Removal order
Statutory definition
Section 44 of the Immigration and Refugee Protection Act, SC 2001, c 27, authorises an officer who believes a person is inadmissible to prepare a report. Section 45 provides for the Immigration Division (ID) to hold an admissibility hearing after which it may make a removal order. Section 48 provides for the enforcement of removal orders once they are in force.
Explanation
A removal order is the legal instrument requiring a person to leave Canada. The type of removal order issued depends on the ground and circumstances of inadmissibility:
- Departure order — least serious; the person must leave within 30 days and confirm departure; re-entry is not automatically barred
- Exclusion order — the person is excluded from Canada for one year (two years for misrepresentation); after the exclusion period, re-entry requires the normal visa process
- Deportation order — permanent bar on re-entry without written authorisation from the Minister; issued for serious criminality, security, and certain other grounds
Removal orders do not come into force (and therefore cannot be enforced) while certain proceedings are pending, including IAD appeals and judicial review stays.
How this term is used
A person who becomes the subject of a removal order should promptly determine whether they have a right of appeal to the IAD and whether a stay is available. Overstaying after a removal order is enforceable can create additional grounds of inadmissibility. Voluntary compliance with a departure order is generally treated differently from enforced removal.