Beal Feirste said:
No. I said on my app form that I'd never been in trouble. No notable trace on police reports mean that there is a record in the national police computer but it is not deemed worth noting. I think they just looked up what no notable trace meant and found out that I should have told them hat I got caught getting stoned when I was 17 or that a group of friends took a pizza delivery moped from outside a pizza shop one night on the way home from the pub during freshers week......
I want to flip both side of the coin since I don't know which side CIC will take. I will flip the positive side first. I don't believe it will be a problem because there was no conviction. All you need to do is to explain why you did not mention that in your application. Write a good explanatory cover letter CIC will understand and tell them when you will your PCC.
Let's see what can also happen in case the coin is flipped negatively by CIC.
10.2 Misrepresentation or withholding material facts
Persons who misrepresent or withhold material facts, either directly or indirectly, relating to a relevant matter that induces or could induce an error in the administration of the Act are inadmissible to Canada pursuant to paragraph A40(1)(a).
Definitions
Misrepresentation:
Misstating facts to obtain money, goods, benefits or some other thing desired by a person who might otherwise not be entitled to it. Misrepresentation may also be referred to as "false pretences."
Example: An individual appears at a port of entry with someone else’s passport and represents his identity as that of the owner.
Withholding:
To hold back from doing or taking an action; to keep (within); to refrain from granting, giving, allowing or “letting ‘it’ be known.” A person can misrepresent themselves by being silent just as easily as a person who actively states a “mistruth.” A person who refuses or declines to answer a question, preferring instead to allow outdated or false information to be accepted as current or true information, is engaging in the activity of misrepresentation.
Example: A vehicle with four individuals arrives at a port of entry and the driver is asked if all the occupants in the car are Canadian citizens, to which the driver replies, “yes.” One of the passengers is a foreign national and remains silent. That individual is withholding facts.
Direct and indirect misrepresentation:
Direct misrepresentation includes situations where the person makes a misrepresentation or withholds information themselves—on their own behalf.
Example: An individual at a port of entry, when asked about criminality, states they have never been convicted of a crime. A CPIC check reveals a criminal record. This is direct misrepresentation.
Indirect misrepresentation is where a third party makes a misrepresentation or withholds information.Instances of indirect misrepresentation include:
Example: Situations where the applicant does not make the misrepresentation themselves but, rather, it is done by someone else—a third party to the application.
For example, a consultant or agent for an entrepreneur submits a monitoring report on behalf of the entrepreneur and provides false information on the establishment of a business.
