Section 56 — Release conditions
Text of provision
(1) An officer may order the release from detention of a permanent resident or a foreign national before the first detention review by the Immigration Division if the officer is of the opinion that the reasons for the detention no longer exist. The officer may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that the officer considers necessary.
(2) Despite subsection (1), a designated foreign national who is detained under this Division and who was 16 years of age or older on the day of the arrival that is the subject of the designation in question must be detained until
(a) a final determination is made to allow their claim for refugee protection or application for protection;
(b) they are released as a result of the Immigration Division ordering their release under section 58; or
(c) they are released as a result of the Minister ordering their release under section 58.1.
(3) If an officer orders the release of a permanent resident or foreign national who is the subject of either a report on inadmissibility on grounds of security that is referred to the Immigration Division or a removal order for inadmissibility on grounds of security, the officer must also impose the prescribed conditions on the person.
(4) The prescribed conditions imposed under subsection (3) cease to apply only when one of the events described in paragraphs 44(5)(a) to (e) occurs.
Plain English
Section 56(1) allows an officer to release a detained foreign national or permanent resident from detention on any conditions that the officer considers necessary, including the requirement to report to an officer periodically, to remain in Canada, and to provide a deposit or guarantee.
Section 56(2) provides that conditions may be imposed, varied, or cancelled at any detention review. The Immigration Division may impose more restrictive or more lenient conditions depending on the circumstances of the detention.
Practical effect
Release conditions under s 56 are a key mechanism for managing immigration detainees who are not immediate removal risks but whose detention is no longer justified. Typical conditions include regular reporting to a CBSA officer, surrender of travel documents, requirements to reside at a specific address, and electronic monitoring. Breach of conditions can result in re-detention. A bondsperson may be required as part of release conditions.