A Section 44 report is a formal document prepared by the Canada Border Services Agency (CBSA) when they believe you are inadmissible to Canada. Depending on your status and the reason for inadmissibility, this report can lead directly to a deportation order or a referral to the Immigration Division for a formal hearing.
Arriving at a Canadian airport, such as Toronto Pearson or Vancouver International, is usually a straightforward experience. However, if a border officer discovers something concerning during your screening, you may be pulled into secondary inspection. If the officer believes you have violated the Immigration and Refugee Protection Act (IRPA), they will draft a “Section 44 Report.” This is not a simple warning; it is the first major legal step toward removing you from the country.
Understanding what happens after a Section 44 report is written can be incredibly stressful. People can be flagged for many reasons, including working without a permit, overstaying a visa, or having a criminal record involving an indictable offence or a summary conviction. Generally, because your ability to remain in Canada is at severe risk, contacting a local Canadian law firm immediately is highly recommended to protect your rights.
Step-by-Step Process in Canada
The rules governing CBSA enforcement are federal, meaning the process is identical whether you are stopped at a land border in Alberta, an airport in Quebec, or a marine port in Nova Scotia. The progression of a Section 44 case follows a strict statutory path.
Step 1: Secondary Screening and Questioning
Your journey usually begins in secondary screening. A CBSA officer will examine your luggage, phone, and documents, and ask you detailed questions. You must answer truthfully. If the officer finds evidence of inadmissibility (such as undeclared work, misrepresentation, or criminal history), they will initiate the formal reporting process.
Step 2: Drafting the Section 44(1) Report
The investigating officer formally drafts the report under subsection 44(1) of the IRPA. This document outlines your personal details and the exact legal grounds on which you are believed to be inadmissible. At this stage, it is simply an allegation made by the officer, but it carries immense weight.
Step 3: Review by the Minister’s Delegate (Section 44(2))
The officer who wrote the report cannot issue a removal order on their own. The report must be forwarded to a more senior officer known as a Minister’s Delegate (MD). The MD reviews the facts to ensure they are legally sound. If the MD agrees with the report, they have two main options: issue a removal order immediately (in certain straightforward cases, like a visitor overstaying) or refer the case to the Immigration and Refugee Board (IRB).
Step 4: Referral to the Immigration Division
For more complex cases, or if you are a Permanent Resident facing serious allegations, the Minister’s Delegate will refer the Section 44 report to the Immigration Division (ID) of the IRB for an Admissibility Hearing. You will receive a “Notice to Appear” detailing when and where your hearing will take place.
Step 5: The Admissibility Hearing
An Admissibility Hearing is a formal tribunal proceeding that resembles a court trial. A member of the Immigration Division will preside over the hearing, while a CBSA hearings officer will present the government’s case against you. Your lawyer will have the opportunity to present evidence, cross-examine witnesses, and argue your defence. If the ID member finds you inadmissible, they will issue a removal order.
How Much Does it Cost in Canada?
The Canadian government does not charge a fee to process a Section 44 report or hold an Admissibility Hearing. However, defending yourself legally requires financial preparation. All fees are estimated in Canadian dollars (CAD).
| Service / Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| Government Fees | $0 | No fees charged by CBSA or the IRB. |
| Lawyer Consultation | $200 – $500 | Initial meeting to review the S.44 report. |
| Lawyer Fees (Admissibility Hearing) | $3,500 – $8,000+ | Representation at the Immigration Division. |
| Translation/Interpreter Fees | $200 – $600 | If your documents require certified translation. |
Depending on your province, if you cannot afford a lawyer, you may qualify for Legal Aid assistance, particularly in Ontario or British Columbia.
How Long Does the Process Take?
The timeline varies wildly based on whether your case is referred to the Immigration Division. A Minister’s Delegate review at an airport can happen within a few hours of you being stopped. If your case is referred to the ID for a hearing, you may wait anywhere from 3 to 8 months for your hearing date to be scheduled. During this waiting period, you might be allowed to enter Canada subject to specific conditions, or in severe cases, you may be held in immigration detention.
Frequently Asked Questions (FAQ)
Can a Permanent Resident be deported due to a Section 44 report?
Yes. If a Permanent Resident commits a serious crime in Canada (such as an indictable offence carrying a maximum sentence of 10+ years), or misrepresents themselves, they can lose their status and be deported following an Admissibility Hearing.
Do I have the right to appeal a removal order?
It depends on your status. Permanent Residents and Protected Persons often have the right to appeal to the Immigration Appeal Division (IAD). Visitors and foreign workers generally do not have this right, but they may seek Leave and Judicial Review at the Federal Court.
Can I just voluntarily leave Canada if a report is written?
In some situations, CBSA may allow you to voluntarily withdraw your application to enter Canada and leave immediately without a formal removal order on your record. This is highly discretionary and must be negotiated at the border.
What happens if I am detained by CBSA?
If the officer believes you are a flight risk, a danger to the public, or your identity is unconfirmed, you may be held in a holding centre. You have the right to a Detention Review hearing before the IRB within 48 hours to argue for your release.
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