Fact Sheet

May 2012

Facilitating your entry into Canada: Admissibility information

Are you planning to hunt or fish in Canada this year? Before finalizing your trip to Canada, there are some important things you need to know about crossing the border.

Have Proper Identification

Make sure that you are carrying proper identification for yourself and any of your children travelling with you. Please note that U.S. citizens and permanent residents do not need specific travel documents to enter Canada but must satisfy a border services officer that they hold the status of a U.S. citizen or permanent resident. It is recommended that, to establish that you are a citizen or permanent resident of the U.S., you carry a passport, enhanced driver's licence, or a permanent resident card to facilitate your entry into Canada. As well, U.S. citizens and permanent residents are required to present a passport or other document that denotes identity and citizenship when entering the U.S. Consult the U.S. Government Web site http://www.getyouhome.gov/ for a list of documents required for entry to the U.S.

Foreign nationals from other countries are required to present a passport and a valid visa, if one is required. For more information on Canadian entry requirements, please visit Citizenship and Immigration Canada's Web site (Visiting Canada: Who is Eligible) at www.cic.gc.ca/english/visit/apply-who.asp and the Canada Border Services Agency's Web site (Visitors to Canada guide) at www.cbsa-asfc.gc.ca.

Admissibility to Canada

Everyone seeking to enter Canada must report to the Canada Border Services Agency (CBSA) and satisfy officers that they meet all requirements to enter and/or stay in Canada.

While most U.S. citizens, as well as foreign nationals from other countries, will be able to enter or visit Canada, a small percentage may be found inadmissible. Several things can make you inadmissible to Canada, including involvement in criminal activity (serious or minor), in human rights violations or in organized crime. You can also be inadmissible for security, health or financial reasons.

For example, a criminal conviction – including a conviction of driving under the influence (DUI) of drugs or alcohol – could make a person inadmissible to Canada. For that reason, be prepared to deal with your criminal history before planning your trip to Canada.

What you can do if you are criminally inadmissible to enter Canada

Depending on the crime you committed, how long ago it was, and your behaviour since, you may be admissible to Canada. Your options depend on the number, seriousness and date of the offence(s). The following remedies may be available to you:

• you may be deemed rehabilitated at a Canadian port of entry or
• you can apply for rehabilitation or
• you may receive a pardon for your offence in your home country, which then must be assessed to be valid in Canada (check with the Canadian embassy/consulate responsible for your area) or
• you can apply for a temporary resident permit to enter Canada if it has been less than five years since the end of your sentence and where there are compelling, compassionate and humanitarian reasons to enter Canada.

Deemed rehabilitated – Assessed at the Canadian border for people living in the U.S.

Whether you will be deemed rehabilitated at a Canadian port of entry depends on:

• the crime
• whether the required amount of time has passed since you completed the sentence imposed for your crime:
  • 10 years for an indictable (serious) offence
  • Five years for two or more summary (less serious) offences
• whether you have committed one or more crimes.

In all cases, you may be deemed rehabilitated only if the crime would be punishable in Canada by a maximum prison term of less than 10 years (for crimes punishable by 10 years or more, see rehabilitation).

If you think that you may qualify for deemed rehabilitation, you can visit a Canadian port of entry and ask to be assessed. You must bring all documents related to your criminal history in support of your claim. A CBSA officer at the port of entry will review your documents to determine if you can be deemed rehabilitated and allowed to enter Canada. If you are not sure you will be deemed rehabilitated at the port of entry, you may wish to apply for Rehabilitation (see next section).

If you live outside the U.S., it is in your best interest to be assessed by the Canadian embassy, high commission or consulate responsible for your area. This will help ensure you do not travel to Canada only to be refused entry at the border.

Rehabilitation – Application must be submitted to and approved by a Canadian embassy or consulate far in advance of your trip

Rehabilitation means that you lead a stable life and that you are unlikely to be involved in any further criminal activity. To be eligible to apply, you have to prove that at least five years have passed since you completed your criminal sentence (including any period of parole/probation) and that further criminal activity is unlikely. You must submit an application to a Canadian embassy, high commission or consulate responsible for your area and pay a processing fee. Note: Applications for rehabilitation can take over a year to process so make sure you plan far enough in advance.

For more information on rehabilitation, including the application and a step-by-step guide, visit the Citizenship and Immigration Canada Web site at: http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp.

This information is for guidance and reference only. A decision on your admissibility can only be made when you apply to come to Canada or at a port of entry.