Special processing measures: Persons directly affected by the 2023 floods in Nova Scotia

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Note: These special processing measures expired on November 30, 2023. Applications received after November 30, 2023, are not eligible for these special measures. The instructions remain available to provide processing officers with the information they need to finalize any applications received up until November 30, 2023.

These program delivery instructions (PDIs) provide operational instructions related to temporary special measures for Canadian citizens and for protected persons, temporary residents and permanent residents of Canada directly affected by the 2023 floods in Nova Scotia.

These measures apply to temporary resident clients applying to replace a status document, restore status and/or extend their status, effective July 28, 2023, and are in place until November 30, 2023.

For Canadian citizens or permanent residents seeking to replace a passport, citizenship certificate or permanent resident card, these measures are retroactive to the state of emergency date of July 22, 2023, and remain in place until November 30, 2023.

To be eligible for consideration under these special measures, applications to replace documents or to extend or restore status must be made on or before November 30, 2023. For the purposes of these special measures, the postmark on envelopes containing paper applications may be considered as the date the application was made. If submitting an electronic application, the date the electronic application is submitted to IRCC will be considered the received date.

Applicant instructions: 2023 Nova Scotia Floods: Temporary immigration, passport and citizenship measures

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Background

Due to several days of intense rainfall, Nova Scotia is currently experiencing severe flooding in various areas across the province, including Halifax, Bedford, Lower Sackville, Hammond Plains, and Lunenburg County. Environment and Climate Change Canada has estimated that some parts of Nova Scotia received more than 300 millimetres of rain in a 24-hour period. As a result, homes have been flooded, roads and bridges have been washed away, thousands are without power, and search and rescue efforts are ongoing. The Government of Nova Scotia declared a state of emergency on July 22, 2023.

As a result of this crisis, Canadian passports and other documents belonging to Canadian citizens, protected persons, temporary residents and permanent residents may have been lost, destroyed or damaged. In addition, foreign workers may be temporarily out of work, and international students may be temporarily unable to continue their studies if their designated learning institution is not accessible, or their transfer to another designated learning institution may be delayed pending the issuance of official documentation from a designated learning institution in the affected area.

With respect to these potential disruptions in the status and authorizations of persons and the loss of immigration documents due to the emergency situation, under section 25.2 of the Immigration and Refugee Protection Act, the Minister has authorized the Temporary public policy for foreign nationals directly affected by the 2023 floods in Nova Scotia (Public Policy) with special measures for those affected by the crises.

Affected area

The geographical area affected by this emergency remains in a fluid and active situation. For the purpose of these operational instructions, these special measures are intended to be facilitative, and officers can use their discretion to assess how a client may have been impacted.

Note: Clients do not have to reside in the affected area to be eligible for these measures. To be eligible for these measures, clients must self-identify as being directly affected by the Nova Scotia floods, and must provide an attestation explaining how the floods affect them.

For example, a client could have been travelling with their passport outside of their area of residence and have lost their documents as a result of the floods.

These special measures do not limit the authority of officers under section A25.1, and all applications are to be dealt with compassionately and assessed on a case-by-case basis.

It remains the responsibility of clients to identify themselves as being directly affected by this emergency situation by following the instructions under the below appropriate line of business.

Program-specific special measures

Each program has their own eligibility and document requirements for these special measures. Refer to the appropriate line of business for further information.

Temporary residents

Fee waivers: Under these special measures, the following fees related to processing and temporary residence documentation replacement are waived:

Note: If you’re applying under the International Mobility Program, your employer must pay the employer compliance fee.

Renewal of work or study permits: The public policy provides an exemption from the requirement in paragraphs 201(1)(a) and 217(1)(a) of the Immigration and Refugee Protection Regulations (IRPR) for affected foreign nationals to submit an application to renew their work or study permit prior to the expiry of their present document, if an application is submitted on or before November 30, 2023. This applies to:

Visitors: To identify themselves as “affected visitors”, applicants should provide evidence such as:

Workers: A worker’s residence and/or workplace may be impacted by the floods. To identify themselves as “affected workers”, applicants should provide evidence such as:

Existing work permit holders: As the public policy provides more time for foreign nationals to renew their work permits, those who have submitted a renewal application and have requested consideration under the public policy will be authorized to continue working under R186(u) as long as they continue to work under the same conditions of their expired permit.

Students: A student’s residence and/or designated learning institution (DLI) may be impacted by the floods. To identify themselves as “affected students”, applicants should provide evidence such as:

The client must continue to have valid status as a student in Canada to be able to return to class once the school has reopened. If the client needs to apply to extend their study permit, they must include a letter from the registrar of their designated learning institution explaining the situation.

Restoration period: Under these special measures, the Minister has waived the requirement under R182 for an affected visitor, worker or student who had valid status on July 22, 2023, and which expires on or before November 30, 2023, to apply for restoration within 90 days after losing temporary resident status. Further, affected applicants are exempt from the requirement to pay the fee for restoration of status under subsection R306(1), for restoration applications made between July 28, 2023 and November 30, 2023.

Applicants whose status expires before September 1, 2023 have until November 30, 2023 to apply to restore their status.

Applicants whose status expires on or after September 1, 2023 have the standard 90 calendar days to apply to restore their status.

The objective is to provide those affected by the floods with more time to restore their temporary resident status if needed.

Proof of citizenship

Affected Canadian citizens: These special measures apply only to persons directly affected by this emergency situation and it remains the responsibility of those persons to identify themselves as such.

To identify themselves as “affected persons”, applicants should provide:

Citizenship certificate replacement: To request replacement citizenship certificates, affected Canadian citizens must follow standard procedures, but the proof of citizenship application fee ($75) for the replacement should not be charged to the applicant.

Applications submitted online through IRCC Secure Account (MyAccount) require clients to pay the proof of citizenship application fee upfront. As such, if the officer determines that the client is eligible for a replacement proof of citizenship under these special measures, a refund may be issued for the paid fee only once a remission order is obtained. Refer to Fee waivers and refunds  for further guidance.

Fee waivers: Under these special measures, the following fees related to citizenship documentation replacement will not be collected:

Important: Clients who applied for citizenship certificate replacements since July 22, 2023, when the state of emergency was declared, will be issued refunds once the remission order is signed.

Canadian passports, certificates of identity or refugee travel documents

These special measures also apply to Canadian passports, certificates of identity and refugee travel documents. For further information on the Passport Program’s eligibility and document requirements, officers should refer to the instructions provided in Passage.

Note: The consular service fee ($25) normally collected with adult travel document applications on behalf of Global Affairs Canada will not be collected between July 22, 2023, and November 30, 2023. Global Affairs Canada has been consulted and agree with this waiver.

Fee waivers: Under these special measures, the following fees related to passport and identity documentation replacement will not be collected:

Important: Clients who applied for any of the above-noted fees since July 22, 2023, when the state of emergency was declared, will be issued refunds once the remission order is signed.

Note: The only types of passports that would be issued under these special measures would bear the same expiry date as passports that were lost, damaged, or rendered inaccessible as a result of the floods.

Permanent resident cards

Affected permanent residents of Canada: These special measures apply only to persons directly affected by this emergency situation and it remains the responsibility of those persons to identify themselves as such.

PR card replacement: These special measures apply only to applications to replace lost, damaged or destroyed PR cards for clients who have had a PR card issued in the last 5 years. To request replacement PR cards, affected Canadian permanent residents must follow standard procedures, but the application fee ($50) should not be charged to the applicant. Refer to Fee waivers and refunds for further guidance.

Note: Initial PR applications and renewal applications for existing PRs are not covered by these special measures and are to be processed under regular procedures. Standard fees and requirements apply.

Fee waivers: Under these special measures, the following fees related to permanent residence documentation replacement will not be collected:

Important: Clients who applied for a Permanent Resident Card since July 22, 2023, when the state of emergency was declared, will be issued refunds once the remission order is signed.

Biometrics requirements: Permanent resident applicants may be required to provide their biometrics when they apply for a replacement PR card if they were previously exempt because they were under the age of 14 years at the time of their application. However, they are not required to pay the biometric collection fee. Refer to Fee waivers and refunds for further guidance.

Fee waivers: Under these special measures, the following fees related to biometric collection will not be collected:

Replacement of an immigration document (verification of status)

These instructions apply to those needing to replace a

Note: The record of landing and confirmation of permanent residence documents cannot be reprinted. Clients will be provided with a Verification of Status (VOS) document.

Affected persons: These special measures apply only to persons directly affected by this emergency situation and it remains the responsibility of those persons to identify themselves as such. To identify themselves as “affected persons”, applicants should provide evidence such as:

Immigration document replacement: To obtain a VOS document or replacement of a valid temporary resident document, affected clients must follow standard procedures, but the application fee ($30) is waived under these measures. Refer to Fee waivers and refunds for further guidance.

Incomplete applications

If the client indicated in their application that they are unable to provide documentation to demonstrate that they were affected by the floods, the officer can provide an extension for the client to provide the documents, on a case-by-case basis.

Non-compliance for non-reply to requests for additional information: People have been displaced as a result of this crisis and may not be reachable through the contact information they originally provided to IRCC in their applications or by other means. Decisions should not be made on the basis of non-reply from applicants in the affected area to requests for additional information from July 28, 2023, onwards (until the expiry of these special measures). In these instances, files should be put aside until contact with the applicant has been re-established or until these special measures expire (whichever comes first).

Immigration medical examinations

New immigration medical examinations are not required for replacement of lost or destroyed documents, nor are they required specifically as a result of this crisis situation. Standard screening requirements apply where required. This means new applicants must complete an immigration medical examination in order for officers to finalize an application. A complete list of panel physicians is available on the IRCC website. Panel physicians are independent from IRCC, and the Department does not control whether they charge or how much they charge for an immigration medical examination.

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