Temporary public policy for foreign nationals in Canada affected by domestic natural disasters

Background

Certain extreme weather events and natural disasters are becoming an annual occurrence in Canada. For example, in recent years, severe wildfires have occurred across the country.

Per Public Safety Canada’s Emergency Management Framework, a natural disaster in Canada is a social phenomenon that results when a hazard intersects with a vulnerable community in a way that exceeds or overwhelms the community's ability to cope and may cause serious harm to the safety, health, welfare, property or environment of people. Natural hazards and disasters include, but are not limited to, extreme natural events such as floods, hurricanes, storm surges, tsunamis, avalanches, landslides, tornadoes, wild-land urban-interface forest fires, and earthquakes.

Experience from previous major flooding and wildfire seasons underscores the importance of ensuring that temporary residents affected by natural disasters in Canada are supported in managing their status.

Public policy considerations

Individuals affected by natural disasters in Canada can find themselves in challenging situations for prolonged periods. Foreign nationals such as visitors, workers, and students in those areas may be affected in multiple ways. It may be difficult to manage immigration status in Canada due to the disruption caused by the natural disaster.

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 (Act), exemptions from the requirements of the Immigration and Refugee Protection Regulations (Regulations) listed below to foreign nationals who meet the conditions (eligibility criteria) set out below.

Conditions (eligibility requirements)

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

1. The foreign national
   1. is in Canada and has been directly affected by a natural disaster in Canada;
   2. had valid temporary resident status on the date they were directly affected by the natural disaster, and within six months of that date, has applied for restoration of their temporary resident status under section 182 of the Regulations; and
   3. provided, with the application referred to in (b), an attestation explaining when and how they were directly affected by the natural disaster;
2. The foreign national
   1. is in Canada and has been directly affected by a natural disaster in Canada;
   2. had valid temporary resident status and a valid work permit on the date they were directly affected by the natural disaster, and within six months of that date, has applied for:
      1. a renewal of their work permit under section 201 of the Regulations; and
      2. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, or restoration of their temporary resident status under section 182 of the Regulations; and
   3. provided, with the applications referred to in (b), an attestation explaining when and how they were directly affected by the natural disaster.
3. The foreign national
   1. is in Canada and has been directly affected by a natural disaster in Canada;
   2. had valid temporary resident status and a valid study permit on the date they were directly affected by the natural disaster, and within six months of that date, has applied for:
      1. a renewal of their study permit under section 217 of the Regulations; and
      2. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations or restoration of their temporary resident status under section 182 of the Regulations; and
   3. provided, with the applications referred to in (b), an attestation explaining when and how they were directly affected by the natural disaster.

Provisions of the Regulations for which an exemption may be granted

For foreign nationals who meet condition 1:

• The requirement in section 182 – for a visitor, worker or student to apply for restoration within 90 days after losing temporary resident status.

For foreign nationals who meet condition 2:

• The requirement in section 182 – for a visitor, worker or student to apply for restoration within 90 days after losing temporary resident status.
• Paragraphs 199(a)-(i) – the requirements that a foreign national must meet in order to apply for a work permit after entering Canada.
• 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.

For foreign nationals who meet condition 3:

• The requirement in section 182 – for a visitor, worker or student to apply for restoration within 90 days after losing temporary resident status.
• Paragraphs 215(1)(a)-(g) – the requirements that a foreign national must meet in order to apply for a study permit after entering Canada.
• The requirement in paragraph 217(1)(a) – for an application for renewal of a study permit be made before the expiration of the study permit.
• 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.

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, or another, public policy.

Concepts and Definitions applicable to this Public Policy

Natural disaster

For the purposes of this public policy, an extreme natural event can be considered a natural disaster if it meets at least one of the following criteria:

• the event resulted in a local state of emergency;
• the event required evacuation of persons from the affected geographic area;
• the event involved significant damage or interruption of normal processes such that the community affected could not recover on its own, thereby requiring an appeal for assistance from other jurisdictions.

Directly affected by a natural disaster

For the purposes of this public policy, an individual can be considered to have been directly affected by a natural disaster if they reside or work in a geographic area that was impacted by a natural disaster, and, aligned with the United Nations Office of Disaster Risk Reduction, were affected in one of the following ways:

• suffered injury, illness or other health effects;
• were evacuated, displaced, or relocated;
• suffered direct damage to their livelihoods or assets, including loss of property that would impact their ability to manage their status (e.g., identity documents, credit cards, etc.); or,
• experienced a prolonged disruption to infrastructure or services (e.g., to power or telecommunications systems) that interfered with their ability to manage their status.

Effective Date and Expiration

This public policy comes into effect on April 1, 2026, and applies to applications received on or after the date it comes into effect.

This public policy expires on November 30, 2028. It may be revoked at any time without prior notice.