Temporary public policy for foreign nationals in Canada affected by wildfires in 2024

Background

Every year, typically between May and September, wildfires burn in Canada’s forests. Last year, Canada experienced wildfires of an unprecedented magnitude across the country, and firefighters from around the world were called in for support. Many Canadian residents lost their homes and livelihoods. Based on early modeling of weather trends, the Government of Canada forecasts a potentially catastrophic 2024 wildfire season and is proactively preparing to respond.

Public policy considerations

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 (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 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 or visa counterfoil;
2. The foreign national is in Canada as a visitor, has been directly affected by a wildfire, had valid status on July 19, 2024 which expires by November 30, 2024, and is applying 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, had valid status and a valid work permit on July 19, 2024, which will expire by November 30, 2024, and is applying 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 July 19, 2024 which expires by November 30, 2024, and is applying 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; or
5. The foreign national:
   1. is in Canada with valid status and a valid employer-specific work permit issued under subparagraphs 200(1)(c)(ii.1) or 200(1)(c)(iii) of the Regulations;
   2. has been directly affected by a wildfire and is unable to attend their authorized place of employment on account of that wildfire; and
   3. is applying for:
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations, and
      2. a work permit under section 200 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.

For foreign nationals who meet condition 5:

• Paragraph 200(1)(c) – the requirement to be described under this paragraph of the Regulations;
• Subsection 299(1) – the requirement to pay an application processing fee for a work permit;
• 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 on July 19, 2024 and applies to applications received on or after the date it comes into effect.

This public policy expires on November 30, 2024. It may be revoked at any time without prior notice.