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Last verified: March 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: March 2026 · Source: justice.gc.ca
PART 1: Immigration to CanadaDIVISION 6: Detention and Release
§59

Incarcerated foreign nationals

Incarcerated foreign nationals

Detention
🍁 In Simple Terms

If you're detained by another federal authority (like serving a criminal sentence) and there's also an immigration warrant out for you, the institution holding you must hand you over to an immigration officer when your sentence is done. You don't just walk free — immigration gets custody next.

Affects: Persons subject to removal or detention
Legal Text — IRPA Section 59

59 If a warrant for arrest and detention under this Act is issued with respect to a permanent resident or a foreign national who is detained under another Act of Parliament in an institution, the person in charge of the institution shall deliver the inmate to an officer at the end of the inmate’s period of detention in the institution.

In Practice
Official Source: Justice Canada — IRPA s. 59 (authoritative, may differ from this display)
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