Immigration Offences in Canada

Updated October 8, 2026

An immigration refusal, an inadmissibility finding and a criminal prosecution are different processes. An allegation under the Immigration and Refugee Protection Act must be assessed under the particular provision and procedure involved. Do not assume that every status problem is a crime, or that a criminal case is the only consequence of an alleged false statement.

Misrepresentation: two different processes

Section 40 of the Immigration and Refugee Protection Act concerns inadmissibility for specified misrepresentation. Section 127 creates criminal offences involving knowing conduct, including specified material misrepresentations. The two provisions have different wording and consequences. A finding or outcome in one process should not be treated as automatically determining the other.

Other immigration-related offences

Section 124 addresses specified contraventions, escape from lawful custody or detention, and employment of a foreign national who is not authorized for that work. Section 129 concerns specified misconduct relating to officers, including obstruction, impersonation and bribery. The exact conduct and applicable elements matter; an outdated general list of immigration offences is not a substitute for the legislation.

What documents should counsel review?

Preserve the application as submitted, attachments, translations, correspondence, interview records, notices, permits and records concerning a representative's work. Identify what information was provided, by whom and when. Do not amend or delete earlier records to disguise a discrepancy. Any correction or response should be accurate and made through the appropriate procedure with advice about its implications.

Protect both criminal and immigration interests

Read notices promptly and record deadlines. Obtain advice before an interview, response or plea where criminal and immigration consequences may overlap. Do not assume that a general right-to-silence article answers every question about duties at an immigration examination. A response strategy must account for the specific legal obligation, procedural rights and possible use of the information.

Sources and scope

Sources: Immigration and Refugee Protection Act section 40; Immigration and Refugee Protection Act section 124; Immigration and Refugee Protection Act section 127; Immigration and Refugee Protection Act section 129. This is an updated replacement for a legacy overview. It is general information, not legal advice. The exact charge, applicable statutory version and evidence require individual review.