Every year, from May to September, Canada’s forests experience the wildfire season. In 2023, the country faced an unprecedented number of wildfires, drawing in firefighters from across the globe to help combat the blaze. These wildfires caused significant damage, leaving many Canadian residents homeless and without livelihoods. Based on early weather trend models, the Government of Canada is forecasting a potentially catastrophic wildfire season in 2024. Canada Temporary Public Policy
Public Policy Considerations
Wildfires create prolonged crisis situations for affected individuals. Foreign nationals, including visitors, workers, and students, can be particularly vulnerable. They may face issues such as the destruction of important immigration documents or difficulties in managing their immigration status due to the disruptions caused by wildfires. Canada Temporary Public Policy
Recognizing these challenges, the Canadian government has established a temporary public policy. This policy grants exemptions from certain requirements of the Immigration and Refugee Protection Regulations (Regulations) to foreign nationals meeting specific conditions. Canada Temporary Public Policy
Conditions (Eligibility Requirements)
Under this policy, delegated officers can grant exemptions from the Regulations when a foreign national meets one of the following conditions:
Replacement of Destroyed Immigration Documents:
- Temporary residents of Canada who are foreign nationals and have had their immigration documents destroyed in a wildfire may request a replacement status document or visa counterfoil. Canada Temporary Public Policy
Extension or Restoration for Visitors:
- Foreign nationals in Canada as visitors, directly affected by a wildfire, who had valid status on July 19, 2024, expiring by November 30, 2024, can apply for:
- A continuation of their permit to stay in Canada as a temporary resident in accordance with section 181 of the Regulations.
- Renewal of their provisional residency status as outlined in section 182 of the Regulations.
Renewal of Work Permits:
- Foreign nationals in Canada, directly affected by a wildfire, who had valid status and a valid work permit on July 19, 2024, expiring by November 30, 2024, can apply for:
- A reissuance of their employment authorization in accordance with section 201 of the regulations.
- An extension of their permission to stay in Canada as a temporary resident in accordance with section 181 of the Regulations, or the reinstatement of their temporary resident status under section 182 of the Regulations.
Renewal of Study Permits:
- Foreign nationals in Canada who were directly impacted by a wildfire and held a valid status and study permit on July 19, 2024, with an expiration date of November 30, 2024, are eligible to apply for:
- An extension of their study permit in accordance with section 217 of the regulations.
- An extension of their permission to stay in Canada as a temporary resident under section 181 of the Regulations, or a reinstatement of their temporary resident status as per section 182 of the Regulations.
Employer-Specific Work Permit Holders:
- Foreign nationals 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, directly affected by a wildfire and unable to attend their authorized place of employment, can apply for:
- A continuation of their permission to stay in Canada temporarily according to section 181 of the regulations.
- A work authorization as outlined in Section 200 of the regulations.
Regulatory Clauses Eligible for Exemption
For foreign nationals meeting specific conditions, the following exemptions from the Regulations may be granted:
For Foreign Nationals Who Meet Condition 1:
Subsection 311(2):
The requirement to pay a processing fee for the replacement of immigration documents.
For Foreign Nationals Who Meet Condition 2:
Section 182:
Individuals who lose their temporary resident status, whether they are visitors, employees, or students, need to submit their reinstatement application within 90 days.
Section 305:
The need to cover the application processing fee for extending their stay in Canada as a temporary resident, as outlined in subsection 181(1).
Subsection 306(1):
The necessity to cover the application processing fee for reinstating temporary resident status.
Subsection 315.1(1):
The need to cover costs associated with the collection of biometric data services.
For Foreign Nationals Who Meet Condition 3:
Section 182:
Visitors, workers, or students must submit a restoration application within 90 days of losing their temporary resident status.
Paragraph 200(3)(e):
A foreign national who has engaged in unauthorized employment or education in Canada, or failed to comply with relevant regulations, will not be eligible for a work permit. conditions of a previous permit or authorization unless specific criteria in 200(3)(h)(i) to (iv) are met.
Paragraph 201(1)(a):
The application to renew a work permit must be submitted prior to the current permit’s expiration.
Subsection 299(1):
The requirement to pay the application processing fee for a work permit.
Subsection 303.2(1):
The obligation to pay a fee for the benefits and entitlements granted through a work permit.
Section 305:
The obligation to submit a fee for processing the application to extend their temporary resident status in Canada, as specified in subsection 181(1).
Subsection 306(1):
The need to cover the application fee for reinstating temporary resident status.
Subsection 315.1(1):
The necessity to cover the costs associated with obtaining biometric data.
For Foreign Nationals Who Meet Condition 4:
Section 182:
An individual—whether a visitor, employee, or student—needs to apply for reinstatement within 90 days after their temporary resident status is revoked.
Paragraph 217(1)(a):
The need to submit a renewal application for a study permit prior to the permit’s expiry.
Section 221:
A study permit will not be granted to a foreign national who has either worked or studied in Canada without authorization or who has not adhered to permit conditions, unless the individual meets the specific criteria outlined in sections 221(a) to (c).
Subsection 300(1):
The necessity of covering the processing fee for a study permit application.
Section 305:
The obligation to submit the application processing fee for extending their temporary resident status in Canada as outlined in subsection 181(1).
Subsection 306(1):
The obligation to cover the application processing fee for reinstating temporary resident status.
Subsection 315.1(1):
Section 315.1(1): The obligation to compensate for services rendered in connection with the gathering of biometric data.
For Foreign Nationals Who Meet Condition 5:
- Paragraph 200(1)(c): The specifications mandated for description under this section of the regulations.
- Section 299(1): The obligation to submit a processing fee for work permit applications.
- Section 315.1(1): Obligation to cover the costs associated with the collection of biometric data.
Other Admissibility and Selection Criteria
Foreign nationals who qualify under this public policy must still meet all other legislative requirements for admissibility and selection that are not specifically waived by this or any other public policy.
Conclusion: The Canadian government’s proactive measures for the 2024 wildfire season reflect a deep understanding of the unique challenges faced by foreign nationals in crisis situations. By providing targeted exemptions and relief measures, the policy ensures that visitors, workers, and students can maintain their immigration status and focus on their safety and well-being during such difficult times.
The content shared in this blog post is intended solely for general informational purposes and should not be interpreted as legal counsel. While efforts have been made to ensure the accuracy of the content, policies and regulations may change. Readers are encouraged to consult official sources or seek professional advice for specific immigration concerns or questions. Visitincanada.com disclaims all liability for any inaccuracies or omissions in the information provided, as well as for any decisions made based on this information.
Source: www.canada.ca
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