Criminal Inadmissibility to Canada: How IRPA Section 36 Works
Criminal inadmissibility means a criminal record can bar you from Canada under IRPA s.36. Canada matches your offence to its closest Criminal Code equivalent. A maximum of 10 years or more is serious criminality under s.36(1); a lower maximum is criminality under s.36(2). A TRP, Criminal Rehabilitation or deemed rehabilitation can overcome it. An officer decides.
$246.25
IRCC’s Criminal Rehabilitation fee for criminality (non-serious)
$1,231
IRCC’s Criminal Rehabilitation fee for serious criminality
Over a year
How long IRCC says rehabilitation applications can take
IRCC sets the fees and adjusts them periodically. The Fee Calculator shows both tiers.
What does IRPA section 36 say?
Paraphrased below; the full text of IRPA s.36 is in the law reader.
- s.36(1): Serious criminality
- A permanent resident or foreign national is inadmissible for a conviction in Canada of an offence punishable by a maximum of at least 10 years, or for which more than six months of imprisonment was imposed; for a conviction outside Canada of an offence that, if committed in Canada, would carry a maximum of at least 10 years; or for committing such an act outside Canada where it is an offence in the place it was committed.
- s.36(2): Criminality
- A foreign national is inadmissible for a conviction in Canada of an indictable offence, or of two offences not arising out of a single occurrence; for a conviction outside Canada of an offence that would be indictable in Canada, or of two offences not arising out of a single occurrence that would be offences in Canada; or for committing an act outside Canada that would be an indictable offence in Canada.
- s.36(2.1): Transborder criminality
- The old paragraph (d) of s.36(2) was repealed in 2023. Section 36(2.1) now makes a foreign national inadmissible for committing, on entering Canada, a prescribed offence. IRPR s.19 lists them: any indictable Criminal Code offence, and certain Firearms Act and Customs Act offences.
- s.36(3): How the rules apply
- (a) An offence that may be prosecuted either summarily or by indictment is deemed indictable, even if it was prosecuted summarily. (b) Inadmissibility may not rest on a Canadian conviction with a record suspension in effect, or on a final acquittal. (c) The grounds for convictions and acts outside Canada do not apply to a person who, after the prescribed period, satisfies the Minister of rehabilitation, or who belongs to a prescribed class deemed rehabilitated.
How does Canada decide which tier applies?
CBSA officers and IRCC do not go by the foreign offence name, the foreign penalty or the foreign legal classification. They apply the dual criminality principle: the foreign offence is mapped to the Canadian Criminal Code offence whose elements most closely match the conduct, and that offence’s maximum penalty sets the tier.
A Canadian maximum of 10 years or more is serious criminality under s.36(1). Less than 10 years is criminality under s.36(2). The actual sentence you received for the foreign offence does not determine the tier.
Many Criminal Code offences are hybrid offences: the Crown can proceed by indictment or by summary conviction. For IRPA s.36, hybrid offences are treated as indictable, so the maximum on indictment controls, even if the equivalent offence would have proceeded summarily in Canada.
The rule
Serious criminality (s.36(1)) generally applies where what you did would, in Canada, carry a maximum sentence of 10 years or more.
Why does the tier matter?
The tier decides which pathways are available, how long you usually wait, and the government fee.
| Factor | Serious criminality (s.36(1)) | Criminality (s.36(2)) |
|---|---|---|
| Canadian equivalent maximum sentence | 10 years or more | Less than 10 years (indictable), or two offences not arising out of a single occurrence |
| Deemed rehabilitation | Never | Generally after 10 years for a single offence; a 5-year class can apply to two or more summary offences (IRPR s.18) |
| Criminal Rehabilitation fee | $1,231 | $246.25 |
| TRP available | Yes; the officer weighs the need against the risk | Yes |
| Applies to permanent residents | Yes, all of s.36(1) | No; s.36(2) applies to foreign nationals only |
| Record suspension | Resolves a Canadian conviction (s.36(3)(b)) | Resolves a Canadian conviction (s.36(3)(b)) |
How do multiple offences change the picture?
Multiple convictions are treated more harshly in several ways:
- A single foreign offence that maps only to a Canadian summary conviction offence does not, on its own, create inadmissibility. Two or more such offences not arising from a single occurrence do, under s.36(2)(b). Section 36(2)(a) sets the same rule for convictions in Canada.
- The 10-year deemed rehabilitation class in IRPR s.18(2)(a) is only for a person convicted outside Canada of no more than one offence, so a second conviction takes you out of it.
- A separate class in IRPR s.18(2)(b) covers two or more foreign offences that would all be summary conviction offences in Canada, and deems them rehabilitated 5 years after the sentences were completed, if the other listed conditions are met.
- Convictions arising from a single occurrence may be treated as a single offence for some IRPA purposes. This is narrowly interpreted.
- If no deemed class fits, applied Criminal Rehabilitation is the pathway.
Which routes can overcome criminal inadmissibility?
- Deemed rehabilitation (IRPR s.18(2))
- No application or fee, but an officer checks that you meet the conditions. The main class covers one offence of non-serious criminality once at least 10 years have elapsed since the day after the sentence was completed. Both classes carry further conditions about later convictions inside and outside Canada. The deemed rehabilitation guide sets them out.
- Criminal Rehabilitation (IRPA s.36(3)(c))
- A formal application to IRCC that, once approved, removes the grounds of inadmissibility for the offences covered. You generally become eligible once at least 5 years have elapsed since completion of the entire sentence. Criminal Rehabilitation is available in both tiers and for multiple convictions, and IRCC says applications can take over a year to process.
- Temporary Resident Permit (IRPA s.24(1))
- Temporary permission to enter Canada despite inadmissibility. There is no minimum waiting period, and an officer decides whether it is justified. A TRP is valid for up to 3 years, does not resolve the underlying inadmissibility, and is requested at a port of entry or through IRCC before you travel.
- Record suspension (limited application)
- A Canadian record suspension (formerly called a pardon) under the Criminal Records Act can resolve criminal inadmissibility for Canadian convictions, but not for foreign convictions. For a pardon, spent conviction or record suspension granted in another country, IRCC says you may still be inadmissible, and the visa office will tell you whether it is valid in Canada.
Which free tool checks your own case?
- Admissibility ExplorerThe IRPA admissibility grounds, one question at a time
- Rehabilitation CalculatorDeemed rehabilitation and eligibility dates (IRPA s.36)
- Fee CalculatorCurrent government fees, itemized
Free, with no account. What you enter in a tool stays in your browser.
What do people ask?
What is criminal inadmissibility under IRPA section 36?
It is the rule in section 36 of the Immigration and Refugee Protection Act that lets an officer refuse entry because of a criminal record. It has two tiers: s.36(1), serious criminality, where the Canadian equivalent carries a maximum of 10 years or more, and s.36(2), criminality, for lower maximums or two or more summary offences. Section 36(3) holds the exceptions and rehabilitation. The IRPA s.36 page in our law reader has the full text.
What is the difference between serious criminality and criminality under IRPA?
Serious criminality (IRPA s.36(1)) applies when your offence matches a Canadian Criminal Code offence with a maximum of 10 years or more. Criminality (s.36(2)) applies when the Canadian equivalent carries less. The tier decides whether deemed rehabilitation is possible (only under s.36(2)), which Criminal Rehabilitation fee applies, and the risk an officer weighs for a TRP. Our Criminal Equivalency page shows how offences map to each tier.
How do I overcome criminal inadmissibility to Canada?
There are four routes. Deemed rehabilitation needs no application: after 10 years for a single non-serious offence, an officer checks that you meet the conditions. Criminal Rehabilitation is an application you can make 5 years after your sentence ends, and if approved it removes the grounds of inadmissibility. A Temporary Resident Permit allows a specific trip despite the record. A Canadian record suspension covers Canadian convictions only. An officer decides each one. Our TRP vs Criminal Rehabilitation guide compares the two main routes.
Does a DUI make you inadmissible to Canada under IRPA s.36?
Usually yes. Since December 18, 2018, impaired operation under Criminal Code s.320.14 carries a maximum of 10 years (s.320.19), which is serious criminality under IRPA s.36(1). Deemed rehabilitation does not apply, so the routes are a TRP or Criminal Rehabilitation. IRCC assesses an offence committed before that date under the penalties in force at the time. An officer decides on the facts. Our DUI guide covers both dates in detail.
Do I need a lawyer for criminal inadmissibility to Canada?
No, you can apply for a TRP or Criminal Rehabilitation yourself. Many people with a record choose a lawyer because the equivalency analysis and the officer's discretion matter, and a lawyer can take a refusal to Federal Court. Anyone you pay must be authorized under IRPA s.91: a lawyer, paralegal, Quebec notary or licensed consultant. Our Immigration Lawyer vs RCIC guide explains who can help and how to check a licence.
Does my US misdemeanor create IRPA s.36 inadmissibility?
It depends on the Canadian equivalent of the specific misdemeanor. Many US misdemeanors map to Canadian hybrid offences, which IRPA treats as indictable. The US "misdemeanor" label does not set your tier; the maximum penalty of the Canadian equivalent does. An officer makes the call. Our Misdemeanor guide works through common examples, and the Criminal Equivalency page shows the Criminal Code sections and their maximums.
How long after a conviction can I enter Canada with a criminal record?
It depends on the route. A TRP has no minimum wait but is discretionary and temporary. Criminal Rehabilitation opens 5 years after you complete the entire sentence. Deemed rehabilitation, where available, generally needs 10 years for a single non-serious offence, or 5 years for two or more summary offences under IRPR s.18. Time runs from the end of the whole sentence, not the conviction. Our Rehabilitation Calculator counts the dates.
How does Canada find out about my foreign criminal record?
You are asked about your criminal history when you apply for a visa or eTA or seek entry, and false or missing answers can lead to a separate 5-year misrepresentation finding under IRPA s.40. IRPA s.16(1) requires a truthful answer to every question an officer asks. The CBSA's published list of systems for traveller processing also names the Canadian Police Information Centre (CPIC) and the US National Crime Information Center (NCIC). Our Denied Entry to Canada guide explains what happens when an officer finds a record.
Part of:Criminal record
- US Misdemeanor Entry to Canada
- US Felony Entry to Canada
- Deemed Rehabilitation Canada: The 10-Year Rule
The textbook on this subject
Volume 1: Entering Canada $79
Six IRPA inadmissibility grounds (s.36 and s.38 to s.42), explained with the official text cited.
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This page is based on law and policy published by the Government of Canada.