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Eligibility Series: Removal Orders

According to the Social Housing Reform Act (O. Reg 298/01 s7(1)c), a household is not eligible for rent-geared-to-income assistance if a removal order has become enforceable under the Immigration and Refugee Protection Act (Canada) against any member of the household.

	What is a Removal Order?
	If a member of the Immigration and Refugee Board of Canada (IRB) decides that someone may not enter or remain in Canada, he or she will issue a removal order to allow the Canada Boarder Services Agency (CBSA)to remove them from Canada. If this person is in detention, the member may order that they remain in detention until they are removed. There are three types of Removal Orders: Departure Order - the person must leave Canada within 30 days after the order comes into effect. Before leaving Canada, the person must notify the CBSA to get a certificate of departure as proof of compliance. If the person does not leave or does not receive the certificate of departure, the departure order automatically becomes a deportation order after 30 days. Exclusion Order - the person must leave Canada and cannot return for a year (or two, in some cases) without written permission from an immigration officer. Deportation Order - the person must leave Canada and may never return without written permission from an immigration officer. If the person did not leave voluntarily and the CBSA had to pay the cost of deportation, the person must repay the cost of the deportation before he or she is granted permission to return. In all cases any person subject to a removal order must appear before an immigration officer before leaving Canada. In some cases, a person can appeal a removal order to the Immigration Appeal Division (IAD) of the IRB. In some cases, the person may apply for leave (permission) to the Federal Court of Canada to review the removal order. After a removal order is issued, the case is referred back to the CBSA to be enforced.
	Is it possible to confirm if a tenant/applicant is subject to a removal order?
	Yes. Immigration Canada will confirm or deny the existence of a removal order if the tenant/applicant consents to the release of information. An approved consent form is available at: http://www.cic.gc.ca/english/pdf/kits/forms/IMM5475E.pdf For additional information on the Immigration and Refugee Board of Canada , please click here: http://www.irb-cisr.gc.ca/en/about/faqs/index_e.htm#idfaq1

September, 2007

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