Regulation 187 — Removal orders — departure order
Text of provision
(1) For the purposes of paragraph 186(a), a business visitor to Canada is a foreign national who is described in subsection (2) or who seeks to engage in international business activities in Canada without directly entering the Canadian labour market.
(2) The following foreign nationals are business visitors:
(a) foreign nationals purchasing Canadian goods or services for a foreign business or government, or receiving training or familiarization in respect of such goods or services;
(b) foreign nationals receiving or giving training within a Canadian parent or subsidiary of the corporation that employs them outside Canada, if any production of goods or services that results from the training is incidental; and
(c) foreign nationals representing a foreign business or government for the purpose of selling goods for that business or government, if the foreign national is not engaged in making sales to the general public in Canada.
(3) For the purpose of subsection (1), a foreign national seeks to engage in international business activities in Canada without directly entering the Canadian labour market only if
(a) the primary source of remuneration for the business activities is outside Canada; and
(b) the principal place of business and actual place of accrual of profits remain predominately outside Canada.
Plain English
Regulation 187 provides that a departure order is the removal order issued in the least serious circumstances — typically where a person has overstayed their authorised period of stay or violated a condition of their status without further inadmissibility. A departure order requires the person to leave Canada within 30 days of the order becoming enforceable.
If the person leaves Canada and confirms departure with CBSA, the order is satisfied and they may return to Canada (subject to obtaining any required visa). If they fail to leave, the departure order becomes a deportation order.
Practical effect
The departure order is the most common and least severe type of removal order. Persons who overstay their visa without committing other inadmissibility grounds typically receive departure orders. The 30-day window to comply allows the person time to arrange departure. Confirmation of departure through CBSA at the port of exit is important — failure to confirm means the departure order may be treated as non-complied with. Persons against whom a departure order has been issued can reapply to return to Canada through normal channels, subject to any applicable waiting periods or inadmissibility findings.