Section 41 of the Immigration and Refugee Protection Act (IRPA) makes a foreign national or permanent resident inadmissible for failing to comply with IRPA through an act or omission. For foreign nationals, the most common triggers are overstaying an authorized period of stay, working without a work permit, and studying without a study permit. For permanent residents, the most common trigger is failing to comply with the residency obligation under s28. Section 41 inadmissibility is procedurally significant — it can lead to a report under s44, referral to an admissibility hearing before the Immigration Division, and ultimately a removal order. However, remedies exist: implied status (maintained status while a renewal is pending) prevents a s41 finding, and restoration of status within 90 days of expiry can remedy a lapse. This page explains the scope of s41, how it applies to foreign nationals and PRs differently, and the procedural consequences.

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

• Immigration and Refugee Protection Act, s 41 — inadmissibility for non-compliance; s41(a) applies to permanent residents failing to meet obligations under IRPA; s41(b) applies to foreign nationals failing to comply with any applicable provision of IRPA
• IRPA, s 44(1) — an IRCC or CBSA officer who believes a person is inadmissible may prepare an inadmissibility report
• IRPA, s 45 — the Immigration Division may make a removal order or declaration of admissibility after an admissibility hearing
• IRPA, s 28 — the residency obligation for permanent residents (presence in Canada for 730 days in a 5-year period)
• Immigration and Refugee Protection Regulations (IRPR), s 182–183 — restoration of status; foreign nationals can apply for restoration within 90 days of losing status
• IRPA, s 183(5) — maintained (implied) status: foreign nationals who apply for a renewal before expiry maintain their status while the renewal is pending

Foreign nationals — s41(b) non-compliance

Section 41(b) applies to foreign nationals who fail to comply with any provision of IRPA applicable to them as a temporary resident. Common situations that trigger s41(b) inadmissibility:

• Overstaying: a visitor, worker, or student who remains in Canada after their authorized period of stay (as specified on their TRV/visitor record, work permit, or study permit) has expired — without having filed a renewal application before expiry — is in violation of IRPA and inadmissible under s41
• Working without authorization: working in Canada without a valid work permit, or working in a job or for an employer not covered by the permit — the failure to comply with work authorization requirements is a s41 violation
• Studying without authorization: taking a course or program of study in Canada without a study permit, where a study permit is required — or studying at a DLI other than the one named in the study permit without authorization
• Breach of permit conditions: failing to comply with other conditions attached to a permit — for example, an employer-specific work permit holder working for a different employer, or a visitor staying beyond the period granted by the border officer
• Failure to appear: failing to appear for an examination, inquiry, or other proceeding as required by IRPA

Permanent residents — s41(a) non-compliance

Section 41(a) applies to permanent residents who fail to comply with IRPA obligations. The most common ground is the residency obligation under s28 — a permanent resident must be physically present in Canada for at least 730 days in every 5-year period. A PR who fails the residency obligation is inadmissible under s41(a).

Unlike most foreign national s41 situations, permanent residents facing s41(a) inadmissibility have appeal rights before the Immigration Appeal Division (IAD). The IAD can consider humanitarian and compassionate factors and may stay removal if there are compelling reasons. For details, see the IAD page and the residency obligation page.

Implied status (maintained status) — not a s41 violation

A foreign national whose permit or authorized stay is about to expire can avoid a s41 violation by filing a renewal application before expiry. Under s183(5) of IRPA, where a renewal application is filed before the permit or authorized stay expires, the foreign national has maintained (implied) status — they continue to be authorized on the same terms as their existing permit until a decision is made on the renewal application. This is not a s41 violation — the person remains lawfully in Canada throughout the pending period. However:

• Maintained status applies only if the renewal application was filed before expiry — filing on the day of expiry or the day after does not trigger maintained status
• Maintained status preserves the same conditions as the expiring permit — a work permit holder on maintained status continues to work under the same employer and position conditions
• Maintained status is not a new permit and does not appear as a physical document — the person's status is maintained by operation of law while the renewal is pending

For more detail on maintained status, see the implied maintained status page.

Restoration of status — the 90-day remedy

If a foreign national's permit expired without a renewal application being filed — meaning they did not obtain maintained status — they have a limited window to restore their status through a restoration application under s182–183 of the IRPR. Key features:

• The restoration application must be filed within 90 days of the permit or authorized stay expiring — after 90 days, restoration is no longer available
• The person must still meet the requirements for a permit of the same type — a visitor cannot restore to work permit status; they must restore to the same category
• During the 90-day restoration window, the person remains in Canada without status — they are technically an unlawful non-citizen during this period, though the restoration window provides a pathway to remedy that
• Restoration, if granted, retrospectively authorizes the stay — the gap in status is effectively resolved

For details on restoration, see the restoration of status page.

The s44 report and admissibility hearing

Where an IRCC officer or CBSA officer has reasonable grounds to believe a person is inadmissible under s41, the officer may write an inadmissibility report under s44(1). The report is referred to a senior officer who determines whether to issue a removal order directly (in less serious cases) or refer the matter to the Immigration Division (ID) for an admissibility hearing. At the ID admissibility hearing:

• The member hears evidence and submissions on whether the person is inadmissible
• The person can present evidence, call witnesses, and be represented by counsel
• If the ID finds the person inadmissible under s41, it will issue a removal order
• Foreign nationals (other than PRs) facing removal orders for s41 non-compliance generally have limited appeal rights — only PRs have IAD appeal rights for most removal orders

For details on the s44 process, see the inadmissibility report (s44) page.

S41 vs misrepresentation (s40)

Section 41 and s40 (misrepresentation) are related but distinct:

• S41 (non-compliance): applies where a person fails to comply with IRPA — they do something prohibited (overstay, work without authorization) or fail to do something required (appear for examination)
• S40 (misrepresentation): applies where a person makes a false representation or withholds material information in order to obtain immigration benefits — the wrongful act is the deception itself, not just the non-compliance with conditions

Working without authorization is a s41 violation. Lying to a border officer about employment plans is a s40 violation. Both can co-exist — a person who works without authorization and then misrepresents that fact to border officers may be inadmissible under both grounds. For details on misrepresentation, see the misrepresentation page.

Section 41 inadmissibility for working without authorization is a common and frequently misunderstood ground. Visitors to Canada who engage in incidental business activities — attending meetings, signing contracts, conducting negotiations — are generally not in breach of s41 because these activities are permitted for visitors under the work permit exemptions in the IRPR. However, persons who provide services, work for pay, or conduct ongoing business operations in Canada without a work permit are in breach of s41. A particularly common situation involves persons who have been approved for a work permit but have not yet received it — a person cannot work in Canada on the basis of a pending work permit approval unless they have the LMIA or offer letter and are relying on a specific regulatory work permit exemption that allows the work pending permit issuance. Post-pandemic, CBSA enforcement of s41 violations at ports of entry has increased, with electronic records of entry and work history more accessible to officers. The 90-day restoration window is a safety net but it is not a right — IRCC can refuse restoration if the person no longer meets the requirements for the permit type or has violated other provisions. For current restoration procedures and the s44 hearing process, refer to the IRCC inadmissibility reasons page.