Payment of removal costs - R243
This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
Processing and collection of fee
Payment of removal costs:
- USA/Saint-Pierre-et-Miquelon $750
- Other destinations $1,500
No fee exemptions have been identified for this service.
Note: This is an administrative penalty not a cost recovery fee; as such, it is not governed by the Cost Recovery and Charging Policy of the Treasury Board Secretariat. It is included here because of its relationship to the Authorization to Return to Canada.
These fees apply only in situations where the relevant costs have not been recovered from a transportation company.
Intent of fee
Formerly, this fee applied only to persons who were initially issued a departure order, ignored the order and were then deported at departmental expense. This regulation was originally intended to add a further consequence for clients who ignored a departure order.
Under the IRPA, the applicability of this fee has been widened to include all clients who were removed at Her Majesty’s expense, not just those who were deported. In R223, removal orders are defined to include, departure orders, exclusion orders and deportation orders.
Under the IRPA, persons who are deported at departmental expense must satisfy two requirements before being allowed to return to Canada. First, they must obtain authorization to do so through an officer or by other prescribed circumstances as per R226(1) and A52(1); and second, they must pay the cost (if any) of their removal as per R243, if they have not been recovered from the transportation company.
Clients who are the subject of exclusion or departure orders may seek to return to Canada after the period specified in the Regulations, without the need to obtain the authorization of an officer. However, as with deportees, these clients are now required to pay the cost of their removal as per R243, if they were removed at Her Majesty’s expense.
Once the officer who is processing the request for authorization to return to Canada (IMM 1203B) has determined that authorization will be granted, the office in Canada where the removal order originated will inform the officer whether payment is applicable. Collection of this fee will occur prior to the authorization to return to Canada being granted.
The applicable fees are per R243.
A receipt shall be issued each time a payment of removal expenses is received.
If an individual advises that they are unable or unwilling to pay the fee immediately, they should be counselled to withdraw their request for authorization to return to Canada and return when they have the ability and willingness to do so. If the individual refuses to withdraw their request, the request will be refused for failure to pay removal costs as per A52(1).
Note: If a removal order for which there is no right of appeal has been enforced and is subsequently set aside by a judicial review, the foreign national is entitled to return to Canada at the Minister’s expense. [A52(2)]
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