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Last verified: March 2026 · Source: justice.gc.ca← Back to IRPA ExplorerLast verified: March 2026 · Source: justice.gc.ca
PART 1: Immigration to CanadaDIVISION 4: Inadmissibility
§40

Misrepresentation

Misrepresentation

Inadmissibility
🍁 In Simple Terms

A person is inadmissible for misrepresentation — lying on an immigration application, withholding material facts, or using false documents. This results in a 5-year ban and can lead to permanent residents losing their status.

Affects: Anyone entering or staying in Canada
Legal Text — IRPA Section 40

(1)A permanent resident or a foreign national is inadmissible for misrepresentation(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

(b)for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;

(c)on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or

(d)on ceasing to be a citizen under(i) paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force,

(ii)subsection 10(1) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act, or

(iii)subsection 10.1(3) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.

Cross-References
Related Subsections
s.40.1Cessation of refugee protection — permanent resident

40.1 (1) A foreign national is inadmissible on a final determination under subsection 108(2) that their refugee protection has ceased.Cessation of refugee protection — permanent resident(2) A permanent resident is inadmissible on a final determination that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d).

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