Regulation 232 — Voluntary departure — departure order
Text of provision
A removal order is stayed when a person is notified by the Department under subsection 160(3) that they may make an application under subsection 112(1) of the Act, and the stay is effective until the earliest of the following events occurs:
(a) the Department receives confirmation in writing from the person that they do not intend to make an application;
(b) the person does not make an application within the period provided under section 162;
(c) the application for protection is rejected;
(d) [Repealed, SOR/2012-154, s. 12]
(e) if a decision to allow the application for protection is made under paragraph 114(1)(a) of the Act, the decision with respect to the person’s application to remain in Canada as a permanent resident is made; and
(f) in the case of a person to whom subsection 112(3) of the Act applies, the stay is cancelled under subsection 114(2) of the Act.
Plain English
Regulation 232 provides that a foreign national who is the subject of a departure order must depart within 30 days of the order becoming enforceable. The person must present themselves to a CBSA officer at a designated port of exit. The departure order is satisfied once CBSA confirms the departure in the IRCC system.
Practical effect
The 30-day voluntary departure window gives the person a brief period to arrange their affairs before leaving Canada. During this period, they cannot work or study without existing authorisation. The confirmation of departure is important — a departure that is not confirmed by CBSA may be treated as non-compliance, converting the departure order to a deportation order. Persons who believe they have left Canada but whose departure was not recorded should contact CBSA for confirmation.