Regulation 230 — Removal orders — waivers
Text of provision
(1) The Minister may impose a stay on removal orders with respect to a country or a place if the circumstances in that country or place pose a generalized risk to the entire civilian population as a result of
(a) an armed conflict within the country or place;
(b) an environmental disaster resulting in a substantial temporary disruption of living conditions; or
(c) any situation that is temporary and generalized.
(2) The Minister may cancel the stay if the circumstances referred to in subsection (1) no longer pose a generalized risk to the entire civilian population.
(3) The stay does not apply to a person who
(a) is inadmissible under subsection 34(1) of the Act on security grounds;
(b) is inadmissible under subsection 35(1) of the Act on grounds of violating human or international rights;
(b.1) is inadmissible under subsection 35.1(1) of the Act on grounds of sanctions;
(c) is inadmissible under subsection 36(1) of the Act on grounds of serious criminality, under subsection 36(2) of the Act on grounds of criminality or under subsection 36(2.1) of the Act on grounds of transborder criminality;
(d) is inadmissible under subsection 37(1) of the Act on grounds of organized criminality;
(e) is a person referred to in section F of Article 1 of the Refugee Convention; or
(f) informs the Minister in writing that they consent to their removal to a country or place to which a stay of removal applies.
Plain English
Regulation 230 provides that a person against whom a removal order has been made may waive their right to appeal to the IAD and request a departure order be issued instead, allowing them to leave voluntarily within 30 days. This avoids the more serious consequences of an exclusion or deportation order in some circumstances.
Practical effect
Waiving appeal rights in exchange for a departure order is sometimes advisable where the person has no realistic prospect of a successful appeal and wants to preserve their ability to return to Canada in the future. A departure order has the least restrictive consequences for re-entry (no bar, subject to other inadmissibility). Practitioners must advise clients carefully before waiving appeal rights — the waiver is generally irrevocable, and there may be grounds for an appeal that are not immediately apparent.