When a foreign national applies to enter Canada with a criminal record, Canadian immigration authorities don't look at the foreign law — they look at what the equivalent offence would be under Canadian law. This is the dual criminality principle, and it determines everything: whether you're admissible, which IRPA section applies, and what rehabilitation options are available to you.
What Is Criminal Equivalency?
Criminal equivalency is the process of mapping a foreign criminal conviction to its closest equivalent under the Criminal Code of Canada (CCC). The Canadian equivalent — not the foreign charge — determines:
- 1.Classification — Is the Canadian equivalent a summary offence, indictable offence, or hybrid offence?
- 2.Maximum sentence — What is the maximum penalty under Canadian law? This determines serious vs. non-serious criminality.
- 3.IRPA classification — Does it fall under s.36(1) serious criminality (max 10+ years) or s.36(2) non-serious criminality?
- 4.Rehabilitation options — Deemed rehabilitation, criminal rehabilitation application, or TRP eligibility.
Why Does It Matter?
The same offence can have very different consequences depending on its Canadian equivalent:
A US DUI maps to Criminal Code s.320.14 (impaired operation) — maximum 10 years imprisonment. This makes it serious criminality under IRPA s.36(1). Deemed rehabilitation is NOT available.
A US petty theft maps to Criminal Code s.334(b) — maximum 2 years imprisonment (hybrid offence). This is non-serious criminality under IRPA s.36(2). Deemed rehabilitation IS available after 10 years.
Serious vs. Non-Serious Criminality
| Feature | Serious (s.36(1)) | Non-Serious (s.36(2)) |
|---|---|---|
| Maximum sentence | 10+ years under CCC | Under 10 years |
| IRPA section | s.36(1) | s.36(2) |
| Deemed rehab eligible | ❌ No | ✅ Yes (10+ years) |
| Criminal rehab eligible | ✅ Yes (5+ years) | ✅ Yes (5+ years) |
| TRP available | ✅ Yes (immediate) | ✅ Yes (immediate) |
| Rehab application fee | $1,000 CAD | $200 CAD |
How Does Your Record Map to Canadian Law?
Every offence is different. Our Criminal Equivalency Report maps your specific conviction to the Criminal Code of Canada — showing the exact CCC section, classification, maximum sentence, IRPA impact, and your rehabilitation options.
Included in Admissibility Report and Immigration Pathway Report
How Does Canada Assess Foreign Convictions?
- 1Identify the foreign offence — The officer reviews the charge, conviction details, and sentence from the foreign jurisdiction.
- 2Find the Canadian equivalent — The officer determines which Criminal Code of Canada section the offence most closely maps to.
- 3Determine classification — Is the Canadian equivalent a summary conviction offence, indictable offence, or hybrid offence?
- 4Check maximum sentence — If the maximum under Canadian law is 10+ years, it's serious criminality (IRPA s.36(1)). Under 10 years = non-serious (s.36(2)).
- 5Determine admissibility — Based on the classification, the officer assesses rehabilitation eligibility and makes an admissibility determination.
Frequently Asked Questions
What is the dual criminality principle?+
Under Canadian immigration law, a foreign conviction is assessed based on what the equivalent offence would be under the Criminal Code of Canada — not the foreign law. This is the dual criminality principle, codified in IRPA s.36.
Does Canada see expunged or pardoned convictions?+
Generally yes. Canadian border officers have access to US criminal databases (CPIC/NCIC) which may still show expunged records. A US expungement is not equivalent to a Canadian record suspension. See our guide on expunged records for details.
What makes a conviction "serious criminality"?+
Under IRPA s.36(1), an offence is classified as serious criminality if the equivalent Canadian offence carries a maximum sentence of 10 years or more. This includes DUI (post-2018), assault causing bodily harm, trafficking, and many other offences.
Can I check my own equivalency before travelling?+
Yes — our Criminal Equivalency Report maps your specific conviction to Canadian law, showing the CCC section, classification, maximum sentence, and IRPA impact. Reports start at $49.99 and are completely anonymous.
What if my offence has no Canadian equivalent?+
If there is no equivalent offence under Canadian law, the dual criminality principle means the conviction generally does not create inadmissibility. However, this assessment should be confirmed by a licensed immigration lawyer.
Does the sentence I received matter?+
The actual sentence received matters for some purposes (e.g., IRPA s.36(1)(b) — actually sentenced to 6+ months), but the primary classification depends on the MAXIMUM sentence available under Canadian law, not what was actually imposed.
Related Tools & Guides
Important: This tool provides general information based on publicly available Canadian immigration law (IRPA). Results are not a determination of admissibility. Only a CBSA officer at a port of entry can make admissibility decisions. For complex legal situations, professional guidance may also be beneficial.