IRPA s. 52(1) states: "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." (IRPA, s. 52) The regulations set out when an authorization is needed for each type of order:
Departure Order (IRPR s. 224)
Enforced: no authorization needed- "For the purposes of subsection 52(1) of the Act, an enforced departure order is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada."
- "A foreign national who is issued a departure order must meet the requirements set out in paragraphs 240(1)(a) to (c) within 30 days after the order becomes enforceable, failing which the departure order becomes a deportation order."
Source: IRPR, s. 224
Exclusion Order (IRPR s. 225)
Authorization needed during the bar period- "an exclusion order obliges the foreign national to obtain a written authorization in order to return to Canada during the one-year period after the exclusion order was enforced."
- "A foreign national who is issued an exclusion order as a result of the application of paragraph 40(2)(a) of the Act must obtain a written authorization in order to return to Canada within the five-year period after the exclusion order was enforced."
- "the expiry of a one-year period following the enforcement of an exclusion order, or a five-year period if subsection (3) applies, is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada."
Source: IRPR, s. 225
Deportation Order (IRPR s. 226)
Authorization needed at any time- "a deportation order obliges the foreign national to obtain a written authorization in order to return to Canada at any time after the deportation order was enforced."
Source: IRPR, s. 226
ARC Summary
- Fees are published by IRCC and updated regularly.
- Departure order:enforced: "exempt"
- Exclusion order:"one-year period" (five years under s. 40(2)(a))
- Deportation order:"at any time"
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Information provided is general in nature and current as of the page's last update. Immigration laws, processing times, eligibility criteria, and program requirements are subject to change per IRCC policy updates. This page does not constitute legal advice. Specific cases require individual consultation with a Regulated Canadian Immigration Consultant. Amer Rehman is an RCIC (R515343), member in good standing with CICC.