Immigration and Refugee Protection Regulations
Sections and provisions with full text and the judgments that cite each one.
Section 236 — Providing copies
A person against whom a removal order is made shall be provided with a copy of the order when it is made.
Section 237 — Modality of enforcement
A removal order is enforced by the voluntary compliance of a foreign national with the removal order or by the removal of the foreign national by the Minister.
Section 238 — Voluntary compliance
A foreign national who wants to voluntarily comply with a removal order must appear before an officer who shall determine if the foreign national has sufficient means to effect their departure to a…
Section 239 — Removal by Minister
If a foreign national does not voluntarily comply with a removal order, a negative determination is made under subsection 238(1) or the foreign national’s choice of destination is not approved under…
Section 240 — When removal order is enforced
A removal order against a foreign national, whether it is enforced by voluntary compliance or by the Minister, is enforced when the foreign national appears before an officer at a port of entry to…
Section 241 — Country of removal
If a removal order is enforced under section 239, the foreign national shall be removed to the country from which they came to Canada; the country in which they last permanently resided before coming…
Section 242 — Mutual Legal Assistance in Criminal Matters Act
A person transferred under an order made under the Mutual Legal Assistance in Criminal Matters Act is not, for the purposes of paragraph 240(1)(d), a person who has been authorized to enter their…
Section 243 — Payment of removal costs
Unless expenses incurred by His Majesty in right of Canada have been recovered from a transporter, a foreign national who is removed from Canada at His Majesty’s expense shall not return to Canada if…
Section 243.1 — Making of a removal order
The following documents, held by a foreign national, are cancelled when a removal order is made against that foreign national : a temporary resident visa; an electronic travel authorization; and a…
Section 243.2 — Enforceable removal order
The following documents, held by a foreign national, are cancelled when a removal order made against that foreign national becomes enforceable: a work permit; and a study permit.
Section 244 — Factors to be considered
For the purposes of Division 6 of Part 1 of the Act, the factors set out in this Part shall be taken into consideration when assessing whether a person is unlikely to appear for examination, an…
Section 245 — Flight risk
For the purposes of paragraph 244(a), the factors are the following: being a fugitive from justice in a foreign jurisdiction in relation to an offence that, if committed in Canada, would constitute…
Section 246 — Danger to the public
For the purposes of paragraph 244(b), the factors are the following: the fact that the person constitutes, in the opinion of the Minister, a danger to the public in Canada or a danger to the security…
Section 247 — Identity not established
For the purposes of paragraph 244(c), the factors are the following: the foreign national’s cooperation in providing evidence of their identity or assisting the Department or the Canada Border…
Section 248 — Other factors
If it is determined that there are grounds for detention, the following factors shall be considered before a decision is made on detention or release: the reason for detention; the length of time in…
Section 248.1 — Best interests of the child
For the purpose of paragraph 248(f) and for the application, in respect of children who are under 18 years of age, of the principle affirmed in section 60 of the Act, that a minor child shall be…
Section 249 — Special considerations for minor children
For the application of the principle affirmed in section 60 of the Act that a minor child shall be detained only as a measure of last resort, the special considerations that apply in relation to the…
Section 250 — Applications for travel documents
If a completed application for a passport or travel document must be provided as a condition of release from detention, any completed application provided by a foreign national who makes a claim for…
Section 250.1 — Inadmissibility on grounds of security — conditions
For the purposes of subsections 44(4), 56(3), 58(5), 58.1(4), 77.1(1) and 82(6) of the Act, the conditions that must be imposed on a foreign national or permanent resident are the following: to…
Section 251 — Immigration Appeal Division — conditions
For the purposes of subsection 68(2) of the Act, the conditions that must be imposed on a foreign national or permanent resident by the Immigration Appeal Division are the following: to inform the…
Section 252 — Custody of seized thing
A thing seized under subsection 140(1) of the Act shall be placed without delay in the custody of the Department or the Canada Border Services Agency.
Section 253 — Notice of seizure — person from whom seized
An officer who seizes a thing under subsection 140(1) of the Act shall provide written notice to the person from whom it was seized, including the grounds for the seizure. If the person from whom the…
Section 254 — Application for return — person from whom seized
If a thing was seized on the ground that it was fraudulently or improperly obtained or used, or that the seizure was necessary to prevent its fraudulent or improper use, the person from whom it was…
Section 255 — Application for return — lawful owner
If a thing was seized on the ground that it was fraudulently or improperly obtained or used, or that the seizure was necessary to prevent its fraudulent or improper use, the lawful owner may apply…
Section 256 — Concurrent applications
If the person from whom a thing was seized makes an application under section 254 for the return of the thing and the lawful owner makes an application under section 255 for the same thing, the…
Section 257 — Notice of decision
The decision on the application under section 254 or 255 and the reasons for it shall be given in writing and provided to the applicant as soon as feasible. If the applicant is notified by mail,…
Section 257.1 — Automatic return
If the seizure of a thing was necessary to carry out the purposes of the Act, the thing shall be returned to its lawful owner without delay if the seizure is no longer necessary for those purposes.…
Section 257.2 — Conditional return
A thing seized shall be returned only if its return would not be contrary to the purposes of the Act.
Section 258 — Sale or destruction of seized thing
If a thing seized, other than a document, is not returned to its lawful owner or the person from whom it was seized, the thing shall be sold unless the costs of the sale would exceed the monetary…
Section 258.1 — Prescribed persons
For the purposes of paragraph 148(1)(a) of the Act, the following persons are prescribed: any foreign national who is the subject of a declaration made under subsection 22.1(1) of the Act, unless…
Section 259 — Prescribed documents
For the purposes of subsection 148(1) of the Act, the following documents that a person requires under the Act to enter Canada are prescribed: a travel document referred to in subsection 31(3) of the…
Section 260 — Holding prescribed documentation
If a commercial transporter has reasonable grounds to believe that the prescribed documents of a person whom it carries to Canada may not be available for examination at a port of entry, the…
Section 261 — Obligation to hold a person
For the purposes of paragraph 148(1)(b) of the Act, a transporter has complied with the obligation to hold a person until the examination is completed when an officer informs the transporter that the…
Section 262 — Stowaway notification
On the arrival of a vessel at its first port of call in Canada, the transporter must notify an officer at the nearest port of entry of the presence of any stowaway and, on request of the officer,…
Section 263 — Medical examination and treatment
A commercial transporter must arrange for the medical examination of a foreign national who is required to submit to one under paragraph 16(2)(b) of the Act and for any medical examination,…
Section 264 — Prescribed information
A transporter must provide without delay any of the following documents that are requested by an officer within 72 hours after the presentation for examination of a person carried by the transporter…
Section 265 — Crew list
On arrival at the first port of call in Canada of a vessel registered in a foreign country, the transporter must provide an officer at the nearest port of entry with a list of all members of the…
Section 266 — Assembly
On the request of an officer, a transporter must assemble without delay aboard the vessel all members of the crew.
Section 267 — Canadian registered vessels
On the arrival of a vessel registered in Canada at its first port of call in Canada, the transporter must notify an officer at the nearest port of entry of all members of the crew who are not…
Section 268 — Reporting obligation
A transporter must, without delay, notify an officer at the nearest port of entry of any foreign national who ceases to be a member of the crew for a reason listed in paragraph 3(1)(b). The…
Section 269 — Prescribed information
On the request of an official of the Canada Border Services Agency, a commercial transporter that carries or expects to carry persons to Canada on board its commercial vehicle must provide the Canada…
Section 270 — Notice by Canada Border Services Agency
The Canada Border Services Agency may notify a commercial transporter that a person whom it expects to carry to Canada may be a person who is prescribed under section 258.1 or may be a person who…
Section 271 — Facilities for holding and examination
A commercial transporter, and a transporter who operates an airport or an international bridge or tunnel, must without cost to Her Majesty in right of Canada provide and maintain facilities,…
Section 272 — Examination on vessels
A commercial transporter carrying persons to Canada aboard its vessel must provide facilities aboard the vessel that permit an officer to conduct examinations.
Section 273 — Obligation to carry from Canada
A commercial transporter that has carried a foreign national referred to in this subsection to Canada or caused such a foreign national to be carried to Canada must, without delay, carry the foreign…
Section 274 — Members of a crew
If a transporter carries, or causes to be carried, a foreign national to Canada as a member of its crew or to become a member of its crew, and the foreign national is subject to an enforceable…
Section 275 — Notification
A transporter must notify an officer without delay if a foreign national referred to in section 273 or 274 whom they are carrying from Canada leaves or attempts to leave a vehicle before they are…
Section 276 — Notifying commercial transporter
When a foreign national who seeks to enter Canada is made subject to a removal order and a commercial transporter is or may be required under the Act to carry that foreign national from Canada, an…
Section 277 — Relief from obligations
Despite sections 273 and 276, a commercial transporter is relieved of its obligation to carry a foreign national from Canada, except for a member of its crew or a foreign national who entered Canada…
Section 278 — Removal costs
A transporter that is required under the Act to carry a foreign national from Canada must pay the following costs of removal and, if applicable, attempted removal: expenses incurred within or outside…