Public policy concerning foreign nationals in Canada affected by Wildfires during the Summer of 2023

Every year, usually between May and September, wildfires burn in Canada’s forests. However, this year marks an unprecedented start to the season, with Canada already witnessing two severe wildfires in Alberta and Nova Scotia, leading to the evacuation of over 35,000 residents. The Canadian Armed Forces have been called in for support, along with firefighters from across the world. Many Canadian residents have lost their homes. Wildfires continue to burn across several provinces, threatening homes and livelihoods.

Individuals affected by wildfires can find themselves in a crisis situation for prolonged periods. Foreign nationals, such as visitors, workers, and students in those areas may be affected in multiple ways. Important immigration documents may be destroyed, or it may be difficult to manage immigration status in Canada due to the disruption caused by the wildfires.

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 September 30, 2023 from the requirements of the Regulations identified below when a foreign national meets one of the following conditions:

1. The foreign national is a temporary resident of Canada who had immigration documents destroyed by a wildfire and has made an application to obtain a replacement status document by September 30, 2023;
2. The foreign national is in Canada as a visitor, has been directly affected by a wildfire and had valid status on May 6, 2023 which expires by September 30, 2023 and is applying by September 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 is in Canada, has been directly affected by a wildfire, and had valid status and a valid work permit on May 6, 2023, which will expire by September 30, 2023 and is applying by September 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;
4. The foreign national is in Canada, has been directly affected by a wildfire, had valid status and a valid study permit on May 6, 2023 which expires by September 30, 2023 and is applying by September 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 processing fee for the replacement of immigration documents.

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.

Concepts and Definitions applicable to this Public Policy

For the purpose of this public policy, a wildfire is defined as an event that is documented in the Canadian Interagency Forest Fire Centre’s list of forest fires (https://ciffc.net/national).

Effective Date and Expiration

This public policy comes into effect 72 hours after signature, and applies to applications received on or after the date it comes into effect.

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