Immigration and Refugee Protection Act

Marginal note:Preparation of report

• 44 (1) An officer who is of the opinion that a permanent resident or a foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts, which report shall be transmitted to the Minister.

• Marginal note:Referral or removal order

  (2) If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except in the case of a permanent resident who is inadmissible solely on the grounds that they have failed to comply with the residency obligation under section 28 and except, in the circumstances prescribed by the regulations, in the case of a foreign national. In those cases, the Minister may make a removal order.

• Marginal note:Conditions

  (3) An officer or the Immigration Division may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that the officer or the Division considers necessary on a permanent resident or a foreign national who is the subject of a report, an admissibility hearing or, being in Canada, a removal order.

• Marginal note:Conditions — inadmissibility on grounds of security

  (4) If a report on inadmissibility on grounds of security is referred to the Immigration Division and the permanent resident or the foreign national who is the subject of the report is not detained, an officer shall also impose the prescribed conditions on the person.

• Marginal note:Duration of conditions

  (5) The prescribed conditions imposed under subsection (4) cease to apply only when

  • (a) the person is detained;

  • (b) the report on inadmissibility on grounds of security is withdrawn;

  • (c) a final determination is made not to make a removal order against the person for inadmissibility on grounds of security;

  • (d) the Minister makes a declaration under subsection 42.1(1) or (2) in relation to the person; or

  • (e) a removal order is enforced against the person in accordance with the regulations.