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

Regulations are current to 2018-07-05 and last amended on 2018-06-05. Previous Versions

Marginal note:Failure to comply with conditions

 Despite Division 2, a study permit shall not be issued to a foreign national who has engaged in unauthorized work or study in Canada or who has failed to comply with a condition of a permit unless

  • (a) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition;

  • (b) the work or study was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c); or

  • (c) the foreign national was subsequently issued a temporary resident permit under subsection 24(1) of the Act.

  • SOR/2004-167, s. 62.

DIVISION 5Validity and Expiry of Study Permits

Marginal note:Invalidity
  •  (1) A study permit becomes invalid upon the first to occur of the following days:

    • (a) the day that is 90 days after the day on which the permit holder completes their studies,

    • (b) the day on which a removal order made against the permit holder becomes enforceable, or

    • (c) the day on which the permit expires.

  • Marginal note:Exception

    (2) Paragraph (1)(a) does not apply to

    • (a) a person described in any of paragraphs 300(2)(a) to (i); or

    • (b) a family member of a foreign national who resides in Canada and is described in any of paragraphs 215(2)(a) to (i).

  • SOR/2014-14, s. 16.

PART 13Removal

DIVISION 1Removal Orders

Marginal note:Types of removal order

 There are three types of removal orders, namely, departure orders, exclusion orders and deportation orders.

Marginal note:Departure order
  •  (1) For the purposes of subsection 52(1) of the Act, an enforced departure order is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • Marginal note:Requirement

    (2) A foreign national who is issued a departure order must meet the requirements set out in paragraphs 240(1)(a) to (c) within 30 days after the order becomes enforceable, failing which the departure order becomes a deportation order.

  • Marginal note:Exception — stay of removal and detention

    (3) If the foreign national is detained within the 30-day period or the removal order against them is stayed, the 30-day period is suspended until the foreign national’s release or the removal order becomes enforceable.

  • SOR/2011-126, s. 5.
Marginal note:Exclusion order
  •  (1) For the purposes of subsection 52(1) of the Act, and subject to subsections (3) and (4), an exclusion order obliges the foreign national to obtain a written authorization in order to return to Canada during the one-year period after the exclusion order was enforced.

  • Marginal note:Exception

    (2) For the purposes of subsection 52(1) of the Act, the expiry of a one-year period following the enforcement of an exclusion order, or a five-year period if subsection (3) applies, is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • Marginal note:Misrepresentation

    (3) A foreign national who is issued an exclusion order as a result of the application of paragraph 40(2)(a) of the Act must obtain a written authorization in order to return to Canada within the five-year period after the exclusion order was enforced.

  • Marginal note:Application of par. 42(1)(b) of the Act

    (4) For the purposes of subsection 52(1) of the Act, the making of an exclusion order against a foreign national on the basis of inadmissibility under paragraph 42(1)(b) of the Act is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • SOR/2011-126, s. 6;
  • SOR/2014-269, ss. 4, 7.
Marginal note:Deportation order
  •  (1) For the purposes of subsection 52(1) of the Act, and subject to subsection (2), a deportation order obliges the foreign national to obtain a written authorization in order to return to Canada at any time after the deportation order was enforced.

  • Marginal note:Application of par. 42(1)(b) of the Act

    (2) For the purposes of subsection 52(1) of the Act, the making of a deportation order against a foreign national on the basis of inadmissibility under paragraph 42(1)(b) of the Act is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • Marginal note:Removal order — certificate

    (3) For the purposes of subsection 52(1) of the Act, a removal order referred to in section 80 of the Act obliges the foreign national to obtain a written authorization in order to return to Canada at any time after the removal order was enforced.

  • SOR/2011-126, s. 7;
  • SOR/2014-269, s. 7;
  • SOR/2016-136, s. 5.
Marginal note:Report — family members
  •  (1) For the purposes of section 42 of the Act, a report prepared under subsection 44(1) of the Act against a foreign national is also a report against the foreign national’s family members in Canada.

  • Marginal note:Removal — family members

    (2) A removal order made by the Immigration Division against a foreign national is also a removal order against their family members in Canada to whom subsection (1) applies if

    • (a) an officer informed the family members of the report, that they are the subject of an admissibility hearing and of their right to make submissions and be represented, at their own expense, at the admissibility hearing; and

    • (b) the family members are subject to a decision of the Immigration Division that they are inadmissible under section 42 of the Act on grounds of the inadmissibility of the foreign national.

  • SOR/2016-136, s. 6(E).

DIVISION 2Specified Removal Order

Marginal note:Subsection 44(2) of the Act — foreign nationals
  •  (1) For the purposes of subsection 44(2) of the Act, and subject to subsections (3) and (4), if a report in respect of a foreign national does not include any grounds of inadmissibility other than those set out in the following circumstances, the report shall not be referred to the Immigration Division and any removal order made shall be

    • (a) if the foreign national is inadmissible under paragraph 36(1)(a) or (2)(a) of the Act on grounds of serious criminality or criminality, a deportation order;

    • (b) if the foreign national is inadmissible under paragraph 40(1)(c) of the Act on grounds of misrepresentation, a deportation order;

    • (b.1) if the foreign national is inadmissible under subsection 40.1(1) of the Act on grounds of the cessation of refugee protection, a departure order;

    • (c) if the foreign national is inadmissible under section 41 of the Act on grounds of

      • (i) failing to appear for further examination or an admissibility hearing under Part 1 of the Act, an exclusion order,

      • (ii) failing to obtain the authorization of an officer required by subsection 52(1) of the Act, a deportation order,

      • (iii) failing to establish that they hold the visa or other document as required under section 20 of the Act, an exclusion order,

      • (iv) failing to leave Canada by the end of the period authorized for their stay as required by subsection 29(2) of the Act, an exclusion order,

      • (v) failing to comply with subsection 29(2) of the Act as a result of non-compliance with any condition set out in section 184 or subsection 220.1(1), an exclusion order, or

      • (vi) failing to comply with the requirement under subsection 20(1.1) of the Act to not seek to enter or remain in Canada as a temporary resident while being the subject of a declaration made under subsection 22.1(1) of the Act, an exclusion order;

    • (d) subject to paragraph (e), if the foreign national is inadmissible under section 42 of the Act on grounds of an inadmissible family member, the same removal order as was made in respect of the inadmissible family member; and

    • (e) if the foreign national is inadmissible on grounds of an inadmissible family member in accordance with paragraph 42(2)(a) of the Act, a deportation order.

  • Marginal note:Subsection 44(2) of the Act — permanent residents

    (2) For the purposes of subsection 44(2) of the Act, if a removal order is made against a permanent resident who fails to comply with the residency obligation under section 28 of the Act, the order shall be a departure order.

  • Marginal note:Eligible claim for refugee protection

    (3) 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 any of subparagraphs (1)(c)(i) and (iii) to (v).

  • Marginal note:Reports in respect of certain foreign nationals

    (4) For the purposes of subsection (1), a report in respect of a foreign national does not include a report in respect of a foreign national who

    • (a) is under 18 years of age and not accompanied by a parent or an adult legally responsible for them; or

    • (b) is unable, in the opinion of the Minister, to appreciate the nature of the proceedings and is not accompanied by a parent or an adult legally responsible for them.

  • SOR/2004-167, s. 63;
  • SOR/2013-210, s. 4;
  • SOR/2014-14, s. 17;
  • SOR/2014-237, s. 1;
  • SOR/2014-269, s. 5.
 
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