Information for Non-Residents with Minor Criminal Offences

from the Northwestern Ontario Tourist Association site
www.nwota.com

AS OF NOW (prior to June 28, 2002)

Persons who are inadmissible to Canada because of past criminal convictions may apply for a Letter of Rehabilitation to either office of Citizenship and Immigration Canada in Thunder Bay (807) 624-2158 or Fort Frances (807) 274-5239. Either office will forward a kit that has been slightly modified from the one available on their website. The processing time is expected to be approximately 6 weeks (instead of an average of 18 months if applying to the Consulate). Be sure to read the information in the kit thoroughly to be sure of eligibility to apply. The three most important points are:

1. The criminal activity occurred outside Canada.
2. The person has been convicted of an offence that had it occurred in Canada would constitute an offense that may be punishable by way of indictment under any Act of Parliament and a maximum term of imprisonment of less than ten years can be imposed. Examples of offences that fall within this area are DWI/DUI and theft under $5000.
3. The statutory five-year waiting period has passed (since completion of sentence).

AFTER JUNE 28, 2002

On June 28, 2002, the Immigration and Refugee Protection Act will be proclaimed into law. This new act provides for a prescribed class of person. In the case where 10 years have lapsed since the completion of the imposed sentence, that person will be deemed rehabilitated. The Rehabilitation Application will therefore only apply in situations where a person has the statutory five-year waiting period and the offense is within the last ten years.

CONVICTIONS THAT ARE LESS THAT 5 YEARS OLD.

Persons who have a conviction which are more recent than 5 years are inadmissible to Canada. They require special consideration and would proceed by either applying for a Minister’s Permit at a Canadian Consulate or by presenting themselves for examination at a port of entry requesting either a discretionary entry or a Minister’s Permit. Discretionary entry is handled only at the port of entry and cannot be processed in advance. It is recommended that if the person would like to request a discretionary entry they call the Fort Frances office, prior to travel, and they will be given an indication of the likelihood of their admittance to Canada. Both options would require a recommendation by the examining officer and concurrence by a senior officer before approval can be granted and have an administrative fee of $200 CDN.

In all cases guests should be reminded to handle themselves courteously and professionally. The hours of operation for the Immigration office at the border crossings are as follows;
Fort Frances – 7 days a week – 8 a.m. until midnight.
Rainy River – Tues. through Sat. – 8 a.m. until 4 p.m.

If you have any questions or if you require further information contact the Canada Immigration Centre:

Thunder Bay 807-624-2158
Fort Frances 807-274-5239