Section 34 — Security grounds
Text of provision
(1) A permanent resident or a foreign national is inadmissible on security grounds for
(a) engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests;
(b) engaging in or instigating the subversion by force of any government;
(b.1) engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada;
(c) engaging in terrorism;
(d) being a danger to the security of Canada;
(e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or
(f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b), (b.1) or (c).
(2) [Repealed, 2013, c. 16, s. 13]
Plain English
Section 34 provides that a permanent resident or foreign national is inadmissible on security grounds for being a danger to the security of Canada, including for:
- engaging in espionage or subversion of democratic government;
- engaging or instigating the subversion by force of any government;
- engaging in terrorism;
- being a danger to the security of Canada;
- engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or
- being a member of an organisation that there are reasonable grounds to believe engages, has engaged, or will engage in these activities.
Practical effect
Security inadmissibility findings involve the Canadian Security Intelligence Service (CSIS). Security certificates under IRPA Division 9 allow the Minister of Public Safety and the Minister of Citizenship and Immigration to jointly certify that a named person is inadmissible on security grounds.
Unlike criminal inadmissibility, there is no rehabilitation process for security inadmissibility. The only discretionary remedy is a TRP under s 24 or an H&C exemption under s 25.