IRPA Section 36: Criminal Inadmissibility Under Canadian Immigration Law

March 22, 2026

Section 36 of the Immigration and Refugee Protection Act (IRPA) is one of the most important legal provisions governing criminal inadmissibility in Canada.

For Americans traveling to Canada, understanding this section helps explain why certain criminal convictions may affect border entry.

Purpose of section 36

Section 36 establishes when criminal activity may render a person inadmissible to Canada.

It addresses both:

● convictions in Canada

● convictions or acts committed outside Canada

The two categories of criminal inadmissibility

Section 36 distinguishes between serious criminality and criminality.

Category	Applies to	Key threshold
Serious criminality	Permanent residents and foreign nationals	Canadian offence punishable by 10 years or more
Ordinary Criminality	Foreign nationals	Offence that would be indictable in Canada

This distinction is important because it affects how cases are evaluated and what remedies may be available.

Foreign convictions and Canadian equivalents

For foreign convictions, Canadian immigration officials determine the Canadian equivalent offence.

This process compares:

● the foreign statute

● the conduct involved

● the Canadian Criminal Code or other federal legislation

Acts committed outside Canada

Section 36 may also apply even if a conviction did not occur.

If immigration authorities believe that a person committed an act outside Canada that would constitute an offence in Canada, inadmissibility may still arise.

Why section 36 matters for Americans

For Americans traveling to Canada, section 36 often determines whether a criminal record will affect admissibility.

Even offences that seem minor in the United States may still create immigration concerns depending on the Canadian equivalent.

Educational purpose of this article

This article provides general information about section 36 of the Immigration and Refugee Protection Act for educational purposes.

If you’re facing admissibility concerns, including criminal inadmissibility, A&M Canadian Immigration Law Corporation in Winnipeg is here to help. Reach out or book a consultation online.

Sources

Immigration and Refugee Protection Act