Section 41 — Non-compliance with Act
Text of provision
A person is inadmissible for failing to comply with this Act
(a) in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and
(b) in the case of a permanent resident, through failing to comply with subsection 27(2) or section 28.
Plain English
Section 41 provides that a foreign national is inadmissible for failing to comply with any applicable provision of IRPA. A permanent resident is inadmissible for failing to comply with the residency obligation in s 28.
The non-compliance ground is residual — it captures failures to comply that are not specifically covered by another inadmissibility ground (such as criminality, security, or misrepresentation). Common examples include: overstaying a visa, working without authorisation, and failing to report as required.
Practical effect
Section 41 is the ground most commonly used for persons who have overstayed their authorised period of stay. Unlike s 36 (criminality) or s 40 (misrepresentation), s 41 inadmissibility does not carry a mandatory bar period — the consequences depend on how the inadmissibility report is resolved.
A foreign national who is inadmissible under s 41 for a first-time minor overstay may be issued a removal order but allowed to voluntarily depart without a formal bar. Repeat or serious non-compliance may result in a longer bar on re-entry.