Can an adjudicator make a deportation order rather than a departure notice under s. 45(1) of the Immigration Code?

In the present case, in proceeding to determine before adjourning under s-s. 45(1) that a deportation order rather than a departure notice should be made, the adjudicator relied on and followed an interpretation of that subsection adopted by this court in Ergul v. Minister of Employment and Immigration, [1982] 2 F.C. 98, 39 N.R. 503, which held that an inquiry which had been adjourned before such a determination had been made could not be regarded as having been adjourned pursuant to s-s. 45(1) or as resumed under s-s. 46(1) and for that reason could not be resumed before a different adjudicator without the consent of the person concerned.