What is IRPA s.36?

IRPA s.36 declares a foreign national or permanent resident inadmissible on criminality grounds. Two sub-sections with different consequences:

• s.36(1) — Serious criminality: Conviction in Canada (or equivalent foreign offence) of an offence punishable by 10+ years OR for which a sentence of 6+ months imprisonment was imposed. Permanent residents can lose status under this section.
• s.36(2) — Criminality: Conviction in Canada (or equivalent foreign offence) of an indictable offence, two summary offences (in Canada), or a foreign equivalent. Foreign nationals only.

How foreign equivalency works

For a foreign conviction to trigger s.36, the offence must have a Canadian-Criminal-Code equivalent. The IRCC officer (or counsel before the IRB) maps the foreign offence to the closest Canadian offence. DUI / impaired driving became "serious criminality" under s.36(1) after a 2018 Criminal Code amendment increased the maximum penalty.

Overcoming s.36 inadmissibility — three paths

1. Deemed rehabilitation — automatic, no application needed. Available 10 years after sentence completion for single non-serious offences.
2. Individual rehabilitation — application to IRCC. Available 5 years after sentence completion for serious offences, or 5 years after for individuals not deemed-rehabilitated.
3. Temporary Resident Permit (TRP) — discretionary, for cases where you need entry before becoming rehabilitated.
4. Record suspension (pardon) in country of conviction — may resolve the inadmissibility but only if recognized by Canada.

Special cases

• DUI: post-December 2018, most DUI convictions trigger s.36(1) serious criminality. Old DUIs may be grandfathered as s.36(2).
• Cannabis offences: drug-trafficking and large-quantity cannabis offences still trigger s.36 regardless of Canadian legalization
• Youth offences: most don't trigger s.36 if dealt with under youth-court systems

What to do if s.36 is alleged

Order your foreign police certificate and conviction records. We assess equivalency, plan the rehabilitation pathway, and prepare the application package. Lower-level s.36 cases often resolve through deemed or individual rehabilitation; serious cases may require Federal Court review.