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Last verified: June 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: June 2026 · Source: justice.gc.ca
PART 3: Enforcement
§138

Powers of peace officer

Powers of peace officer

🍁 In Simple Terms

Once the authorization is given, an immigration officer can do what a police officer can, search and seizure powers from the Criminal Code included, to enforce this law and to arrest, detain and remove people. In an emergency they can bring in a helper, who holds those same powers for up to 48 hours unless the Minister approves longer.

Affects: Persons subject to removal or detention
Legal Text: IRPA Section 138

(1)An officer, if so authorized, has the authority and powers of a peace officer — including those set out in sections 487 to 492.2 of the Criminal Code — to enforce this Act, including any of its provisions with respect to the arrest, detention or removal from Canada of any person.

Temporary assistants

(2)An officer may, in cases of emergency, employ a person to assist the officer in carrying out duties under this Act. That person has the authority and powers of the officer for a period of no more than 48 hours, unless approved by the Minister.

Cross-References
In Practice
Official Source: Justice Canada: IRPA s. 138 (authoritative, may differ from this display)
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