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 | ✅ May apply (single offence, 10+ years) |
| Criminal rehab eligible | ✅ Yes (5+ years) | ✅ Yes (5+ years) |
| TRP available | ✅ Generally yes (officer discretion) | ✅ Generally yes (officer discretion) |
| Rehab application fee (confirm on IRCC) | $1,231 CAD | $246.25 CAD |
How Does Your Record Map to Canadian Law?
Every offence is different. Our Criminal Equivalency Breakdown shows how an offence like yours may map to the Criminal Code of Canada, with the likely CCC section, classification, maximum sentence, potential IRPA impact, and rehabilitation options to explore.
Included in Admissibility Breakdown and Immigration Overview
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?+
Often, yes. Through information-sharing arrangements, Canadian authorities may have access to criminal-history information that can still reflect a record even after a foreign expungement. A US expungement is not equivalent to a Canadian record suspension, so it generally does not, by itself, resolve inadmissibility. 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 Breakdown shows how an offence like yours may map to Canadian law, including the likely CCC section, classification, maximum sentence, and potential IRPA impact. Breakdowns 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 should be confirmed by a licensed immigration lawyer.
Does the sentence I received matter?+
The actual sentence received can matter for some purposes (for example, under IRPA s.36(1)(a) a term of imprisonment of more than six months imposed for a Canadian conviction), but the primary classification generally depends on the MAXIMUM sentence available under Canadian law, not what was actually imposed.
