Temporary public policy for foreign nationals directly affected by the floods in Nova Scotia

Background

On July 22, 2023, following severe flooding after widespread and torrential rains, the Premier of Nova Scotia declared a provincial State of Emergency and requested disaster financial assistance from the federal government.

On July 23, 2023, the Minister of Emergency Preparedness approved the province’s request for assistance from the Government of Canada.

This public policy exempts foreign nationals in Nova Scotia who were directly affected by the floods, and who held valid temporary resident status in Canada when the flooding began, from the requirement to pay the fees associated with the re-issuance of temporary resident immigration documents; fees for applications to extend or restore their status as temporary residents; fees to renew work or study permits; and, where applicable, the fees for the provision of services in relation to the collection of biometric information. The public policy also provides those affected by the floods with more time restore their temporary resident status, if needed.

The granting of these exemptions reduces barriers to work or study for affected individuals in a period of crisis. It also offers flexibility to foreign nationals who may face challenges accessing their temporary resident documents or restoring temporary resident status for those whose status expired during this emergency.

Therefore, I hereby establish that there are sufficient public policy considerations that justify the granting, pursuant to 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 set out below.

Conditions (eligibility requirements) applicable to foreign nationals directly affected by the floods in Nova Scotia

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

1. The foreign national
   1. has valid temporary resident status;
   2. had immigration documents lost or destroyed in the floods in affected areas of Nova Scotia; and
   3. has made an application to obtain a replacement status document by November 30, 2023;
2. The foreign national
   1. is in Canada as a visitor and had valid temporary resident status on July 22, 2023 which expires by November 30, 2023;
   2. has been directly affected by the floods in affected areas of Nova Scotia; and
   3. is applying by November 30, 2023 for
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations; or
      2. restoration of their temporary resident status under section 182 of the Regulations;
3. The foreign national
   1. is in Canada and had valid temporary resident status and a valid work permit on July 22, 2023, which will expire by November 30, 2023;
   2. has been directly affected by the floods in affected areas of Nova Scotia; and
   3. is applying by November 30, 2023 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; or
4. The foreign national
   1. is in Canada and had valid temporary resident status and a valid study permit on July 22, 2023 which expires by November 30, 2023;
   2. has been directly affected by the floods in affected areas of Nova Scotia; and
   3. is applying by November 30, 2023 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.

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 an application processing fee for the replacement of an immigration document.

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.
• 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.
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.

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.
• 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.
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.

For foreign nationals who meet condition 4:

• The requirement in section 182 – for a visitor, worker or student to apply for restoration within 90 days after losing temporary resident status.
• 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.
• 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.
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.

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.

Effective Date and Expiration

This public policy comes into effect 3 days after signature, and applies to applications received on or after the date it comes into effect.

This public policy expires on November 30, 2023. It may be revoked at any time without prior notice.