Canada, or the existence of pending charges outside Canada, for an offence that, if committed in Canada, would constitute an offence under an Act of Parliament for (i) a sexual offence, or (ii) an offence involving violence or weapons; (g) conviction outside Canada, or the existence of pending charges outside Canada, for an offence that, if committed in Canada, would constitute an offence under any of the following provisions of the Controlled Drugs and Substances Act , namely, (i) section 5 (trafficking), (ii) section 6 (importing and exporting), and (iii) section 7 (production); (h) conviction for an offence in Canada under any of the following provisions of the Cannabis Act , namely, (i) section 9 (distribution), (ii) section 10 (selling), (iii) section 11 (importing and exporting), and (iv) section 12 (production); and (i) conviction outside Canada, or the existence of pending charges outside Canada, for an offence that, if committed in Canada, would constitute an offence under any of the following provisions of the Cannabis Act , namely, (i) section 9 (distribution), (ii) section 10 (selling), (iii) section 11 (importing and exporting), and (iv) section 12 (production). SOR/2016-136, s. 13(F); SOR/2018-170, s. 2
Immigration and Refugee Protection Regulations — 247
Identity not established 247 (1) For the purposes of paragraph 244(c), the factors are the following: (a) the foreign national’s cooperation in providing evidence of their identity or assisting the Department or the Canada Border Services Agency in obtaining evidence of their identity, in providing the date and place of their birth as well as the names of their mother and father, in providing detailed information on the itinerary they followed in travelling to Canada or in completing an application for a travel document; (b) in the case of a foreign national who makes a claim for refugee protection, the possibility of obtaining identity documents or information without divulging personal information to government officials of their country of nationality or, if there is no country of nationality, their country of former habitual residence; (c) the foreign national’s destruction of their identity or travel documents, or the use of fraudulent documents by the foreign national in order to mislead the Department or the Canada Border Services Agency, and the circumstances under which the foreign national acted; (d) the provision of contradictory information by the foreign national with respect to their identity during the processing of an application by the Department or the Canada Border Services Agency; and (e) the existence of documents that contradict information provided by the foreign national with respect to their identity. Non-application to minors (2) Consideration of the factors set out in paragraph (1)(a) shall not have an adverse impact with respect to minor children referred to in section 249. SOR/2004-167, s. 65(E); SOR/2016-136, s. 14(E); SOR/2017-214, s. 6
Immigration and Refugee Protection Regulations — 248
Other factors 248 If it is determined that there are grounds for detention, the following factors shall be considered before a decision is made on detention or release: (a) the reason for detention; (b) the length of time in detention; (c) whether there are any elements that can assist in determining the length of time that detention is likely to continue and, if so, that length of time; (d) any unexplained delays or unexplained lack of diligence caused by the Department, the Canada Border Services Agency or the person concerned; (e) the existence of alternatives to detention; and (f) the best interests of a directly affected child who is under 18 years of age. SOR/2017-214, s. 7 SOR/2019-213, s. 1
Immigration and Refugee Protection Regulations — 248.1
Best interests of the child 248.1 (1) For the purpose of paragraph 248(f) and for the application, in respect of children who are under 18 years of age, of the principle affirmed in section 60 of the Act, that a minor child shall be detained only as a measure of last resort, the following factors must be considered when determining the best interests of the child: (a) the child’s physical, emotional and psychological well-being; (b) the child’s healthcare and educational needs; (c) the importance of maintaining relationships and the stability of the family environment, and the possible effect on the child of disrupting those relationships or that stability; (d) the care, protection and safety needs of the child; and (e) the child’s views and preferences, provided the child is capable of forming their own views or expressing their preferences, taking into consideration the child’s age and maturity. Degree of dependence (2) For the purpose of paragraph 248(f), the level of dependency of the child on the person for whom there are grounds to detain shall also be considered when determining the best interests of the child. SOR/2019-213, s. 2
Immigration and Refugee Protection Regulations — 249
Special considerations for minor children 249 For the application of the principle affirmed in section 60 of the Act that a minor child shall be detained only as a measure of last resort, the special considerations that apply in relation to the detention of minor children who are less than 18 years of age are (a) the availability of alternative arrangements with local child-care agencies or child protection services for the care and protection of the minor children; (b) the anticipated length of detention; (c) the risk of continued control by the human smugglers or traffickers who brought the children to Canada; (d) the type of detention facility envisaged and the conditions of detention; (e) the availability of accommodation that allows for the segregation of the minor children from adult detainees who are not the parent of or the adult legally responsible for the detained minor children; and (f) the availability of services in the detention facility, including education, counselling and recreation.
Immigration and Refugee Protection Regulations — 250
Applications for travel documents 250 If a completed application for a passport or travel document must be provided as a condition of release from detention, any completed application provided by a foreign national who makes a claim for refugee protection shall not be divulged to government officials of their country of nationality or, if there is no country of nationality, their country of previous habitual residence, as long as the removal order to which the foreign national is subject is not enforceable.
Immigration and Refugee Protection Regulations — 250.1
Inadmissibility on grounds of security — conditions 250.1 For the purposes of subsections 44(4), 56(3), 58(5), 58.1(4), 77.1(1) and 82(6) of the Act, the conditions that must be imposed on a foreign national or permanent resident are the following: (a) to inform the Canada Border Services Agency in writing of their address and, in advance, of any change in that address; (b) to inform the Canada Border Services Agency in writing of their employer’s name and the address of their place of employment and, in advance, of any change in that information; (c) unless they are otherwise required to report to the Canada Border Services Agency because of a condition imposed under subsection 44(3), 56(1), 58(3) or 58.1(3) or paragraph 82(5)(b) of the Act, to report once each month to the Agency; (d) to present themselves at the time and place that an officer, the Immigration Division, the Minister or the Federal Court requires them to appear to comply with any obligation imposed on them under the Act; (e) to produce to the Canada Border Services Agency without delay the original of any passport and travel and identity documents that they hold, or that they obtain, in order to permit the Agency to make copies of those documents; (f) if a removal order made against them comes into force, to surrender to the Canada Border Services Agency without delay any passport and travel document that they hold; (g) if a removal order made against them comes into force and they do not hold a document that is required to remove them from Canada, to take without delay any action that is necessary to ensure that the document is provided to the Canada Border Services Agency, such as by producing an application or producing evidence verifying their identity; (h) to not commit an offence under an Act of Parliament or an offence that, if committed in Canada, would constitute an offence under an Act of Parliament; (i) if they are charged with an offence under an Act of Parliament or an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, to inform the Canada Border Services Agency of that charge in writing and without delay; (j) if they are convicted of an offence under an Act of Parliament or an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, to inform the Canada Border Services Agency of that conviction in writing and without delay; and (k) if they intend to leave Canada, to inform the Canada Border Services Agency in writing of the date on which they intend to leave Canada. SOR/2017-214, s. 8
Immigration and Refugee Protection Regulations — 251
Immigration Appeal Division — conditions 251 For the purposes of subsection 68(2) of the Act, the conditions that must be imposed on a foreign national or permanent resident by the Immigration Appeal Division are the following: (a) to inform the Canada Border Services Agency and the Immigration Appeal Division in writing, in advance, of any change in their address; (b) to provide to the Canada Border Services Agency a copy of any passport and travel document that they hold and, if they do not hold any such documents, to complete an application for a passport or travel document and provide that application to the Agency; (c) to apply for an extension of the validity period of any passport and travel document that they hold before it expires and to provide a copy of the extended document to the Canada Border Services Agency; (d) to not commit an offence under an Act of Parliament or an offence that, if committed in Canada, would constitute an offence under an Act of Parliament; (e) if they are charged with an offence under an Act of Parliament or an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, to inform the Canada Border Services Agency of that charge in writing and without delay; and (f) if they are convicted of an offence under an Act of Parliament or an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, to inform the Canada Border Services Agency and the Immigration Appeal Division of that conviction in writing and without delay. SOR/2014-140, s. 17(F); SOR/2017-214, s. 8
Immigration and Refugee Protection Regulations — 252
Custody of seized thing 252 A thing seized under subsection 140(1) of the Act shall be placed without delay in the custody of the Department or the Canada Border Services Agency. SOR/2017-214, s. 9