On This Page You Will Find
- How Canada defines impaired driving and BAC thresholds
- Immigration consequences for permanent residence applicants
- Visa risks for temporary residents and refugee claimants
- Options for overcoming inadmissibility, including TRPs and rehabilitation
- Provincial and territorial administrative BAC limits
- How foreign convictions and sponsorships are affected
- Summary of legal pathways and risks for PR and temporary visa holders
Canada’s impaired driving laws are among the strictest in the world for the threshold of blood alcohol concentration (BAC) which can trigger criminal inadmissibility under our justice and immigration laws. The legal blood alcohol concentration (BAC) threshold for impaired driving is 0.08% and has significant and potentially harsh consequences for both permanent residence holders and temporary immigration applicants. A single conviction for impaired driving under the Criminal Code is treated as “serious criminality” rendering an applicant inadmissible to Canada under Canadian immigration law.
A) Permanent Residence Applications
1. Serious Criminality and Inadmissibility
Under the Immigration and Refugee Protection Act (IRPA), anyone convicted of an offence deemed “serious criminality”, is inadmissible to Canada. Since December 2018, impaired driving has been classified as “serious criminality,” with a maximum penalty of up to 10 years’ imprisonment—even for a first offence. Drivers with a BAC threshold 0.08%, risk being charged and convicted of impaired driving, which can result in:
- Denial of permanent resident (PR) applications due to inadmissibility for serious criminality.
- Loss of PR status and deportation for those convicted after landing, even for a first-time offence.
2. Application Processing and Refusals
Applicants for permanent residence and their accompanying dependent children over age 18, must provide police certificates and disclose any criminal convictions. A conviction for impaired driving at or above the BAC 0.08% threshold will likely result in:
- Refusal of PR applications due to criminal inadmissibility.
- Ineligibility for “deemed rehabilitation,” which previously allowed some with older, less serious convictions to be admitted after a set period. With impaired driving classified as serious criminality, “deemed rehabilitation” is not available for these offences.
- The need to wait at least five years after completing all sentences before applying for individual criminal rehabilitation, which is not guaranteed to succeed.
3. Sponsored Family Members
Sponsored relatives with an impaired driving conviction may also be refused permanent residence, and there is no right of appeal on the grounds of inadmissibility for an impaired offence.
B) Temporary Residence Applications
1. Temporary Residents and Inadmissibility
Temporary residents—including visitors, international students, and temporary foreign workers—are also subject to inadmissibility for serious criminality. This means:
- A prior conviction for impaired driving at or above 0.08% BAC renders applicants inadmissible, barring them from entering or remaining in Canada.
- Those already in Canada may face removal proceedings and loss of temporary status for an impaired driving conviction.
2. Overcoming Inadmissibility
Temporary residents or applicants with an impaired driving conviction have limited options:
- Temporary Resident Permit (TRP): They may apply for a TRP, which allows entry or continued stay for a limited period if their circumstances justify it. The permit is discretionary and costs C$200, with no guarantee of approval.
- Criminal Rehabilitation: After at least five years have passed since the completion of all sentences, an individual may apply for criminal rehabilitation to overcome inadmissibility. Approval is not automatic and depends on the applicant’s circumstances and evidence of rehabilitation.
3. Impact on Refugee Claimants
Refugee claimants convicted of impaired driving may be found inadmissible and ineligible for a hearing, further limiting their options for protection in Canada.
How a Driving Conviction in Canada Will Affect a Permanent Residence Visa Holder
A permanent resident convicted of impaired driving at or above 0.08% BAC, will face severe consequences:
- Loss of Status and Deportation: Even a first-time conviction can result in the loss of permanent resident status and removal from Canada, regardless of the length of the sentence.
- No Right of Appeal: There is no right of appeal for permanent residents found inadmissible for serious criminality due to impaired driving.
- Foreign Convictions: Convictions for impaired driving outside Canada are also grounds for inadmissibility and loss of PR status.
- Sponsored Relatives: Sponsored family members with such convictions will not be granted PR and have no right of appeal.
Rehabilitation and Future Applications
- Permanent residents who lose their status due to impaired driving must wait at least five years after completing their sentence before applying for criminal rehabilitation.
- Only after successful rehabilitation can they regain eligibility to apply for status or re-enter Canada.
Summary Table: Immigration Consequences of Impaired Driving
| Category | BAC ≥ 0.08% | Consequence |
| Permanent Residence Applicants | Conviction = Serious Criminality | Application refusal, inadmissibility |
| Permanent Residents | Conviction = Serious Criminality | Loss of status, deportation, no appeal |
| Temporary Residents | Conviction = Serious Criminality | Inadmissibility, removal, TRP required |
| Sponsored Family Members | Conviction = Serious Criminality | Refusal, no right of appeal |
| Foreign Convictions | Applies | Inadmissibility, loss of PR status |
| Rehabilitation | 5+ years after sentence completion | May apply for rehabilitation |
Exceeding Blood Alcohol Limits (BAC) – a dual system of federal criminal law and provincial/territorial administrative measures
Beyond the federal criminal considerations of exceeding blood alcohol limits, drivers who have lower BAC while driving, can also face non criminal sanctions under provincial or territorial legislation.
Each of the provinces and territories have implemented non-criminal administrative sanctions that can be imposed on drivers who exceed BAC limits, often set at .05%, thus creating a multi-layered approach to impaired driving in Canada.
Provincial & Territorial BAC Limits
Here’s a table of Provincial & Territorial BAC Limits in Canada:
| Province/Territory | Administrative BAC Limit | Notes |
| Ontario | 0.05% | Warning Range; 3-day suspension for first offense |
| Alberta | 0.05% | Immediate License Suspension; 3-day suspension for first offense |
| British Columbia | 0.05% | Immediate Roadside Prohibition; 3-day suspension for first offense |
| Quebec | 0.08% | Penalties start at this level; 24-hour suspension |
| Saskatchewan | 0.04% | Immediate 3-day license suspension |
| Manitoba | 0.05% | 24-hour roadside suspension |
| Nova Scotia | 0.05% | 7-day license suspension |
| New Brunswick | 0.05% | 7-day license suspension |
| Newfoundland & Labrador | 0.05% | 7-day license suspension |
| Prince Edward Island | 0.05% | 7-day license suspension |
| Northwest Territories | 0.05% | 24-hour license suspension |
| Yukon | 0.08% | 24-hour license suspension |
| Nunavut | 0.05% | 24-hour license suspension |
Conclusion
Canada’s alcohol impaired driving laws, with a BAC threshold of 0.08%, can result in the risk of criminal inadmissibility for both permanent and temporary immigration applicants. Even a single impaired driving conviction—whether in Canada or abroad—can result in refusal of applications, loss of status, deportation, and a lengthy, uncertain process for rehabilitation. All applicants and status holders must be acutely aware of these consequences, as Canada’s zero-tolerance approach in this area leaves little room for error or leniency. Individuals facing charges for driving under the influence of alcohol, are encouraged to consult with experienced legal counsel at the earliest stages. In some instances, effective legal counsel can negotiate a guilty plea for a first time offender under applicable provincial administrative monetary rules, while avoiding the severe consequences of a criminal conviction.
Frequently Asked Questions
Can a single impaired driving conviction really make me inadmissible to Canada?
Yes. A single impaired driving conviction with a BAC of 0.08% or higher is classified as “serious criminality” under Canadian immigration law, making you inadmissible to Canada.
What happens if a permanent resident is convicted of impaired driving in Canada?
They may lose their permanent residence status and be deported. There is no right of appeal for PR holders found inadmissible due to serious criminality from impaired driving.
Can a temporary resident with an impaired driving record enter Canada?
Not without special permission. They may apply for a Temporary Resident Permit (TRP) or for criminal rehabilitation if five years have passed since completing all penalties.
Do impaired driving convictions outside Canada affect immigration status?
Yes. Foreign convictions for impaired driving are treated the same as Canadian ones. They can lead to inadmissibility, application refusals, or loss of PR status.
How can someone overcome inadmissibility from impaired driving?
They may apply for criminal rehabilitation five years after completing their sentence. Until then, they may request a TRP to enter or remain in Canada, but approval is not guaranteed.
