Section 174 — Judicial enforcement of decisions
Text of provision
(1) The Immigration Appeal Division is a court of record and shall have an official seal, which shall be judicially noticed.
(2) The Immigration Appeal Division has all the powers, rights and privileges vested in a superior court of record with respect to any matter necessary for the exercise of its jurisdiction, including the swearing and examination of witnesses, the production and inspection of documents and the enforcement of its orders.
Plain English
Section 174 provides that any order or decision of the Board may, for the purpose of enforcement, be made an order of the Federal Court. The Federal Court has jurisdiction to enforce such orders as if they were orders of the Court.
This provision is most relevant in the context of conditions imposed by the IAD on a stay of removal, and in proceedings where parties fail to comply with IRB orders.
Practical effect
In practice, the enforcement provision is rarely used because most IRB decisions are given effect through the immigration enforcement system (CBSA removal officers, IRCC processing) rather than through judicial enforcement. It is more relevant where a party has been ordered to pay costs or comply with specific conditions that can only be enforced through the courts rather than through administrative channels.