Removal orders — three types and consequences
Overview
Canadian immigration law recognises three types of removal orders under the Immigration and Refugee Protection Act (IRPA): departure orders, exclusion orders, and deportation orders. Each has different consequences for the person's ability to return to Canada. A departure order has the fewest consequences; a deportation order has the most serious — requiring an Authorization to Return to Canada (ARC) before re-entry is permitted.
The type of removal order issued depends on the ground of inadmissibility and the person's immigration status. The Immigration Division or the border officer issuing the order must issue the appropriate type as specified in the IRPA and the regulations.
Legal basis
- IRPA ss 44–46 — the inadmissibility and removal order framework
- IRPA s 224 — departure orders become exclusion orders automatically if not complied with
- IRPR s 223–229 — the types of removal orders and their consequences
- IRPA s 52 — authorization to return to Canada after a deportation order
How it works
1. Departure order
A departure order requires the person to leave Canada. If the person leaves within 30 days and confirms their departure at the port of exit, the departure order is satisfied and there is no prohibition on returning to Canada (subject to any other inadmissibility ground). Key features:
- Typically issued for less serious inadmissibility grounds (e.g., failing to comply with the Act, non-serious criminality)
- If not complied with within 30 days (i.e., the person does not leave), the departure order automatically becomes an exclusion order
- Compliance requires confirming departure with a CBSA officer at the port of exit
2. Exclusion order
An exclusion order requires the person to leave Canada and prohibits them from returning for a specified period. Key features:
- The standard exclusion period is 1 year
- For misrepresentation findings under s 40, the exclusion period is 2 years
- After the exclusion period expires, the person may return to Canada if otherwise admissible
- An ARC is not required after an exclusion order — the person may re-apply normally after the exclusion period
3. Deportation order
A deportation order is the most serious removal order. A person subject to a deportation order is removed from Canada and requires a written Authorization to Return to Canada (ARC) from IRCC before they can return. Key features:
- Issued for the most serious inadmissibility grounds — security (s 34), human rights violations (s 35), serious criminality (s 36(1)), organised criminality (s 37), and in some misrepresentation cases
- The ARC requirement applies indefinitely — there is no time limit after which the person can return without an ARC
- Applications for an ARC are assessed on a case-by-case basis and are not routinely granted
Conversion and enforcement
A departure order that is not complied with within 30 days automatically converts to an exclusion order under IRPA s 224. The CBSA is responsible for enforcing removal orders — persons who remain in Canada after a removal order becomes enforceable are subject to arrest and forced removal.
Staying removal
A removal order may be stayed (suspended) pending judicial review or an IAD appeal. The Federal Court may grant a stay on application. A negative IAD decision does not automatically stay a removal order. Stays are temporary — the removal order remains in effect unless overturned on the merits.