A person with a foreign criminal record may be inadmissible to Canada under section 36 of the Immigration and Refugee Protection Act (IRPA). Whether you are inadmissible depends on whether your foreign offence has a Canadian equivalent under the Criminal Code or another federal Act, how serious that equivalent offence is, how much time has passed since you completed your sentence, and whether you have applied for — and received — rehabilitation. There are three main pathways to enter Canada with a criminal record: deemed rehabilitation (automatic by law), applied criminal rehabilitation (a permanent resolution), or a Temporary Resident Permit (a discretionary, time-limited solution).
How IRPA Section 36 Works
Read the full text of IRPA s. 36 — Criminal Inadmissibility →Section 36 of IRPA divides criminal inadmissibility into two tiers based on the seriousness of the equivalent Canadian offence:
Serious Criminality — IRPA s.36(1)
A foreign national is inadmissible for serious criminality under s.36(1)(b) if they have been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence punishable by a maximum term of imprisonment of at least 10 years. This also applies to permanent residents under s.36(1)(b) and covers situations where the actual sentence imposed was more than 6 months. Post-December 2018, impaired driving under Criminal Code s.320.14 carries a 10-year maximum, making most DUI convictions fall under serious criminality.
Non-Serious Criminality — IRPA s.36(2)
A foreign national is inadmissible for criminality under s.36(2)(b) if convicted of an offence outside Canada that, if committed in Canada, would be punishable by a maximum of less than 10 years. This covers a broad range of offences — from minor theft to assault — that are real criminal convictions but not at the most serious tier.
Key distinction: The maximum sentence under Canadian law matters — not the sentence you actually received. A fine-only conviction for an offence that carries a possible 10-year sentence in Canada is still serious criminality under s.36(1).
The Dual Criminality Principle
Canada only considers you inadmissible if your foreign offence has a Canadian equivalent. This is called the dual criminality principle. The analysis asks: if the same conduct had occurred in Canada, would it constitute an offence under a federal Act?
This means conduct that is legal in Canada — or a regulatory infraction rather than a true criminal offence — will generally not create inadmissibility. However, the comparison is based on the elements of the offence, not the name. A US conviction for "reckless driving" may or may not have a Canadian equivalent depending on the facts.
Use the ClearToEnter Equivalency Engine to see how your specific offence maps to the Canadian Criminal Code. This is the same analysis a Canada Border Services Agency (CBSA) officer performs at the border.
DUI Equivalency: The 2018 Turning Point
Prior to December 18, 2018, a single DUI conviction in the United States or other countries typically mapped to impaired driving under the old Criminal Code provisions, which carried a maximum of 5 years imprisonment. This placed DUI in the "criminality" tier under s.36(2), making deemed rehabilitation possible after 10 years.
Effective December 18, 2018, Bill C-46 amended the Criminal Code and created s.320.14 — the new impaired operation offence with a maximum of 10 years imprisonment for most circumstances and life imprisonment where bodily harm or death results. This reclassification means a US DUI conviction now typically maps to serious criminality under s.36(1), closing the deemed rehabilitation pathway for many people.
See our detailed guide: Can You Enter Canada with a DUI?
Serious vs Non-Serious Criminality
Serious — s.36(1)
- Max penalty ≥ 10 years in Canada
- Includes DUI (post-Dec 2018)
- No deemed rehabilitation
- Criminal Rehabilitation: $1,000 CAD
- TRP available (discretionary)
Non-Serious — s.36(2)
- Max penalty < 10 years in Canada
- Minor theft, simple assault, etc.
- Deemed rehabilitation after 10 years
- Criminal Rehabilitation: $200 CAD
- TRP available (discretionary)
Comparing Your Three Options
| Factor | Deemed Rehabilitation | Criminal Rehabilitation | TRP |
|---|---|---|---|
| Eligibility | 10+ years since sentence completion; non-serious criminality only; single offence | 5+ years since sentence completion; any criminality tier | No minimum wait; any inadmissibility reason |
| Application required? | No — automatic by law (IRPA s.36(3)(b)) | Yes — submit to Canadian visa office | Yes — visa office or port of entry |
| Government fee | $0 | $200 CAD (non-serious) / $1,000 CAD (serious) | $200 CAD per person |
| Processing time | Immediate at border | 6–18+ months | Minutes (port of entry) to months (visa office) |
| Permanence | Permanent (cannot be lost unless new conviction) | Permanent — resolves inadmissibility forever | Temporary — up to 3 years; must renew |
| Works for serious criminality? | No — non-serious only | Yes — but higher fee and stricter review | Yes — discretionary |
What to Expect at the Canadian Border
Canadian Border Services Agency (CBSA) officers have access to the Canadian Police Information Centre (CPIC) and, through information-sharing agreements, can query US National Crime Information Center (NCIC) records. This means US criminal convictions — including DUIs — are routinely visible to CBSA at land border crossings, airports, and marine ports of entry.
If your record shows a conviction, the officer will conduct an admissibility determination. They will identify the foreign offence, determine the Canadian equivalent, assess the tier of inadmissibility, and decide whether you may enter. If you appear inadmissible, you will likely be directed to a secondary inspection room.
At the port of entry, you can request a Temporary Resident Permit if you have a compelling reason to enter. The officer has full discretion whether to issue one. Attempting to enter Canada knowing you are inadmissible without a TRP or approved rehabilitation is inadvisable — it can result in a removal order and a future bar on entry.
Use the ClearToEnter Admissibility Screening to understand your situation before you arrive at the border.
Deemed Rehabilitation in Detail
Under IRPA s.36(3)(b), a person is deemed rehabilitated if:
- At least 10 years have elapsed since the completion of the sentence imposed for the offence (including fines, probation, and driving prohibitions)
- The offence, if committed in Canada, would be punishable by a maximum of less than 10 years imprisonment
- Only one offence was committed — multiple convictions disqualify deemed rehabilitation
- You have not committed any other offence (including in Canada) since the original conviction
No application is needed — deemed rehabilitation occurs automatically by operation of law. However, you should carry documentation of your conviction and sentence completion date when travelling to Canada, as CBSA officers may require proof of the elapsed time period.
Applied Criminal Rehabilitation in Detail
Criminal Rehabilitation is a permanent solution available once at least 5 years have passed since sentence completion. The application is submitted to the Canadian visa office responsible for your country of residence. Required supporting documents generally include:
- Completed IMM 1444 application form
- Police certificates from every country you have lived in for 6+ months since age 18
- Complete court documents: charges, convictions, and sentences
- Evidence of rehabilitation: employment history, community involvement, treatment completion
- Processing fee: $200 CAD (non-serious) or $1,000 CAD (serious criminality)
Processing times typically range from 6 to 18 months depending on the visa office and complexity of the application. Once approved, the inadmissibility is permanently resolved — no renewal is ever required.
Temporary Resident Permit (TRP) in Detail
Under IRPA s.24(1), an officer may issue a TRP to an inadmissible person if satisfied that the need to enter or remain in Canada outweighs the health or safety risks to Canadian society. TRPs are discretionary — there is no right to receive one, and the decision is made case-by-case.
A TRP can be issued for travel, business, family emergencies, or other compelling reasons. It is valid for a specific duration (up to 3 years) and for the purpose stated in the application. After holding a TRP for 3 consecutive years, a person may apply for Criminal Rehabilitation under IRPA s.36(3)(c) — even if the 5-year wait since sentence completion has not been met in some circumstances.
Full details on TRP applications: Temporary Resident Permit Guide.
Want a personalized criminal inadmissibility assessment?
Our Admissibility Report maps your specific offence to the Canadian Criminal Code, classifies it as serious or non-serious, and identifies your resolution options.
View ReportsFrequently Asked Questions
Will Canada know about my US criminal record?
Yes, in most cases. Canada and the United States share criminal records information through CPIC/NCIC integration. CBSA officers at all ports of entry — land, air, and sea — can query US criminal records in real time. Do not assume your record is invisible at the Canadian border.
Does a pardon or expungement in my home country affect Canadian admissibility?
Generally no. A pardon, expungement, or record sealing in your home country does not eliminate Canadian inadmissibility under IRPA. Canada assesses inadmissibility independently. However, the existence of a pardon may be a positive factor in a Criminal Rehabilitation application or TRP assessment.
I was charged but not convicted — am I inadmissible?
Section 36 of IRPA focuses primarily on convictions. A charge that did not result in a conviction, or that was dismissed or stayed, generally does not create inadmissibility for criminality. However, certain other provisions of IRPA (such as security grounds under s.34) may be relevant in rare cases.
How many convictions disqualify me from deemed rehabilitation?
Two or more convictions disqualify you from deemed rehabilitation under IRPA s.36(3)(b). If you have multiple convictions, you must apply for Criminal Rehabilitation — and serve the full 5-year waiting period from the completion of your most recent sentence.
Can I apply for Criminal Rehabilitation and a TRP at the same time?
Yes. Many applicants apply for a TRP for immediate travel needs while simultaneously submitting a Criminal Rehabilitation application for the long-term solution. Having an approved TRP does not affect your rehabilitation application.
Important: Information is based on publicly available IRPA, IRPR, and IRCC policy. Not legal advice. For complex cases, consult an immigration lawyer licensed by your provincial law society.
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