Removal Order from Canada – Departure, Exclusion & Deportation Order

Types of Canadian Removal Orders

Canada has three main types of removal orders: Departure Order, Exclusion Order, and Deportation Order. The consequences and conditions for returning to Canada vary depending on the type of order, whether the order has been enforced, and whether the recipient complies with the requirements.

1. Departure Order

A Departure Order requires the recipient to leave Canada within 30 days of the date the order becomes enforceable.

To have your departure from Canada properly confirmed, you must report to the CBSA upon leaving, complete the departure, and obtain a Certificate of Departure.

• If you leave Canada within 30 days and have a Certificate of Departure: an Authorization to Return to Canada (ARC) is generally not required solely due to that Departure Order.
• If you do not leave within the 30-day period, or do not complete the required confirmation of departure, the Departure Order may automatically become a Deportation Order.

2. Exclusion Order

An Exclusion Order generally prevents the individual from returning to Canada for 1 year from the date the order is enforced.

If the Exclusion Order was issued due to misrepresentation, this period is 5 years.

• If the exclusion period has expired and you have a valid Certificate of Departure, an ARC is generally not required solely due to that order.
• If you wish to return before the exclusion period ends, or if you do not have a Certificate of Departure, an ARC may be required.

3. Deportation Order

A Deportation Order imposes a permanent ban on returning to Canada. To return to Canada after a Deportation Order has been enforced, the individual must be granted an Authorization to Return to Canada (ARC), in addition to meeting other entry requirements.

Authorization to Return to Canada (ARC)

An ARC is not granted automatically. An officer may consider the reasons for the removal order, the likelihood of repeat behavior, the time that has passed, current circumstances, and the reason for wanting to return to Canada.

If the CBSA covered removal costs, the ARC applicant may be required to repay the costs of enforcing the removal order before an ARC is granted. Being granted an ARC does not automatically resolve other grounds of inadmissibility or ineligibility for stay.

Can I appeal or apply to the Federal Court?

Not all removal orders carry a right of appeal to the Immigration Appeal Division (IAD). The right to appeal depends on immigration status, the grounds for inadmissibility or ineligibility, and the limitations set by the IRPA.

In appropriate cases, a lawyer can assess options such as an IAD appeal, a Federal Court judicial review, or an emergency stay of removal. Filing a legal proceeding should not be assumed to automatically stop a removal in all cases.

What to do when you receive a Removal Order?

• Determine the exact type of order and the date it becomes enforceable;
• Check your rights to appeal/review and any deadlines immediately;
• If you must leave Canada, coordinate with the CBSA to ensure your departure is confirmed correctly;
• Keep your Certificate of Departure and all related documents;
• Assess ARC, TRP, or inadmissibility issues before planning a return to Canada.

KeyApply Support

KeyApply assists with document collection, timelines, administrative records, and connecting clients with licensed lawyers/representatives. Legal advice, Federal Court legal proceedings, and representation in Court are handled by qualified lawyers.

Note: Removal cases often have short deadlines and significant legal consequences. It is recommended to have your file assessed immediately after receiving an order.

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