Updated fees for immigration removals

Summary#

This is a proposed change to the Immigration and Refugee Protection Regulations announced by the Canada Border Services Agency on December 2, 2023. It would replace the old destination-based removal fees with two new fees — $3,739 for unescorted removals and $12,541 for escorted removals — plus a $1,495 detention charge in some cases. The proposal is at the consultation stage and was published with a 30‑day comment period; it is planned to come into force on April 8, 2024 if approved.

What it does#

• Replaces the current destination-based removal fees with two main charges:
  • Unescorted removal fee: $3,739.
  • Escorted removal fee (air escorts): $12,541.
• Adds a detention fee of $1,495 for adults detained in specific circumstances related to removal.
• Keeps the higher escorted fee from applying in certain situations:
  • Minors and people removed under a medical escort would pay the unescorted fee ($3,739) instead of the escorted fee.
  • Escorted removals by land would be charged the unescorted fee.
  • Detention fees would not apply to minors and would be limited to adults detained after certain reviews or decisions.
• Moves away from fees tied to the destination of removal (e.g., U.S. vs. elsewhere).
• Sets the new fees to be adjusted each year using the Consumer Price Index.
• Applies only to people removed on or after the date the new rules come into force (planned April 8, 2024).
• Leaves existing discretionary options in place: people who can’t pay may still be considered for entry via a Temporary Resident Permit or humanitarian and compassionate (H&C) processes.

Who's affected#

• Primarily foreign nationals who were removed from Canada at the Government’s expense and later try to return to Canada. They would generally need to repay these removal costs before re-entering.
• People who are detained as part of removal operations (adult detainees may face the $1,495 charge in certain cases).
• Minors and those removed under medical escort: they would have protections from the higher escorted fee and from the detention fee.
• The Canada Border Services Agency and Immigration, Refugees and Citizenship Canada for implementing and collecting the fees.
• Stakeholders who responded to the consultation and raised concerns include British Columbia Civil Liberties Association (BCCLA), Canadian Bar Association (National Immigration Law Section), Canadian Association of Refugee Lawyers, and the Refugee Law Office.
• The proposal says Canadian small businesses would not be affected.

Why it matters#

• Money and access: the proposed fees are much higher than the old 1993 amounts. The government expects to recover around $11.2 million over 10 years (present value). For individuals, that could make returning to Canada harder or more expensive.
• Incentives and behaviour: the government says higher fees should encourage voluntary departure in the first place. Critics worry the increases could unfairly hit low‑income or vulnerable people and make family reunification harder.
• Practical effects at borders and visa processing: unpaid removal costs would block approval of new immigration documents and could lead to denial of entry at ports of entry unless a discretionary exemption (like a TRP) is granted.
• It is a proposal, not yet law. The change was published on December 2, 2023 with a 30‑day comment period and is planned to come into force on April 8, 2024 if finalized.