Pending Criminal Charges: Can You Travel to Canada?

Sometimes. A pending charge is not a conviction, but a border officer can still refuse entry under IRPA s.36(1)(c) or s.36(2)(c) on reasonable grounds to believe you committed the act. The officer decides case by case. Check your bail conditions first. If you are inadmissible, a Temporary Resident Permit is the route the law offers for a temporary visit.

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Last verified: November 2026

$246.25
IRCC’s Temporary Resident Permit fee, not refunded if the request is refused
IRPA s.33
The standard for a pending charge: reasonable grounds to believe

The government fee is set by IRCC. The Fee Calculator estimates it.

Does IRPA treat a pending charge as a conviction?

Criminal inadmissibility to Canada is governed by IRPA s.36. Paragraphs s.36(1)(b) and s.36(2)(b) both begin with the words "having been convicted" outside Canada, so on their face they require a conviction, not merely an outstanding charge. The provisions that can reach an unresolved case are different ones: s.36(1)(c) and s.36(2)(c), which speak of "committing an act outside Canada."

IRPA s.36(1)(c): serious criminality: Makes a permanent resident or a foreign national inadmissible for "committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years."
IRPA s.36(2)(c): criminality: Makes a foreign national inadmissible for "committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament."

The rule

A pending charge is not automatically treated as a conviction.

IRPA s.36Verify on justice.gc.ca

How can an officer act before there is any conviction?

IRPA s.33 says the facts that constitute inadmissibility "include facts for which there are reasonable grounds to believe that they have occurred, are occurring or may occur." Reasonable grounds to believe is a lower standard than proof beyond a reasonable doubt, the standard for a criminal conviction.

The words "unless otherwise provided" matter: for a permanent resident, s.36(3)(d) requires a balance of probabilities for an act under s.36(1)(c). The officer may look at the underlying facts and decide whether an act described in s.36(1)(c) or s.36(2)(c) occurred. That is within the officer's discretion and is decided case by case.

What can a CBSA officer see and ask?

The CBSA's published list of systems for traveller processing (its Info Source entry) names the Canadian Police Information Centre (CPIC) and the US National Crime Information Center (NCIC). No official page found today says more than that about what a border officer sees, or whether a pending charge from any given country shows up. What the law does say is about the examination itself.

An officer can ask you directly about any criminal charges or history, pending or otherwise, and IRPA s.16(1) requires you to answer truthfully all questions put to you for the examination
The same rule requires you to produce the relevant evidence and documents the officer reasonably requires

Can your bail conditions stop you from travelling?

If a court has released you on bail (or on a release order or conditions of release, depending on your country) while your charge is pending, those conditions may themselves limit travel, independently of Canadian immigration law.

Many release conditions expressly prohibit leaving the jurisdiction, the state or province, or the country, or require you to surrender your passport or stay within a set area
Travelling internationally in breach of those conditions can be a separate criminal offence in the place where the case is pending, and can lead to revocation of release, a new charge, or a warrant
If an officer reviews release conditions you present, terms that restrict travel can read as a significant concern, and the officer decides what weight to give them

Release conditions are set by the court handling your case, so the criminal defence lawyer or court handling that matter is the one to confirm whether your conditions permit international travel.

Can a Temporary Resident Permit get you in?

If an officer concludes that you are inadmissible, a Temporary Resident Permit (TRP) under IRPA s.24(1) is the mechanism that can still allow entry for a limited time despite the inadmissibility. It is discretionary and not guaranteed: IRCC says your need to enter or stay in Canada must outweigh the health or safety risks to Canadian society, as determined by the officer.

Criminal rehabilitation has a waiting period (IRPR s.17: five years after the sentence ends for a conviction, or five years after the act where there is no conviction), so for a recent charge it is usually not yet open.

Even with full documentation, a CBSA officer retains the authority to refuse entry, and being allowed in on one trip does not guarantee the same result on the next.

If you need a visa
Outside Canada there is no separate TRP application (IRCC). You request TRP consideration as part of a visitor visa, study permit or work permit application.
If you need an eTA, or live in the US as a citizen or permanent resident
IRCC asks you to send its web form for instructions.
At a port of entry
You tell the officer you want TRP consideration. If the officer refuses, you will not be allowed to enter.
TRP $246.25

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What do people ask?

Can you travel to Canada with pending criminal charges?

You can try, but check two things first. Your bail or release conditions may bar you from leaving the country, and breaking them can be a new offence at home. At the border, an officer can refuse you under IRPA s.36(1)(c) or s.36(2)(c) if there are reasonable grounds to believe you committed the act. Our Temporary Resident Permit page explains the permit that can allow entry anyway.

What is a pending criminal charge, and does IRPA treat it as a conviction?

A pending charge is one a court has not yet decided, so it is not a conviction. IRPA s.36(1)(b) and s.36(2)(b) both begin "having been convicted", so they generally do not apply. The route for an open case is s.36(1)(c) or s.36(2)(c), "committing an act outside Canada", on the reasonable-grounds standard in IRPA s.33. Our Criminal Inadmissibility guide explains each paragraph of IRPA s.36.

Will CBSA know about my pending charges if they are from the US?

Assume an officer may ask. The CBSA's published list of systems for traveller processing names CPIC and the FBI's National Crime Information Center (NCIC), but no official page says what a given query shows. What is certain is the rule: IRPA s.16(1) requires a truthful answer to every question, and a false one can be misrepresentation under IRPA s.40. Our US Criminal Record guide explains the rest.

I have pending charges for a minor offence. Is the risk the same?

Not always. The Canadian equivalent decides the tier. If it carries a maximum of at least 10 years, s.36(1)(c) serious criminality can apply. If it is an indictable offence with a lower maximum, s.36(2)(c) criminality can apply. Even minor charges can draw questions at the border. Our Criminal Equivalency page shows how foreign offences map to Criminal Code sections and their maximums.

I was charged but the charges were dismissed. Am I still inadmissible?

An officer decides. IRCC's guide 5312 says a charge withdrawn or dismissed in Canada does not make you inadmissible, and one outside Canada may. A dismissal or acquittal means no conviction, so s.36(1)(b) and s.36(2)(b) do not apply, and IRPA s.36(3)(b) bars relying on a conviction after a final acquittal. The "committing an act" paragraphs look at conduct, so an officer may still ask about the facts. Our Dismissed or Dropped Charges guide covers what to bring.

Is a pending DUI charge serious criminality in Canada?

It can be. Impaired operation under Criminal Code s.320.14 carries a 10-year maximum (s.320.19) for offences on or after December 18, 2018, which is the serious criminality tier. Whether a pending foreign DUI is examined under s.36(1)(c) depends on how it matches the Canadian offence and on the facts the officer believes occurred. Our DUI guide explains the Canadian rules for impaired driving.

Will entering Canada with a pending charge affect a future immigration application?

It can. What you declare and what an officer records become part of your immigration history. An untruthful answer about a pending matter can lead to a misrepresentation finding under IRPA s.40, a 5-year inadmissibility separate from any criminality issue. Once the case ends, the analysis changes: a conviction can engage s.36(1)(b) or s.36(2)(b), and an acquittal generally does not. IRPA s.40 sets the misrepresentation rule.

Can I try the land border and turn around if refused?

You can say you want to withdraw, but it is not risk-free. IRPR s.42 says the officer shall then let you withdraw your application to enter and leave, unless a report under IRPA s.44(1) is being or has been prepared. An officer who believes you are inadmissible may write that report, and a false statement during the examination can itself be misrepresentation under IRPA s.40. Our Denied Entry to Canada guide explains what a refusal means and what to do next.

Part of:Criminal record

Official sources

This page is based on law and policy published by the Government of Canada.