GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Act — I-2.5 46
Permanent resident 46 (1) A person loses permanent resident status (a) when they become a Canadian citizen; (b) on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28; (c) when a removal order made against them comes into force; (c.1) on a final determination under subsection 108(2) that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d); (d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination to vacate a decision to allow their application for protection; or (e) on approval by an officer of their application to renounce their permanent resident status. Effect of renunciation (1.1) A person who loses their permanent resident status under paragraph (1)(e) becomes a temporary resident for a period of six months unless they make their application to renounce their permanent resident status at a port of entry or are not physically present in Canada on the day on which their application is approved. Effect of ceasing to be citizen (2) A person becomes a permanent resident if he or she ceases to be a citizen under (a) paragraph 10(1)(a) of the Citizenship Act , as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act , other than in the circumstances set out in subsection 10(2) of the Citizenship Act , as it read immediately before that coming into force; (b) subsection 10(1) of the Citizenship Act , other than in the circumstances set out in section 10.2 of that Act; or (c) subsection 10.1(3) of the Citizenship Act , other than in the circumstances set out in section 10.2 of that Act. 2001, c. 27, s. 46; 2012, c. 17, s. 19; 2013, c. 16, s. 20; 2014, c. 22, s. 43; 2017, c. 14, s. 26
Immigration and Refugee Protection Act — I-2.5 47
Temporary resident 47 A foreign national loses temporary resident status (a) at the end of the period for which they are authorized to remain in Canada; (b) on a determination by an officer or the Immigration Division that they have failed to comply with any other requirement of this Act; or (c) on cancellation of their temporary resident permit, other than cancellation by an order made under subsection 87.302(1). 2001, c. 27, s. 47 2026, c. 4, s. 71
Immigration and Refugee Protection Act — I-2.5 48
Enforceable removal order 48 (1) A removal order is enforceable if it has come into force and is not stayed. Effect (2) If a removal order is enforceable, the foreign national against whom it was made must leave Canada immediately and the order must be enforced as soon as possible. 2001, c. 27, s. 48; 2012, c. 17, s. 20
Immigration and Refugee Protection Act — I-2.5 49
In force 49 (1) A removal order comes into force on (a) the day on which it is made, if there is no right to appeal; (b) the day after the day on which the appeal period expires, if there is a right to appeal and no appeal is made; or (c) the day on which a final determination is made that has the effect of confirming the removal order, if an appeal is made. In force — claimants (2) Despite subsection (1), a removal order made with respect to a refugee protection claimant is conditional and comes into force (a) on the day on which notice is provided that the claim has been determined to be ineligible only under paragraph 101(1)(e); (b) seven days after the day on which notice is provided that the claim has otherwise been determined to be ineligible under subsection 101(1); (c) if the claim is rejected by the Refugee Protection Division and there is no right to appeal, 15 days after the day on which notice of the rejection is provided; (d) if the claim is rejected by the Refugee Protection Division and the claimant does not file and perfect an appeal within the applicable time limits, on the later of (i) the day after the day on which the applicable time limit expires, and (ii) 15 days after the day on which notice of the rejection is provided; (e) 15 days after the day on which the Refugee Appeal Division provides notice that the claim is rejected; (f) on the day on which notice is provided that the claim has been determined to be withdrawn; (g) 15 days after the day on which notice is provided that the claim has been determined to be abandoned; or (h) 15 days after the day on which proceedings are terminated as a result of a notice given under paragraph 104(1)(c) or (d). Monthly report on removal orders (3) The Minister must prepare a report in respect of each month of the year that sets out the number of removal orders that were enforced in that month, the number of removal orders that were not enforced in accordance with subsection (3) and the reasons for the delays. Additional information (4) The report must also include countries of origin, age and gender breakdowns and criminal backgrounds of persons removed. Tabling (5) The report must be tabled in each House of Parliament within 10 days after the last day of the month to which the report relates or, if a House is not then sitting, on any of the first 10 days on which that House is sitting after that day. 2001, c. 27, s. 49; 2012, c. 17, s. 21 2026, c. 4, s. 39
Immigration and Refugee Protection Act — I-2.5 50
Stay 50 A removal order is stayed (a) if a decision that was made in a judicial proceeding — at which the Minister shall be given the opportunity to make submissions — would be directly contravened by the enforcement of the removal order; (b) in the case of a foreign national sentenced to a term of imprisonment in Canada, until the sentence is completed; (c) for the duration of a stay imposed by the Immigration Appeal Division or any other court of competent jurisdiction; (d) for the duration of a stay under paragraph 114(1)(b); and (e) for the duration of a stay imposed by the Minister.
Immigration and Refugee Protection Act — I-2.5 51
Void — permanent residence 51 A removal order that has not been enforced becomes void if the foreign national becomes a permanent resident.
Immigration and Refugee Protection Act — I-2.5 52
No return without prescribed authorization 52 (1) If a removal order has been enforced, the foreign national shall not return to Canada, unless authorized by an officer or in other prescribed circumstances. Return to Canada (2) If a removal order for which there is no right of appeal has been enforced and is subsequently set aside in a judicial review, the foreign national is entitled to return to Canada at the expense of the Minister.
Immigration and Refugee Protection Act — I-2.5 53
Regulations 53 The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting (a) conditions that may or must be imposed, varied, or cancelled, individually or by class, on permanent residents and foreign nationals; (a.1) the form and manner in which an application to renounce permanent resident status must be made and the conditions that must be met before such an application may be approved; (b) the circumstances in which a removal order shall be made or confirmed against a permanent resident or a foreign national; (c) the circumstances in which status may be restored; (d) the circumstances in which a removal order may be stayed, including a stay imposed by the Minister and a stay that is not expressly provided for by this Act; (e) the effect and enforcement of removal orders, including the consideration of factors in the determination of when enforcement is possible; (f) the effect of a record suspension under the Criminal Records Act on the status of permanent residents and foreign nationals and removal orders made against them; and (g) the financial obligations that may be imposed with respect to a removal order. 2001, c. 27, s. 53; 2012, c. 1, s. 150, c. 17, s. 22; 2013, c. 16, s. 21
Immigration and Refugee Protection Act — I-2.5 54
Immigration Division 54 The Immigration Division is the competent Division of the Board with respect to the review of reasons for detention under this Division.
Immigration and Refugee Protection Act — I-2.5 55
Arrest and detention with warrant 55 (1) An officer may issue a warrant for the arrest and detention of a permanent resident or a foreign national who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, for an admissibility hearing, for removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2). Arrest and detention without warrant (2) An officer may, without a warrant, arrest and detain a foreign national, other than a protected person, (a) who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or 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); or (b) if the officer is not satisfied of the identity of the foreign national in the course of any procedure under this Act. Detention on entry (3) A permanent resident or a foreign national may, on entry into Canada, be detained if an officer (a) considers it necessary to do so in order for the examination to be completed; or (b) has reasonable grounds to suspect that the permanent resident or the foreign national is inadmissible on grounds of security, violating human or international rights, sanctions, serious criminality, criminality, transborder criminality or organized criminality. Mandatory arrest and detention — designated foreign national (3.1) If a designation is made under subsection 20.1(1), an officer must (a) detain, on their entry into Canada, a foreign national who, as a result of the designation, is a designated foreign national and who is 16 years of age or older on the day of the arrival that is the subject of the designation; or (b) arrest and detain without a warrant — or issue a warrant for the arrest and detention of — a foreign national who, after their entry into Canada, becomes a designated foreign national as a result of the designation and who was 16 years of age or older on the day of the arrival that is the subject of the designation. Notice (4) If a permanent resident or a foreign national is taken into detention, an officer shall without delay give notice to the Immigration Division. 2001, c. 27, s. 55; 2012, c. 17, s. 23 2023, c. 19, s. 9 2023, c. 19, s. 15.1 2023, c. 32, s. 55
Immigration and Refugee Protection Act — I-2.5 56
Release — officer 56 (1) An officer may order the release from detention of a permanent resident or a foreign national before the first detention review by the Immigration Division if the officer is of the opinion that the reasons for the detention no longer exist. The officer may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that the officer considers necessary. Period of detention — designated foreign national (2) Despite subsection (1), a designated foreign national who is detained under this Division and who was 16 years of age or older on the day of the arrival that is the subject of the designation in question must be detained until (a) a final determination is made to allow their claim for refugee protection or application for protection; (b) they are released as a result of the Immigration Division ordering their release under section 58; or (c) they are released as a result of the Minister ordering their release under section 58.1. Conditions — inadmissibility on grounds of security (3) If an officer orders the release of a permanent resident or 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 officer must also impose the prescribed conditions on the person. Duration of conditions (4) The prescribed conditions imposed under subsection (3) cease to apply only when one of the events described in paragraphs 44 (5)(a) to (e) occurs. 2001, c. 27, s. 56; 2012, c. 17, s. 24; 2013, c. 16, ss. 22, 36
Immigration and Refugee Protection Act — I-2.5 57
Review of detention 57 (1) Within 48 hours after a permanent resident or a foreign national is taken into detention, or without delay afterward, the Immigration Division must review the reasons for the continued detention. Further review (2) At least once during the seven days following the review under subsection (1), and at least once during each 30-day period following each previous review, the Immigration Division must review the reasons for the continued detention. Presence (3) In a review under subsection (1) or (2), an officer shall bring the permanent resident or the foreign national before the Immigration Division or to a place specified by it.
Immigration and Refugee Protection Act — I-2.5 57.1
Initial review — designated foreign national 57.1 (1) Despite subsections 57(1) and (2), in the case 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, the Immigration Division must review the reasons for their continued detention within 14 days after the day on which that person is taken into detention, or without delay afterward. Further review — designated foreign national (2) Despite subsection 57(2), in the case of the designated foreign national referred to in subsection (1), the Immigration Division must review again the reasons for their continued detention on the expiry of six months following the conclusion of the previous review and may not do so before the expiry of that period. Presence (3) In a review under subsection (1) or (2), the officer must bring the designated foreign national before the Immigration Division or to a place specified by it. 2012, c. 17, s. 25
Immigration and Refugee Protection Act — I-2.5 58.1
Release — on request 58.1 (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. 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. 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. 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. 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
Immigration and Refugee Protection Act — I-2.5 59
Incarcerated foreign nationals 59 If a warrant for arrest and detention under this Act is issued with respect to a permanent resident or a foreign national who is detained under another Act of Parliament in an institution, the person in charge of the institution shall deliver the inmate to an officer at the end of the inmate’s period of detention in the institution.
Immigration and Refugee Protection Act — I-2.5 60
Minor children 60 For the purposes of this Division, it is affirmed as a principle that a minor child shall be detained only as a measure of last resort, taking into account the other applicable grounds and criteria including the best interests of the child.
Immigration and Refugee Protection Act — I-2.5 61
Regulations 61 The regulations may provide for the application of this Division, and may include provisions respecting (a) grounds for and criteria with respect to the release of persons from detention; (a.1) the type of conditions that an officer, the Immigration Division or the Minister may impose with respect to the release of a person from detention; (a.2) the type of conditions that the Immigration Division must impose with respect to 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; (a.3) the conditions that an officer, the Immigration Division or the Minister must impose with respect to the release of a permanent resident or foreign national who is the subject of either a report on inadmissibility on grounds of security or a removal order for inadmissibility on grounds of security; (b) factors to be considered by an officer or the Immigration Division; and (c) special considerations that may apply in relation to the detention of minor children. 2001, c. 27, s. 61; 2012, c. 17, s. 28; 2013, c. 16, s. 36
Immigration and Refugee Protection Act — I-2.5 62
Competent jurisdiction 62 The Immigration Appeal Division is the competent Division of the Board with respect to appeals under this Division.
Immigration and Refugee Protection Act — I-2.5 63
Right to appeal — visa refusal of family class 63 (1) A person who has filed in the prescribed manner an application to sponsor a foreign national as a member of the family class may appeal to the Immigration Appeal Division against a decision not to issue the foreign national a permanent resident visa. Right to appeal — visa and removal order (2) A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) or made at an admissibility hearing. Right to appeal removal order (3) A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) or made at an admissibility hearing. Right of appeal — residency obligation (4) A permanent resident may appeal to the Immigration Appeal Division against a decision made outside of Canada on the residency obligation under section 28. Right of appeal — Minister (5) The Minister may appeal to the Immigration Appeal Division against a decision of the Immigration Division in an admissibility hearing. 2001, c. 27, s. 63; 2015, c. 3, s. 110
Immigration and Refugee Protection Act — I-2.5 64
No appeal for inadmissibility 64 (1) No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident has been found to be inadmissible on grounds of security, violating human or international rights, sanctions, serious criminality or organized criminality. Serious criminality (2) For the purpose of subsection (1), serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least six months or that is described in paragraph 36(1)(b) or (c). Misrepresentation (3) No appeal may be made under subsection 63(1) in respect of a decision that was based on a finding of inadmissibility on the ground of misrepresentation, unless the foreign national in question is the sponsor’s spouse, common-law partner or child. 2001, c. 27, s. 64; 2013, c. 16, s. 24 2023, c. 19, s. 11
Immigration and Refugee Protection Act — I-2.5 65
Humanitarian and compassionate considerations 65 In an appeal under subsection 63(1) or (2) respecting an application based on membership in the family class, the Immigration Appeal Division may not consider humanitarian and compassionate considerations unless it has decided that the foreign national is a member of the family class and that their sponsor is a sponsor within the meaning of the regulations.
Immigration and Refugee Protection Act — I-2.5 66
Disposition 66 After considering the appeal of a decision, the Immigration Appeal Division shall (a) allow the appeal in accordance with section 67; (b) stay the removal order in accordance with section 68; or (c) dismiss the appeal in accordance with section 69.
Immigration and Refugee Protection Act — I-2.5 67
Appeal allowed 67 (1) To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time that the appeal is disposed of, (a) the decision appealed is wrong in law or fact or mixed law and fact; (b) a principle of natural justice has not been observed; or (c) other than in the case of an appeal by the Minister, taking into account the best interests of a child directly affected by the decision, sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case. Effect (2) If the Immigration Appeal Division allows the appeal, it shall set aside the original decision and substitute a determination that, in its opinion, should have been made, including the making of a removal order, or refer the matter to the appropriate decision-maker for reconsideration.
Immigration and Refugee Protection Act — I-2.5 68
Removal order stayed 68 (1) To stay a removal order, the Immigration Appeal Division must be satisfied, taking into account the best interests of a child directly affected by the decision, that sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case. Effect (2) Where the Immigration Appeal Division stays the removal order (a) it shall impose any condition that is prescribed and may impose any condition that it considers necessary; (b) all conditions imposed by the Immigration Division are cancelled; (c) it may vary or cancel any non-prescribed condition imposed under paragraph (a); and (d) it may cancel the stay, on application or on its own initiative. Reconsideration (3) If the Immigration Appeal Division has stayed a removal order, it may at any time, on application or on its own initiative, reconsider the appeal under this Division. Termination and cancellation (4) If the Immigration Appeal Division has stayed a removal order against a permanent resident or a foreign national who was found inadmissible on grounds of serious criminality, criminality or transborder criminality, and they are convicted of another offence referred to in subsection 36(1), the stay is cancelled by operation of law and the appeal is terminated. 2001, c. 27, s. 68 2023, c. 32, s. 57
Immigration and Refugee Protection Act — I-2.5 69
Dismissal 69 (1) The Immigration Appeal Division shall dismiss an appeal if it does not allow the appeal or stay the removal order, if any. Minister’s Appeal (2) In the case of an appeal by the Minister respecting a permanent resident or a protected person, other than a person referred to in subsection 64(1), if the Immigration Appeal Division is satisfied that, taking into account the best interests of a child directly affected by the decision, sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case, it may make and may stay the applicable removal order, or dismiss the appeal, despite being satisfied of a matter set out in paragraph 67(1)(a) or (b). Removal order (3) If the Immigration Appeal Division dismisses an appeal made under subsection 63(4) and the permanent resident is in Canada, it shall make a removal order.