x
Contact us

Contact Information

1 (403) 452-9515

1 (800) 932-1190

Learn how we can help you

More Options...

Can Your Employee Travel to Canada With a Record?

Blog posted on by Evelyn Ackah in Business Travel to Canada, Cross Border Business, Inadmissibility Issues and Waivers, Criminal Inadmissibility and Temporary Resident Permit

Can Your Employee Travel to Canada With a Record?

Can Your Employee Travel to Canada With a Record?

  • An employee with a criminal record can be denied entry to Canada, even if the charge was years ago, dismissed or previously caused no travel issues.
  • Canada reassesses admissibility every time someone crosses the border and past successful travel doesn’t guarantee future entry.
  • Employers can reduce the risk of last-minute disruptions by identifying potential issues early and planning legal solutions before booking travel.

 

Why Past Criminal Records Can Become a Business Risk?

A past criminal charge is not just a personal issue. It can become a business disruption overnight.

If an employee is denied entry to Canada, meetings are missed, conferences are disrupted, projects stall and costs increase. Flights, hotels, client expectations and timelines are all affected in real time.

Because Canada reassesses admissibility at every entry, even an old or dismissed charge can trigger secondary screening or refusal. Many employers only discover the issue at the airport, when there is no time to fix it.

For companies with cross-border operations, criminal inadmissibility is a risk management issue. Planning ahead protects your people, your reputation and your business continuity. There are many reasons why employees can be denied entry to Canada for work.

 

What Types of Criminal Records Can Affect Entry to Canada

Under Canadian immigration law, many offences can trigger inadmissibility, even if they were considered minor in the United States. Canada assesses how the offence would be classified under Canadian law, not how it was labelled in your home jurisdiction.

Common criminal records that can affect entry to Canada include:

  • Driving under the influence or other impaired driving offences.
  • Assault, including domestic or simple assault.
  • Theft, shoplifting or fraud offences.
  • Drug possession, trafficking or distribution charges.
  • Weapons offences.
  • Property damage or mischief offences.
  • Multiple minor convictions that together raise admissibility concerns.
  • Charges that were dismissed, expunged or resolved through plea agreements.

Even a single conviction can be enough to trigger inadmissibility, depending on how it aligns with Canadian criminal classifications. For employees who travel for work, these issues should be reviewed well before any cross-border trip is planned.

 

Can an Employee Be Denied Entry to Canada Even If They Have Crossed Before?

Yes, past successful travel doesn’t guarantee future entry. Canada reassesses admissibility every time a person presents themselves at the border.

An employee may have crossed for years without issue and then suddenly be referred to secondary screening. If an old charge appears in the system or is reviewed differently under current Canadian law, the officer can deny entry on the spot.

Technology changes. Information sharing evolves. Legal interpretations shift. None of that requires a new offence. It simply requires a new review.

For employers, this is where the risk lies. Prior crossings don’t create protection as each trip to Canada is a new legal decision. If a past criminal record hasn’t been properly addressed, it can disrupt business travel at any time.

 

What Happens If an Employee Is Refused at the Border?

If an employee is refused entry to Canada, the impact is immediate.

They will not be allowed to enter the country and may be required to return on the next available flight or turn back at the land border. Conferences and meetings are missed, and project timelines shift in real time.

There can also be financial consequences. Flights, hotels, event registrations and last-minute rebooking costs add up quickly. In some cases, contracts or business opportunities may be affected.

The refusal stays in the record. Any future attempts to enter Canada are likely to involve closer scrutiny, additional questioning and delays. What began as a one-day disruption can become an ongoing travel issue.

For employers, this is more than an inconvenience. It can affect operations, reputation and client confidence.

A border refusal is rarely random. It is usually the result of an unresolved admissibility issue that could have been identified and addressed in advance.

 

How Employers Can Proactively Reduce Cross-Border Travel Risk

You should treat cross-border travel as a part of your company’s risk management strategy, not as a last-minute logistics task. A few simple structural steps can prevent costly disruptions.

Build Criminal Inadmissibility Into Travel Planning

If employees travel to Canada for conferences, client meetings, site visits or events, screening for potential admissibility issues should happen before flights are booked.

This doesn’t mean conducting background checks for every trip. It means creating a consistent internal process. 

For example, employees in travel-dependent roles can be asked confidentially whether they have any past charges or convictions that may affect border entry. If there is uncertainty, legal review should happen early.

Respect Privacy While Managing Risk

Criminal history is sensitive information. Employers shouldn’t request more details than necessary or create broad internal disclosures.

Instead, establish a confidential pathway. HR or a designated compliance lead can coordinate directly with immigration counsel without sharing unnecessary information across teams. The goal is to protect both the employee’s privacy and the company’s operational stability.

Start Immigration Planning Early

Temporary Resident Permits and criminal rehabilitation applications take time. U.S. entry waivers also involve long processing timelines.

If your organization operates across the Canada–U.S. border, immigration planning should begin months before major travel, not days before departure.

Advance planning allows your team to secure the proper authorization, protect key projects and move forward without uncertainty.

 

Legal Solutions If an Employee Has a Record

If an employee has a criminal record and needs to travel to Canada, there are established legal pathways. The key is choosing the right solution based on urgency, frequency of travel and long-term business needs.

Temporary Resident Permit

Temporary Resident Permit enables someone who is otherwise inadmissible to enter Canada for a specific purpose.

This option is often used for urgent business travel such as conferences, contract negotiations, site visits or critical meetings. The employer must demonstrate that the employee’s need to enter Canada outweighs potential risk.

Temporary Resident Permit doesn’t permanently resolve inadmissibility. It grants temporary authorization and may be issued for a single entry or multiple entries, depending on the circumstances. Advance preparation is strongly recommended, especially for high-value or time-sensitive travel.

Criminal Rehabilitation

Criminal rehabilitation is a permanent solution.

If enough time has passed since the employee completed their sentence, they may be able to apply to have their inadmissibility removed entirely. Once approved, the past offence no longer prevents entry to Canada.

For organizations with employees who travel frequently across the Canada–U.S. border, criminal rehabilitation offers long-term stability. It reduces repeated applications, uncertainty at the port of entry and operational risk.

Choosing between a Temporary Resident Permit and criminal rehabilitation is a strategic decision. With proper planning, businesses can protect mobility, safeguard projects and ensure key team members can continue working across borders without disruption.

 

Prevent the Airport Emergency

When an employee is stopped at the airport because of a past charge, the disruption feels sudden. In reality, these issues are predictable and preventable with the right planning.

If your team travels between the U.S. and Canada, criminal inadmissibility should be part of your mobility strategy. Identifying risks early, respecting employee privacy and starting legal processes in advance protects your projects, your client relationships and your reputation.

If your organization relies on international travel, book a call with one of our client engagement coordinators and take the first step toward a proactive cross-border strategy.


Evelyn L. Ackah, BA, LL.B.

Founder/Managing Lawyer

Ms. Ackah is passionate about immigration law because it focuses on people and relationships, which are at the core of her personal values. Starting her legal career as a corporate/commercial ...

More About Evelyn L. Ackah, BA, LL.B.

Can a Criminal Record Stop You From Entering Canada or the U.S.?

Can a Criminal Record Stop You From Entering Canada or the U.S.?Yes, a criminal record can stop you from entering Canada or the United States, even if the offence happened years ago ...

Read More

Why an Old DUI Can Still Affect Entry to Canada

Do DUIs From Over 10 Years Ago Still Affect Entry to Canada?Yes, a DUI from over 10 years ago can still affect entry to Canada because impaired driving is treated as serious criminality ...

Read More

IRCC Processing Times Update and What They Mean for 2026

What Current IRCC Processing Times Tell Us About 2026 ImmigrationLate-2025 IRCC processing times indicate continued delays and growing gaps between immigration programs in 2026.Published ...

Read More

Temporary to Permanent Residence Guide for Canada

How to Move From Temporary Status to Permanent Residence in CanadaThere are several pathways to move from temporary status to permanent residence, including Express Entry, Provincial ...

Read More

CEO’s Guide to Building a Global Team in Canada

Align your Canadian corporate structure with your global expansion goals so you avoid costly restructuring and establish credibility with investors, partners and talent.Choose ...

Read More

Can You Switch From Visitor to Worker Without Leaving Canada?

In 2025, you cannot switch from visitor to worker from inside Canada. The temporary public policy that once allowed this ended in August 2024.Some groups, like spouses of workers ...

Read More

We are really happy with the professionalism and patience you have displayed in dealing with our application. I will always refer Ackah Law in the future.

Anonymous

View All Testimonials

Love is a word I dare not diminish. Built with intention, care and respect by Bryce Kirk