Short answer: in most cases you can still travel to Canada with a theft or shoplifting conviction, but you usually need to resolve the inadmissibility first, and a border or visa officer makes the final call. A theft or shoplifting conviction, whether a misdemeanor petty theft or a felony grand theft, can make you inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA). Canada uses the dual criminality principle: your foreign offence is mapped to its closest Canadian Criminal Code (CCC) equivalent, and that equivalency determines whether you generally face serious or non-serious criminality. For theft, the critical factor is usually the value of property stolen, because Canadian law draws a sharp line at $5,000. Below that line, theft is a hybrid offence with a 2-year maximum (generally non-serious criminality); above it, theft is straight indictable with a 10-year maximum (generally serious criminality). This guide explains the equivalency analysis in plain language, shows what each tier means for you, and walks through the practical options: deemed rehabilitation, a Temporary Resident Permit, and Criminal Rehabilitation. It is educational only and is not legal advice; for your own situation, confirm with IRCC or a licensed immigration lawyer or CICC-regulated consultant.
How Theft Is Classified Under Canadian Law
Canadian law distinguishes theft primarily by the value of property involved. The definition of theft is set out in Criminal Code s.322, and the punishment in s.334. The maximum penalty of the Canadian equivalent is what determines your IRPA inadmissibility tier, because IRPA classifies criminality by the maximum sentence available in Canada, not the sentence you actually received abroad. What this means for you: a foreign conviction that carried a small fine can still map to a Canadian offence with a high maximum, so the dollar value of the goods, not your actual penalty, usually drives the analysis. The $5,000 line works like this:
Theft of $5,000 or less (most shoplifting)
Maps to Criminal Code s.334(b): a hybrid (dual-procedure) offence with a maximum of 2 years when prosecuted by indictment. Because the maximum is under 10 years, this is generally non-serious criminality under IRPA s.36(2). Deemed rehabilitation may apply after the required time has passed (commonly 10 years for a single offence treated as indictable, or 5 years where there were two or more summary offences). It also falls in the lower Criminal Rehabilitation fee tier. Example: walking out of a store with $80 of merchandise typically lands here.
Theft over $5,000 (grand theft)
Maps to Criminal Code s.334(a): a straight indictable offence with a maximum of 10 years. Because the maximum is 10 years or more, this is generally serious criminality under IRPA s.36(1). Deemed rehabilitation is not available for serious criminality, the higher Criminal Rehabilitation fee tier applies, and a Temporary Resident Permit is generally the route for travel before rehabilitation is granted. Example: stealing a vehicle or goods worth $20,000 typically lands here.
The exact classification of your theft conviction depends on the Canadian equivalency analysis, the value involved and specific elements of the charge. Use the free Admissibility Explorer for an initial check, or get your Admissibility Breakdown ($49.99) for the complete equivalency analysis with your exact fee tier and rehabilitation timeline.
Serious vs Non-Serious Criminality: Why It Matters
| Factor | Non-Serious Criminality (s.36(2)) | Serious Criminality (s.36(1)) |
|---|---|---|
| Typical theft equivalent | s.334(b): theft $5,000 or less | s.334(a): theft over $5,000 |
| Canadian equivalent max penalty | 2 years (under 10) | 10 years |
| Deemed Rehab | May apply (single offence, time elapsed) | Not available |
| CR Fee (verified Dec 2025) | $246.25 | $1,231 |
| TRP Available | Yes | Yes |
Deemed Rehabilitation for Theft: When It May Apply
If your theft conviction maps to a Canadian non-serious criminality equivalent, you may qualify for deemed rehabilitation under IRPA if:
- ✓ The required period has elapsed since you completed all sentence conditions (jail, probation, fines, restitution). For a single offence that Canada would treat as indictable, this is generally 10 years; where there were two or more offences that would be summary in Canada, it is generally 5 years
- ✓ You have a single conviction, or the limited number of offences the rules allow (deemed rehabilitation is designed for one less-serious offence)
- ✓ The Canadian equivalent is non-serious criminality (maximum under 10 years), so theft over $5,000 does not qualify
- ✓ No subsequent criminal convictions or charges
Deemed rehabilitation flows from IRPA s.36(3)(c) together with IRPR s.18. It is not a document you apply for, it is a status that a CBSA officer assesses at the border. Because the officer applies the rules to your specific record, you should carry documentation confirming your conviction details, your sentence completion date, and evidence of a clean record since. The officer makes the final determination and can refuse entry. If you want certainty before you travel, many people instead apply for Criminal Rehabilitation or a TRP. For your own circumstances, consider confirming with IRCC or a licensed immigration lawyer or CICC-regulated consultant.
Your Options: TRP and Criminal Rehabilitation
Temporary Resident Permit (TRP)
A TRP under IRPA s.24(1) is available where an officer is satisfied that your need to enter or stay in Canada outweighs the risk. There is no minimum waiting period, so it can address travel that cannot wait for rehabilitation. The IRCC processing fee is $246.25 CAD per person (verified December 2025; confirm the current fee on IRCC). A TRP is valid for a specific purpose and duration, up to 3 years, and the officer sets the length. It can be requested at a port of entry or applied for at a Canadian visa office in advance, which is generally preferred for non-emergency travel. Approval is at the officer's discretion.
See the full guide at Temporary Resident Permits.
Criminal Rehabilitation (Permanent Solution)
Criminal Rehabilitation under IRPA s.36(3)(c) permanently resolves inadmissibility. Requirements:
- ✓ At least 5 years have elapsed since you completed ALL sentence conditions (jail, probation, fines, restitution)
- ✓ No subsequent convictions
- ✓ Fee (verified December 2025): $246.25 for non-serious criminality, $1,231 for serious criminality. Confirm the current fee on IRCC
- ✓ Processing time: commonly 12 to 18 months or more
See the full guide at Criminal Rehabilitation.
Frequently Asked Questions
Can I enter Canada with a shoplifting conviction?+
Shoplifting typically maps to CCC s.334(b), theft under $5,000, which is non-serious criminality under IRPA s.36(2). If it has been more than 10 years since your sentence was completed and it was a single offence, you may qualify for deemed rehabilitation. Otherwise, a TRP or Criminal Rehabilitation application is required. Use the Admissibility Explorer to check your circumstances.
My theft conviction was expunged in the US. Does that help with Canada?+
A US expungement does not automatically override Canadian inadmissibility. IRCC assesses admissibility independently under IRPA. An expungement may be a positive factor in a TRP or Criminal Rehabilitation application, but it does not remove the underlying conviction for CBSA purposes. See the Expunged Record guide for more detail.
I was convicted of theft but it was only $50 worth of merchandise. Am I still inadmissible?+
Generally yes: if the conviction has a Canadian criminal equivalent (CCC s.334(b)) you can be inadmissible under IRPA s.36(2) regardless of how small the amount was, because IRPA looks at the offence and its Canadian maximum, not the dollar value or the penalty you received. The upside is that a value well under $5,000 means non-serious criminality, the lower Criminal Rehabilitation fee tier ($246.25, verified December 2025), and possible deemed rehabilitation once the required time has passed. An officer still decides admissibility in each case.
Does Canada know about my US theft conviction?+
Canada and the United States share criminal records through CPIC/NCIC integration at all ports of entry. US theft convictions, misdemeanor or felony, will likely appear when a CBSA officer queries your record. Do not attempt to conceal it; misrepresentation under IRPA s.40 creates a separate 5-year inadmissibility.
I have two theft convictions from 15 years ago. Can I enter Canada?+
Multiple convictions usually make deemed rehabilitation harder, but it is not automatically ruled out: where the offences would be summary in Canada, deemed rehabilitation can apply once at least 5 years have passed since you completed all sentences, while a single offence treated as indictable generally needs 10 years. If you do not clearly meet the rule, the usual options are Criminal Rehabilitation (eligible 5 years after all sentences are complete) or a TRP for travel that cannot wait. The seriousness tier of the offences determines the Criminal Rehabilitation fee. A CBSA officer makes the final decision, and multi-conviction situations are worth reviewing with a licensed immigration lawyer or CICC-regulated consultant.
What is the difference between theft under $5,000 and theft over $5,000 for Canadian entry?+
The $5,000 line in Criminal Code s.334 sets the Canadian maximum penalty, and IRPA uses that maximum to classify your inadmissibility. Theft of $5,000 or less (s.334(b)) is a hybrid offence with a 2-year maximum, generally non-serious criminality under IRPA s.36(2), so deemed rehabilitation may eventually apply and the Criminal Rehabilitation fee is $246.25 (verified December 2025). Theft over $5,000 (s.334(a)) is straight indictable with a 10-year maximum, generally serious criminality under IRPA s.36(1), with no deemed rehabilitation and a $1,231 Criminal Rehabilitation fee. The value is set by Canadian law, not by how your home jurisdiction labelled the charge.
Is shoplifting a felony or misdemeanour in Canada?+
Canada does not use the felony or misdemeanour labels. Most shoplifting maps to theft of $5,000 or less under Criminal Code s.334(b), which is a hybrid (dual-procedure) offence: the prosecutor can proceed summarily or by indictment, with a maximum of 2 years on indictment. For admissibility, what matters is that the Canadian maximum is under 10 years, which generally makes it non-serious criminality under IRPA s.36(2). How your foreign jurisdiction classified the offence does not change the Canadian equivalency analysis an officer applies.
I only received a fine or diversion, not jail, for theft. Does that change my admissibility?+
Usually not by itself. IRPA classifies criminality by the maximum sentence the equivalent Canadian offence carries, not the sentence you actually received, so a small fine for theft can still map to a hybrid or indictable Canadian offence. A diversion or conditional discharge can sometimes mean there is no conviction, which can affect the analysis, but the rules are technical and fact-specific. Because the outcome turns on the exact disposition, this is a good situation to confirm with IRCC or a licensed immigration lawyer or CICC-regulated consultant. The deciding officer assesses your specific record.
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Official sources
This page is based on law and policy published by the Government of Canada.