Canada enforces some of the world’s strictest impaired driving laws—and for immigrants, a single impaired driving conviction could carry serious legal consequences. Maple News reports that individuals applying for or holding immigration status in Canada should exercise utmost caution, as even a first-time impaired driving offence with a blood alcohol concentration (BAC) of 0.08% can render an individual criminally inadmissible under the Immigration and Refugee Protection Act (IRPA).
Since legislative amendments in 2018, impaired driving is classified as ‘serious criminality’ under Canadian law. This designation means a maximum potential penalty of 10 years’ imprisonment and automatic ineligibility for permanent residence (PR), temporary residence, or refugee status for affected individuals. Permanent residents convicted of such an offence risk losing their status and being deported, with no right of appeal.
For PR applicants, a conviction—whether in Canada or abroad—leads to application denial due to criminal inadmissibility. Reliance on ‘deemed rehabilitation,’ previously available in cases of older, lesser offences, is no longer possible. Applicants must instead wait at least five years post-sentence to apply for discretionary criminal rehabilitation, which does not guarantee approval.
Temporary residents, including international students, foreign workers, and tourists, face similar restrictions. A past impaired driving conviction triggers inadmissibility, with potential denial of entry or removal from Canada. In these situations, Temporary Resident Permits (TRPs) can offer a temporary solution, allowing an individual to enter or stay in Canada if the government deems their presence justified. However, the permit is discretionary, costs C$200, and provides no certainty of acceptance.
Family sponsorships are also impacted. Sponsored relatives with a history of impaired driving may be denied permanent residence without appeal rights. This underscores the importance of disclosing all convictions before initiating or supporting an immigration application.
Refugee claimants are not exempt either. Those convicted of impaired driving may be deemed ineligible for a hearing, limiting their ability to seek protection in Canada despite potential risks in their home country.
Foreign convictions for impaired driving are treated identically to Canadian offences. They carry the same consequences, including inadmissibility, deportation risk, and a lengthy process for rehabilitation. This global applicability means that offences committed abroad prior to or during the immigration process can derail an otherwise strong application.
Canada’s strict impaired driving regime operates on both federal and provincial levels. While a BAC of 0.08% triggers criminal charges federally, most provinces impose administrative measures starting as low as 0.05%. These include license suspensions and roadside penalties that, while not criminal, should still be treated seriously to avoid long-term immigration implications.
Given the breadth of penalties and limited options for recourse, applicants are strongly urged to seek legal advice at the earliest stages of an investigation or charge. In some cases, legal counsel may help resolve charges under provincial administrative frameworks, avoiding a criminal record and associated immigration hurdles.
Maple News emphasizes that Canada’s zero-tolerance stance on impaired driving leaves no margin for error. Immigrants, visitors, and visa holders must be aware that impaired driving isn’t merely a traffic violation—it’s a criminal matter with life-altering immigration consequences.