What is a Direction to Leave Canada?

Crossing the border is a nerve-racking experience for most people. However, it usually ends up peacefully. Unfortunately, this is not the case for everyone. Sometimes you may receive a Direction to Leave Canada.

Examination at a port of entry

A person who tries to enter Canada is subject to examination. When you reach a port of entry, you automatically enter the Primary Inspection Line (PIL). Of course, this is where a Border Services Officer (BSO) asks for your passport and other documents. Subsequently, if the BSO believes you may enter Canada, they will let you in. However, if the BSO believes you are inadmissible to Canada or your examination could take a long time, they will send you to the secondary exam. Of course, you must not panic at this moment as the next officer could allow you to enter Canada.  Regardless, if they don’t, several scenarios could happen. For example,

• They could encourage you to withdraw your application to enter Canada voluntarily.
• You could face a Removal Order.
• You could receive a Direction to Leave Canada or a Direction to Return to the United States.
• They could refer you to the Immigration Division for a removal order hearing.
• You could face detention under the Immigration Act.

Sometimes, they go midway and allow you to enter Canada with a Temporary Resident Permit. While these scenarios are improbable, consider having an immigration professional’s contact information handy for advice in those situations. However, sometimes officers deny you access to a lawyer or an immigration consultant.

What is a Direction to Leave Canada?

Imagine, for any reason (e.g., lack of proper documents), the officer is unable to examine you. Consequently, they may decide to issue a Direction to Leave Canada. Of course, this decision stems from subsection 40(1) of the Immigration Regulations. As a result, you must leave Canada and come back later to apply for entry. Of course, you may come back only when you believe you can respond to the previous BSO’s concerns. The officer may not issue a Direction to Leave Canada if you are properly filing for asylum.

If you doubt whether your issue is a Direction to Leave, look at the document that the officer handed over to you. If the document is IMM 1217B (formerly BSF503), you have received a Direction to Leave Canada. Alternatively, you may receive IMM 1282 (Allowed to Leave Canada).

Direction to Return to the US

When you are entering Canada from the United States, a BSO may return you to the United States. Of course, any of the following situations must occur:

• The BSO cannot complete the examination.
• There is no high-ranking officer to issue a removal order.
• The Immigration Division cannot hold an inadmissibility hearing.
• You are in contravention of the Emergencies Act or the Quarantine Act (e.g. while the borders are not open due to COVID-19).

Sometimes, they allow you to enter if they believe you are an exempt family member.

Nonetheless, if they return you to the US, you will receive IMM 1237B (formerly BSF505).

Direction to Leave Canada vs. a removal order

Generally speaking, a Direction to Leave Canada is not a removal order. Therefore, if you receive IMM 1217B or IMM 1237B, you may go back to the port of entry at any time for a re-examination. Consequently, you do not need an Authorization to Return to Canada. However, make sure to address the issues and bring enough documents this time. For example, if you have received IMM 1237B because of the Quarantine Act, you may not go back unless the Act no longer applies to you. However, if you show up again, you could receive an Exclusion Order this time.

What if you are directed back to the US and receive an exclusion order?

When travelling to Canada from the United States, you might be directed back to the US if a border officer is not satisfied that you will leave Canada by the end of your authorized stay. In some cases, this is just an administrative step called a Direction to Leave Canada, which is not a formal removal order. With a Direction to Leave, you can return to the border for a new examination any time, as long as you are prepared to address the officer’s concerns.

However, in certain circumstances, the officer may issue a formal removal order known as an exclusion order. According to section 228(1.1) of the Immigration and Refugee Protection Regulations (IRPR), if you are sent back to the United States because you failed to convince the officer that you would leave Canada at the end of your stay—and this is formalized in a written report—a removal order may be issued without a hearing. In this situation, you will receive an exclusion order, which is an official removal order that will appear on your immigration record.

Receiving an exclusion order means you are typically barred from returning to Canada for at least one year. If you want to return to Canada during this period, you will need to apply for special permission, known as an Authorization to Return to Canada (ARC).

In summary:

• If you receive a Direction to Leave Canada, it is not a removal order, and you can return to the port of entry any time after addressing the officer’s concerns.
• If you receive an exclusion order at the border (under section 228(1.1)), you are officially removed from Canada and face a period of ineligibility to return. An ARC may be required if you wish to come back before the end of the exclusion period.

This distinction is important, especially for travellers from the US, because being directed back does not always have the same long-term consequences as being issued an exclusion order.

Ask your questions

If you have an immigration-related question, fill out the following form. Of course, I’ll do my best to answer general questions under the Q&A category. A general question is like the one I answered here (i.e. What is a Direction to Leave Canada?). However, if the question is case-specific, I’ll advise you to book a consultation session.