Section 35 of the Immigration and Refugee Protection Act (IRPA) renders a foreign national or permanent resident inadmissible to Canada for involvement in war crimes, crimes against humanity, or genocide, or for being a senior official of a government that engaged in terrorism or systematic gross human rights violations. Section 35 is one of the most serious grounds of inadmissibility — unlike criminal inadmissibility under s36, there is no rehabilitation pathway. Persons found inadmissible under s35 cannot overcome that inadmissibility over time; the only potential discretionary relief is a Temporary Resident Permit, which is rarely granted in these cases. Section 35 also interfaces with the refugee exclusion under Article 1F of the Refugee Convention, since the same conduct that triggers s35 inadmissibility typically triggers Article 1F exclusion from refugee protection. This page explains the three grounds under s35(1), the senior official presumption, and how s35 operates differently from other inadmissibility grounds.

For current information on inadmissibility grounds, refer to the IRCC inadmissibility reasons page.

• Immigration and Refugee Protection Act, s 35(1)(a) — inadmissibility for war crimes, crimes against humanity, or genocide — applicable to persons who committed or were complicit in acts covered by the Crimes Against Humanity and War Crimes Act
• IRPA, s 35(1)(b) — inadmissibility for being a senior official in a government that engaged in terrorism, systematic or gross human rights violations, or genocide
• IRPA, s 35(1)(c) — inadmissibility for persons subject to international sanctions imposed by an order or regulation made under the United Nations Act or the Special Economic Measures Act
• Crimes Against Humanity and War Crimes Act, SC 2000, c 24 — implements Canada's obligations under the Rome Statute; defines war crimes, crimes against humanity, and genocide for Canadian law purposes
• IRCC/CBSA: ENF 18 — Human or international rights violations — the operational enforcement manual for s35 cases, providing guidance on the assessment of senior officials and the definition of complicity
• IRCC: Reasons you may be inadmissible — canada.ca/inadmissibility-reasons

The three grounds under s35(1)

Section 35(1) creates three distinct grounds of inadmissibility:

s35(1)(a) — war crimes, crimes against humanity, and genocide

A foreign national or permanent resident is inadmissible if there are reasonable grounds to believe they committed or were complicit in:

• Genocide — acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group
• Crimes against humanity — acts committed as part of a widespread or systematic attack directed against a civilian population, including murder, extermination, torture, rape, persecution, and other inhumane acts
• War crimes — acts that violate the laws or customs of war, including ill-treatment of civilians, torture of prisoners, and other violations of the laws of armed conflict

The standard is reasonable grounds to believe — this is a lower standard than proof beyond a reasonable doubt (the criminal standard) or even balance of probabilities. It requires more than suspicion but does not require proof of conviction. A person can be found inadmissible under s35 without having been charged with or convicted of any criminal offence.

Complicity includes membership in or association with an organisation that committed such acts, where the person knew or ought to have known of the acts and contributed to them.

s35(1)(b) — senior officials of designated regimes

A foreign national is inadmissible if they were a senior official in a government that, in the opinion of the Minister, has engaged or engages in terrorism, systematic or gross human rights violations, or genocide. Key aspects:

• The senior official presumption: a person who held a senior position in such a government is presumed to have been personally and knowingly complicit in the acts of that government — the person bears the burden of rebutting this presumption
• "Senior official" includes military officers of significant rank, senior civil servants, and others in positions of authority — it is interpreted broadly by IRCC and CBSA
• The assessment of whether a government has engaged in the relevant acts is a Ministerial determination — IRCC maintains a list of designated regimes for s35 purposes

s35(1)(c) — persons subject to international sanctions

A foreign national is inadmissible if they are subject to international sanctions under Canadian orders or regulations implementing UN Security Council resolutions or Canadian autonomous sanctions under the Special Economic Measures Act. This ground can apply to individuals subject to targeted sanctions (asset freezes, travel bans) by Canada in connection with human rights violations or other international concerns.

How s35 differs from criminal inadmissibility (s36)

Section 35 and s36 (criminal inadmissibility) both deal with serious wrongdoing but operate very differently:

• Standard of proof: s36 typically requires a conviction; s35 operates on "reasonable grounds to believe" — no conviction required
• Rehabilitation: criminal inadmissibility under s36 can be overcome by criminal rehabilitation (after a sufficient time period); there is no rehabilitation provision for s35. A finding of s35 inadmissibility is permanent — it cannot be overcome through the passage of time or good behaviour
• Severity: s35 covers the most serious international crimes — war crimes and crimes against humanity — rather than ordinary criminal convictions
• Refugee bar: s35 inadmissibility triggers parallel exclusion from refugee protection under Article 1F; s36 criminal inadmissibility does not automatically exclude from refugee protection (although serious criminality is a separate refugee exclusion ground)

Section 35 and refugee protection — Article 1F

A person who is found inadmissible under s35 will typically also be excluded from refugee protection under Article 1F(a) of the 1951 Refugee Convention (war crimes and crimes against humanity) or Article 1F(c) (acts contrary to the purposes and principles of the United Nations). The exclusion assessment under Article 1F and the inadmissibility assessment under s35 are conducted separately — by the Refugee Protection Division (RPD) and CBSA/IRCC respectively — but they address the same underlying conduct. A person excluded under Article 1F cannot receive protection as a Convention refugee in Canada. For details on Article 1F exclusion, see the Article 1F exclusion page.

The "reasonable grounds to believe" standard

The threshold for s35 inadmissibility is reasonable grounds to believe — not proof. This means:

• CBSA or IRCC officers can make an inadmissibility finding based on credible evidence short of proof — including membership in a specific organisation, holding a specific rank, or participation in specific operations
• The person does not need to have been tried or convicted by any court — domestic or international
• Evidence may include open-source reporting, NGO documentation, country condition reports, and prior immigration determinations

Limited discretionary relief — TRP only

The only discretionary relief available to a person inadmissible under s35 is a Temporary Resident Permit (TRP). TRPs can be granted by IRCC or a border officer where there are compelling reasons why the person should be allowed to enter or remain in Canada despite the inadmissibility. For s35 cases:

• The public interest test for a TRP is extremely high — very few TRPs are granted to persons inadmissible for war crimes or crimes against humanity
• There is no criminal rehabilitation pathway — unlike s36 inadmissibility, no amount of time or good conduct removes s35 inadmissibility
• Persons found inadmissible under s35 who are in Canada may be subject to a removal order

For information on TRPs, see the temporary resident permit page.

Section 35 cases are investigated and prosecuted by the IRCC/CBSA War Crimes Unit and the Crimes Against Humanity and War Crimes Program (a joint initiative of IRCC, CBSA, RCMP, and the Department of Justice). The program focuses on ensuring that Canada does not become a haven for persons who have committed the most serious international crimes. The senior official presumption under s35(1)(b) has significant practical consequences for former military officers, civil servants, and officials from countries with histories of systematic human rights violations — including persons who emigrated decades ago from former Soviet bloc countries, states involved in recent conflicts, and countries where the government has been designated by Canada as having engaged in gross human rights violations. The "reasonable grounds to believe" standard means that circumstantial evidence and country condition reports can be sufficient for an inadmissibility finding, even without direct evidence of individual acts. Because there is no rehabilitation, persons who believe they may have s35 issues should seek legal advice before applying for any Canadian immigration status. For current inadmissibility grounds and the CBSA referral process, refer to the IRCC inadmissibility reasons page.