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 |
Serious | Permanent | Canadian |
Ordinary | Foreign | Offence that |
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
Written by:
Dr. Muhammad
Abrar (Barrister and Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian
Immigration Case Law and Statistics Analyst
