A removal order in Canada may be a departure order, exclusion order or deportation order. The type of order, when it became enforceable, whether departure was properly confirmed and whether a legal stay exists determine the immediate consequences.
Departure order
A person subject to a departure order must generally leave Canada within 30 days after the order becomes enforceable and confirm departure with CBSA. If the requirements are not met within that period, the departure order automatically becomes a deportation order.
Exclusion order
An exclusion order generally prevents return to Canada for one year after it is enforced. Where the exclusion order was issued for misrepresentation, the period is generally five years. Returning before the applicable period normally requires an Authorization to Return to Canada (ARC).
Deportation order
A deportation order requires departure and permanently bars return unless an Authorization to Return to Canada (ARC) is granted.
When CBSA can enforce removal
IRPA section 48 provides that a removal order is enforceable when it has come into force and is not stayed. CBSA may arrange a removal interview, obtain travel documents and serve a direction to report for removal. Failure to appear for a removal interview or scheduled removal can result in a Canada-wide arrest warrant and possible detention. For a focused explanation, read our guide to CBSA active removal warrants.
Urgent help with a removal order
If CBSA has issued a removal date or a reporting notice, have the actual order and related documents reviewed promptly. The available steps depend on the order, its enforceability and your immigration history.
Related guidance: Removal deferral requests · CBSA Direction to Report.
Speak with Counsel Harjeet Arora, RCIC-IRB: call 647-909-7777, message us on WhatsApp or request a consultation. Keep any CBSA or IRB notices available for review.
Immediate legal review
- Type, status and enforceability of the removal order, including any preceding section 44 report or admissibility hearing
- Any IAD appeal or Federal Court remedy
- PRRA eligibility and whether a statutory stay applies
- Removal deferral and urgent court-stay issues
- Pending H&C or other applications and their actual legal effect
- ARC consequences if the person leaves or is removed
Does a pending immigration application stop removal?
Not necessarily. A pending permanent residence, humanitarian and compassionate, temporary residence or other immigration application does not by itself mean that CBSA must postpone an enforceable removal. The legal effect of each proceeding must be reviewed separately. Depending on the circumstances, a statutory stay may apply or a person may need to consider a removal deferral request or urgent Federal Court relief through a lawyer authorized to practise before the Court.
PRRA and removal
A person facing removal may be offered a Pre-Removal Risk Assessment (PRRA) if eligible. Eligibility, applicable bars and the effect of a PRRA on removal depend on the person’s immigration history and timing. A removal order does not automatically mean that every person is eligible for a PRRA.
Can a removal order be appealed?
Appeal rights depend on status, the type of decision and statutory restrictions. Some permanent residents and protected persons may have a right of appeal to the Immigration Appeal Division, while others may need to consider different remedies. See Removal Order Appeals.
What happens at a CBSA removal interview?
CBSA may review identity and travel documents, the status of the removal order, travel arrangements, pending proceedings and any claimed impediment to removal. A reporting appointment can therefore be an important enforcement stage rather than a routine administrative meeting. See CBSA Direction to Report.
Removal and immigration detention
Failure to appear for enforcement proceedings can lead to an arrest warrant and detention. Detention may also arise where CBSA alleges that a person is unlikely to appear for removal. Detention is reviewed by the Immigration Division of the IRB. Learn more about Immigration Detention Reviews.
What to do if CBSA has given you a removal date
- Keep every CBSA document, including the removal order and direction to report.
- Confirm the exact reporting and removal dates and any deadline given by CBSA.
- Gather decisions from IRCC, the IRB, IAD and any previous court proceeding.
- Have the file assessed promptly for enforceability, PRRA, appeal, deferral and other available remedies.
Time matters in removal cases. A scheduled removal can sharply limit the time available to gather evidence and assess remedies.
Prepare your removal order documents
For your consultation, organize the order, directions to report, travel arrangements, previous decisions and proof of any pending proceeding. Put the scheduled removal date at the top of the file. Keep a record of what has actually been filed and acknowledged rather than relying on an intention to apply.
For the government’s explanation of the three order types and enforcement steps, see CBSA: enforcing removals from Canada.
Further Reading on Removal Orders
For a deeper explanation of the different types of orders, read Removal Orders in Canada: Departure, Exclusion and Deportation Orders. If enforcement has already been scheduled, see Can CBSA Removal From Canada Be Stopped or Deferred?.
This page provides general information only and is not legal advice. Available remedies depend on individual circumstances. Fourth Dimension Immigration Inc. provides regulated immigration representation.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.