Section 45 — Determination
Text of provision
The Immigration Division, at the conclusion of an admissibility hearing, shall make one of the following decisions:
(a) recognize the right to enter Canada of a Canadian citizen within the meaning of the Citizenship Act, a person registered as an Indian under the Indian Act or a permanent resident;
(b) grant permanent resident status or temporary resident status to a foreign national if it is satisfied that the foreign national meets the requirements of this Act;
(c) authorize a permanent resident or a foreign national, with or without conditions, to enter Canada for further examination; or
(d) make the applicable removal order against a foreign national who has not been authorized to enter Canada, if it is not satisfied that the foreign national is not inadmissible, or against a foreign national who has been authorized to enter Canada or a permanent resident, if it is satisfied that the foreign national or the permanent resident is inadmissible.
Plain English
Section 45 sets out the decisions available to a member of the Immigration Division (ID) at the conclusion of an admissibility hearing. The member may:
- make a removal order if satisfied that the person is inadmissible;
- confirm that the person has the right to enter Canada (for citizens);
- allow the person to enter as a temporary resident or permanent resident; or
- impose terms and conditions on the person's entry or stay.
Practical effect
The admissibility hearing is a quasi-judicial proceeding at which the person may be represented by counsel, call witnesses, and present evidence. The standard of proof is the balance of probabilities for most grounds, though security grounds require "reasonable grounds to believe".
A removal order made under s 45 is a "departure order" (for first-time minor inadmissibility), "exclusion order" (for more serious inadmissibility), or "deportation order" (for the most serious cases). The type of order determines the consequence of not complying within the specified period.