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🇨🇦 IRPA Section 36, Criminal Rehabilitation & TRP — 2026

Canada Criminal Inadmissibility: IRPA Section 36 Guide 2026

Understand how Canada assesses foreign and Canadian convictions, when DUI can constitute serious criminality, when rehabilitation or deemed rehabilitation may apply, how Canadian record suspensions differ, and when a Temporary Resident Permit may be available.

1. What criminal inadmissibility under IRPA section 36 means

Canada can find a person inadmissible because of criminality. IRPA section 36 divides criminal inadmissibility principally into serious criminality under subsection 36(1) and criminality under subsection 36(2). These provisions do not apply identically to every immigration category: subsection 36(1) applies to permanent residents and foreign nationals, while subsection 36(2) applies to foreign nationals.

Statutory Important Points

Under IRPA section 36(3)(a), an offence that can be prosecuted either summarily or by indictment is treated as an indictable offence for the section 36 analysis even if it was actually prosecuted summarily.
Under section 36(3)(b), inadmissibility generally cannot be based on a conviction for which a valid Canadian record suspension has been ordered and has not been revoked or ceased to have effect.
Foreign convictions and acts are assessed by comparing them with the Canadian offence that would have applied if the conduct had occurred in Canada.
An exact legal-equivalency analysis is required for foreign convictions; the name used for an offence in another country is not enough by itself.

2. Serious criminality under IRPA section 36(1)

Section 36(1) creates several serious-criminality grounds. For a Canadian conviction involving a permanent resident or foreign national, serious criminality can arise from an offence punishable by a maximum term of imprisonment of at least 10 years, or from an offence for which a term of imprisonment of more than 6 months was imposed. For a foreign conviction or foreign act, the Canadian equivalent must be an offence punishable by a maximum term of at least 10 years.

Serious Criminality Rules

situation: Canadian conviction

rule: Maximum Canadian punishment is at least 10 years, or more than 6 months of imprisonment was imposed.

situation: Foreign conviction

rule: If committed in Canada, the equivalent Canadian offence would carry a maximum term of at least 10 years.

situation: Foreign act without conviction

rule: The act occurred outside Canada, was an offence where committed, and the Canadian equivalent would carry a maximum term of at least 10 years.

Important DistinctionThe '10-year maximum' test and the 'more than 6 months imposed' test are different statutory routes for Canadian convictions. A page should not reduce all serious-criminality analysis to a single 10-year rule.

3. Criminality under IRPA section 36(2)

Section 36(2) concerns foreign nationals and criminality. The provision covers qualifying Canadian convictions and qualifying foreign convictions or acts. A foreign national can be inadmissible based on one indictable-equivalent offence or, in the circumstances set out in the Act, two offences that do not arise from a single occurrence.

Hybrid Offence RuleBecause IRPA section 36(3)(a) treats offences that may be prosecuted either summarily or by indictment as indictable for this analysis, the way the foreign or Canadian court actually prosecuted a hybrid offence does not by itself determine the immigration classification.

4. DUI and impaired driving: the 2026 rule

A conviction for impaired driving by alcohol or drugs, including cannabis, can make a person criminally inadmissible to Canada. For impaired-driving offences subject to the post-December 18, 2018 Canadian penalties, the relevant indictable offences carry a maximum imprisonment term of 10 years, so a qualifying Canadian conviction can fall under serious criminality. Foreign impaired-driving convictions require an equivalency analysis under Canadian law.

Dui Timeline

offenceDate: December 18, 2018 or later

rule: The modern impaired-driving regime applies. Most relevant impaired-driving offences have a maximum 10-year penalty on indictment, which can create serious-criminality consequences under IRPA section 36(1).

offenceDate: Before December 18, 2018

rule: IRCC assesses the offence using the penalties that were in force when the offence occurred. It may be criminality rather than serious criminality unless the applicable sentence in Canada exceeded 6 months.

Dui Important Points

There is no safe universal rule that 'one DUI always equals serious criminality' without checking the offence date and exact conviction.
The Canadian-law maximum penalty matters for the serious-criminality analysis of a foreign conviction.
The actual sentence can also matter for a Canadian conviction under section 36(1)(a).
Multiple offences can change the analysis.
A DUI conviction outside Canada does not receive its Canadian immigration classification merely from the label 'DUI'; the foreign offence must be equated to Canadian law.

Pre2018 ExampleIRCC's current impaired-driving guidance states that a pre-December 18, 2018 impaired-driving offence may be assessed as ordinary criminality rather than serious criminality unless the person received a Canadian prison sentence longer than 6 months. If at least 10 years have passed since completion of the sentence, deemed rehabilitation may potentially become relevant if all legal conditions are met.

Post2018 ExampleA qualifying impaired-driving offence committed on or after December 18, 2018 can correspond to a Canadian offence with a maximum 10-year term and therefore can result in serious-criminality inadmissibility. The exact foreign-law equivalency and conviction record still need to be reviewed.

5. Individual rehabilitation: eligibility and current 2026 fees

Individual rehabilitation is a discretionary process that can remove criminal inadmissibility after the person has satisfied the applicable waiting period and demonstrates rehabilitation. IRCC states that at least 5 years must generally have passed from the relevant qualifying date(s). Rehabilitation is not automatic simply because five years have elapsed.

Eligibility Rules

For a foreign conviction, at least 5 years must generally have passed since the end of the sentence, including applicable probation.
For a foreign criminal act without a conviction, at least 5 years must generally have passed since the act.
IRCC's current general guidance also describes the applicant as needing to satisfy the authority that they have been rehabilitated and are highly unlikely to take part in further crimes.
Evidence of stable life circumstances and good character can be important.
The decision is discretionary; meeting the minimum waiting period does not guarantee approval.

Evidence Examples

Court records and conviction documents.
Proof that every component of the sentence was completed.
Police or criminal-record checks.
Employment history.
Current residence and stability.
Character-reference letters.
Evidence of rehabilitation or treatment where relevant.
An explanation of the offence and the circumstances showing why reoffending is unlikely.
Evidence addressing changes in conduct and life circumstances since the offence.

Fee DateThese fees were increased effective December 1, 2025 and are the current 2026 IRCC amounts shown on the fee schedule.

6. Rehabilitation is not the same as deemed rehabilitation

Individual rehabilitation requires a formal application and discretionary decision. Deemed rehabilitation can apply automatically under specific rules after enough time has passed, but only for qualifying foreign criminality and only where all statutory and administrative conditions are satisfied.

Deemed Rules

For one qualifying foreign indictable-equivalent conviction, 10 years generally must have passed since completion of all imposed sentences.
For two or more qualifying foreign summary-equivalent convictions, the relevant deemed-rehabilitation period can be at least 5 years after the sentences were served or to be served.
The offence must not be considered serious criminality in Canada.
The person cannot have additional qualifying criminality that prevents deemed rehabilitation.
Deemed rehabilitation does not apply to serious criminality.
IRCC can still require the person to prove the facts supporting rehabilitation at the border or during visa processing.

Travel Evidence

Passport or other identity document.
Court documents for each conviction.
Proof that every sentence was completed, including fines, probation and other conditions where applicable.
Recent criminal record check.
Recent police certificates from the relevant countries, where applicable.

7. Canadian convictions: record suspension instead of foreign criminal rehabilitation

If the criminal conviction occurred in Canada, the standard remedy is different. IRCC states that a person with a Canadian criminal conviction generally needs a record suspension from the Parole Board of Canada before the conviction will cease to create criminal inadmissibility under the applicable IRPA rules.

Canadian Conviction Rules

A Canadian criminal conviction is not ordinarily dealt with through the foreign-criminality rehabilitation application.
The Parole Board of Canada handles record suspensions under the Criminal Records Act.
The eligibility timing for a record suspension is governed by Canadian law and depends on the offence, sentence and other circumstances.
A valid record suspension can affect the IRPA inadmissibility analysis under section 36(3)(b).
If a person has both Canadian and foreign convictions/offences, both a record suspension and rehabilitation may be required in the circumstances described by IRCC.

Mixed Conviction RuleIRCC states that where a person has convictions in Canada and convictions or offences outside Canada, both an approved rehabilitation process and a Canadian record suspension may be required to overcome the respective grounds of inadmissibility, subject to the detailed exceptions.

AuthorityParole Board of Canada is the federal authority responsible for Canadian record suspensions.

8. Temporary Resident Permit (TRP): temporary solution for inadmissible persons

A Temporary Resident Permit can allow an inadmissible person to enter or remain in Canada temporarily when an immigration or border officer determines that the person's need to enter or remain outweighs the health or safety risks to Canadian society. A TRP does not erase the underlying criminal inadmissibility.

A TRP is not an automatic right. A compelling reason, complete evidence and payment of the processing fee do not guarantee issuance.

Trp Rules

The TRP is discretionary.
The applicant must establish a valid or compelling reason for temporary entry or stay.
The officer weighs the need to enter or remain against the health or safety risks.
A TRP is temporary and does not constitute rehabilitation.
A TRP does not guarantee permanent admission to Canada.
A border-services officer can reassess the person's admissibility at the port of entry even when a valid TRP exists.
A TRP can be relevant when the person cannot yet obtain rehabilitation or when the circumstances justify temporary entry before rehabilitation.

Trp Examples

A business trip with significant commercial consequences.
A close family event where temporary entry has a compelling justification.
Urgent or important travel that cannot reasonably wait for rehabilitation.
Other circumstances where the applicant can demonstrate that the need to enter Canada outweighs the relevant risk.

9. Rehabilitation and TRP application workflow

Applicants should determine the exact immigration classification before choosing a remedy. The wrong application can cause delay, unnecessary cost or an incomplete inadmissibility solution.

Recommended Step-by-Step Timeline & Workflow

step: 1title: Collect the criminal recorddetails: Obtain certified or official conviction records, charging information, sentencing documents and proof that the sentence was completed.
step: 2title: Identify every offencedetails: List every conviction, charge, offence, country, date and sentence. Multiple offences can materially change the analysis.
step: 3title: Determine the Canadian equivalentdetails: For foreign conduct, identify the Canadian offence that would apply if the conduct had occurred in Canada.
step: 4title: Determine whether the issue is criminality or serious criminalitydetails: Apply IRPA section 36 and the relevant maximum-penalty and sentence rules.
step: 5title: Check the offence datedetails: This is especially important for impaired-driving convictions because Canadian penalties changed on December 18, 2018.
step: 6title: Check whether deemed rehabilitation could applydetails: Confirm the foreign-conviction requirement, the 5- or 10-year period, seriousness, number of offences and completion of every sentence.
step: 7title: Check individual rehabilitation eligibilitydetails: If at least 5 years have elapsed from the applicable qualifying date, prepare IMM 1444 and the required supporting package if rehabilitation is appropriate.
step: 8title: Check Canadian record-suspension requirementsdetails: If there is a Canadian conviction, determine whether the Parole Board of Canada record-suspension process is required.
step: 9title: Consider a TRPdetails: If temporary entry is necessary before inadmissibility is otherwise overcome, consider whether a TRP application can establish a sufficient and compelling reason.
step: 10title: File the underlying immigration application correctlydetails: Rehabilitation or a TRP does not replace the visitor-visa, eTA, study-permit, work-permit or permanent-residence requirements applicable to the person's intended status.

10. Current rehabilitation forms and supporting documents

The current criminal-rehabilitation application package contains the Application for Criminal Rehabilitation (IMM 1444), Document Checklist (IMM 5507), and Use of a Representative form (IMM 5476) where applicable.

Supporting Documents

Passport or identity documents.
Court documents for each conviction.
Proof of completion of every sentence, including probation, fines, restitution and other imposed conditions where applicable.
Police certificates or criminal-record checks requested by IRCC.
Employment and residence history.
Evidence of stable lifestyle and rehabilitation.
Character references.
A detailed explanation of the offence(s), subsequent conduct and why the applicant is unlikely to reoffend.
Documents supporting the purpose of travel if rehabilitation is submitted together with a temporary-residence application.

Form WarningThe current IMM 1444 was updated in October 2025. Applicants should always use the current IRCC form and checklist rather than an archived copy.

11. Timing and processing expectations

Criminal rehabilitation applications are not guaranteed to be processed within a short fixed period. IRCC's current guidance states that routine rehabilitation applications can take six months or more, and another current IRCC rehabilitation guide warns that applications can take over a year.

Timing Rules

Do not plan international travel on the assumption that a rehabilitation decision will be issued quickly.
Apply well in advance of a planned trip.
A person who is not yet eligible for individual rehabilitation may still need a TRP if there is a compelling reason for temporary entry.
A rehabilitation application must not be confused with the processing time for the underlying visitor visa, study permit, work permit or permanent-residence application.
A rehabilitation approval removes the relevant ground of criminal inadmissibility but does not itself approve a visa, permit or permanent-residence application.

Planning ExampleIf a person expects to travel in summer 2027 and reaches the five-year rehabilitation eligibility point in early 2027, they should not wait until the travel date to begin the process. The current IRCC guidance supports applying well in advance because rehabilitation can take many months.

12. Common criminal-inadmissibility mistakes

Criminal inadmissibility is highly fact-specific. Common shortcuts can produce the wrong remedy or an incorrect assumption that a person is admissible.

Mistakes

mistake: Treating every DUI as serious criminality

correction: Check the offence date, Canadian equivalent and sentence. The December 18, 2018 penalty change is especially important.

mistake: Using section 36(2) for a permanent resident

correction: Section 36(2) is the criminality provision for foreign nationals; permanent residents are addressed under section 36(1) for the relevant criminality grounds.

mistake: Assuming every offence becomes admissible after 10 years

correction: Deemed rehabilitation has specific eligibility rules and does not apply to serious criminality.

mistake: Counting 5 years from the conviction date in every case

correction: The applicable starting date depends on whether there was a conviction and, where there was a conviction, when the sentence ended.

mistake: Applying for foreign criminal rehabilitation for a Canadian conviction

correction: Canadian convictions generally require the record-suspension process through the Parole Board of Canada.

mistake: Assuming a TRP clears the criminal record

correction: A TRP is temporary authorization and does not remove the underlying inadmissibility.

mistake: Using outdated fees

correction: The current fees are C$246.25 for criminality rehabilitation, C$1,231 for serious-criminality rehabilitation and C$246.25 for a TRP.

mistake: Submitting only a court conviction without proof that the sentence ended

correction: Rehabilitation timing depends on completion of the sentence, so evidence of fines, probation and other conditions can be critical.

mistake: Assuming rehabilitation guarantees entry

correction: A person must still meet the requirements of the visitor, study, work or permanent-residence application and satisfy border or immigration officers on other admissibility grounds.

13. Practical decision framework

The most appropriate remedy depends primarily on whether the conviction was in Canada or abroad, whether the case is criminality or serious criminality, how many offences exist, when every sentence ended, and whether the person needs to enter Canada before rehabilitation is available.

Situation	Likely avenue to investigate	Important limitation
One qualifying foreign non-serious offence and at least 10 years since all sentences were completed	Deemed rehabilitation may be available	Must satisfy all deemed-rehabilitation conditions; no guarantee.
Qualifying foreign serious offence and at least 5 years since the applicable qualifying date	Individual rehabilitation	Serious criminality cannot be deemed rehabilitated.
Foreign criminality and fewer than 5 years since the applicable qualifying date	TRP may be considered if there is a compelling temporary reason	TRP is discretionary and temporary.
Canadian criminal conviction	Record suspension through the Parole Board of Canada	Foreign-criminality rehabilitation is not the normal remedy for a Canadian-only conviction.
Canadian and foreign convictions/offences	Record suspension plus foreign criminal rehabilitation may both be required	Exact facts and exceptions must be reviewed.
Old pre-December-18-2018 impaired-driving conviction	Determine whether it is criminality or serious criminality under the historical penalties	Do not apply the post-2018 10-year rule mechanically.

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Frequently Asked Questions (FAQs)

Not automatically in every case. For impaired-driving offences governed by the post-December 18, 2018 Canadian penalties, the relevant indictable offences have a maximum 10-year imprisonment term and can therefore create serious-criminality inadmissibility. A pre-December 18, 2018 offence is assessed under the penalties in force when it occurred. Foreign convictions also require a Canadian-law equivalency analysis.

Generally, at least 5 years must have passed from the applicable qualifying date. For a foreign conviction, IRCC generally uses 5 years from the end of the sentence, including applicable probation. For a foreign criminal act without a conviction, the relevant period is generally 5 years from the act. Meeting the five-year threshold only makes you eligible to apply; it does not guarantee approval.

No. Deemed rehabilitation has different rules depending on the type and number of qualifying foreign offences. A common rule is 10 years after completion of all sentences for one qualifying foreign indictable-equivalent offence, while special 5-year rules can apply to two or more qualifying summary-equivalent offences. Deemed rehabilitation is not available for serious criminality and all other conditions must be satisfied.

The current IRCC fee is C$246.25 for rehabilitation based on criminality and C$1,231 for rehabilitation based on serious criminality. These amounts were increased effective December 1, 2025 and remain the current 2026 fees.

Rehabilitation is intended to overcome the underlying criminal inadmissibility after the required eligibility period and a favourable decision where individual rehabilitation is required. A Temporary Resident Permit is temporary authorization to enter or remain in Canada when the person's need outweighs the relevant risk. A TRP does not remove the underlying criminal inadmissibility and is discretionary.

Canadian convictions are handled differently from foreign convictions. IRCC states that a person with a Canadian criminal conviction generally needs a record suspension from the Parole Board of Canada rather than the foreign-criminality rehabilitation application. If the person also has foreign convictions or offences, both remedies may be relevant depending on the circumstances.

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Current Inadmissibility Metrics

Serious-Criminality RehabilitationC$1,231

Criminality RehabilitationC$246.25

Temporary Resident PermitC$246.25

Individual Rehabilitation TimingGenerally at least 5 years after the applicable qualifying date

Deemed RehabilitationOnly for qualifying foreign criminality; not serious criminality

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