Higher removal fees for returned foreign nationals

Summary#

This is a proposed set of changes to the Immigration and Refugee Protection Regulations (IRPR) published on December 2, 2023. It would replace the old, destination-based removal fees with new fixed charges: an unescorted removal fee of $3,739, an escorted removal fee of $12,541, and an added detention charge of $1,495. The proposal is not law yet and invites comments for 30 days.

What it does#

• Replaces the old two-tier geographic fee (previously $750 for the United States / St. Pierre and Miquelon, $1,500 for elsewhere) with:
  • an unescorted removal fee of $3,739, and
  • an escorted removal fee of $12,541.
• Adds a separate detention charge of $1,495 to be applied in specific adult detention situations.
• Exempts some cases from the higher escorted fee:
  • minors and people removed under medical escort would pay the unescorted fee instead, and
  • escorted removals by land would be charged the unescorted fee.
• Plans to adjust the fees each year for inflation (Consumer Price Index) after the rules come into force.
• Would apply only to removals that happen after the rules take effect (planned coming-into-force date April 8, 2024, if enacted).
• Changes to systems and operations are proposed so that outstanding removal costs are flagged in immigration systems and can block approvals or lead to denial of entry until paid.

Who's affected#

• Primarily foreign nationals who were removed from Canada at the Government’s expense and later try to return to Canada by applying for a visa, permit, eTA, or seeking entry at a port of entry.
• The Canada Border Services Agency (CBSA) and Immigration, Refugees and Citizenship Canada (IRCC), since both would handle fee collection and IT changes.
• Transport companies can sometimes be liable for removal costs under the law; that liability remains part of the framework.
• Stakeholder groups that responded to the consultation include the British Columbia Civil Liberties Association (BCCLA), Canadian Bar Association (National Immigration Law Section), Canadian Association of Refugee Lawyers, and the Refugee Law Office. They raised concerns about fee size, impacts on vulnerable people, and family reunification.

Why it matters#

• For individuals: the cost to return to Canada after a government-funded removal would rise substantially. That can create a real financial barrier for people trying to reunite with family or resume life in Canada.
• For public policy: the government says the higher fees better reflect actual removal costs and are intended to encourage voluntary compliance with removal orders.
• For government finances: the Canada Border Services Agency and IRCC estimate the change would raise about $11.2 million over 10 years (compared with current average collections of about $497,100 per year).
• For operations: the proposal requires system and process changes that could affect how applications are processed abroad and at ports of entry (for example, blocking approvals until fees are repaid).
• Equity concerns: stakeholders warned the higher fees may hit low-income or vulnerable people hardest. The government points to existing discretionary tools (temporary resident permits and humanitarian and compassionate exemptions) for exceptionally compelling cases, but the rules do not add broader new exemptions beyond the child and medical-escort adjustments noted above.

If you want to comment: the Canada Gazette notice invited submissions within 30 days of publication (the notice was published December 2, 2023).