Regulation 201 — Removal — destination
Text of provision
(1) A foreign national may apply for the renewal of their work permit if
(a) the application is made before their work permit expires; and
(b) they have complied with all conditions imposed on their entry into Canada.
(2) An officer shall renew the foreign national’s work permit if, following an examination, it is established that the foreign national continues to meet the requirements of section 200.
Plain English
Regulation 201 provides that a person subject to a removal order shall be removed to their country of nationality (for persons with nationality) or, where they have no nationality, to their country of habitual residence. Where removal to those countries is not possible, CBSA may remove to a third country that agrees to receive the person.
The non-refoulement obligation under s 115 of IRPA limits removal to countries where the person would face persecution or torture.
Practical effect
The destination-of-removal rule is straightforward for most cases — citizens are returned to their country of citizenship. It becomes complex where: (a) the person is stateless; (b) the person has multiple nationalities; or (c) the country refuses to accept the person. Countries that refuse to accept returns of their nationals can trigger diplomatic pressure and, in some cases, the Minister may move to suspend removal to countries that are non-cooperative (though this is rarely done formally). Stateless persons and persons who cannot be removed face indefinite practical limbo if no country will accept them.