Public policy concerning foreign nationals in Canada affected by the wildfires in British Columbia

On July 7, 2017, British Columbia declared a state of emergency due to to major wildfires with impacts to public safety and critical infrastructure in the province. Individuals affected by the wildfires can be in a crisis situation for prolonged periods. Foreign nationals in those areas may be affected in multiple ways. Some may have had their status documents destroyed or experience difficulty in applying for restoration of status (e.g., extend a visitor record, work or study permit) before their existing authorization expires due to the disruption caused by the wildfire devastation in British Columbia.

Therefore, I hereby establish that there are sufficient public policy considerations that justify the granting, in accordance with section 25.2 of the Immigration and Refugee Protection Act exemptions from the requirements of the Immigration and Refugee Protection Regulations (Regulations) listed below to foreign nationals who meet the conditions set out below.

Conditions:

Based on public policy considerations, delegated officers may grant an exemption until January 6, 2018 from the requirements of the Regulations identified below when a foreign national meets the following conditions:

1. The foreign national is a temporary resident of Canada who had immigration documents destroyed in the wildfires in affected areas in British Columbia and has made an application to obtain a replacement status document before January 6, 2018;
2. The foreign national is in Canada as a visitor, has been directly affected by the wildfires in British Columbia, had valid status on July 7, 2017 which expires before January 6, 2018 and is applying before January 6, 2018 for:
   1. an extension of their authorization to remain in Canada as a temporary resident; or
   2. restoration of temporary resident status;
3. The foreign national is in Canada, has been directly affected by the wildfires in British Columbia, had valid status and a valid work permit on July 7, 2017 which will expire before January 6, 2018 and is applying before January 6, 2018 for:
   1. a renewal of their work permit;
   2. an extension of their authorization to remain in Canada as a temporary resident; or
   3. restoration of temporary resident status;
4. The foreign national is in Canada, has been directly affected by the wildfires in British Columbia, had valid status and a valid study permit on July 7, 2017 which expires before January 6, 2018 and is applying before January 6, 2018 for:
   1. a renewal of their study permit;
   2. an extension of their authorization to remain in Canada as a temporary resident; or
   3. restoration of temporary resident status;
5. The foreign national is a temporary resident and was authorized to study in Canada at a British Columbia learning institution as of July 7, 2017, that institution was directly affected by the wildfires, and the foreign national is unable to continue their studies before January 6, 2018, or must change their learning institution as a result of the wildfires.

Provisions of the Regulations for which an exemption may be granted:

For foreign nationals who meet condition 1:

• Subsection 311(2) - the requirements to pay processing fee for the replacement of immigration documents.

For foreign nationals who meet condition 2:

• Paragraph 181(1)(a)- the requirement that an application for an extension of authorization to remain in Canada as a temporary resident be made by the end of the period authorized for the stay.
• Section 182- the requirement for a visitor, worker or student to apply for restoration within 90 days after losing temporary resident status.
• Section 305- the requirement to pay the application processing fee for an extension of their authorization to remain in Canada as a temporary resident under subsection 181(1).
• Subsection 306(1)- the requirement to pay the application processing fee for restoration of temporary resident status.

For foreign nationals who meet condition 3:

• Paragraph 181(1)(a)- the requirement that an application for an extension of authorization to remain in Canada as a temporary resident be made by the end of the period authorized for the stay.
• Section 182- the requirement for a visitor, worker or student to apply for restoration within 90 days after losing temporary resident status.
• Section 196- the requirement to be authorized to work in Canada by a work permit or the Regulations.
• Paragraph 200(3)(e)- the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization unless specific criteria in 200(3)(h)(i) to (iv) are met.
• Paragraph 201(1)(a)- the requirement that an application for renewal of a work permit be made before the expiration of the work permit.
• Subsection 299(1)- the requirement to pay the application processing fee for a work permit.
• Subsection 303.2(1)- the requirement to pay a fee for the rights and privileges conferred by means of a work permit.
• Section 305- the requirement to pay the application processing fee for an extension of their authorization to remain in Canada as a temporary resident under subsection 181(1).
• Subsection 306(1)- the requirement to pay the application processing fee for restoration of temporary resident status.

For foreign nationals who meet condition 4:

• Paragraph 181(1)(a)- the requirement that an application for an extension of authorization to remain in Canada as a temporary resident be made by the end of the period authorized for the stay.
• Section 182- the requirement for a visitor, worker or student to apply for restoration within 90 days after losing temporary resident status.
• Section 212- the requirement to be authorized to study in Canada by a study permit or the Regulations.
• Paragraph 217(1)(a)- the requirement that an application for renewal of a study permit be made before the expiration of the study permit.
• Subsection 220.1(1)- the conditions that apply to a study permit holder.
• Section 221- the requirement that a study permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or who has failed to comply with a condition of a permit unless specific criteria listed in 221(a) to (c) are met.
• Paragraph 222(1)(a) – the invalidity of a study permit 90 days after the day on which the permit holder completes their studies.
• Paragraph 222(1)(c)- the invalidity of a study permit the day on which the permit expires.
• Subsection 300(1)- the requirement to pay the application processing fee for a study permit.
• Section 305- the requirement to pay the application processing fee for an extension of their authorization to remain in Canada as a temporary resident under subsection 181(1).
• Subsection 306(1)- the requirement to pay the application processing fee for restoration of temporary resident status.

For foreign nationals who meet condition 5:

• Subsection 220.1(1)- the conditions that apply to a study permit holder.

Other Admissibility and Selection Criteria

Foreign nationals eligible under this public policy are subject to all other legislative admissibility and selection requirements not exempted under this public policy.

Effective Date and Expiration

This public policy takes effect on the day on which it is signed.

This public policy expires on January 6, 2018.

Ahmed D. Hussen, M.P.
Minister of Immigration, Refugees and Citizenship
Dated at Ottawa, this 17 day of August 2017