Section 46 — Loss of permanent resident status
Text of provision
(1) A person loses permanent resident status
(a) when they become a Canadian citizen;
(b) on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section 28;
(c) when a removal order made against them comes into force;
(c.1) on a final determination under subsection 108(2) that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d);
(d) on a final determination under section 109 to vacate a decision to allow their claim for refugee protection or a final determination to vacate a decision to allow their application for protection; or
(e) on approval by an officer of their application to renounce their permanent resident status.
(1.1) A person who loses their permanent resident status under paragraph (1)(e) becomes a temporary resident for a period of six months unless they make their application to renounce their permanent resident status at a port of entry or are not physically present in Canada on the day on which their application is approved.
(2) A person becomes a permanent resident if he or she ceases to be a citizen under
(a) paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, other than in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force;
(b) subsection 10(1) of the Citizenship Act, other than in the circumstances set out in section 10.2 of that Act; or
(c) subsection 10.1(3) of the Citizenship Act, other than in the circumstances set out in section 10.2 of that Act.
Plain English
Section 46 sets out the exhaustive list of circumstances in which permanent resident status is lost:
- Becoming a citizen (s 46(1)(a)) — permanent resident status is automatically lost on becoming a Canadian citizen
- Final determination of inadmissibility (s 46(1)(b)) — a final determination on a report prepared under s 44(1) that the person is inadmissible on grounds of security, violating human or international rights, or serious criminality
- Voluntarily renouncing status (s 46(1)(c)) — signing a declaration before an officer
- Becoming a protected person outside Canada (s 46(1)(c.1))
- Failure to comply with residency obligation (s 46(1)(d)) — when a removal order becomes enforceable against a person found to have failed to comply with the residency obligation in s 28
Practical effect
Permanent resident status is not lost merely by being issued a removal order — status is lost only when specified events occur under s 46. A permanent resident with a deportation order who has not yet had a final removal decision retains their status.
The residency obligation requires a permanent resident to be physically present in Canada for at least 730 days in every five-year period. This is assessed on a rolling basis. Absences for employment by a Canadian business, accompanying a Canadian citizen spouse, or as an accompanying family member of a permanent resident employed abroad can count towards the 730-day requirement.
A permanent resident who receives a removal order for failing to comply with the residency obligation has a right of appeal to the Immigration Appeal Division before the order becomes enforceable.