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Last verified: March 2026 · Source: justice.gc.ca← Back to Law Explorer
IRPRPART 4 ProceduresDIVISION 3 Conduct of Examination
r.40

Direction to leave

🍁 In Simple Terms

If a border officer cannot examine you because you're unavailable or the examination cannot be completed, the officer must issue you a written direction to leave Canada, with a copy also served on the transportation carrier that brought you. This direction is formal and carries legal weight.

Affects: Foreign nationals and permanent residents in Canada
Legal Text — IRPR Regulation 40

(1)40 (1) Except in the case of protected persons within the meaning of subsection 95(2) of the Act and refugee protection claimants, an officer who is unable to examine a person who is seeking to enter Canada at a port of entry shall, in writing, direct the person to leave Canada.

(2)(2) A copy of the direction shall be served on the person as well as on the owner or person in control of the means of transportation, if any, that brought the person to Canada.

(3)(3) The direction ceases to have effect when the person appears again at a port of entry and an officer proceeds to examine the person.

IRPA Authority
In Practice
Official Source: Justice Canada — IRPR r. 40 (authoritative, may differ from this display)
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