Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Marginal note: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; or

  • (d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination under subsection 114(3) to vacate a decision to allow their application for protection.

• Marginal note:Permanent resident

  (2) A person who ceases to be a citizen under paragraph 10(1)(a) of the Citizenship Act, other than in the circumstances set out in subsection 10(2) of that Act, becomes a permanent resident.

Marginal note: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.

Marginal note:Enforceable removal order

• 48. (1) A removal order is enforceable if it has come into force and is not stayed.

• Marginal note:Effect

  (2) If a removal order is enforceable, the foreign national against whom it was made must leave Canada immediately and it must be enforced as soon as is reasonably practicable.

Marginal note:In force

• 49. (1) A removal order comes into force on the latest of the following dates:

  • (a) the day the removal order is made, if there is no right to appeal;

  • (b) the day the appeal period expires, if there is a right to appeal and no appeal is made; and

  • (c) the day of the final determination of the appeal, if an appeal is made.

• Marginal note:In force — claimants

  (2) Despite subsection (1), a removal order made with respect to a refugee protection claimant is conditional and comes into force on the latest of the following dates:

  • (a) the day the claim is determined to be ineligible only under paragraph 101(1)(e);

  • (b) in a case other than that set out in paragraph (a), seven days after the claim is determined to be ineligible;

  • (c) 15 days after notification that the claim is rejected by the Refugee Protection Division, if no appeal is made, or by the Refugee Appeal Division, if an appeal is made;

  • (d) 15 days after notification that the claim is declared withdrawn or abandoned; and

  • (e) 15 days after proceedings are terminated as a result of notice under paragraph 104(1)(c) or (d).