Enforcing removals from Canada
The Canada Border Services Agency (CBSA) removals program contributes to upholding the integrity of Canada’s immigration system by removing people who are inadmissible to enter or stay in Canada.
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CBSA priorities for removals
The CBSA prioritizes the removal of foreign nationals who pose a serious threat to individuals or society for reasons including:
- national security
- serious criminal offences and involvement in organized crime
- international or human rights violations
The CBSA also prioritizes the removal of failed refugee claimants who entered Canada irregularly between points of entry. These cases are prioritized due to their significant impact on program integrity and on Canada’s asylum system.
Removal order requirements
The CBSA is legally obligated to remove any foreign national with an enforceable removal order as quickly as possible. A removal order is issued to individuals who are inadmissible to Canada and are required to leave the country. Each type of removal order has specific requirements that must be met if the individual seeks to re-enter Canada.
Departure order
A departure order means an individual must leave Canada within 30 days after the order becomes enforceable. If these procedures are followed, they may return to Canada in the future, provided entry requirements are met at that time. It is the least severe removal order. If they do not confirm their departure with the CBSA within 30 days, the departure order will automatically become a deportation order.
Exclusion order
An exclusion order means an individual must leave Canada immediately, confirm departure with the CBSA and cannot return to Canada for one year. If the exclusion order has been issued for misrepresentation, they cannot return to Canada for five years. If they wish to return before the exclusion period has passed, they must apply for an Authorization to Return to Canada (ARC).
Deportation order
A deportation order means an individual must leave Canada immediately and confirm their departure with the CBSA. They are permanently barred from returning to Canada. If they wish to return to Canada, they must apply for and obtain an Authorization to Return to Canada (ARC). If they return to Canada prior to being issued an ARC, a subsequent deportation order may be issued.
Travel costs
Individuals being removed from Canada are required to pay for their own travel costs. In situations where the inadmissible person is unable or unwilling to pay, the CBSA covers the cost to ensure that they are removed in a timely manner. Costs are recovered by the Government of Canada when an individual who was removed at the government’s expense seeks to return to Canada.
Legal avenues
Anyone ordered removed from Canada is entitled to due process before the law. All removal orders are subject to various levels of appeals.
An individual may appeal the decision to issue a removal order to the Immigration and Refugee Board (IRB). If they do not benefit from appeal rights at the IRB, an application for a judicial review may be made through the Federal Court of Canada.
Applications for leave and judicial review to the Federal Court of Canada can be filed in relation to any decision rendered by an officer, or by a:
- removal order
- scheduled removal
- Refugee Protection Division or Refugee Appeal Division decisions
Individuals may be eligible to apply for a pre removal risk assessment (PRRA) prior to removal. A PRRA is intended to assess if the individual faces potential danger of torture, risk of persecution, risk to life or cruel and unusual treatment or punishment. Individuals may elect to waive this process and proceed with removal arrangements.
Once individuals have exhausted all legal avenues of appeals that could stay a removal order, they are expected to comply with our laws and leave Canada or face removal.
Administrative deferral and temporary suspension of removals
The CBSA gives serious consideration to the conditions in destination countries of removal. If there are existing conditions in a destination country that could seriously endanger the lives or safety of the entire civilian population, the following measures may be imposed.
Administrative deferral of removal
An Administrative Deferral of Removal (ADR) is a temporary measure imposed by the CBSA to defer removals in situations of humanitarian crisis. It is not intended to address persistent and systemic human rights problems that constitute individual risk.
Note: An ADR is currently in place for certain regions in Somalia (Middle Shabelle, Afgoye, and Mogadishu), the Gaza Strip, Ukraine, Syria, Mali, the Central African Republic, South Sudan, Libya, Yemen, Venezuela, Haiti, Iran and Sudan.
Temporary suspension of removal
A Temporary Suspension of Removal (TSR) is imposed by the Minister of Public Safety and interrupts removals to a country or place when general conditions, such as armed conflict or an environmental disaster, pose a risk to the entire civilian population.
Note: Canada currently has a TSR in place for Afghanistan, the Democratic Republic of Congo, and Iraq.
The primary difference between these two measures are that ADRs are generally put in place within a short period of time in order to immediately respond to a change in a country’s conditions.
Individuals with serious inadmissibility, such as national security and criminality, do not benefit from a stay of removal under these provisions. However, no one is removed from Canada without consideration for their individual needs for protection. When the situation in a country stabilizes, the deferral and suspension of removals can be lifted, and the CBSA will resume removals for all individuals who have an enforceable removal order.
Enforcing a removal order
Once individuals have exhausted all legal avenues of appeal that delays a removal order, the CBSA will begin preparing for their removal. Those subject to an enforceable removal order will be scheduled for a removal interview with a CBSA officer. During this interview, the officer will check for any impediments to the removal process and guide the individual through the necessary steps. If an individual fails to appear for either the removal interview or the scheduled removal date, the CBSA will issue a Canada-wide warrant for their arrest. Once arrested, they may be detained in a holding facility until their removal is carried out.
Having a Canadian-born child does not prevent the removal of a foreign national. However, the CBSA always considers the best interest of the child before removing someone. If parents of Canadian children must be removed from Canada and choose to take their children back to their country of nationality, the CBSA will facilitate the travel of the children in order to keep the family together.
Prior to enforcing the removal order, the CBSA may also help coordinate travel documents and travel arrangements.
Travel documents
Individuals subject to removal orders are required to surrender their travel documents to the CBSA. If an individual does not possess a travel document, they must obtain one for their removal. The CBSA may also need to acquire travel documents on behalf of the individual being removed. This process often involves engaging with the individual 's country of nationality and working with other Government of Canada departments.
Travel arrangements
Once a removal date has been determined, the individual will be served with a direction to report for removal from Canada. They have a legal requirement to present themselves as directed for removal. For unescorted removals, the individual subject to removal will meet with a CBSA officer at the port of exit to confirm their departure from Canada.
While the majority of foreign nationals depart Canada voluntarily, approximately 8% of all enforced removals may need to be escorted in order to ensure public safety and to maintain program integrity. For escorted removals, officers accompany the individual being removed. The assessment for an escorted removal considers various factors, including whether the individual poses a public safety risk, as well as airline and transit requirements, and any medical or health concerns.
Canadian Victims Bill of Rights
The Canadian Victims Bill of Rights legislation allows the Correctional Service Canada (CSC) to notify registered victims when the offender in their case is removed from Canada before their sentence expires.
The CBSA provides all relevant information to CSC via data entry in the Offender Management System. The information is shared with the registered victim immediately after the removal is confirmed, meaning the foreign national has left Canada and has been legally admitted into another country.
Case-specific questions
To speak to an officer about a case-specific question or to get more information on how to depart Canada voluntarily, please contact the Removals line at 1-833-995-0002, Monday to Friday between 7 am to 3 pm Eastern Time.
The Removals phone line can provide information to individuals subject to a removal order and who have no legal right to remain in Canada. The CBSA recognizes that some individuals may need assistance to return to their home country. Such support is available and determined on a case by case basis, and dependent on individual circumstances.
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