If you are a U.S. citizen, green card holder, or U.S.
non-immigrant travelling to Canada, inadmissibility can be based on:
● a conviction,
or
● committing an act
outside Canada that would be an offence in Canada.
Source: IRPA s.
36
Convictions in Canada
● Serious
criminality: 10+ years maximum or >6 months imprisonment imposed.
Source: IRPA s.
36(1)(a)
● Ordinary
criminality (foreign nationals): indictable or two convictions (separate incidents).
Source: IRPA s.
36(2)(a)
U.S. convictions (outside Canada)
● Serious
criminality: Canadian equivalent with 10+ year maximum.
Source: IRPA s.
36(1)(b)
● Ordinary
criminality: Canadian equivalent indictable, or qualifying two
convictions.
Source: IRPA s.
36(2)(b)
“Committed an act” (outside Canada)
● Foreign nationals:
act equates to indictable in Canada.
Source: IRPA s.
36(2)(c)
● Serious
criminality: act equates to 10+ year maximum offence in Canada.
Source: IRPA s.
36(1)(c)
Common U.S. issue: IRCC warns
impaired driving convictions may cause inadmissibility.
Source: IRCC
impaired driving
If you have a U.S. record
(conviction, charge, or pending matter), a document-based Canadian equivalency
review can clarify whether IRPA s. 36 applies and what options may be
available.
Source: IRPA
s. 36
