Section 68 — Stay of removal
Text of provision
(1) To stay a removal order, the Immigration Appeal Division must be satisfied, taking into account the best interests of a child directly affected by the decision, that sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case.
(2) Where the Immigration Appeal Division stays the removal order
(a) it shall impose any condition that is prescribed and may impose any condition that it considers necessary;
(b) all conditions imposed by the Immigration Division are cancelled;
(c) it may vary or cancel any non-prescribed condition imposed under paragraph (a); and
(d) it may cancel the stay, on application or on its own initiative.
(3) If the Immigration Appeal Division has stayed a removal order, it may at any time, on application or on its own initiative, reconsider the appeal under this Division.
(4) If the Immigration Appeal Division has stayed a removal order against a permanent resident or a foreign national who was found inadmissible on grounds of serious criminality, criminality or transborder criminality, and they are convicted of another offence referred to in subsection 36(1), the stay is cancelled by operation of law and the appeal is terminated.
Plain English
Section 68 authorises the IAD to stay a removal order rather than immediately set it aside, when the appeal succeeds on humanitarian and compassionate grounds. The IAD may impose conditions during the stay and may review compliance at regular intervals.
Section 68(2) allows the IAD to cancel the stay and dismiss the appeal if the conditions are not met. Section 68(3) provides that if a person who is subject to a stay is convicted of another offence, the stay is automatically cancelled.
Practical effect
A stay under s 68 effectively allows the person to remain in Canada lawfully while complying with the conditions. Typical conditions include: reporting to CBSA, maintaining employment, not committing further offences, and completing a rehabilitation program.
The stay period is not indefinite — the IAD monitors compliance and may eventually cancel the removal order outright if the person demonstrates sustained rehabilitation and establishment. A person who breaches the stay conditions loses the protection against removal immediately.