Regulation 196 — Stay of removal — humanitarian considerations
Text of provision
A foreign national must not work in Canada unless authorized to do so by a work permit or these Regulations.
Plain English
Regulation 196 provides that a removal order is stayed where the person has an outstanding H&C application under s 25(1) of IRPA that was filed before a removal order was issued, and the removal order was not issued for reasons of serious criminality or security. The stay lasts until the H&C application is decided.
Stays of removal under r 196 are automatic in the prescribed circumstances — the person does not need to apply separately for the stay.
Practical effect
The automatic stay for persons with pending H&C applications was a significant protection. However, the CBSA may proceed with removal despite a pending H&C in cases involving serious criminality or security grounds — the stay does not apply in those circumstances. For persons at risk of imminent removal, an H&C application filed in good time (before any removal order) provides the most reliable protection through this automatic stay. Persons who file H&C applications after a removal order is issued do not receive an automatic stay and must apply to the Federal Court for a stay.