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

Marginal note: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;

• (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.

Marginal note: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.

Marginal note: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).

• Marginal note: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.

• Marginal note: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, serious criminality, criminality or organized criminality.

• Marginal note: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.

• Marginal note: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.