“White-collar
crime” (fraud, identity theft, forgery, money laundering, large-scale schemes)
can trigger criminal inadmissibility to Canada. Canadian officers
typically (1) determine the Canadian equivalent offence, then (2) apply IRPA
s. 36 (criminality vs serious criminality).
1) Canada’s
core “white-collar” offences (what U.S. records often match to)
A) Fraud —
Criminal Code s. 380
● Over $5,000: indictable, max 14 years
● $5,000 or less: indictable max 2 years or summary
conviction
B) Forgery —
Criminal Code s. 366
Defines forgery (false document + intent to be
used as genuine to prejudice someone).
C) Money
laundering (proceeds of crime) — Criminal Code s. 462.31
● General laundering: indictable max 10 years or summary conviction
● If done “for the benefit of / at the direction of /
in association with a criminal organization”: indictable max 14 years
D)
Possession of property obtained by crime — Criminal Code s. 354
Often used in “proceeds” / stolen property
files linked to fraud schemes.
2) How this
becomes criminal inadmissibility (IRPA s. 36)
After
equivalency:
● Serious criminality (IRPA s. 36(1)) can apply to PRs and foreign nationals where
the Canadian equivalent has a maximum of 10+ years (e.g., fraud over
$5,000; money laundering; certain proceeds offences).
● Criminality / ordinary criminality (IRPA s. 36(2)) can apply to foreign nationals where the
Canadian equivalent is indictable (and hybrid offences are treated as
indictable for immigration analysis).
3) Equivalency chart: California, New York, Minnesota → typical Canadian matches
White-collar
conduct | California
example | New York
example | Minnesota
example | Typical
Canadian equivalent |
Scheme /
large fraud | (Often charged
through theft/fraud theories) | Scheme to
defraud (PL 190.65) | Theft
statute includes “swindle” clause (609.52) | Fraud (s.
380) |
Identity
theft | PC 530.5 | (NY has
multiple ID theft provisions; varies) | 609.527 | Often analyzed
under identity/fraud tools and s. 380 depending on record |
Forgery /
forged instruments | (varies by
section) | Forgery 2nd
degree (PL 170.10) | (varies by
section) | Forgery (s.
366) |
Money
laundering / proceeds movement | Money
laundering (PC 186.10) | Money
laundering (Article 470; e.g., 470.10) | (varies;
sometimes charged under racketeering/proceeds theories) | Money
laundering (s. 462.31) |
Card /
payment fraud | (varies) | (varies) | Financial
transaction card fraud (609.821) | Often assessed
as fraud (s. 380) and related offences depending on facts |
Practical
note: Amounts
(loss/restitution), “scheme” features, and whether there’s a proceeds/money
trail often determine whether Canada treats the equivalent as 10+ years (higher risk).
Disclaimer
(Educational Use Only)
This content is
for general educational information only and is not legal advice. Immigration
laws, regulations, and officer practices can change. U.S. laws vary by state;
outcomes depend on the exact statute, dates, and official court records.
Sources
(hyperlinks)
● Canada — Criminal
Code s. 380 (Fraud)
● Canada — Criminal
Code s. 366 (Forgery)
● Canada — Criminal
Code s. 462.31 (Money laundering; punishment)
● Canada — Criminal
Code s. 462.31(2.1) (14 years if linked to criminal organization)
● Canada — Criminal
Code s. 354 (Possession of property obtained by crime)
● New York — Penal Law 190.65
(Scheme to defraud)
● New York — Penal Law 170.10
(Forgery 2nd)
● New York — Penal Law 470.10
(Money laundering 3rd)
● California — Penal Code 186.10 (Money laundering)
● California — Penal Code 530.5
(Identity theft)
● Minnesota — 609.527 (Identity
theft)
● Minnesota — 609.821 (Financial
transaction card fraud)
Frequently Asked Questions
Yes. Fraud over $5,000 and money laundering carry 10+ year maximums in Canada, which commonly triggers serious-criminality analysis after equivalency.
Not necessarily. Canada looks at the Canadian equivalent offence and maximum penalty, not the U.S. label.
Charging
section, judgment/disposition, loss/restitution findings, and any plea factual
basis—because “scheme,” value, and proceeds details can change the Canadian
match.
If you need to visit,
study, work, or immigrate to Canada with a U.S. white-collar record, an
equivalency review can identify the closest Canadian offence and whether IRPA
s. 36 risks are “ordinary” or “serious.”
