;

Bill C-11

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	(b) in a case other than that set out in paragraph (a), seven days after the claim is determined to be ineligible;
	(c) 15 days after notification that the claim is rejected by the Refugee Protection Division, if no appeal is made, or by the Refugee Appeal Division, if an appeal is made;
	(d) 15 days after notification that the claim is declared withdrawn or abandoned; and
	(e) 15 days after proceedings are terminated as a result of notice under paragraph 104(1)(c) or (d).
Stay	50. A removal order is stayed
	(a) if a decision that was made in a judicial proceeding - at which the Minister shall be given the opportunity to make submissions - would be directly contravened by the enforcement of the removal order;
	(b) in the case of a foreign national sentenced to a term of imprisonment in Canada, until the sentence is completed;
	(c) for the duration of a stay imposed by the Immigration Appeal Division or any other court of competent jurisdiction;
	(d) for the duration of a stay under paragraph 114(1)(b); and
	(e) for the duration of a stay imposed by the Minister.
Void - permanent residence	51. A removal order that has not been enforced becomes void if the foreign national becomes a permanent resident.
No return without prescribed authorization	52. (1) If a removal order has been enforced, the foreign national shall not return to Canada, unless authorized by an officer or in other prescribed circumstances.
Return to Canada	(2) If a removal order for which there is no right of appeal has been enforced and is subsequently set aside in a judicial review, the foreign national is entitled to return to Canada at the expense of the Minister.
	Regulations
Regulations	53. The regulations may provide for any matter relating to the application of this Division, and may include provisions respecting
	(a) conditions that may or must be imposed, varied, or cancelled, individually or by class, on foreign nationals;
	(b) the circumstances in which a removal order shall be made or confirmed against a foreign national;
	(c) the circumstances in which status may be restored;
	(d) the circumstances in which a removal order may be stayed, including a stay imposed by the Minister and a stay that is not expressly provided for by this Act;
	(e) the effect and enforcement of removal orders;
	(f) the effect of a pardon under the Criminal Records Act on the status of foreign nationals and removal orders made against them; and
	(g) the financial obligations that may be imposed with respect to a removal order.
	DIVISION 6
	DETENTION AND RELEASE
Immigration Division	54. The Immigration Division is the competent Division of the Board with respect to the review of reasons for detention under this Division.
Arrest and detention with warrant	55. (1) An officer may issue a warrant for the arrest and detention of a foreign national who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, an admissibility hearing or removal from Canada.
Arrest and detention without warrant	(2) An officer may, without a warrant, arrest and detain a foreign national, other than a permanent resident or a protected person,
	(a) who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, an admissibility hearing or removal from Canada; or
	(b) if the officer is not satisfied of the identity of the foreign national in the course of any procedure under this Act.
Detention on entry	(3) A foreign national may, on entry into Canada, be detained if an officer
	(a) considers it necessary to do so in order for the examination to be completed; or
	(b) has reasonable grounds to suspect that the foreign national is inadmissible on grounds of security or for violating human or international rights.
Notice	(4) If a foreign national is taken into detention, an officer shall without delay give notice to the Immigration Division.
Release - officer	56. An officer may order the release from detention of a foreign national before the first detention review by the Immigration Division if the officer is of the opinion that the reasons for the detention no longer exist.
Review of detention	57. (1) Within 48 hours after a foreign national is taken into detention, or without delay afterward, the Immigration Division must review the reasons for the continued detention.
Further review	(2) At least once during the seven days following the review under subsection (1), and at least once during each 30-day period following each previous review, the Immigration Division must review the reasons for the continued detention.
Presence of foreign national	(3) In a review under subsection (1) or (2), an officer shall bring the foreign national before the Immigration Division or to a place specified by it.
Release - Immigration Division	58. (1) The Immigration Division shall order the release of a foreign national unless it is satisfied, taking into account prescribed factors, that
	(a) they are a danger to the public;
	(b) they are unlikely to appear for examination, an admissibility hearing or removal from Canada;
	(c) the Minister is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on grounds of security or for violating human or international rights; or
	(d) the Minister is of the opinion that their identity has not been, but may be, established and they have not reasonably cooperated with the Minister by providing relevant information for the purpose of establishing their identity or the Minister is making reasonable efforts to establish their identity.
Detention - Immigration Division	(2) The Immigration Division may order the detention of a foreign national if it is satisfied that the foreign national is the object of an admissibility hearing or is subject to a removal order and that the foreign national is a danger to the public or is unlikely to appear for examination, an admissibility hearing or removal from Canada.
Incarcerated foreign nationals	59. If a warrant for arrest and detention under this Act is issued with respect to a foreign national who is detained under another Act of Parliament in an institution, the person in charge of the institution shall deliver the inmate to an officer at the end of the inmate's period of detention in the institution.
Minor children	60. For the purposes of this Division, it is affirmed as a principle that a minor child shall be detained only as a measure of last resort, taking into account the other applicable grounds and criteria.
Regulations	61. The regulations may provide for the application of this Division, and may include provisions respecting
	(a) grounds for and conditions and criteria with respect to the release of persons from detention;
	(b) factors to be considered by an officer or the Immigration Division; and
	(c) special considerations that may apply in relation to the detention of minor children.
	DIVISION 7
	RIGHT OF APPEAL
Competent jurisdiction	62. The Immigration Appeal Division is the competent Division of the Board with respect to appeals under this Division.
Right to appeal - visa refusal of family class	63. (1) A person who has filed in the prescribed manner an application to sponsor a foreign national as a member of the family class may appeal to the Immigration Appeal Division against a decision not to issue the foreign national a permanent resident visa.
Right to appeal - visa and removal order	(2) A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision at an examination or admissibility hearing to make a removal order against them.
Right to appeal - removal order	(3) A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision at an examination or admissibility hearing to make a removal order against them.
Right of appeal - residency obligation	(4) A foreign national may appeal to the Immigration Appeal Division against a decision made outside of Canada on the residency obligation under section 28.
Right of appeal - Minister	(5) The Minister may appeal to the Immigration Appeal Division against a decision of the Immigration Division in an admissibility hearing.
No appeal for inadmissibilit y	64. (1) No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor if the foreign national has been found to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.
Serious criminality	(2) For the purpose of subsection (1), serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least two years.
Misrepresenta tion	(3) No appeal may be made under subsection 63(1) in respect of a decision that was based on a finding of inadmissibility on the ground of misrepresentation, unless the foreign national in question is the sponsor's spouse, common-law partner or child.
Humanitarian and compassionat e considerations	65. In an appeal under subsection 63(1) or (2) respecting an application based on membership in the family class, the Immigration Appeal Division may not consider humanitarian and compassionate considerations unless it has decided that the foreign national is a member of the family class and that their sponsor is a sponsor within the meaning of the regulations.
Disposition	66. After considering the appeal of a decision, the Immigration Appeal Division shall
	(a) allow the appeal in accordance with section 67;
	(b) stay the removal order in accordance with section 68; or
	(c) dismiss the appeal in accordance with section 69.
Appeal allowed	67. (1) To allow an appeal, the Immigration Appeal Division must be satisfied that, at the time that the appeal is disposed of,
	(a) the decision appealed is wrong in law or fact or mixed law and fact;
	(b) a principle of natural justice has not been observed; or
	(c) other than in the case of an appeal by the Minister, taking into account the best interests of a child directly affected by the decision, sufficient humanitarian and compassionate grounds warrant special relief in light of all the circumstances of the case.
Effect	(2) If the Immigration Appeal Division allows the appeal, it shall set aside the original decision and substitute a determination that, in its opinion, should have been made, including the making of a removal order, or refer the matter to the appropriate decision-maker for reconsideration.
Removal order stayed	68. (1) To stay a removal order, the Immigration Appeal Division must be satisfied, taking into account the best interests of a child directly affected by the decision, that sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case.
Effect	(2) Where the Immigration Appeal Division stays the removal order
	(a) it shall impose any condition that is prescribed and may impose any condition that it considers necessary;
	(b) all conditions imposed by the Immigration Division are cancelled;
	(c) it may vary or cancel any non-prescribed condition imposed under paragraph (a); and
	(d) it may cancel the stay, on application or on its own initiative.
Reconsiderati on	(3) If the Immigration Appeal Division has stayed a removal order, it may at any time, on application or on its own initiative, reconsider the appeal under this Division.
Termination and cancellation	(4) If the Immigration Appeal Division has stayed a removal order made against a foreign national who was found inadmissible on grounds of serious criminality or criminality, and the foreign national is convicted of another offence referred to in subsection 36(1), the stay is cancelled by operation of law and the appeal is terminated.
Dismissal	69. (1) The Immigration Appeal Division shall dismiss an appeal if it does not allow the appeal or stay the removal order, if any.
Minister's Appeal	(2) In the case of an appeal by the Minister respecting a permanent resident or a protected person, other than a person referred to in subsection 64(1), if the Immigration Appeal Division is satisfied that, taking into account the best interests of a child directly affected by the decision, sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case, it may make and may stay the applicable removal order, or dismiss the appeal, despite being satisfied of a matter set out in paragraph 67(1)(a) or (b).
Removal order	(3) If the Immigration Appeal Division dismisses an appeal made under subsection 63(4) and the foreign national is in Canada, it shall make a removal order.
Decision binding	70. (1) An officer, in examining a foreign national, is bound by the decision of the Immigration Appeal Division to allow an appeal in respect of the foreign national.
Examination suspended	(2) If the Minister makes an application for leave to commence an application for judicial review of a decision of the Immigration Appeal Division with respect to a foreign national, an examination of the foreign national under this Act is suspended until the final determination of the application.
Reopening appeal	71. The Immigration Appeal Division, on application by a foreign national who has not left Canada under a removal order, may reopen an appeal if it is satisfied that it failed to observe a principle of natural justice.

Bill C-11

DIVISION 6

DETENTION AND RELEASE

DIVISION 7

RIGHT OF APPEAL