🇨🇦 IRPA Section 36 Criminal Inadmissibility & Rehabilitation Rules
IRPA Criminal Inadmissibility & Penalties Guide 2026
Master guide to criminal inadmissibility under Canada's Immigration and Refugee Protection Act (IRPA): Section 36 rules, DUI convictions, Criminal Rehabilitation, and TRP permits.
1. Overview of Criminal Inadmissibility Under IRPA Section 36
Under Section 36 of the Immigration and Refugee Protection Act (IRPA), foreign nationals and Permanent Residents can be deemed criminally inadmissible to Canada if they have been convicted of a criminal offense inside or outside Canada.
Key Policy Highlights & Benchmarks
- Section 36(1) Serious Criminality: Inadmissibility triggered by a conviction carrying a maximum prison sentence of 10 years or more under Canadian federal law (or a sentence served over 6 months)
- Section 36(2) Criminality: Inadmissibility triggered by 2 or more summary offenses or 1 indictable offense carrying a maximum sentence under 10 years
- DUI / Impaired Driving Re-classification: Since 2018, Impaired Driving (DUI) is classified as SERIOUS CRIMINALITY (max 10-year prison penalty under Criminal Code Sec 320.14)
- Overcoming Inadmissibility: Overcome via Criminal Rehabilitation (Form IMM 1444) or a Temporary Resident Permit (TRP)
Mandatory Action Checklist
✓Obtain court disposition certificates and police clearances from country of conviction
✓Determine whether conviction equates to Serious Criminality under Canadian Criminal Code
✓Submit Criminal Rehabilitation application (IMM 1444) or TRP application to IRCC
2. Criminal Rehabilitation vs Temporary Resident Permit (TRP) Matrix
Comparing pathways to overcome criminal inadmissibility.
| Pathway Feature | Criminal Rehabilitation (Form IMM 1444) | Temporary Resident Permit (TRP) |
|---|---|---|
| Legal Effect | PERMANENTLY erases inadmissibility for past offenses | TEMPORARY permission to enter Canada for specific duration |
| Eligibility Waiting Period | Must wait 5 full years after sentence completion | No waiting period (Can apply immediately if urgent) |
| Processing Fee | $200 CAD (Standard) / $1,000 CAD (Serious) | $200 CAD TRP application fee |
| Need Requirement | No compelling reason needed (Permanent fix) | Must prove compelling reason to enter Canada (business/family) |
3. DUI Impaired Driving Consequences & Deemed Rehabilitation
Impact of DUI convictions on Canadian immigration.
Key Policy Highlights & Benchmarks
- DUI Serious Criminality Impact: A single DUI conviction anywhere in the world makes you permanently inadmissible to Canada; DUI can NO LONGER qualify for automatic Deemed Rehabilitation
- 5-Year Sentence Completion Clock: The 5-year waiting period for Criminal Rehabilitation begins ONLY after all sentence conditions are finished (probation, fines paid, license suspension completed)
- PR Deportation Risk: Permanent Residents convicted of Serious Criminality in Canada lose PR status and face deportation without appeal rights if sentenced to >6 months
- TRP Approval Criteria: TRP permits are granted when the compelling need for entry outweighs the health/safety risk to Canadian society
Critical Regulatory NoteDUI SERIOUS CRIMINALITY WARNING: Impaired driving (DUI) is classified as Serious Criminality in Canada; automatic 10-year Deemed Rehabilitation does NOT apply to DUIs.
4. Step-by-Step Rehabilitation Roadmap
Applying for Criminal Rehabilitation.
Mandatory Action Checklist
✓Calculate 5-year completion date of all court penalties
✓Complete Form IMM 1444 and attach police certificates
✓Submit to Canadian Embassy or VAC for permanent clearance
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Frequently Asked Questions (FAQs)
Yes! Since 2018, a DUI is classified as Serious Criminality and causes permanent inadmissibility to Canada.
You must wait 5 full years after completing all sentence conditions (fines paid, probation finished).
Criminal Rehabilitation permanently clears inadmissibility, while a TRP provides temporary permission to enter Canada.
No. Because DUIs are classified as Serious Criminality, they do NOT qualify for automatic Deemed Rehabilitation.
Yes. A PR convicted of Serious Criminality in Canada who receives a prison sentence over 6 months faces deportation.
The government fee is $200 CAD for standard criminality or $1,000 CAD for serious criminality.
Official Government Sources & Authorities
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IRPA Legal Metrics
Governing Statute
IRPA Section 36(1) & 36(2)Serious Criminality Rule
Offense with Max Sentence 10+ YrsCriminal Rehab Waiting Period
5 Years After Sentence CompletionDeemed Rehab Rule
10 Years (Only for non-serious pre-2018)Related Immigration Pathways
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