Who Issues Removal Orders in Canada: The Complete Guide

Understanding Canada's removal order system and your rights

On This Page You Will Find:

• The three organizations with power to remove you from Canada
• Exactly when CBSA can issue removal orders directly (no hearing required)
• Which violations trigger deportation vs. exclusion vs. departure orders
• How the IRB hearing process actually works in practice
• Your rights and options when facing removal proceedings
• Real consequences of each type of removal order

Summary:

If you're facing potential removal from Canada, understanding who has the authority to issue these orders could be the difference between staying and being banned for life. Three key organizations can force you to leave: CBSA (Canada Border Services Agency), IRB (Immigration and Refugee Board), and IRCC (Immigration, Refugees and Citizenship Canada). Each operates under different circumstances, with CBSA handling the majority of cases directly while IRB conducts formal hearings for more serious violations. The type of removal order you receive - departure, exclusion, or deportation - depends on your specific violation and which organization issues it. This guide breaks down exactly when each agency takes action, what triggers automatic removal versus a hearing, and the long-term consequences you'll face.

🔑 Key Takeaways:

• CBSA issues most removal orders directly without hearings for violations like overstaying, working without permits, or misrepresentation
• IRB conducts formal hearings for serious cases involving criminality, security threats, or human rights violations
• Deportation orders ban you for life, exclusion orders ban you for 1-5 years, departure orders allow return without restrictions
• The same violation can result in different removal orders depending on your immigration history and circumstances
• You have 30 days to leave Canada with a departure order before it automatically becomes a deportation order

Picture this: Maria, an international student from Brazil, stopped attending classes after her first semester but remained in Canada for eight months after her study permit expired. When she finally tried to extend her status, she discovered that CBSA had already initiated removal proceedings against her. Like thousands of others each year, Maria found herself asking: "Who exactly has the power to remove me from Canada, and what does this mean for my future?"

If you're facing similar circumstances, you're not alone. Understanding Canada's removal order system isn't just academic - it's crucial for protecting your ability to return to Canada and maintaining your immigration options.

What Exactly Is a Removal Order?

A removal order is an official government document that legally requires you to leave Canada. Think of it as an eviction notice, but with international consequences that can affect you for years or even permanently.

Canada issues three distinct types of removal orders, each carrying different penalties:

Departure Order - This is the "gentlest" removal order. You must leave Canada within 30 days and report your departure to CBSA. The critical advantage? You can return to Canada later without needing special permission. However, there's a dangerous trap: if you don't leave within 30 days OR fail to report your departure properly, your departure order automatically improve into a deportation order - the most severe type.

Exclusion Order - This bans you from returning to Canada for 12 months in most cases. However, if your exclusion stems from misrepresentation (lying on applications or providing false documents), you're banned for 60 months (5 years). You can potentially return during the ban period, but only if Immigration approves your Authorization to Return to Canada (ARC) application - a complex and expensive process.

Deportation Order - The nuclear option. This bans you from Canada for life. Your only path back requires getting an ARC approved, which involves proving you've been rehabilitated and demonstrating compelling reasons why Canada should allow your return.

The Legal Grounds That Trigger Removal Orders

Canada's Immigration and Refugee Protection Act (IRPA) defines specific grounds that make someone "inadmissible" to Canada. Only people who are inadmissible can receive removal orders - this includes both permanent residents and foreign nationals.

Here are the main inadmissibility categories that lead to removal:

Security Issues (Section 34) - Espionage, terrorism, or membership in terrorist organizations. These cases almost always result in deportation orders issued by the IRB after formal hearings.

Human Rights Violations (Section 35) - War crimes, crimes against humanity, or senior government positions in regimes that committed systematic human rights abuses.

Criminality (Section 36) - This splits into two categories. "Serious criminality" involves crimes punishable by 10+ years in prison or actual sentences over 6 months. "Criminality" covers less serious offenses. The distinction matters because it affects which organization handles your case.

Organized Crime (Section 37) - Membership in criminal organizations or gangs.

Medical Inadmissibility (Section 38) - Health conditions that pose public health risks or would cause excessive demand on Canada's health services.

Financial Reasons (Section 39) - Inability to support yourself or your family members.

Misrepresentation (Section 40) - Lying on applications, providing false documents, or withholding material information. This is increasingly common as CBSA's verification capabilities improve.

Immigration Violations (Section 41) - The most common category, covering overstaying permits, working without authorization, or permanent residents failing to meet residency requirements.

Who Actually Issues Removal Orders?

Three organizations have the legal authority to issue removal orders, but they operate in very different circumstances:

Canada Border Services Agency (CBSA) - The Primary Enforcer

CBSA is immigration's enforcement arm and issues roughly 85% of all removal orders. They have the power to issue certain removal orders immediately, without any hearing or appeal process. This happens when violations fall under specific categories outlined in Section 228 of immigration regulations.

CBSA officers can issue removal orders directly when they encounter:

• People overstaying their authorized period in Canada
• Individuals working or studying without proper permits
• Foreign nationals who can't prove they'll leave Canada when required
• Certain types of misrepresentation cases
• People who fail to appear for required examinations

The type of removal order CBSA issues depends on your specific violation and immigration history. For example, if you overstayed your visitor status, you'll typically receive an exclusion order. But if you're a permanent resident who failed to meet residency obligations, you'll get a departure order.

Immigration and Refugee Board (IRB) - The Court System

The IRB operates like a court system for immigration matters. They handle the more serious cases that require formal hearings, legal representation, and detailed evidence review. The IRB gets involved in two main ways:

Immigration Division (ID) - When CBSA believes someone is inadmissible but the case requires a hearing (usually for serious criminality, security issues, or complex misrepresentation cases), they submit a "44 report" to the ID. After conducting a hearing, if the ID agrees with CBSA's assessment, they issue the appropriate removal order.

Immigration Appeal Division (IAD) - When someone appeals a removal order or when the Minister of Immigration appeals a decision, the IAD conducts hearings and can ultimately issue removal orders if they side with the government.

The IRB typically handles cases involving:

• Serious criminal convictions
• Security threats
• Human rights violations
• Complex misrepresentation cases
• Organized crime connections

Immigration, Refugees and Citizenship Canada (IRCC) - The Rare Exception

IRCC primarily processes applications for visas, permits, and citizenship. They rarely issue removal orders, but it can happen in exceptional circumstances, such as:

• Refugee claims made at inland offices
• Certain citizenship revocation cases
• Specific situations involving security clearances

When CBSA Issues Direct Removal Orders

CBSA can bypass the hearing process and issue immediate removal orders in clearly defined situations. This happens more often than many people realize, and understanding these scenarios could help you avoid automatic removal.

Automatic Deportation Orders

CBSA issues deportation orders directly for:

Serious Criminal Convictions - If you're convicted of an offense punishable by 10+ years in prison, or you received a sentence longer than 6 months, CBSA can issue an immediate deportation order.

Specific Border-Related Crimes - Certain weapons, immigration fraud, customs, or firearms violations trigger automatic deportation orders.

Major Misrepresentation - Lying about significant facts on applications (except for Electronic Travel Authorization or visa exemption cases) results in immediate deportation orders.

Inadmissible Family Members - If your family member is inadmissible, you can receive the same removal order they do, or in some cases, an automatic deportation order.

Automatic Exclusion Orders

CBSA issues exclusion orders directly for:

Administrative Violations - Overstaying your authorized period, working without permits, or failing to comply with permit conditions.

Minor Misrepresentation - Lying on Electronic Travel Authorization applications or about visa exemption eligibility.

Documentation Failures - Not having required visas, failing to appear for examinations, or not submitting to required medical exams.

US Border Returns - If you're directed back to the US and can't prove you'll leave Canada as required.

Automatic Departure Orders

CBSA issues departure orders directly for:

Permanent Resident Residency Violations - If you're a permanent resident who failed to spend enough time in Canada to meet residency obligations.

Certain Refugee Situations - Former refugees whose protection has ceased, or refugee claimants in specific circumstances.

How IRB Hearings Work in Practice

When your case goes to the IRB's Immigration Division, you're entering a formal legal process that resembles a court hearing. Here's what actually happens:

The Process Timeline

Initial Report - CBSA submits a 44 report to the IRB alleging you're inadmissible. This report includes evidence supporting their position.

Hearing Scheduling - The IRB schedules a hearing, typically within 30-45 days for people in detention, or 3-6 months for people not detained.

Preparation Period - You receive disclosure of evidence against you and can prepare your defense, ideally with legal representation.

The Hearing - Both sides present evidence and arguments. You can testify, call witnesses, and challenge the government's evidence.

Decision - The IRB member decides whether you're inadmissible and, if so, issues the appropriate removal order.

Your Rights During IRB Proceedings

During IRB hearings, you have significant legal protections:

• Right to legal representation (at your own expense)
• Right to an interpreter in your preferred language
• Right to examine all evidence against you
• Right to present counter-evidence and call witnesses
• Right to cross-examine government witnesses
• Right to appeal certain decisions

Types of Cases IRB Handles

The IRB typically sees cases involving:

Security Threats - Alleged connections to terrorism, espionage, or threats to national security. These cases often involve classified evidence and in-camera hearings.

Serious Criminality - Major criminal convictions, especially for permanent residents who might otherwise avoid removal.

Human Rights Violations - War crimes, crimes against humanity, or leadership roles in regimes that committed atrocities.

Complex Misrepresentation - Cases involving sophisticated fraud, identity theft, or systematic deception across multiple applications.

Organized Crime - Alleged membership in criminal organizations or participation in ongoing criminal enterprises.

Understanding the Consequences of Each Order Type

The type of removal order you receive fundamentally shapes your future relationship with Canada. Here's what each order actually means for your life:

Departure Order Consequences

Immediate Impact: You have 30 days to leave Canada and must report your departure to CBSA at the airport or border crossing. This reporting requirement is crucial - many people forget this step and unknowingly convert their departure order into a deportation order.

Future Immigration: You can apply for new visas or permits immediately after leaving Canada. There's no waiting period or ban.

The 30-Day Trap: If you don't leave within 30 days OR don't report your departure properly, your departure order automatically becomes a deportation order. This happens without any hearing or notification - it's automatic by law.

Cost Considerations: You pay your own removal costs. If you don't leave voluntarily, CBSA will arrange (and bill you for) forced removal.

Exclusion Order Consequences

Ban Period: You cannot return to Canada for 12 months (or 60 months for misrepresentation cases) from the date you leave or are removed.

Authorization to Return to Canada (ARC): You can potentially return during the ban period, but only if IRCC approves your ARC application. This process typically takes 6-12 months and costs significant legal and application fees.

ARC Requirements: You must demonstrate rehabilitation, compelling reasons for return, and that your presence wouldn't be contrary to Canada's national interest.

Automatic Enforcement: Unlike departure orders, exclusion orders don't have compliance requirements that make them worse if ignored. However, CBSA will still forcibly remove you if you don't leave voluntarily.

Deportation Order Consequences

Lifetime Ban: You're banned from Canada for life. This affects not just tourism and immigration, but also business activities, transit through Canadian airports, and family relationships.

ARC Process: Your only path back to Canada requires ARC approval. For deportation cases, this involves proving significant rehabilitation, compelling humanitarian reasons, or that substantial time has passed since your removal.

Enhanced Screening: Even with ARC approval, you'll face enhanced screening for all future applications and entries to Canada.

Family Impact: Your deportation can affect your family members' immigration applications and their ability to sponsor you in the future.

Special Situations and Exceptions

Several unique circumstances can affect who issues your removal order and what type you receive:

Refugee Claimants

If you've made an eligible refugee claim, you typically receive departure orders rather than exclusion or deportation orders for most administrative violations. This recognizes that refugees may have compelling reasons for their immigration violations.

Minors Under 18

Children under 18 who aren't accompanied by parents or guardians, or who can't understand the proceedings, generally don't receive removal orders through the standard process. Special procedures apply to protect their interests.

Permanent Residents vs. Foreign Nationals

Your status significantly affects both who handles your case and what removal order you receive. Permanent residents have stronger procedural protections and often receive departure orders for violations that would result in exclusion orders for foreign nationals.

Previous Removal Orders

If you've been subject to removal orders before, subsequent violations typically result in more severe orders. For example, violations that would normally result in exclusion orders become deportation orders if you have a history of removal.

What to Do If You're Facing Removal

If you've received a removal order or believe you might face one, immediate action is crucial:

For Departure Orders

Act Within 30 Days: Don't wait. Book your departure immediately and ensure you understand the reporting requirements.

Report Your Departure: This step is mandatory. Failure to report converts your departure order to a deportation order automatically.

Document Everything: Keep copies of all departure documentation, including proof that you reported to CBSA.

For Exclusion or Deportation Orders

Consider Legal Representation: These orders have serious long-term consequences. Professional legal advice can help you understand appeal options and ARC processes.

Understand Appeal Deadlines: You typically have 30 days to appeal removal orders, but deadlines vary by situation.

Plan for ARC Applications: If you want to return to Canada, start planning your ARC application strategy immediately.

For All Removal Orders

Voluntary Departure: Leaving voluntarily is almost always better than forced removal. It demonstrates compliance and can positively affect future applications.

Maintain Status Elsewhere: Ensure you have legal status in your destination country. Being removed from Canada while having no legal status elsewhere creates additional complications.

Family Considerations: If you have family in Canada, understand how your removal affects their status and future sponsorship abilities.

Protecting Your Future Immigration Options

Even if you must leave Canada, strategic planning can protect your ability to return:

Document Your Rehabilitation

For criminal inadmissibility, maintain evidence of rehabilitation, community involvement, and stable employment or education.

Address Root Causes

If health or financial issues contributed to your inadmissibility, document your efforts to resolve these problems.

Maintain Canadian Connections

Preserve relationships with Canadian family, employers, or community organizations that might support future applications.

Professional Guidance

Immigration law is complex and constantly changing. Professional advice can help you navigate the system effectively and avoid costly mistakes.

The Bottom Line

Understanding who issues removal orders in Canada isn't just about satisfying curiosity - it's about protecting your future. CBSA handles most cases directly and quickly, while the IRB provides formal hearings for serious violations. The organization that issues your removal order, combined with your specific circumstances, determines both the type of order you receive and your options for return.

The key insight? Early intervention makes all the difference. Whether you're facing potential inadmissibility or have already received a removal order, understanding the system and acting quickly can mean the difference between a temporary setback and permanent consequences.

Remember Maria from our opening story? By understanding that her case would likely be handled directly by CBSA and result in an exclusion order, she was able to leave voluntarily, properly report her departure, and successfully return to Canada 18 months later with proper documentation. Knowledge of the system gave her the power to control her outcome rather than simply react to it.

If you're facing removal proceedings, don't navigate this complex system alone. The stakes are too high, and the consequences too permanent, to risk making critical errors that could affect your relationship with Canada for years to come.