Canadian Deportation Warning

Updated August 21, 2002

In recent months NBAA has received several reports of U.S. citizens being deported from Canada by the Citizenship and Immigration Canada inspectors when the U.S. citizens have accurately responded on immigration questionnaires that they had been convicted of a felony, usually involving driving under the influence of alcohol (DUI). Deportation under these circumstances is consistent with Canadian law. However, if it has been over ten years since the conviction, the requirements to be approved for future Canadian access is fairly straight forward, if somewhat arduous. If it has been less than 10 years since the conviction, there is a more demanding process involving application for determination of “rehabilitation” that must be completed in order to be eligible to be legally admitted to Canada.

In a July 25, 2002 e-mail to the Canadian Business Aviation Association, the Citizenship and Immigration Canada (CIC) stated the following:

Let me begin by stating that the offence of ‘operating a motor vehicle, vessel or aircraft while impaired’ under the Criminal Code of Canada is considered a serious indictable offence, punishable by a term of imprisonment not exceeding 10 years. Although a person who has committed a criminal act is considered criminally inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA), provisions do exist to render a person eligible for “deemed rehabilitation” for entry purposes to Canada under the following conditions:

• if the person has been convicted of the equivalent of one single indictable offence only – punishable by a term of imprisonment not exceeding 10 years
• and the passage of time of 10 years has elapsed since the date of conviction and/or end of sentence.

In addition to the “deemed rehabilitation” provision, “rehabilitation” provisions exist for persons who do not meet the 10-year passage of time criteria for ‘deemed rehabilitation’, as well as for persons convicted of serious criminality, i.e., offences for which a term of imprisonment exceeding 10 years can be imposed. The main differences between the two provisions are the degree of seriousness of the criminal offence, and the period of time elapsed: 10 years has to have elapsed to qualify for the ‘deemed rehabilitation’ provision, whereas 5 years has to have elapsed since the date of conviction and/or end of sentence for the ‘rehabilitation’ provision.

An individual may opt to apply for ‘deemed rehabilitation’ at a Canadian Port of Entry (POE), or at the nearest Canadian Visa Office/Consulate abroad to confirm their eligibility for ‘deemed rehabilitation’ before arrival at a POE. Unlike “deemed rehabilitation”, which an officer has the authority to process at a POE or Visa Office/Consulate, a “rehabilitation” application can only be processed at a Canadian Visa Office/Consulate or at CIC National Headquarters, and requires the authorization of the Manager or the Minister’s delegate. All the required Immigration forms, including the IMM 1444, application form, may be found at the above web site. Fees for the rehabilitation application are either $200 or $1000, depending on the seriousness of the criminal offence. There is no fee for a ‘deemed rehabilitation’ case at a POE.

Every person seeking to enter Canada must appear for an examination at a POE to determine whether that person has a right to enter Canada or is or may be authorized to enter and remain in Canada. In addition to conducting an examination of the individuals, immigration officials reserve the right to verify, at any time, all documentation in the person’s possession. This includes any CIC work permits.

Additional information, including application forms for “Rehabilitation for Persons who are Inadmissible to Canada Because of Past Criminal Activity” and a directory of Canadian Consulates worldwide, is available on the CIC web site at https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-rehabilitation-inadmissible-persons-criminal-activity.html.