• Insights

Changes to Sentencing for Impaired Driving will Increase Inadmissibility to Canada

July 5, 2018

insight-news-default

Country / Territory

  • CanadaCanada

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

The situation

Bill C-46, which will increase the maximum term of imprisonment for driving while impaired, received Royal Assent and will take effect on December 18, 2018.

A closer look

  • Bill details. Effective December 18, 2018, the bill will increase the maximum term of imprisonment for driving while impaired from not more than five years to not more than ten years.
  • Effect of lengthier sentencing. Due to the change in the maximum sentencing provision, impaired driving will now be categorized as “serious criminality”, which affects the scope of inadmissibility under Canadian immigration law.
  • Background. Currently, a foreign national with a single impaired driving conviction in Canada or abroad is inadmissible to Canada for ‘regular’ criminality. Regular and serious criminality can be overcome in the short term by applying for a Temporary Resident Permit (TRP) or in the long term by applying for criminal rehabilitation. In the case of the TRP, if the crime is categorized as ‘regular criminality’, the foreign national is more likely to have it granted. Additionally, under the current law, foreign nationals with a single impaired driving conviction will be deemed rehabilitated after 10 years have passed since the completion of the sentencing component of the offense and will no longer need a TRP.

 

Effect of ‘serious criminality’ determination:

  • Temporary residents. By categorizing impaired driving as ‘serious criminality’, a foreign national who has been convicted of driving while impaired, or a similar offense, will no longer be automatically deemed rehabilitated 10 years after the completion of the sentence. The foreign national will only have the option of applying for criminal rehabilitation or a TRP.
  • Permanent residents. A finding of serious criminality makes a permanent resident inadmissible and may result in loss of PR status. If the person is sentenced to a term of imprisonment of six months or more, the right to appeal the loss of status is gone and a permanent resident can be removed from Canada.
  • Inadmissibility classification. Foreign nationals with pending applications for permanent residence, who have been convicted of driving while impaired, or similar offenses, under the new classification, may now be inadmissible to Canada.  The inadmissibility of the main applicant may also affect the admissibility of the accompanying dependents. The inadmissibility may be cured by filing with an approved application for criminal rehabilitation.
  • Possible retroactive application. It is possible that current temporary or permanent residents who have committed such a crime and who have previously been deemed rehabilitated because of the passage of time, may become inadmissible to Canada.  Fragomen will provide updates as information is confirmed on this topic.

 

Looking ahead

The Canadian government has yet to release program directives regarding the application of Bill C-46 and impact on foreign nationals and permanent residents in Canada who were previously deemed rehabilitated. It is also unclear at this time whether the current policy of immigration officers allowing U.S. nationals with one driving under the influence offense to be admitted to Canada with a TRP (but with a waived fee) will continue.

Foreign nationals who have a conviction for impaired driving, or related matter, who wish to enter Canada should consider applying for permanent criminal rehabilitation and consult their legal advisors.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • CanadaCanada

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more

Fragomen news

Fragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility

Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.

Learn more

Blog post

From Barnsley to the North: AI Growth and the UK's Immigration Challenge

In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.

Learn more

Media mentions

Hong Kong Business Magazine: Employers Seek Broader Immigration Reforms

In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more

Fragomen news

Fragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility

Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.

Learn more

Blog post

From Barnsley to the North: AI Growth and the UK's Immigration Challenge

In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.

Learn more

Media mentions

Hong Kong Business Magazine: Employers Seek Broader Immigration Reforms

In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 26, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
June 26, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
June 26, 2026 | IrelandIrish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles
June 26, 2026 | KuwaitKuwait: Relaxed Employer Transfer Rules in Limited Circumstances
June 26, 2026 | 🌐Minimum Salary Changes Announced
June 26, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
June 26, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
June 26, 2026 | IrelandIrish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles
June 26, 2026 | KuwaitKuwait: Relaxed Employer Transfer Rules in Limited Circumstances
June 26, 2026 | 🌐Minimum Salary Changes Announced
June 26, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.