Section 48 — Removal order — obligation to leave Canada
Text of provision
(1) A removal order is enforceable if it has come into force and is not stayed.
(2) If a removal order is enforceable, the foreign national against whom it was made must leave Canada immediately and the order must be enforced as soon as possible.
Plain English
Section 48 creates the obligation to comply with a removal order. Once a removal order becomes enforceable (under s 49), the foreign national must leave Canada immediately and comply with the order. An officer must remove the person as soon as reasonably practicable.
A removal order becomes enforceable when all appeal and judicial review rights have been exhausted or when the applicable time periods have expired without an appeal being filed.
Practical effect
Section 48 is the operative provision that requires physical departure from Canada. The CBSA enforces removal orders and may detain persons who are removal risks if necessary to effect removal.
A person who has been issued a removal order but whose removal has been stayed (e.g., by an IAD decision or a Federal Court order) remains in Canada lawfully during the stay period. The obligation to leave under s 48 is suspended while a valid stay is in effect.