Section 49 — In force — effect of removal order
Text of provision
(1) A removal order comes into force on the latest of the following dates:
(a) the day the removal order is made, if there is no right to appeal;
(b) the day the appeal period expires, if there is a right to appeal and no appeal is made; and
(c) the day of the final determination of the appeal, if an appeal is made.
(2) Despite subsection (1), a removal order made with respect to a refugee protection claimant is conditional and comes into force on the latest of the following dates:
(a) the day the claim is determined to be ineligible only under paragraph 101(1)(e);
(b) in a case other than that set out in paragraph (a), seven days after the claim is determined to be ineligible;
(c) if the claim is rejected by the Refugee Protection Division, on the expiry of the time limit referred to in subsection 110(2.1) or, if an appeal is made, 15 days after notification by the Refugee Appeal Division that the claim is rejected;
(d) 15 days after notification that the claim is declared withdrawn or abandoned; and
(e) 15 days after proceedings are terminated as a result of notice under paragraph 104(1)(c) or (d).
Plain English
Section 49 specifies when a removal order becomes enforceable (comes into force). A removal order generally comes into force when it is made, but this is deferred in certain circumstances, such as when an appeal has been filed with the Immigration Appeal Division (IAD) or when a judicial review stay is in effect.
Once a removal order comes into force, the person must leave Canada and cannot return without the appropriate authorization. A deportation order creates a permanent bar to re-entry without written permission of the Minister.
Practical effect
Understanding when a removal order is "in force" is critical because the obligation to leave Canada, and the bar on re-entry, arise at that moment. Key points:
- Types of removal orders — there are three types: departure order (person must leave within 30 days), exclusion order (person is excluded for one year or two years for misrepresentation), and deportation order (permanent bar unless written ministerial permission obtained)
- Deferred enforcement — a removal order is stayed when an IAD appeal is validly filed (s 49(1)(b)); when a judicial review application is filed and a stay is granted; or during certain refugee proceedings
- Voluntary departure — compliance with a departure order results in a departure record that does not create a re-entry bar; the person may apply to return through normal immigration channels
- Interaction with refugee claims — a removal order made against a claimant is stayed while the refugee claim is pending before the RPD and, if appealed, the RAD