August 17, 2017

How Canadian Law Can Affect Your Operation

Claudia Culmone

Do you know that a conviction of a crime in the United States, or any country, can impact an individual’s entry into Canada? If your operation plans to send a pilot, flight attendant or any employee into Canada, you should ensure they are not criminally inadmissible before doing so. In a previous blog post, we discussed how running a driver’s license check is a good way to spot any potential complications with an aviation worker, and this is just another potential hurdle to be aware of.

According to Canadian law, those who have been convicted of a DUI may not be allowed into the country. Other offenses include, but are not limited to: theft, assault, manslaughter, dangerous driving, and possession of drugs. Although a driver’s license check will not catch all criminal offenses, it may still be worth the extra effort, if your operation plans to schedule routes to and from Canada. Even those facing a charge of drunk driving without a conviction can be labeled as criminally inadmissible. If you know an individual who is deemed criminally inadmissible and would like to enter Canada, there are steps they can take steps to ensure they are still allowed entry.

Overcoming a criminally-inadmissible status

The final decision as to who can and cannot enter Canada is at the discretion of a Canadian immigration officer. If an individual is found criminally inadmissible, that person will need to show proof they have one of the following conditions in order to enter the country: 

  • Record suspension: A discharged or suspended DUI conviction may be valid in Canada although individuals should verify with the Canadian visa office that serves their region.
  • Qualify as deemed rehabilitated: Under Canadian law, this is usually granted, if the individual has completed the terms of their sentence and enough time has passed (at least 10 years) since the conviction.
  • Applied for rehabilitation: If the individual cannot qualify as deemed rehabilitated, they can submit what is called an application for rehabilitation to the Canadian authorities. To meet the terms for this, at least five years must have passed from the day the act was made inadmissible and since the completion of the sentence penalties (including probation).

Additionally, an individual with a criminal conviction who has been denied entry may be able to obtain a one-time visit through a temporary resident permit. However, there is no guarantee that a permit will be issued and Canada retains the right to revoke that permit at any time. It also takes time to apply for, and be granted, this permit. 

In the event that an individual cannot apply for any of these conditions, they will not be allowed into Canada. Therefore, it is important to take Canadian immigration laws into consideration when hiring, scheduling routes and considering future business deals.

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