All family members and children 18 years and older, who have not yet obtained Canadian citizenship or permanent residency, must undergo background checks to guarantee that they are not a threat to their society and ultimately Canada. Dependant children outside Canada must also undergo background checks even if they are not included in the application.

Records such as a police certificate or clearance report must be presented for all countries in which the candidate or dependant child has resided in for a period of six months in the past ten years. In the event that the documents mentioned above are unable to be produced, an original written explanation must be provided from police authorities confirming that they were unable to issue a certificate.

Under the following circumstances, an applicant or family member with a criminal record may be deemed rehabilitated by the Minister of Citizenship and Immigration.

Section 18 of the Immigration and Refugee Protection Act states that the following persons are members of the class of persons deemed to have been rehabilitated:

(a) persons who have been convicted outside Canada of an offence that if committed in Canada would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of less than 10 years, or who committed an act outside Canada that is an offence in the place where it was committed and that if committed in Canada would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of less than 10 years, if

(i) at least 10 years have elapsed from the completion of the imposed sentence and, at the time of examination, the person has not been convicted of a subsequent offence or has not committed an act outside Canada that is an of-fence in the place where it was committed and that if committed in Canada would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act, or

(ii) at least 10 years have elapsed since the commission of the offence and, at the time of examination, the person has not been convicted of a subsequent offence or has not committed an act outside Canada that is an offence in the place where it was committed and that if committed in Canada would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act;

(b) persons convicted outside Canada of two or more offences not arising out of a single occurrence that, if committed in Canada, would constitute summary conviction offences under any Act of Parliament, if at least five years have elapsed since the sentences imposed were served or to be served, provided that the person has not been convicted of a subsequent offence other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act; and

(c) persons convicted in Canada under any Act of Parliament of two or more summary conviction offences not arising out of a single occurrence, if at least five years have elapsed since the sentences imposed were served or to be served, provided that the person has not been refused a pardon for the offences and has not been convicted of a subsequent offence other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act. Removing a Canadian Criminal Record

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