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Immigration and Refugee Protection Act

s. 57 Review of detention

  • PART 1: Immigration to Canada
  • DIVISION 6: Detention and Release
  • Detention

Last verified: June 2026 · Source: justice.gc.ca

The law says

IRPA s. 57
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(1)Within 48 hours after a permanent resident or a foreign national is taken into detention, or without delay afterward, the Immigration Division must review the reasons for the continued detention.

Further review

(2)At least once during the seven days following the review under subsection (1), and at least once during each 30-day period following each previous review, the Immigration Division must review the reasons for the continued detention.

Presence

(3)In a review under subsection (1) or (2), an officer shall bring the permanent resident or the foreign national before the Immigration Division or to a place specified by it.

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Sections numbered under s. 57

Each of these is its own section of the Act, numbered after section 57.

IRPA s. 57.1

Initial review — designated foreign national

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What that means

Designated foreign nationals who were 16 or older on arrival get a very different detention review schedule. The first review comes within 14 days instead of 48 hours. After that, reviews happen only every six months, never sooner.

The law says

(1)Despite subsections 57(1) and (2), in the case of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question, the Immigration Division must review the reasons for their continued detention within 14 days after the day on which that person is taken into detention, or without delay afterward.

Further review — designated foreign national

(2)Despite subsection 57(2), in the case of the designated foreign national referred to in subsection (1), the Immigration Division must review again the reasons for their continued detention on the expiry of six months following the conclusion of the previous review and may not do so before the expiry of that period.

Presence

(3)In a review under subsection (1) or (2), the officer must bring the designated foreign national before the Immigration Division or to a place specified by it.

Related sections

IRPA s. 56Release — officerIRPA s. 57.1Initial review — designated foreign national