Entering Canada with a DUI: rehabilitation, permits and the 2018 rule

A single impaired driving conviction can keep you out of Canada. That surprises many travellers, especially Americans whose DUI was a misdemeanour dealt with by a fine and a licence suspension years ago. Canadian immigration law does not look at what the offence was called or how it was handled where it happened. It asks what the offence would be if it had been committed in Canada, and since December 18, 2018, impaired driving in Canada carries a maximum of 10 years in prison. That one change moved most recent DUIs into the most serious category of criminal inadmissibility. This article explains how a foreign record is assessed, which route back into Canada fits your situation, what it costs, and what happens at the border.

How Canada assesses a foreign conviction

Criminal inadmissibility comes from section 36 of the Immigration and Refugee Protection Act (IRPA). There are two tiers:

• Serious criminality. A conviction outside Canada for an offence that, if committed in Canada, would be punishable by a maximum term of at least 10 years (IRPA, s. 36(1)(b)). This applies to permanent residents and foreign nationals.
• Criminality. A conviction outside Canada for an offence that would be indictable in Canada, or two offences not arising out of a single occurrence (IRPA, s. 36(2)(b)). This applies to foreign nationals only.

The officer's job is to find the Canadian equivalent. The label on your record (DUI, DWI, OWI, OVI, "per se" over the limit) does not decide the outcome; the elements of the offence do. Three rules in the Act shape that comparison:

• Hybrid offences count as indictable. An offence that can be prosecuted either summarily or by indictment is deemed indictable for immigration purposes, even if it was prosecuted summarily (IRPA, s. 36(3)(a)). Impaired driving in Canada is a hybrid offence, so a minor-sounding conviction abroad is still treated as an indictable one.
• Only federal offences count. Section 36 refers to offences "under an Act of Parliament." A foreign conviction whose closest Canadian match is a provincial traffic offence, such as careless driving under a provincial highway statute, does not create criminal inadmissibility. This is why the exact wording of a reduced or plea-bargained charge matters.
• Acts, not only convictions. Committing an act outside Canada that is an offence there and would be an offence here can also make you inadmissible (IRPA, s. 36(1)(c) and (2)(c)). An unresolved DUI charge can therefore cause problems even before a conviction.

The comparison is done against the Criminal Code's impaired driving provisions: operating a conveyance while impaired by alcohol or a drug, or with a blood alcohol concentration at or over 80 mg in 100 mL of blood within two hours of driving (Criminal Code, s. 320.14(1)). Refusing a breath or blood demand is a separate offence with the same penalty range (s. 320.15(1)).

The December 18, 2018 change and why your offence date matters

On December 18, 2018, Parliament raised the maximum sentence for impaired driving and refusal to 10 years when prosecuted by indictment (Criminal Code, s. 320.19(1)). Because serious criminality turns on a 10-year maximum, an impaired driving offence committed on or after that date is serious criminality under IRPA s. 36(1)(b). IRCC confirms that a person convicted of driving while impaired by alcohol or drugs, including cannabis, may be inadmissible for serious criminality whether the offence happened in Canada or abroad (IRCC, convicted of driving while impaired).

The date that counts is the date you committed the offence, not the date you were convicted or the date you travel. The Supreme Court of Canada held that the "maximum term of imprisonment" in section 36(1) means the maximum available when the offence was committed (Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50). IRCC applies the same approach: for offences before December 18, 2018, it assesses inadmissibility under the penalties in force at the time, which usually means criminality rather than serious criminality.

Fees are from IRCC's fee list as of October 2026 and are non-refundable.

Deemed rehabilitation: when time alone is enough

An inadmissibility under s. 36(1)(b) or (2)(b) ends if you are a member of a prescribed class deemed to have been rehabilitated (IRPA, s. 36(3)(c)). For a single foreign conviction, the main conditions are that the offence is punishable in Canada by a maximum of less than 10 years, at least 10 years have passed since the day after you completed the sentence, and you have no other convictions of the kinds listed in the regulation (Immigration and Refugee Protection Regulations, s. 18(2)(a)). A person with two or more foreign convictions that would be summary offences in Canada can be deemed rehabilitated after five years, subject to similar conditions (s. 18(2)(b)).

The 10-year maximum condition is the reason a DUI committed on or after December 18, 2018 can never be deemed rehabilitated. Time passing will not fix it. You need individual rehabilitation or a temporary resident permit.

For a pre-2018 DUI, the 10 years run from the end of the whole sentence: fines paid, probation finished, any jail served. IRCC's guide gives a driving prohibition as an example of a sentence component and counts the waiting period from the end date of the prohibition (IRCC Guide 5312). There is no form to file. A border officer decides at the port of entry, and IRCC notes this route is mainly for people who live in the United States. If you are not sure you qualify, you can ask a visa office to assess you in advance, which IRCC says can take six months or more (IRCC, deemed rehabilitation).

Individual criminal rehabilitation: the permanent fix

Individual rehabilitation is an application asking the Minister to be satisfied that you have been rehabilitated (IRPA, s. 36(3)(c)). You become eligible five years after completing your sentence, or, if you were never convicted, five years after committing the act, provided you have not been convicted of a later offence (IRPR, s. 17). IRCC states the five years must have passed since the end of the sentence, including probation (IRCC).

The application is made on form IMM 1444 with the IMM 5507 document checklist (IRCC Guide 5312). If you need a visitor visa, study permit or work permit, you can apply together with that application; if you travel on an eTA or are a US citizen, you file a separate rehabilitation application first (IRCC, overcome criminal convictions). IRCC warns that rehabilitation applications can take over a year. Officers look at the number and seriousness of offences, your conduct since, why you are unlikely to reoffend, and the support around you. A strong application usually includes:

• certified court records for every charge and conviction, and proof each part of the sentence was completed;
• a recent criminal record check, and police certificates from the country where you were convicted and from anywhere you have lived for six months or more in the last 10 years;
• a personal statement that explains the offence honestly, without minimizing it, and what changed afterwards (treatment, abstinence, ignition interlock compliance, driving record);
• reference letters from employers or community members who know about the conviction.

Once approved, the conviction no longer makes you inadmissible. You do not need to apply again for each trip.

Temporary resident permits for urgent travel

If you are within five years of your sentence, or you cannot wait for a rehabilitation decision, a temporary resident permit (TRP) is the only lawful way in. An officer may issue one to an inadmissible person "if an officer is of the opinion that it is justified in the circumstances," and it may be cancelled at any time (IRPA, s. 24(1)). IRCC says you must show a compelling reason to enter, and that your need to be in Canada must outweigh the health or safety risks to Canadian society (IRCC). Explain the reason concretely, with documents, and show why it requires you to be in Canada on those dates.

• Fee: $246.25 per person (IRCC fee list). The fee waiver for a one-visit permit for minor offences is not available for serious criminality, and IRCC states that since December 18, 2018 most impaired driving offences fall into that category (IRCC Help Centre).
• Length: a TRP ends when it expires, is cancelled, or you leave Canada without authorization to return, and in any case after three years (IRPR, s. 63). Ask for multiple-entry validity that matches your actual travel.
• Where to apply: US citizens and permanent residents living in the US request instructions through IRCC's web form, which routes the request to the Los Angeles visa office. Visa-required travellers apply with their visa application. A request can also be made at a port of entry, where the officer decides on the spot (IRCC, how to apply for a TRP).
• No path to permanent residence: long-term TRP holders can sometimes become permanent residents, but not if they are inadmissible for serious criminality under s. 36(1) (IRPR, s. 65(b)(ii)). A post-2018 DUI needs rehabilitation for that.

Asking at the border is a gamble. If the officer refuses, you go home, and the trip is lost. When the timing allows, apply ahead.

What happens at the border

Everyone seeking to enter Canada must appear for an examination (IRPA, s. 18(1)) and must answer the officer's questions truthfully (IRPA, s. 16(1)). Your admissibility is checked when you apply for a visa or eTA, and again when you arrive (IRCC). Even with a TRP or rehabilitation approval, the CBSA officer verifies your information and decides whether to admit you. Carry the approval letter or permit and your court documents.

Two points cause confusion for American travellers:

• US preclearance is for entering the United States. The preclearance area at a Canadian airport is run by US Customs and Border Protection for your trip south. Canada's admissibility decision is made by the CBSA when you arrive in Canada.
• Do not assume the record is invisible. Plan on the officer being able to see your record. Denying a conviction the officer then finds turns a criminality problem into misrepresentation, which carries its own five-year bar (IRPA, s. 40(1)(a) and (2)(a)).

Being turned away is not a permanent ban, but you must disclose it when a later application asks about previous refusals.

Permanent residents, Canadian convictions and record suspensions

Permanent residents are not exposed to the lower "criminality" tier, but they are exposed to serious criminality (IRPA, s. 36(1)). A permanent resident convicted in Canada of impaired driving committed on or after December 18, 2018 may be reported for serious criminality (s. 36(1)(a)), because the offence carries a 10-year maximum. Whether there is a right of appeal to the Immigration Appeal Division depends on the facts: the appeal is barred if the crime was punished in Canada by at least six months of imprisonment, or if it is a foreign conviction or act under s. 36(1)(b) or (c) (IRPA, s. 64(1) and (2)). A permanent resident facing a DUI charge should get immigration advice before pleading guilty.

A Canadian conviction cannot be fixed through IRCC rehabilitation. IRCC says that if you were convicted of impaired driving in Canada, you must apply for a record suspension (IRCC). Once ordered, a record suspension removes the conviction as a basis for inadmissibility (IRPA, s. 36(3)(b)). Record suspensions are ordered by the Parole Board of Canada:

• the waiting period is 10 years after the sentence for an offence prosecuted by indictment, or five years for a summary conviction offence, counted from the end of the full sentence including fines and probation (Criminal Records Act, s. 4(1)), with older periods for first offences before March 13, 2012 (Parole Board of Canada, eligibility);
• the application fee is $50, and the Board aims to decide summary matters within six months and indictable matters within 12 months of accepting a complete application (Parole Board of Canada).

A foreign expungement, set-aside or pardon is different. IRCC says to contact the visa office serving your country to confirm whether it is recognized (IRCC). Do not assume a US expungement solves the problem.

Common mistakes and what to bring to your lawyer

The mistakes we see most often are avoidable:

• relying on the "10-year rule" for a DUI committed after December 18, 2018;
• counting from the conviction date instead of the end of probation, fines or a driving prohibition;
• booking non-refundable travel before a TRP or rehabilitation decision;
• answering "no" to the criminal history question on an eTA or visa form;
• pleading to a reduced charge without checking its Canadian equivalent.

Bring these to your first meeting:

1. certified court records for every arrest, charge and conviction, including dismissed or reduced charges;
2. proof of completion: fine receipts, probation discharge, licence reinstatement, programme certificates;
3. the date of the offence (not just the conviction date);
4. a recent criminal record check and police certificates from each country you have lived in;
5. your travel plans, with the reason and the dates that cannot move;
6. any earlier refusal, TRP or correspondence from IRCC or the CBSA.

If you have a DUI or other criminal record and need to travel to, work in or stay in Canada, contact us before you book or before you plead. We will check the Canadian equivalent of your offence and the dates that matter, tell you whether you may already be deemed rehabilitated, and prepare a rehabilitation application, a TRP request, or both, with the documents officers expect. Learn more on our page about criminal rehabilitation and record suspension, or book a free first video meeting.

Common questions

Sources

1. Immigration and Refugee Protection Act, s. 36
2. Immigration and Refugee Protection Act, s. 24
3. Immigration and Refugee Protection Act, ss. 16, 18, 40 and 64
4. Immigration and Refugee Protection Regulations, s. 17
5. Immigration and Refugee Protection Regulations, s. 18
6. Immigration and Refugee Protection Regulations, s. 63
7. Immigration and Refugee Protection Regulations, s. 65
8. Criminal Code, s. 320.14
9. Criminal Code, s. 320.19
10. Criminal Records Act, s. 4
11. Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC 50
12. IRCC, Convicted of driving while impaired
13. IRCC, Overcome criminal convictions
14. IRCC, Deemed rehabilitation
15. IRCC, Guide 5312: Rehabilitation for persons inadmissible for past criminal activity
16. IRCC, Fee list
17. IRCC, How to apply for a temporary resident permit
18. IRCC Help Centre, Temporary resident permit fee waiver
19. Parole Board of Canada, Record suspension application guide and forms
20. Parole Board of Canada, Determining your eligibility for a record suspension

General information, not legal advice. Every situation is different, and the law can change. Reading this article doesn't create a lawyer-client relationship.