Section 40 — Immigration and Refugee Protection Act: Misrepresentation

A permanent resident or a foreign national is inadmissible for misrepresentation for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act; for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation; on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or on ceasing to be a citizen under paragraph 10(1)(a) of the Citizenship Act , as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act , in the circumstances set out in subsection 10(2) of the Citizenship Act , as it read immediately before that coming into force, subsection 10(1) of the Citizenship Act , in the circumstances set out in section 10.2 of that Act, or subsection 10.1(3) of the Citizenship Act , in the circumstances set out in section 10.2 of that Act. The following provisions govern subsection (1): the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and paragraph (1)(b) does not apply unless the Minister is satisfied that the facts of the case justify the inadmissibility. A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).