Regulation 181 — Release from detention
Text of provision
(1) A foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if
(a) the application is made by the end of the period authorized for their stay; and
(b) they have complied with all conditions imposed on their entry into Canada.
(2) An officer shall extend the foreign national’s authorization to remain in Canada as a temporary resident if, following an examination, it is established that the foreign national continues to meet the requirements of section 179.
Plain English
Regulation 181 provides that an officer releasing a detained person may impose any conditions that the officer considers necessary, including requirements to report to an officer, to remain in Canada, to reside at a specified address, and to provide a deposit or guarantee (bondsperson). The officer must consider the person's circumstances, the reasons for detention, and the alternatives available.
Practical effect
Release from detention under r 181 is a balancing exercise between the public interest in enforcement and the rights of the individual. Conditions must be proportionate to the assessed risk. The IRCC/CBSA National Standards for release conditions provide guidance on appropriate conditions for different risk levels. Electronic monitoring bracelets are increasingly used as an alternative to detention for persons who pose moderate flight risk.