Removal Cost Recovery Update

Summary#

This is a proposed change to the Immigration and Refugee Protection Regulations by the Canada Border Services Agency to update how the government recovers the cost of removing people from Canada. If adopted, people who were removed at the government's expense and later try to return would face new, higher fees: an unescorted removal fee of $3,739, an escorted removal fee of $12,541, and a detention fee of $1,495. The proposal was published on December 2, 2023 and is open for public comment for 30 days; the government plans to bring the rules into force on April 8, 2024 if approved.

What it does#

• Replaces the current destination-based fees (currently $750 for the United States/St. Pierre and Miquelon and $1,500 for elsewhere) with a two-tier system:
  • Unescorted removals: $3,739.
  • Escorted removals (air): $12,541.
• Adds a detention charge of $1,495 to the unescorted or escorted fee when a person was detained for removal.
• Creates exemptions or special rules so that:
  • Minors and medically escorted removals are charged the unescorted fee instead of the escorted fee.
  • Escorted removals by land are charged the unescorted fee (since land removals generally cost less).
  • Detention fees do not apply to minors in removal detention.
• Provides for annual inflation adjustments to the fees through the Service Fees Act.
• Applies only to people removed on or after the planned coming-into-force date (planned for April 8, 2024).
• Changes to the Global Case Management System would block approval of new immigration documents until outstanding removal fees are paid, and create flags for port-of-entry processing.

Who's affected#

• People who were removed from Canada at the government's expense and later apply to re-enter or apply for visas, work or study permits, or an electronic travel authorization.
• Family members or sponsors who are trying to reunite with someone who was removed may be affected if that person must repay removal costs.
• Canada Border Services Agency and Immigration, Refugees and Citizenship Canada staff who will collect the fees and make IT and process changes.
• Transport companies can still be held liable in some cases instead of the individual, under existing rules.
• Stakeholder groups that responded during consultation included the British Columbia Civil Liberties Association, the Canadian Bar Association (National Immigration Law Section), the Canadian Association of Refugee Lawyers, and the Refugee Law Office — they raised concerns about fairness and the effects on vulnerable people.

Why it matters#

• The new fees are substantially higher than the current amounts (compare $3,739 and $12,541 to the current $750 / $1,500). That can be a large financial barrier for people who were removed and later want to return.
• The government estimates the change would increase revenue by about $11.2 million over 10 years and notes current annual recoveries average about $497,100. Those figures reflect expected collections, not other social costs.
• The rules are intended to better match actual removal costs and to encourage voluntary compliance with removal orders (so people leave at their own expense instead of being removed by the government).
• Critics warned the higher fees could hurt low-income and vulnerable people and could affect family reunification. The agency adjusted some rules (for minors and medical escorts) and points to existing discretionary routes (Temporary Resident Permits and humanitarian and compassionate considerations) for exceptional cases.
• This is a proposed regulatory change, not yet in force. Public comments were invited for 30 days after publication on December 2, 2023.