14 years (punishment set by s. 132)
Section 131 defines perjury; the punishment is set by s. 132, which makes it a straight indictable offence with a 14-year maximum. Fourteen years is well past the 10-year threshold, so a conviction is serious criminality under IRPA s.36(1) for both permanent residents and foreign nationals. Deemed rehabilitation is not available for offences carrying maximums of 10 years or more. Because immigration forms, statutory declarations, and hearings are sworn, perjury findings also bear directly on the misrepresentation ground in s.40.
Lying on purpose while under oath, in an affidavit, in a sworn declaration, or from the witness box. There is no lighter route, and the penalty set in the section that follows is 14 years, well past the serious criminality line. Because immigration forms and hearings are sworn, this is one of the few offences that touches both the criminality side of a file and the honesty side.
(1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false. (1.1) Subject to subsection (3), every person who gives evidence under subsection 46(2) of the Canada Evidence Act, or gives evidence or a statement pursuant to an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act, commits perjury who, with intent to mislead, makes a false statement knowing that it is false, whether or not the false statement was made under oath or solemn affirmation in accordance with subsection (1), so long as the false statement was made in accordance with any formalities required by the law of the place outside Canada in which the person is virtually present or heard. (2) Subsection (1) applies, whether or not a statement referred to in that subsection is made in a judicial proceeding. (3) Subsections (1) and (1.1) do not apply to a statement referred to in either of those subsections that is made by a person who is not specially permitted, authorized or required by law to make that statement.