A36 Criminal Inadmissibility: What It Means

Inadmissibility based on criminal history — either 'serious criminality' or 'criminality' — assessed by Canadian-equivalent offences.

What A36 means

A36 refers to section 36 of the Act. Subsection 36(1) covers serious criminality; subsection 36(2) covers criminality. Foreign convictions are assessed by their equivalent offence under Canadian law.

Because criminal inadmissibility has established relief pathways, understanding which subsection applies is important.

Why officers cite A36

• A conviction inside or outside Canada with a Canadian equivalent
• Serious criminality: an offence with a maximum term of at least ten years, or a sentence of more than six months imposed
• Criminality: certain other offences and combinations

What it does not mean

• It is not always permanent — several relief pathways exist
• It does not automatically apply to every past charge, especially where there was no conviction

General options after a A36 refusal

Criminal rehabilitation. After enough time has passed, criminal rehabilitation can permanently resolve inadmissibility in eligible cases.

Deemed rehabilitation. In some cases enough time has passed that a person is deemed rehabilitated, depending on the offence and timing.

Temporary Resident Permit (TRP). A TRP may allow entry for a specific purpose despite inadmissibility, at an officer's discretion.

Common questions

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