Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2014-06-12 and last amended on 2014-02-06. Previous Versions

Division 4Inadmissibility

Marginal note:Rules of interpretation

 The facts that constitute inadmissibility under sections 34 to 37 include facts arising from omissions and, unless otherwise provided, include facts for which there are reasonable grounds to believe that they have occurred, are occurring or may occur.

Marginal note:Security
  •  (1) A permanent resident or a foreign national is inadmissible on security grounds for

    • (a) engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests;

    • (b) engaging in or instigating the subversion by force of any government;

    • (b.1) engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada;

    • (c) engaging in terrorism;

    • (d) being a danger to the security of Canada;

    • (e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or

    • (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b), (b.1) or (c).

  • (2) [Repealed, 2013, c. 16, s. 13]

  • 2001, c. 27, s. 34;
  • 2013, c. 16, s. 13.
Marginal note:Human or international rights violations
  •  (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for

    • (a) committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

    • (b) being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act; or

    • (c) being a person, other than a permanent resident, whose entry into or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has imposed or has agreed to impose sanctions in concert with that organization or association.

  • (2) [Repealed, 2013, c. 16, s. 14]

  • 2001, c. 27, s. 35;
  • 2013, c. 16, s. 14.
Marginal note:Serious criminality
  •  (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

    • (a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

    • (b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

    • (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

  • Marginal note:Criminality

    (2) A foreign national is inadmissible on grounds of criminality for

    • (a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;

    • (b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

    • (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or

    • (d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

  • Marginal note:Application

    (3) The following provisions govern subsections (1) and (2):

    • (a) an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily;

    • (b) inadmissibility under subsections (1) and (2) may not be based on a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal;

    • (c) the matters referred to in paragraphs (1)(b) and (c) and (2)(b) and (c) do not constitute inadmissibility in respect of a permanent resident or foreign national who, after the prescribed period, satisfies the Minister that they have been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated;

    • (d) a determination of whether a permanent resident has committed an act described in paragraph (1)(c) must be based on a balance of probabilities; and

    • (e) inadmissibility under subsections (1) and (2) may not be based on an offence

      • (i) designated as a contravention under the Contraventions Act,

      • (ii) for which the permanent resident or foreign national is found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or

      • (iii) for which the permanent resident or foreign national received a youth sentence under the Youth Criminal Justice Act.

  • 2001, c. 27, s. 36;
  • 2008, c. 3, s. 3;
  • 2010, c. 8, s. 7;
  • 2012, c. 1, s. 149.