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Criminal Record and Canada: Inadmissibility, Rehabilitation and Temporary Resident Permits

IRPA s.36 makes people inadmissible for certain convictions or acts. IRCC describes four ways to overcome it: deemed rehabilitation, individual rehabilitation (generally five years after the sentence ends), a record suspension for Canadian convictions, or a temporary resident permit. The IRCC fee list shows $246.25 for non-serious rehabilitation and $1,231 for serious (as at 2026-09-21).

A criminal record from any country can stop a person entering or staying in Canada. The rules look at what the offence would be if it had been committed in Canada, how long ago it was, and what sentence was served. They are technical, and a short-sounding offence abroad can be treated more seriously under Canadian law.

This guide explains the statutory test in section 36 of the Immigration and Refugee Protection Act (IRPA), the regulations that set the five- and ten-year periods, and the four routes IRCC describes for dealing with inadmissibility. It is general information. It does not say which route applies to any person's record, and the mapping from a foreign offence to a Canadian one is a legal question for a lawyer or a licensed consultant.

The test in IRPA section 36

Section 36 has three levels.

Serious criminality, s.36(1). A permanent resident or foreign national is inadmissible for:

  • a conviction in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or for which a term of imprisonment of more than six months has been imposed;
  • a conviction outside Canada of an offence that, if committed in Canada, would be an offence under an Act of Parliament punishable by a maximum of at least 10 years; or
  • committing an act outside Canada that is an offence where it was committed and that, if committed in Canada, would be punishable by a maximum of at least 10 years.

Criminality, s.36(2). A foreign national is inadmissible for a conviction in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences not arising out of a single occurrence; for the equivalent outside Canada (an indictable offence if committed in Canada, or two offences not arising out of a single occurrence); or for committing an act outside Canada that would be indictable in Canada.

Transborder criminality, s.36(2.1). A foreign national is inadmissible for committing, on entering Canada, a prescribed offence under an Act of Parliament.

Section 36(3) sets rules that apply across all of these:

  • an offence that can be prosecuted either summarily or by indictment is deemed to be indictable, even if it was prosecuted summarily (s.36(3)(a));
  • inadmissibility may not be based on a conviction for which a record suspension has been ordered and has not been revoked or ceased to have effect under the Criminal Records Act, or on a final acquittal (s.36(3)(b));
  • the foreign matters in s.36(1)(b) and (c) and (2)(b) and (c) do not constitute inadmissibility for a person who, after the prescribed period, satisfies the Minister that they have been rehabilitated, or who belongs to a prescribed class deemed to have been rehabilitated (s.36(3)(c));
  • whether a permanent resident committed an act described in s.36(1)(c) is decided on a balance of probabilities (s.36(3)(d));
  • inadmissibility may not rest on an offence designated as a contravention under the Contraventions Act, or on a finding of guilt under the Young Offenders Act or a youth sentence under the Youth Criminal Justice Act (s.36(3)(e)).

Two features catch people out. The rule that treats a hybrid offence as an indictable offence means the way a prosecutor in another country, or in Canada, labelled the case does not decide the question. And the equivalency test looks at the Canadian offence that matches the conduct, not at how the offence was described or how serious the local sentence was.

The four routes IRCC describes

IRCC's page on overcoming criminal convictions (page date 2026-07-23) lists four ways to overcome criminal inadmissibility:

  1. Deemed rehabilitation. Enough time has passed since the conviction that the crime may no longer be a bar. Eligibility depends on the crime, the time since the sentence was finished, and whether there is more than one crime. It applies only where the offence carries a maximum prison term of less than 10 years if committed in Canada.
  2. Individual rehabilitation. The person applies and the Minister or a delegate decides. IRCC says the person must meet the criteria, be rehabilitated and be highly unlikely to reoffend, and that at least five years must have passed since the sentence, including probation, ended and since the act that made the person inadmissible.
  3. Record suspension (formerly a pardon). For Canadian convictions, the application goes to the Parole Board of Canada. IRCC says a Canadian record suspension means the person is no longer inadmissible. For foreign record suspensions or discharges, IRCC says to check with the visa office serving the country to confirm validity in Canada.
  4. Temporary resident permit (TRP). IRCC says a TRP is available if it has been less than five years since the sentence ended, or if the person has valid reasons to be in Canada. An officer weighs the need to enter or stay against health or safety risks.

The page adds that rehabilitation applications go to the responsible visa office by mail or courier, with a processing fee; that a person who needs an eTA should get rehabilitation confirmed before applying for it, because applying earlier may lead to refusal; that rehabilitation can be submitted with a temporary resident application at a visa application centre; and that processing can take over a year.

These routes are not interchangeable. The first two relate to convictions outside Canada. The third relates to convictions in Canada. The fourth is a temporary measure. Which one a person is looking at depends on where the conviction was and what the offence matches in Canadian law.

Where the five and ten years come from

The numbers sit in the Immigration and Refugee Protection Regulations (IRPR), made under s.36(3)(c).

IRPR s.17 sets the prescribed period for the purposes of s.36(3)(c): five years after the completion of an imposed sentence for matters under s.36(1)(b) and (2)(b) (convictions outside Canada), or five years after committing the offence for matters under s.36(1)(c) and (2)(c) (acts outside Canada), in each case if the person has not been convicted of a subsequent offence, other than a contravention or a Young Offenders Act offence.

IRPR s.18 defines the class deemed to be rehabilitated. In summary, the conditions are:

  • one conviction outside Canada for an offence that would be indictable in Canada and punishable by less than 10 years there, with at least 10 years since the day after the sentence was completed, plus a list of conditions about the absence of other convictions in Canada and abroad (s.18(2)(a));
  • two or more convictions outside Canada that would be summary conviction offences in Canada, with at least five years since the day after completion of the sentences, plus conditions about no other convictions (s.18(2)(b)); and
  • no more than one act outside Canada that would be an indictable offence punishable by less than 10 years, with at least 10 years since the day after the commission of the offence, plus similar conditions (s.18(2)(c)).

The conditions are detailed and are all required. Missing any one takes a person out of the deemed class. That is why IRCC's page calls deemed rehabilitation something that "is not guaranteed to be approved" when asked at a port of entry.

IRCC's deemed rehabilitation page (page date 2026-07-23) gives the plain-language version: a person may qualify if they had only one conviction in total or committed only one crime, at least ten years have passed since they completed all sentences, the crime is not considered a serious crime in Canada, and the crime did not involve serious property damage, physical harm to a person, or any type of weapon. It says an officer at a port of entry decides, and "A request for deemed rehabilitation is not guaranteed to be approved." If a person is not deemed rehabilitated, they would need to apply for individual rehabilitation.

How the five years are counted

IRCC's rehabilitation guide (Guide 5312, page date 2025-10-16) sets out when the clock starts, depending on the sentence:

  • suspended sentence: from the date of sentencing;
  • suspended sentence with a fine: from the last payment;
  • imprisonment without parole: from the end of the term;
  • imprisonment with parole: from completion of parole;
  • probation: from the end of the probation period;
  • driving prohibition: from the end date of the prohibition.

The guide gives this timing for foreign convictions:

  • less serious offences (indictable in Canada, maximum under 10 years): eligible to apply five years after the sentence ends; deemed rehabilitated at least ten years after the sentence ends;
  • serious offences (maximum of 10 years or more): deemed rehabilitation does not apply; eligible to apply five years after the sentence ends, or five years after the offence was committed for an act that was not charged;
  • two or more summary-type offences abroad: deemed rehabilitated at least five years after the sentences are served; not eligible to apply.

Counting matters because probation extends the clock and because a fine paid late moves it. The guide asks for complete details of charges, convictions and court dispositions.

The guide says an applicant can complete the form for information only when less than five years have passed. That is not a path to approval; the Act and regulations still require the prescribed period.

What an individual rehabilitation application involves

From the IRCC guide:

  • The forms are the Application for Criminal Rehabilitation (IMM 1444) and the Document Checklist (IMM 5507), plus Use of a Representative (IMM 5476) if someone is helping. For foreign matters, the guide asks for complete details of charges, convictions and court dispositions, any pardons, photocopies of the applicable sections of foreign law, and court proceedings.
  • The officer considers the number, circumstances and seriousness of the offences; behaviour since; the applicant's explanation and why they are unlikely to reoffend; community support; why the applicant believes they are rehabilitated; and present circumstances.
  • The approving authority is not bound by the officer's recommendation. For less serious offences, the local office manager usually decides. For more serious offences, the Minister decides.
  • Approval is one step. The person must still meet the requirements for the temporary or permanent residence they want.
  • Applications can take over a year. Delays come from unclear photocopies, verification, medical tests, criminal or security issues, and consultations with other offices.

On fees, the IRCC fee list (date modified 2026-09-21) shows:

  • Rehabilitation, inadmissible on grounds of criminality (non-serious): $246.25.
  • Rehabilitation, inadmissible on grounds of serious criminality: $1,231.00.
  • Temporary resident permit: $246.25 per person.

IRCC says rehabilitation processing fees are non-refundable whatever the decision, that an underpayment means the application is returned, and that an overpayment is refunded within four to six weeks.

For a person with both a Canadian summary conviction and a foreign matter, the guide says a rehabilitation application for the foreign offence can be submitted with evidence that a record suspension application was filed with the Parole Board of Canada. IRCC's overcome-convictions page says that if the person has both Canadian and foreign convictions, both a rehabilitation approval and a record suspension are needed.

Temporary resident permits and why timing matters

A TRP is the route IRCC describes for someone who is inadmissible and has a reason to be in Canada before rehabilitation is possible, or when the five years have not passed. It is a temporary document. IRCC's page on authorization to return to Canada describes a TRP in similar terms: it "allows you to temporarily overcome an inadmissibility", but "does not permanently overcome your inadmissibility to Canada."

On a TRP, IRCC says an officer weighs the need to enter or stay against health or safety risks, and the person must show the visit is valid even if the offence seems minor. The fee list shows $246.25 per person.

Timing problems are the usual cause of trouble:

  • A person who needs an eTA and applies before getting rehabilitation confirmed risks a refusal, per IRCC.
  • Applying by mail or courier to the visa office takes time. IRCC warns that processing can take over a year.
  • A TRP is temporary. IRCC's ARC page says "A TRP does not permanently overcome your inadmissibility to Canada."
  • Travelling to a port of entry without having sorted the position risks being refused entry. IRCC's deemed rehabilitation page notes that overseas residents can travel without applying but that this risks refusal at the border.

Our guides to refusals and misrepresentation cover what follows a refusal. A person also needs to be accurate when answering questions about criminal history in any application, because a false answer creates a separate problem. See our guide to misrepresentation.

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Questions people ask

Can I enter Canada with a criminal record?

It depends on the offence, where it happened and how long ago. IRPA s.36 makes people inadmissible for certain convictions and acts. IRCC describes four ways to overcome it: deemed rehabilitation, individual rehabilitation, a record suspension for Canadian convictions, and a temporary resident permit.

How long after a conviction can I apply for criminal rehabilitation?

IRCC says at least five years must have passed since the sentence, including probation, ended and since the act that made the person inadmissible. IRPR s.17 sets the prescribed period at five years. The clock starts at different points depending on the sentence type.

What is deemed rehabilitation?

It is a class in IRPR s.18 of people treated as rehabilitated without applying, for example one conviction abroad for an offence carrying a maximum of less than 10 years in Canada, with at least 10 years since the sentence and other conditions met. IRCC says a request is not guaranteed to be approved.

How much does rehabilitation cost?

The IRCC fee list (modified 2026-09-21) shows $246.25 for non-serious criminality and $1,231.00 for serious criminality, plus $246.25 for a temporary resident permit. Rehabilitation fees are not refunded whatever the decision.

Does a record suspension remove inadmissibility?

IRPA s.36(3)(b) says inadmissibility cannot be based on a conviction for which a record suspension has been ordered and has not been revoked or ceased to have effect. IRCC says a Canadian record suspension means the person is no longer inadmissible, and foreign suspensions should be checked with the visa office.

Sources

Last checked 2026-10-09.

Related guides

  • Authorization to Return to Canada (ARC): Who Needs One and How It Works — Under IRPA s.52(1), a person whose removal order was enforced cannot come back without authorization unless an exemption applies. Which exemption depends on the order type: departure, exclusion (one or five years) or deportation (permanent until authorized). The IRCC fee list shows $492.50 for an ARC (as at 2026-09-21).
  • Humanitarian and Compassionate (H&C) Applications in Canada: The Rules — An H&C request asks the Minister to grant permanent residence, or an exemption from a requirement, for humanitarian and compassionate reasons under IRPA s.25(1). IRCC calls it an exceptional measure. The IRCC fee list shows $1,260 for an adult application including the right of permanent residence fee, or $660 without it (as at 2026-09-21).
  • Misrepresentation in Canada: The Five-Year Inadmissibility Rule — Under section 40 of the Immigration and Refugee Protection Act, misrepresenting or withholding a material fact that induces or could induce an error makes a person inadmissible for five years, and during that time a foreign national cannot apply for permanent residence. The five years run from the final determination if it was made outside Canada, or from the day a removal order is enforced if it was made in Canada.
  • Canada Visitor Visa Refused: What Your Options Are — There's no appeal from a visitor visa refusal. IRCC says you can apply again at any time unless your letter says otherwise, but only new information that addresses the refusal reasons is likely to change the result. The court route is judicial review in the Federal Court.
  • IRCC Procedural Fairness Letter: What It Is and How the Rules Work — A procedural fairness letter tells you the officer's concerns before a decision and gives you a reasonable opportunity to respond. The deadline and the way to reply are in the letter itself, and IRCC's published instruction does not set a standard period. If the letter raises misrepresentation, the outcome can include a five-year bar.
  • IMM 5476, Use of a Representative: what the form asks and how it is submitted — IMM 5476 tells IRCC that someone may act for you on an application, paid or unpaid. You complete the applicant sections, your representative signs their own declaration, and a paid representative must give their membership ID from the College, a law society or the Chambre des notaires. The same form is used to cancel or change a representative.