On This Page, You Will Find:
- Why impaired driving makes you inadmissible to Canada
- What changed on 18 December 2018
- Offences before that date, and offences on or after it
- Why deemed rehabilitation no longer applies to recent offences
- Temporary Resident Permits and current fees
- Criminal rehabilitation and record suspensions
- How and where to apply
- Frequently asked questions
A single impaired driving conviction can keep you out of Canada. IRCC treats driving while impaired by alcohol or drugs, including cannabis, as grounds for inadmissibility for serious criminality, whether the offence happened in Canada or abroad.
The label used in your home jurisdiction does not decide the outcome. A US misdemeanour DUI, a DWI, an OUI or a “wet and reckless” plea are all assessed against the closest Canadian offence and the maximum penalty that Canadian offence carries.
This page explains the consequences and the routes back to admissibility. It is general information, not legal advice; anyone affected should consult a qualified Canadian immigration lawyer before travelling.
Why Impaired Driving Blocks Entry
Canada assesses foreign offences by equivalency. An officer identifies the closest Canadian offence in the Criminal Code, then looks at its maximum penalty rather than the sentence you actually received.
Conduct commonly caught by this test includes:
- driving while impaired by alcohol or by drugs, including cannabis
- driving over the legal blood alcohol or blood drug concentration
- refusing or failing to provide a breath or blood sample
- dangerous or reckless driving involving alcohol or drugs
- related plea-bargained offences such as “wet and reckless”
If you are found inadmissible, a border services officer can refuse you entry outright. You then have to use one of the formal routes described below to overcome the finding of criminal inadmissibility.
What Changed on 18 December 2018
Parliament’s overhaul of the transportation offences in the Criminal Code came into force on 18 December 2018. It raised the maximum penalty for impaired driving prosecuted by indictment to 10 years.
That number is the pivot. Under Canadian immigration law, serious criminality is triggered where the equivalent Canadian offence is punishable by a maximum term of at least 10 years. Once the ceiling moved to 10 years, ordinary impaired driving crossed the line from criminality into serious criminality.
Offences committed before 18 December 2018
IRCC assesses these under the penalties in force at the time. In most cases you may be found inadmissible for criminality rather than serious criminality, unless you received a prison sentence in Canada longer than six months.
Offences committed on or after 18 December 2018
These are assessed under the current maximum penalty, so a single conviction can make you inadmissible for serious criminality. The practical consequences are significant and permanent until you take formal action.
Why Deemed Rehabilitation No Longer Helps Recent Offences
Deemed rehabilitation is the route where enough time has simply passed that the conviction stops barring entry, with no application required.
It is only available where the equivalent Canadian offence carries a maximum prison term of less than 10 years. Because impaired driving now carries a 10-year maximum, offences committed on or after 18 December 2018 cannot qualify, no matter how much time passes.
For offences committed before that date and assessed as criminality only, deemed rehabilitation may still be available once at least 10 years have passed since all sentencing was completed, including fines, custody, probation and restitution. IRCC also expects the offence not to have involved serious property damage, physical harm to a person or a weapon.
Deemed rehabilitation is never guaranteed. It is safer to be assessed by the visa office responsible for your region before travelling than to argue it at the border. Applicants living in the United States are assessed at a Canadian port of entry rather than through a US visa office.
Temporary Resident Permits
A Temporary Resident Permit (TRP) is usually the fastest option, and often the only one where the conviction is recent.
To obtain one you must apply for temporary residence from outside Canada or at a port of entry, show a compelling reason to enter Canada temporarily, and pay the processing fee. The officer must be satisfied that your need to enter or stay outweighs the health or safety risk to Canadian society.
The current TRP processing fee is C$246.25 per person. Key limits:
- a TRP may be issued for a maximum of three years, and often for far less
- it may be cancelled at any time
- it stops being valid once you leave Canada unless it states that it is valid for re-entry
- even with a valid TRP, border services officers can still refuse entry
A TRP does not remove the inadmissibility. You will need a fresh permit for each trip until you obtain criminal rehabilitation or a record suspension.
Criminal Rehabilitation
Individual criminal rehabilitation is the permanent solution for a conviction outside Canada. Once granted, the conviction no longer makes you inadmissible unless you offend again.
At least five years must have passed since both the end of your criminal sentence, including probation, and the day you committed the act that made you inadmissible.
The processing fee turns on the classification of the offence:
- C$1,231.00 where you are inadmissible for serious criminality, which covers most impaired driving offences committed on or after 18 December 2018
- C$246.25 where you are inadmissible for criminality, which may apply to older offences
The fee is not refunded if the application is refused, and IRCC warns that these applications can take over a year to process. Plan well ahead of any travel.
If You Were Convicted in Canada
Criminal rehabilitation is not the route for a Canadian conviction. Instead, you must apply to the Parole Board of Canada for a record suspension. A Canadian record suspension removes the inadmissibility.
A pardon or discharge granted in another country is not automatically recognised in Canada. The visa office serving your region will tell you whether it is valid for Canadian immigration purposes.
How and Where to Apply
- TRP: apply at a Canadian visa office before travel, or request one at a port of entry in urgent cases
- Criminal rehabilitation on its own: submit to the visa office responsible for your region by mail or courier only, with the fee
- Criminal rehabilitation with a visa, study or work permit application: submit everything together at the nearest Visa Application Centre
- eTA applicants: file and obtain confirmation of rehabilitation before applying for the eTA, otherwise the eTA may be refused
- Record suspension: apply to the Parole Board of Canada
Whichever route applies, bring complete court records, proof that every part of the sentence was discharged, a recent criminal record check and police certificates. Check the current fee schedule before paying, and review the visitor visa requirements that apply alongside any permit.
Frequently Asked Questions
Is a DUI from the United States treated the same as one from Canada?
Canada assesses the underlying conduct, not the label used elsewhere. US DUIs, DWIs and equivalent offences are compared to the Canadian impaired driving provisions, so a misdemeanour at home can still amount to serious criminality here.
Why does 18 December 2018 matter so much?
Tougher impaired driving penalties came into force that day, raising the maximum term on indictment to 10 years. Offences committed on or after that date are assessed against the new maximum and generally fall under serious criminality; offences committed before it are assessed under the penalties in force at the time.
Can I still be deemed rehabilitated after a DUI?
Only for offences committed before 18 December 2018 that are assessed as criminality rather than serious criminality, and only once at least 10 years have passed since the sentence was fully completed. Offences on or after that date cannot qualify because the maximum penalty is now 10 years.
How much does it cost to fix a DUI inadmissibility?
The TRP fee is C$246.25 per person. Criminal rehabilitation costs C$1,231.00 for serious criminality and C$246.25 for criminality. Fees are not refunded if an application is refused.
How long must I wait to apply for criminal rehabilitation?
At least five years from both the end of the sentence, including probation and any fines, and the date of the act that made you inadmissible. If any part of the sentence is outstanding, the five-year clock has not started.
Can a border officer refuse me even with a valid TRP?
Yes. Canada Border Services Agency officers verify your information again on arrival and decide whether you may enter. A valid TRP does not guarantee admission.