Applying for a federal Record Suspension (pardon) is a critical legal step to cancel a Section 36 inadmissibility report and halt deportation. The official Parole Board of Canada application fee is exactly $50 CAD. However, gathering mandatory fingerprints, court documents, and retaining an immigration lawyer can bring the total cost to between $1,500 and $4,000 CAD.
💰 For Permanent Residents (PRs) living in Canada, a criminal conviction is not just a matter for the local policeāit is a direct threat to your immigration status. Under Section 36 of the Immigration and Refugee Protection Act (IRPA), being convicted of a serious crime renders you criminally inadmissible. This triggers the Canada Border Services Agency (CBSA) to issue an inadmissibility report, stripping you of your PR status and beginning the deportation process.
The most effective way to permanently erase this inadmissibility is to obtain a Record Suspension (formerly known as a pardon) under the Criminal Records Act. Once a Canadian pardon is granted, the conviction legally disappears for immigration purposes, essentially neutralizing the CBSA’s ability to deport you for that specific crime. If you are facing criminal inadmissibility, we highly recommend searching our directory for a lawyer who specializes in both criminal pardons and deportation defence.
Step-by-Step Process: Using a Pardon to Stop Deportation
📋 Applying for a pardon while simultaneously fighting CBSA requires perfect timing. Whether the crime occurred in Nova Scotia, Manitoba, or British Columbia, the pardon process is entirely federal.
Step 1: Completing the Sentence and Wait Times
You cannot apply for a Record Suspension while still serving a sentence. You must complete all jail time, finish probation, and pay every single court fine or victim surcharge. Once the sentence is fully completed, a strict federal waiting period begins: 5 years for a summary conviction offence, or 10 years for an indictable offence.
Step 2: Gathering Fingerprints and Police Checks
📸 The application requires certified criminal record checks. You must visit an RCMP-accredited fingerprinting agency to obtain a digital fingerprint scan. You must also obtain Local Police Records Checks from every single city or municipality you have lived in for the past five years to prove you have had no further interactions with law enforcement.
Step 3: Obtaining Official Court Dispositions
You must contact the exact courthouse where you were convicted and pay for official court dispositions. These documents prove to the Parole Board of Canada (PBC) exactly what you were convicted of, how you were sentenced, and that all fines were paid. If a fine receipt is missing, your application will be instantly rejected.
Step 4: Submitting to the PBC and Notifying CBSA
📄 Once the massive application is assembled, it is submitted to the PBC. Crucially, your immigration lawyer must immediately notify the CBSA enforcement officer and the Immigration Appeal Division (IAD) that a pardon application is in progress. You must beg the tribunal to stay (pause) your deportation proceedings until the Parole Board makes its final decision.
How Much Does the Pardon Process Cost in Canada?
While the government has significantly reduced their primary fee, the administrative and legal costs to build a flawless application remain substantial.
- Parole Board Application Fee: The federal processing fee was recently slashed and is currently locked at exactly $50 CAD.
- RCMP Fingerprints: Accredited agencies typically charge between $50 and $100 CAD for digital fingerprinting and the RCMP database search.
- Local Police and Court Fees: Retrieving local police checks and certified court documents usually costs between $20 and $75 CAD per jurisdiction.
- Legal Fees: Hiring a dual-specialist lawyer to handle the pardon and aggressively fight the CBSA deportation stay concurrently usually ranges from $1,500 to $4,000 CAD.
Comparing Section 36(1) vs Section 36(2) Inadmissibility
🔍 The severity of your crime dictates how difficult it will be to survive the waiting period before you can apply for the pardon.
| Inadmissibility Type | Definition under IRPA | Impact on Deportation Defence |
|---|---|---|
| Section 36(1) Serious Criminality | Offences carrying a maximum term of 10+ years, or actually sentenced to 6+ months in jail. | Very high risk. You lose your right to appeal to the IAD if sentenced to more than 6 months. |
| Section 36(2) General Criminality | Indictable offences carrying less than a 10-year maximum, or two hybrid offences. | Lower immediate risk. You retain full appeal rights to the IAD while waiting for the pardon. |
How Long Does the Process Take?
⏳ Time is your biggest enemy when facing deportation. In addition to the mandatory 5 or 10-year waiting period, it takes about 3 to 6 months to collect all the necessary documents from courthouses and police stations. Once submitted, the Parole Board of Canada has a mandated service standard of 6 months to process summary convictions and 12 months for indictable offences.
Frequently Asked Questions (FAQ)
Will the Parole Board speed up my pardon to stop my deportation?
No. The Parole Board of Canada processes applications in the order they are received and adheres to strict service standards. They will not expedite your application simply because the CBSA is threatening to deport you. Your lawyer must ask immigration authorities to wait.
What happens if I am deported before my pardon is granted?
If you are removed from Canada, you lose your PR status. However, your pardon application remains active. If the pardon is eventually granted while you are overseas, the criminal inadmissibility is erased, making it much easier for you to apply for an Authorization to Return to Canada (ARC) and seek a new visa.
Does a pardon erase foreign criminal convictions?
No. A Canadian Record Suspension only seals crimes committed inside Canada. If you are facing deportation because of a crime committed in the United States or another country, you must apply for Criminal Rehabilitation through IRCC, which is a completely different, and more expensive, legal process.
Can the immigration minister ignore my pardon?
Generally, no. Under Canadian federal law, once a Record Suspension is officially granted under the Criminal Records Act, the conviction cannot be used by IRCC or CBSA to determine inadmissibility, unless the pardon is later revoked for bad behaviour.
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