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Last verified: June 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: June 2026 · Source: justice.gc.ca
PART 1: Immigration to CanadaDIVISION 6: Detention and Release
§61

Regulations

Regulations

Detention
🍁 In Simple Terms

Housekeeping: this lets the government write the detention rules that fill in the blanks, which grounds and factors matter for release, which conditions can or must be imposed, and what extra care applies when a child is involved.

Affects: Persons subject to removal or detention
Legal Text: IRPA Section 61

61 The regulations may provide for the application of this Division, and may include provisions respecting (a)grounds for and criteria with respect to the release of persons from detention; (a.1)the type of conditions that an officer, the Immigration Division or the Minister may impose with respect to the release of a person from detention; (a.2)the type of conditions that the Immigration Division must impose with respect to the release 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; (a.3)the conditions that an officer, the Immigration Division or the Minister must impose with respect to the release of a permanent resident or foreign national who is the subject of either a report on inadmissibility on grounds of security or a removal order for inadmissibility on grounds of security; (b)factors to be considered by an officer or the Immigration Division; and (c)special considerations that may apply in relation to the detention of minor children.

In Practice
Official Source: Justice Canada: IRPA s. 61 (authoritative, may differ from this display)
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