Under IRPA s 68, the Immigration Appeal Division (IAD) has the power to stay a removal order — rather than allowing or dismissing an appeal outright — where it is satisfied that sufficient humanitarian and compassionate (H&C) considerations warrant staying the removal but where the circumstances do not yet justify allowing the appeal entirely.

A stay allows the person to remain in Canada for a period of time — typically two to three years — subject to conditions. At the end of the stay period, the IAD reviews whether the conditions have been met and whether the appeal should now be allowed or whether the stay should be extended or the appeal dismissed.

• IRPA s 68(1) — the IAD may, instead of allowing or dismissing an appeal, stay the removal order if satisfied that sufficient H&C considerations warrant staying the removal, taking into account the best interests of a child directly affected
• IRPA s 68(2) — the IAD may impose any conditions it considers necessary
• IRPA s 68(3) — the IAD may, at any time, reconsider the stay and confirm, vary, or rescind the conditions, or dismiss the appeal
• IRPA s 68(4) — automatic termination: if the person is convicted of a further offence under s 36(1) (serious criminality) after the stay is granted, the stay is automatically terminated
• IRPA s 69(2) — the IAD may reconsider a decision to stay on application by the appellant or Minister, or on its own initiative

When a stay is ordered

A stay is ordered where the IAD's H&C analysis leads it to conclude that:

• The circumstances favour special relief; but
• A permanent outcome (allowing the appeal) is premature — for example, because the person has not yet demonstrated sustained rehabilitation, or the H&C factors are positive but the criminal conduct was serious enough to warrant monitoring

Stays are most commonly granted in appeals involving criminality where the person has community ties, family, and demonstrates rehabilitation, but where the IAD is not yet satisfied that the removal order should be set aside permanently.

Conditions of a stay

The IAD has broad power to impose conditions on a stay. Common conditions include:

• Mandatory conditions: The person must not be convicted of any criminal offence during the stay period; must report address changes to CBSA; must comply with all reporting obligations to CBSA
• Discretionary conditions: Remain employed; complete counselling or treatment programs; report to the IAD on progress; have no contact with certain persons; surrender a passport; attend and complete an immigration course or program

Conditions are tailored to the circumstances of each case — a person with substance abuse history may be required to complete treatment; a person with domestic violence history may be required to complete a relevant program.

Monitoring and reconsideration

The IAD may reconsider a stay at any time under s 68(3). Reconsideration may be triggered by:

• An application by either the appellant or Minister's counsel (CBSA)
• The IAD acting on its own initiative — for example, after receiving information that the person has breached a condition or committed a new offence

At the scheduled review date (when the stay expires), the IAD holds a reconsideration hearing. If conditions have been met and H&C factors remain positive, the IAD may allow the appeal, quashing the removal order. If conditions have been breached or circumstances have deteriorated, the IAD may dismiss the appeal, allowing removal to proceed.

Automatic termination under s 68(4)

A stayed removal order is automatically terminated — without the need for a reconsideration hearing — if the person is convicted of an offence described in s 36(1) (serious criminality: punishable by a maximum term of imprisonment of at least 10 years, or sentenced to more than 6 months) after the stay was granted. This automatic termination applies even if the person had otherwise been complying with all conditions of the stay.

In this circumstance, the person loses their right to appeal to the IAD (under the exclusion in s 64) and is subject to removal.

A stay is distinct from an allowance of the appeal — during the stay period, the removal order technically remains in place but is not executable. If the appeal is ultimately allowed at the review, the removal order is quashed. If the appeal is dismissed at review, the removal order becomes enforceable and CBSA may proceed to remove the person.

For the IRB's detailed guidance on stays, conditions, and reconsideration, refer to IAD Removal Order Appeals — Chapter 10: Remedies and Conditions of a Stay (IRB Legal Services).