Deemed Rehabilitation in Canada: The 10-Year Rule
Deemed rehabilitation under IRPR s.18 needs no application. For one offence whose Canadian equivalent carries less than 10 years, it can apply once 10 years have passed since the day after your whole sentence ended. Two or more summary-level offences can be covered after 5 years. Serious criminality never qualifies. An officer checks the conditions and decides.
$246.25
IRCC’s applied Criminal Rehabilitation fee, non-serious criminality
$1,231
IRCC’s applied Criminal Rehabilitation fee, serious criminality
Deemed rehabilitation has no fee at a port of entry; a visa-office assessment uses the rehabilitation form and fee. The Fee Calculator shows both tiers.
What is deemed rehabilitation?
Under IRPA s.36, foreign nationals with criminal convictions are generally inadmissible to Canada. IRPR s.18 creates an exception: a person is deemed to have been rehabilitated if sufficient time has passed and certain conditions are met. Unlike applied Criminal Rehabilitation, deemed rehabilitation needs no application.
It is not automatic at the border: an officer checks whether the conditions are met, and IRCC says a request for deemed rehabilitation is not guaranteed to be approved. Section 18(1) confirms that "deemed rehabilitated" is a prescribed class for the purposes of IRPA paragraph 36(3)(c). Section 18(2) lists the classes of people who fall into it.
Who is deemed rehabilitated under IRPR s.18(2)?
- (a) One conviction, after 10 years
- One conviction abroad for an offence that, if committed in Canada, would be an indictable offence punishable by a maximum of less than 10 years, where at least 10 years have elapsed since the day after the sentence was completed. Other conditions apply, among them no conviction outside Canada in the last 10 years, and no more than one summary-equivalent conviction outside Canada before that.
- (b) Two or more summary offences, after 5 years
- Two or more convictions abroad for offences that, if committed in Canada, would each be summary (less serious) offences, where at least 5 years have elapsed since the day after the sentences were completed.
- (c) One act without a conviction, after 10 years
- One act committed abroad, never formally convicted, that would be an indictable offence in Canada punishable by a maximum of less than 10 years, where at least 10 years have elapsed since the day after the act, with the same exclusions.
The rule
Deemed rehabilitation never applies to serious criminality, which means any offence whose Canadian equivalent carries a maximum of 10 years or more.
Which offences can qualify?
Only offences in the criminality tier (IRPA s.36(2)) can qualify. Whether yours does depends on the Canadian equivalent’s maximum penalty, not your actual sentence.
The most common exclusion is impaired driving committed on or after December 18, 2018: the Canadian equivalent under Criminal Code s.320.14 is, by s.320.19, punishable by up to 10 years, which makes it serious criminality. Conduct that matches only a provincial offence may not count at all, because IRPA s.36 looks at offences under an Act of Parliament.
| Category | IRPA section | Canadian equivalent maximum | Deemed rehabilitation? |
|---|---|---|---|
| Serious criminality | s.36(1) | 10 years or more | Never |
| Criminality (one indictable-equivalent offence) | s.36(2) | Less than 10 years | After 10 years |
| Multiple offences (all would be summary in Canada) | s.36(2) | Less than 10 years | After 5 years |
| Two or more indictable-equivalent offences, or any 10+ yr | s.36(1) or 36(2) | Any | Never |
When does the clock start?
IRPR s.18(2)(a) counts from "the day after the completion of the imposed sentence". The conviction date, the release date from custody or the end of probation alone does not start it.
IRCC describes completing all sentences as payment of all fees, jail time completed and restitution paid. Guide 5312 counts probation as part of the sentence, and a driving prohibition from its end date. If even one condition remained outstanding, the clock had not started.
The full period must have elapsed; partial time does not count. The Rehabilitation Calculator counts the dates.
Who decides at the border?
A CBSA or IRCC officer, not you, makes the final admissibility decision. IRCC says a person may come to Canada if they convince an immigration officer that they meet the legal terms to be deemed rehabilitated.
An officer at the port of entry reviews your documents to decide. IRCC says to bring all documents related to your criminal history, including court documents for each conviction and proof that all sentences were completed. Officers have discretion to refer you to secondary for review.
If you live outside the US, IRCC says you can ask the visa office responsible for your area to assess you first; visa offices in the US do not use this process.
How does it compare with applied Criminal Rehabilitation?
| Feature | Deemed rehabilitation | Applied Criminal Rehabilitation |
|---|---|---|
| Application required? | No; an officer checks the conditions | Yes, formal application to IRCC |
| Government fee | None at a port of entry; a visa-office assessment uses the rehabilitation form and fee | Non-serious: $246.25 CAD; serious: $1,231 CAD |
| Wait time from sentence completion | 10 years (single offence) or 5 years (multiple summary offences) | 5 years |
| Eligible offences | Non-serious criminality only (<10 yr max) | Both serious and non-serious criminality |
| Multiple convictions | All summary in Canada (5-yr rule), or one indictable plus at most one older summary (10-yr rule) | Assessed, not automatically barred |
| Proof at border | Carry supporting documents, no formal certificate | Formal IRCC approval letter |
| IRPA / IRPR reference | IRPR s.18(2) | IRPA s.36(3)(c) |
Which free tool checks your own case?
- Admissibility ExplorerThe IRPA admissibility grounds, one question at a time
- Criminal EquivalencyHow foreign offences line up with Canadian law
Free, with no account. What you enter in a tool stays in your browser.
What do people ask?
What does deemed rehabilitation mean?
Deemed rehabilitation means the law treats you as rehabilitated once enough time has passed, so a past foreign offence may no longer bar you from entering Canada. No application is required, and an officer checks that you meet the conditions. IRPR s.18 sets the classes, and IRPA s.36(3)(c) gives them effect. It covers criminality only, never serious criminality. The Admissibility Explorer shows how the rule reads beside the other routes.
Does deemed rehabilitation apply to a DUI in Canada?
It depends on the date of the offence. A DUI committed on or after December 18, 2018 carries a 10-year maximum in Canada, so it is serious criminality and deemed rehabilitation never covers it. For a single DUI committed before that date, IRCC applies the penalties in force at the time, and deemed rehabilitation may apply once at least 10 years have passed since the sentence ended. Our DUI Entry guide explains both cases.
When does the 10-year clock start for deemed rehabilitation?
The clock starts the day after you completed your whole sentence, not on the conviction date or your release from custody. Completed means every part is done: custody served, all fines and fees paid, restitution paid, probation ended, community service finished and any driving prohibition over. If one condition was still outstanding, the clock had not started. IRPR s.18(2) sets the rule.
Do I need to apply for deemed rehabilitation?
No. IRCC says you do not have to apply to be deemed rehabilitated, but you should be sure you will qualify before you try to enter, and an officer at the port of entry reviews your documents. At the border, carry proof: court records for the offence, proof your sentence ended (fine receipts, probation completion) and anything showing no other convictions. A CBSA officer may refer you to secondary to check. A lawyer's opinion letter can help, and our Criminal Rehabilitation page covers the formal application.
What is the difference between deemed and individual rehabilitation?
Deemed rehabilitation needs no application and can apply after 10 years, or 5 years for two or more summary-level offences; an officer checks the conditions, and it covers criminality only. Individual rehabilitation, also called Criminal Rehabilitation, is an application to IRCC that opens 5 years after your sentence ends and covers serious criminality too. Its fee is $246.25 for criminality and $1,231 for serious criminality. Our Criminal Rehabilitation page explains the application.
I have two minor convictions from 20+ years ago. Does deemed rehabilitation apply?
It can, if every offence would be a summary (less serious) offence in Canada. IRPR s.18(2)(b) gives a 5-year path for two or more such convictions. If one would be an indictable offence in Canada, that path is closed; s.18(2)(a) can still fit if the other would be a summary offence, and otherwise applied Criminal Rehabilitation is the route left, with no upper time limit. The summary-versus-indictable split is technical, so confirm it with a licensed professional. Our Criminal Equivalency page shows how offences are matched.
My conviction was in the US. Does deemed rehabilitation still apply?
Yes, deemed rehabilitation is written for convictions outside Canada, including the US. An officer maps your US offence to the closest Canadian Criminal Code offence and looks at its maximum penalty. If that equivalent carries less than 10 years and every other condition is met, deemed rehabilitation may apply. The name of the US offence and your actual sentence do not control the result. Our Criminal Equivalency page shows how the mapping works.
What if the border officer disagrees that I am deemed rehabilitated?
The officer can refuse you entry that day or let you withdraw your request to enter. If the officer writes an inadmissibility report, the case can go to an admissibility hearing before the Immigration Division. In an uncertain case, get advice from a licensed immigration lawyer before you travel, and carry your full court and sentence records. IRPA s.44 sets out the report and referral process.
Part of:Criminal recordCriminal rehabilitation
- How to Apply for Criminal Rehabilitation in Canada: Step-by-Step
- TRP vs Criminal Rehabilitation: Which Do You Need?
- Denied Entry to Canada: What to Do Next
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.