Regulation 234 — Removal costs — liability of foreign national
Text of provision
For greater certainty and for the purposes of paragraph 50(a) of the Act, a decision made in a judicial proceeding would not be directly contravened by the enforcement of a removal order if
(a) there is an agreement between the Canada Border Services Agency and the Attorney General of Canada or the attorney general of a province that criminal charges will be withdrawn or stayed on the removal of the person from Canada; or
(b) there is an agreement between the Canada Border Services Agency and the Attorney General of Canada or the attorney general of a province to withdraw or cancel any summons or subpoena on the removal of the person from Canada.
Plain English
Regulation 234 provides that a foreign national who has been removed from Canada is liable to the Crown for the costs of removal, including transportation, escort, and detention costs. The Crown may seek to recover these costs through legal action.
In practice, enforcement of cost recovery against removed persons is uncommon, but the provision may affect any future applications the person makes to return to Canada.
Practical effect
The cost recovery provision is rarely actively enforced but can be used as a bar on future applications where a person seeks to return to Canada after removal. Outstanding removal cost debts may be disclosed as a condition for future applications. For persons who were escorted during removal (due to security risks or non-compliance), the costs can be substantial. The provision reflects the policy that persons who create enforcement costs should bear responsibility for them.