Enforcement Manual 14 – Rehabilitation
Citizenship and Immigration Canada’s Enforcement Manual 14 – Criminal Rehabilitation (the “CIC Rehab Manual“) does not appear on its website. The CIC Rehab Manual provides direction and guidance to visa and border officers concerning the deemed rehabilitation and rehabilitation provisions for persons who are criminally inadmissible to Canada.
Please note that what I have reproduced below should not be viewed as legal advice by IRCC. The reproduction of the material below has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada. As well, given the nature of internal documents, some of the information may be out of date.
The IRCCRehab Manual is divided into parts as outlined below.
Chapter 1 – What this Chapter is About
Chapter 2 – Program Objectives
Chapter 3 – The Act and Regulations
Chapter 4 – Instruments and Delegation
Chapter 5 – CIC Policy – Criminal Inadmissibility
- Deemed rehabilitation – essential elements
- Individual rehabilitation – essential elements
Chapter 6 – Definitions
Chapter 7 – Procedure: Deemed Rehabilitation
- When are deemed rehabilitation provisions applicable?
- When are deemed rehabilitation provisions not applicable?
- Applying deemed rehabilitation
- At a port of entry
- Applications at a visa office
Chapter 8 – Individual rehabilitation at CIC, POE, or visa office
Chapter 9 – Application for Criminal Rehabilitation Kit
Chapter 10 – Procedural Fairness
Chapter 11 – Interview Considerations
Chapter 12 – Documentation
- Mandatory documentation
- Optional documentation
Chapter 13 – Determination of Criminal Equivalency
- Canadian statute considerations
- Foreign statute considerations.
Chapter 14 – Procedure: Conversion of Foreign Monetary Values for Criminal Equivalence
Chapter 15 – Procedure: Commission of act or omission
Chapter 16 – Calculation of the start date of the five-year or 10-year period
Chapter 17 – Criminal profile description and rehabilitation factors
Chapter 18 – Procedure: Requests for Additional Documentation from Applicant
Chapter 19 – Processing Fee
Chapter 20 – Submission of Rehabilitation Application
Chapter 21 – Officer’s Recommendation at POE, CIC & visa office
Chapter 22 – Implementing the Decision
- Rendering and recording the decision
- Advising the Client of a Positive Decision
- Advising the Client of a Negative Decision
Chapter 23 – Entering Rehabilitation Requests into FOSS/GCMS
Chapter 24: Procedure: Should applicant be considered under the Young Offenders Act
Chapter 25: Procedure: Pardons for convictions in Canada
Chapter 26: Procedure: Pardon and criminal rehabilitation both requested
Chapter 27: Pardons outside Canada
Chapter 28 – Roles and Responsibilities in individual rehabilitation Process
Appendixes: Sample Letters