IRCC Deputy Minister Transition Binder 2026 - Humanitarian and Compassionate Programs

Context

Discretionary authorities under sections 25, 25.1 and 25.2 of the Immigration and Refugee Protection Act (the Act) allow the Minister to grant permanent residence or an exemption from obligations or requirements of the Act based on humanitarian and compassionate (H&C) or special measures considerations to foreign nationals who do not meet the requirements of the Act or are inadmissible. These provisions are viewed as the legislation’s “safety net.”

Background

• Discretionary authorities allow the Minister to address exceptional circumstances by granting permanent residence or an exemption from certain criteria or obligations of the Act, which includes the Immigration and Refugee Protection Regulations (the Regulations).
• H&C Considerations: H&C considerations allow for facilitation in exceptional and compelling circumstances on an individual basis. They can be requested by individuals (A25) in the context of a permanent residence application, or used on the Minister’s (or delegates’) initiative (A25.1), to grant permanent residence or exemptions on a case-by-case basis. H&C cannot be used to overcome the most serious inadmissibilities—security, human or international rights violations, sanctions, organized criminality.
  • Overseas H&C: Applicants can request H&C as part of an existing permanent residence application.
  • In-Canada H&C: Applicants can apply for H&C directly in Canada. H&C can also be requested as part of an application under another pathway.
• Special Measures Considerations: The Minister also has the authority to establish public policies to grant permanent residence or exempt applicants from provisions of the Act or Regulations under section 25.2 of the Act to support the national interest. Once the Minister establishes a public policy, usually for a group of individuals in similar circumstances, delegated officers assess applicants against the conditions of the public policy. This authority may be used to facilitate temporary or permanent residence and has been used to respond to humanitarian situations.

Impacts

• Both authorities are useful and effective tools to address situations where special consideration is needed. However, increased demand, limited space in the Immigration Levels Plan, and stakeholder pressure have resulted in operational challenges, growing inventories and long wait times for many clients.

Current Program

• There has been an increase in demand for in-Canada H&C in recent years as more foreign nationals without a viable path to permanent residence under other pathways wish to stay in Canada in the longer term.
• Examples of special measures launched in recent years developed in response to emerging crises and political instability include:
  • Americas: Facilitates permanent residence for certain Colombian, Haitian, and Venezuelan nationals with family in Canada. Intake has closed and nearly all applications have been processed.
  • Hong Kong: Facilitates permanent residence for certain Hong Kong residents in Canada. Intake will continue until August 2026, and processing of applications is underway.
  • Sudan: Facilitates permanent residence for certain foreign nationals affected by the conflict in Sudan with family in Canada. Intake has closed and processing of applications is underway.
  • Ukraine: Facilitates permanent residence for certain Ukrainian nationals with family in Canada. Intake has closed and processing of applications is underway.
• Admissions for H&C considerations from within Canada and most pathways established via special measures draw from the H&C and Other category of the Levels Plan.

Recent Developments

• Processing Times and Available Admissions Space: The processing times for many special measures in-Canada H&C applications are increasing due to high demand, limited intake controls, and low admissions targets.
• Maintaining Status for in-Canada Cohorts: Growing wait times for certain permanent residence pathways targeting temporary residents in Canada from Ukraine and Hong Kong have led to a need for additional facilitation to ensure these individuals can remain in Canada legally while their application is processed [Redacted]

Upcoming milestones

• [Redacted]
• Continue to process applications in line with admissions targets, while focusing on bringing overseas clients to safety and mitigating the impacts of lengthy processing times on in-Canada cohorts, as necessary.