Exclusion order
Statutory definition
IRPR s 228 specifies when exclusion orders are appropriate. They are issued for most non-criminal inadmissibility findings under s 41 (non-compliance) and for some s 40 (misrepresentation) findings. The bar period is 1 year from the date the order takes effect, or 2 years for misrepresentation. After the bar period, the person may return to Canada without an ARC (unless other inadmissibility grounds apply).
Explanation
An exclusion order is the intermediate-severity removal order. It is more common than deportation orders for persons who have violated the terms of their status (overstays, working without authorisation). The 2-year bar for misrepresentation is particularly significant — persons who misrepresented their application are excluded for 2 years and may also face a 5-year bar on certain applications under s 40 IRPA. Exclusion orders can be appealed to the IAD if the person is a PR or has other appeal rights.