Immigration and Refugee Protection Regulations

r. 248 Other factors

PART 14 Detention and Release

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

The law says

IRPR r. 248

248 If it is determined that there are grounds for detention, the following factors shall be considered before a decision is made on detention or release:

(a)the reason for detention;
(b)the length of time in detention;
(c)whether there are any elements that can assist in determining the length of time that detention is likely to continue and, if so, that length of time;
(d)any unexplained delays or unexplained lack of diligence caused by the Department, the Canada Border Services Agency or the person concerned;
(e)the existence of alternatives to detention; and
(f)the best interests of a directly affected child who is under 18 years of age.

Amendment History (2)

SOR/2017-214, s. 7
SOR/2019-213, s. 1

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

Sections numbered under r. 248

Each of these is its own section of the Regulations, numbered after section 248.

IRPR r. 248.1

Best interests of the child

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What that means

Detaining a child is meant to be the last resort, and this is the list decision-makers have to work through first. The first factor is the child's physical, emotional and psychological wellbeing. Health and education needs come next. Then comes the importance of keeping family relationships and a stable environment intact. Care and safety needs count too. So do the child's own views, where they are old enough to form them. Decision-makers must also weigh how much the child depends on the person there are grounds to detain.

The law says

(1)For the purpose of paragraph 248(f) and for the application, in respect of children who are under 18 years of age, of the principle affirmed in section 60 of the Act, that a minor child shall be detained only as a measure of last resort, the following factors must be considered when determining the best interests of the child:

(a)the child’s physical, emotional and psychological well-being;
(b)the child’s healthcare and educational needs;
(c)the importance of maintaining relationships and the stability of the family environment, and the possible effect on the child of disrupting those relationships or that stability;
(d)the care, protection and safety needs of the child; and
(e)the child’s views and preferences, provided the child is capable of forming their own views or expressing their preferences, taking into consideration the child’s age and maturity.

Degree of dependence

(2)For the purpose of paragraph 248(f), the level of dependency of the child on the person for whom there are grounds to detain shall also be considered when determining the best interests of the child.

IRPR r. 247Identity not established IRPR r. 248.1Best interests of the child

r. 248 Other factors

Sections numbered under r. 248

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