Is a DUI a felony in Canada? How foreign convictions compare
No. Canada has no felonies or misdemeanours. The Criminal Code has summary offences, indictable offences and hybrid offences that can be prosecuted either way. Impaired driving committed on or after December 18, 2018 carries a maximum of 10 years, which makes it serious criminality under IRPA s.36(1). An officer compares each foreign conviction.
Look up an offence
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The class ladder
The Canadian offence and its maximum set the rung. The foreign label does not.
Maximum of 10 years or more
Serious criminality
IRPA s.36(1). IRPR s.18 provides no deemed rehabilitation for this class. A rehabilitation application can be made 5 years after the sentence ends (IRPR s.17).
Maximum under 10 years, indictable or hybrid
Criminality
IRPA s.36(2). A hybrid offence counts as indictable (s.36(3)(a)). For one conviction outside Canada: deemed rehabilitation 10 years after the sentence ends if the other conditions are met (IRPR s.18(2)(a)), or an application after 5 years (IRPR s.17).
Summary conviction only
One conviction is not on the list
One conviction whose Canadian match is summary only is not on the list in IRPA s.36(2)(b). Two or more from separate events are: deemed rehabilitation 5 years after the sentences end if the other conditions are met (IRPR s.18(2)(b)).
Browse all 32 offences in the table
Every row, with its section, maximum and class. Tap a name to place it on the ladder.
- Canadian section
- s.320.14(1)
- Maximum
- 10 years
- Prosecuted
- Hybrid (counts as indictable)
Serious criminality, s.36(1)
No deemed class
IRCC judges these on the penalties in force at the time.
- Canadian section
- former s.253, s.255(1) (opens Justice Laws)
- Maximum
- 5 years
- Prosecuted
- Hybrid (counts as indictable)
Criminality, s.36(2)
One conviction: r.18(2)(a), 10 years
- Canadian section
- s.320.15(1)
- Maximum
- 10 years
- Prosecuted
- Hybrid (counts as indictable)
Serious criminality, s.36(1)
No deemed class
- Canadian section
- s.320.14(2)
- Maximum
- 14 years
- Prosecuted
- Hybrid (counts as indictable)
Serious criminality, s.36(1)
No deemed class
Careless driving under provincial traffic law is a separate matter, outside the Criminal Code.
- Canadian section
- s.320.13(1)
- Maximum
- 10 years
- Prosecuted
- Hybrid (counts as indictable)
Serious criminality, s.36(1)
No deemed class
The maximum in force when the offence was committed is the one that counts (Tran v. Canada, 2017 SCC 50).
- Canadian section
- former s.249(1), s.249(2) (opens Justice Laws)
- Maximum
- 5 years
- Prosecuted
- Hybrid (counts as indictable)
Criminality, s.36(2)
One conviction: r.18(2)(a), 10 years
- Canadian section
- s.334(b)
- Maximum
- 2 years
- Prosecuted
- Hybrid (counts as indictable)
Criminality, s.36(2)
One conviction: r.18(2)(a), 10 years
- Canadian section
- s.334(a)
- Maximum
- 10 years
- Prosecuted
- Hybrid (counts as indictable)
Serious criminality, s.36(1)
No deemed class
- Canadian section
- s.380(1)(b)
- Maximum
- 2 years
- Prosecuted
- Hybrid (counts as indictable)
Criminality, s.36(2)
One conviction: r.18(2)(a), 10 years
- Canadian section
- s.380(1)(a)
- Maximum
- 14 years
- Prosecuted
- Indictable only
Serious criminality, s.36(1)
No deemed class
- Canadian section
- s.355(b)
- Maximum
- 2 years
- Prosecuted
- Hybrid (counts as indictable)
Criminality, s.36(2)
One conviction: r.18(2)(a), 10 years
- Canadian section
- s.430(4)
- Maximum
- 2 years
- Prosecuted
- Hybrid (counts as indictable)
Criminality, s.36(2)
One conviction: r.18(2)(a), 10 years
- Canadian section
- s.175(1)
- Maximum
- 2 years less a day (summary)
- Prosecuted
- Summary only
s.36(2) only if two or more convictions
Two or more: r.18(2)(b), 5 years
- Canadian section
- s.266
- Maximum
- 5 years
- Prosecuted
- Hybrid (counts as indictable)
Criminality, s.36(2)
One conviction: r.18(2)(a), 10 years
- Canadian section
- s.267
- Maximum
- 10 years
- Prosecuted
- Hybrid (counts as indictable)
Serious criminality, s.36(1)
No deemed class
- Canadian section
- s.268
- Maximum
- 14 years
- Prosecuted
- Indictable only
Serious criminality, s.36(1)
No deemed class
- Canadian section
- s.270
- Maximum
- 5 years
- Prosecuted
- Hybrid (counts as indictable)
Criminality, s.36(2)
One conviction: r.18(2)(a), 10 years
- Canadian section
- s.264.1(2)
- Maximum
- 5 years
- Prosecuted
- Hybrid (counts as indictable)
Criminality, s.36(2)
One conviction: r.18(2)(a), 10 years
- Canadian section
- s.264
- Maximum
- 10 years
- Prosecuted
- Hybrid (counts as indictable)
Serious criminality, s.36(1)
No deemed class
- Canadian section
- s.271
- Maximum
- 10 years (14 if under 16)
- Prosecuted
- Hybrid (counts as indictable)
Serious criminality, s.36(1)
No deemed class
- Canadian section
- s.348(1)(e)
- Maximum
- 10 years
- Prosecuted
- Hybrid (counts as indictable)
Serious criminality, s.36(1)
No deemed class
- Canadian section
- s.348(1)(d)
- Maximum
- Life
- Prosecuted
- Indictable only
Serious criminality, s.36(1)
No deemed class
- Canadian section
- s.90
- Maximum
- 5 years
- Prosecuted
- Hybrid (counts as indictable)
Criminality, s.36(2)
One conviction: r.18(2)(a), 10 years
- Canadian section
- s.88
- Maximum
- 10 years
- Prosecuted
- Hybrid (counts as indictable)
Serious criminality, s.36(1)
No deemed class
- Canadian section
- CDSA s.4(3)
- Maximum
- 7 years
- Prosecuted
- Hybrid (counts as indictable)
Criminality, s.36(2)
One conviction: r.18(2)(a), 10 years
- Canadian section
- CDSA s.4(4)
- Maximum
- 5 years less a day
- Prosecuted
- Hybrid (counts as indictable)
Criminality, s.36(2)
One conviction: r.18(2)(a), 10 years
- Canadian section
- CDSA s.5(3)(a)
- Maximum
- Life
- Prosecuted
- Indictable only
Serious criminality, s.36(1)
No deemed class
- Canadian section
- CDSA s.5(3)(b)
- Maximum
- 10 years
- Prosecuted
- Hybrid (counts as indictable)
Serious criminality, s.36(1)
No deemed class
- Canadian section
- CDSA s.5(3)(c)
- Maximum
- 3 years
- Prosecuted
- Hybrid (counts as indictable)
Criminality, s.36(2)
One conviction: r.18(2)(a), 10 years
Adult possession within the limits is legal in Canada.
- Canadian section
- Cannabis Act s.8
- Maximum
- 5 years less a day
- Prosecuted
- Hybrid (counts as indictable)
Criminality, s.36(2)
One conviction: r.18(2)(a), 10 years
- Canadian section
- s.403
- Maximum
- 10 years
- Prosecuted
- Hybrid (counts as indictable)
Serious criminality, s.36(1)
No deemed class
- Canadian section
- s.139(2)
- Maximum
- 10 years
- Prosecuted
- Hybrid (counts as indictable)
Serious criminality, s.36(1)
No deemed class
Law last checked: November 11, 2026. Maximums and classes come from this site's Criminal Code data, checked against Justice Laws on November 11, 2026. The page fails to build if the table and the data ever disagree.
The officer's method
How do officers compare a foreign offence?
By its essential elements, not its name. The elements are the things a court had to find to convict: for impaired driving, that the person operated a vehicle, and was impaired or over the limit. When the foreign offence and a Canadian offence share the same essential elements, they are equivalent. The enforcement manual ENF 3 records three ways to show it, taken from the decision in Hill v. Canada (Minister of Employment and Immigration): compare the wording of the two laws; look at the evidence, spoken and written, to see whether the essential elements of the Canadian offence were proven in the foreign case; or use both.
The five steps
Identify the foreign offence
The officer reviews the charge, the conviction and the sentence from the foreign court.
Find the Canadian equivalent
The officer compares the essential elements with the Criminal Code and other federal laws, and picks the closest match.
Check how it is prosecuted
Summary only, indictable only, or hybrid. Hybrid counts as indictable (IRPA s.36(3)(a)).
Check the maximum
A maximum of 10 years or more is serious criminality (IRPA s.36(1)). Under 10 years is criminality (s.36(2)).
Apply the rehabilitation rules
The officer checks whether a deemed class in IRPR r.18 applies or an approved rehabilitation exists, then decides.
An officer decides.
Take a maximum to the Rehabilitation CalculatorReference
The rules behind the ladder
Each one opens in place.
What the Canadian equivalent decides
When a foreign national with a criminal record applies to come to Canada, officers do not apply the foreign law. They ask what the offence would be under Canadian law. This is the dual criminality principle. The Canadian equivalent decides which part of IRPA s.36 applies and which rehabilitation rules can follow.
The Canadian equivalent, not the foreign charge, decides four things:
- How the offence is prosecuted in Canada: summary only, indictable only, or hybrid (either way). A hybrid offence counts as indictable for immigration (IRPA s.36(3)(a)).
- The maximum sentence under Canadian law. The sentence the person actually got does not set the class.
- The part of s.36: a maximum of 10 years or more is serious criminality under s.36(1). A lower maximum is criminality under s.36(2).
- Which rehabilitation rules can apply: deemed rehabilitation (IRPR r.18), an application (IRPR r.17), or a Temporary Resident Permit for a single trip.
Impaired driving and the December 18, 2018 change
An impaired-driving offence committed on or after December 18, 2018 matches Criminal Code s.320.14, with a maximum of 10 years. That is serious criminality under IRPA s.36(1), and no deemed class covers it. For an offence committed before that date, IRCC uses the penalties in force at the time: a 5-year maximum, which is criminality under s.36(2). One such conviction can reach deemed rehabilitation 10 years after the sentence ended (IRPR r.18(2)(a)).
Theft of $5,000 or less
A petty theft abroad may match Criminal Code s.334(b), with a maximum of 2 years. It is hybrid, so it counts as indictable (IRPA s.36(3)(a)) and falls under s.36(2). One conviction can reach deemed rehabilitation after 10 years (IRPR r.18(2)(a)). Two such convictions fit neither deemed class, because r.18(2)(b) needs every offence to be summary only.
Three made-up comparisons: a DUI, a UK assault, a petty theft
Officers compare elements, not names
Three made-up comparisons. Each one ends the same way.
A "DUI" in one US state, a "DWI" in another
The names differ, but both may match Criminal Code s.320.14 when the elements are the same: operating a vehicle while impaired, or with a blood alcohol level over the limit. A plea to a different charge, such as reckless driving, has different elements, so the officer compares it on its own terms.
An officer decides.
A UK "common assault"
The elements, applying force or making someone fear immediate force, line up with Criminal Code s.265 and s.266. The Canadian maximum is 5 years and the offence is hybrid, so it counts as indictable: criminality under IRPA s.36(2).
An officer decides.
What each class means for rehabilitation
| Foreign conviction | Serious criminality s.36(1) | Criminality s.36(2) | Summary-only equivalent |
|---|---|---|---|
| Canadian maximum | 10 years or more | Under 10 years, hybrid or indictable | Summary conviction only |
| IRPA section | s.36(1)(b) | s.36(2)(b) | s.36(2)(b), only with two or more convictions not from a single occurrence |
| Deemed rehabilitation | None | One conviction: 10 years from the day after the sentence ended (IRPR r.18(2)(a)) | Two or more: 5 years from the day after the sentences ended (IRPR r.18(2)(b)) |
| Criminal rehabilitation application | Five years after the sentence ended (IRPR r.17) | Five years after the sentence ended (IRPR r.17) | Five years after the sentences ended (IRPR r.17) |
| IRCC application fee | $1,231 | $246.25 | $246.25 |
| Temporary Resident Permit | An officer may issue one for a trip. Fee $246.25 | An officer may issue one for a trip. Fee $246.25 | An officer may issue one for a trip. Fee $246.25 |
Serious criminality
- Canadian maximum
- 10 years or more
- IRPA section
- s.36(1)(b)
- Deemed rehabilitation
- None
- Criminal rehabilitation application
- Five years after the sentence ended (IRPR r.17)
- IRCC application fee
- $1,231
- Temporary Resident Permit
- An officer may issue one for a trip. Fee $246.25
Criminality
- Canadian maximum
- Under 10 years, hybrid or indictable
- IRPA section
- s.36(2)(b)
- Deemed rehabilitation
- One conviction: 10 years from the day after the sentence ended (IRPR r.18(2)(a))
- Criminal rehabilitation application
- Five years after the sentence ended (IRPR r.17)
- IRCC application fee
- $246.25
- Temporary Resident Permit
- An officer may issue one for a trip. Fee $246.25
Summary-only equivalent
- Canadian maximum
- Summary conviction only
- IRPA section
- s.36(2)(b), only with two or more convictions not from a single occurrence
- Deemed rehabilitation
- Two or more: 5 years from the day after the sentences ended (IRPR r.18(2)(b))
- Criminal rehabilitation application
- Five years after the sentences ended (IRPR r.17)
- IRCC application fee
- $246.25
- Temporary Resident Permit
- An officer may issue one for a trip. Fee $246.25
Fees checked on the IRCC fee list on September 26, 2026. Verify on ircc.canada.ca(opens in a new tab)
Convictions in Canada work differently
Deemed rehabilitation and criminal rehabilitation apply only to convictions and acts outside Canada (IRPA s.36(3)(c)). A conviction in Canada is removed by a record suspension from the Parole Board of Canada (IRPA s.36(3)(b)). One more rule: under IRPR r.18.1, two or more summary-only convictions in Canada stop counting under s.36(2)(a) five years after the sentences ended.
Work out the dates in the Rehabilitation CalculatorFrequently asked questions
Is a DUI a crime in Canada?
Yes. Impaired driving is an offence under the Criminal Code, at s.320.14. For an offence committed on or after December 18, 2018, the maximum on indictment is 10 years. It is a hybrid offence, prosecuted either summarily or by indictment, and for immigration a hybrid offence counts as indictable (IRPA s.36(3)(a)). A foreign DUI is compared with this section. Impaired driving and entry to Canada
What is the equivalent of a felony in Canada?
There is no equivalent. Felony and misdemeanour are US categories with no meaning in Canadian immigration law. The Criminal Code sorts offences as summary, indictable or hybrid. For immigration, the line that matters is the Canadian maximum: 10 years or more is serious criminality under IRPA s.36(1). Many US felonies cross that line once matched to a Canadian offence. US felonies and entry to Canada
Can you go to Canada with a misdemeanour?
It depends on the Canadian offence it matches, not on the label. Most Criminal Code offences are hybrid, and a hybrid offence counts as indictable, so one such conviction is criminality under IRPA s.36(2)(b). One conviction whose Canadian match is summary only is not on that list. Where s.36 applies, the routes are deemed rehabilitation, criminal rehabilitation or a Temporary Resident Permit. An officer decides. US misdemeanours and entry to Canada
Is a DUI a criminal record in Canada?
Yes. Impaired driving is a Criminal Code offence, so a DUI conviction is a criminal conviction. For a foreign national, a DUI from a court outside Canada is assessed under IRPA s.36 as a foreign conviction, and the rehabilitation rules in IRPR r.17 and r.18 apply to it. A conviction in Canada is removed by a record suspension from the Parole Board of Canada instead (IRPA s.36(3)(b)). Criminal record and Canada, section by section
How do officers compare a foreign conviction?
By its elements, not its name. The officer reads the foreign charge, conviction and sentence, finds the Canadian offence with the same essential elements, checks whether it is summary, indictable or hybrid, and reads its maximum. A maximum of 10 years or more is serious criminality (IRPA s.36(1)); under 10 years is criminality (s.36(2)). The officer then checks the rehabilitation rules and decides. Criminal inadmissibility under IRPA s.36
Does Canada see expunged or pardoned convictions?
Often, yes. Through information-sharing arrangements, Canadian authorities may see criminal-history information that still shows a record after a foreign expungement. A US expungement is not a Canadian record suspension, and Canada decides admissibility under its own law, so an expungement on its own generally does not end inadmissibility. It helps, but it does not prove the conviction never existed. Expunged records and entry to Canada
Does the sentence I received matter?
For a foreign conviction, the class generally depends on the maximum available under Canadian law, not on the sentence imposed. A fine and a prison term for the same Canadian offence land in the same class. The sentence imposed matters for convictions in Canada: under IRPA s.36(1)(a), a Canadian prison term of more than six months is serious criminality. Read IRPA s.36
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