Ministerial Instructions regarding the issuance of Temporary Resident Permits to victims of human trafficking

Pursuant to subsection 24(3) of the Immigration and Refugee Protection Act, and in conformity with the authority delegated to me under item 13 in the delegation instrument signed by the Minister of Citizenship and Immigration on December 12th, 2005, I, Malcolm Brown, Assistant Deputy Minister, Strategic and Program Policy, hereby issue the following instructions:

Officers who are conducting assessments of foreign nationals to determine if they are victims of trafficking in persons are justified in issuing:

1. (1) A short-term temporary resident permit lasting up to 180 days, in cases where the officer is only able to make a preliminary assessment that the individual may be a victim of trafficking in persons. The criteria used in the preliminary assessment to verify whether the individual may be a victim of trafficking in persons include indications that:
   1. The recruitment of the individual was fraudulent or coerced, and for the purposes (actual or intended) of exploitation;
   2. The individual was coerced into employment or other activity;
   3. The conditions of employment or any other activity were exploitive; or
   4. The individual’s freedom was restricted.

1. (2) In these cases, the officer may issue a short-term temporary resident permit lasting up to 180 days for any of the following purposes:
   1. To provide a period of reflection for victims of trafficking in persons to further consider their options for returning home or to allow time to decide if they wish to assist in the investigation of the trafficker or in criminal proceedings against the trafficker;
   2. To allow victims of trafficking in persons to recover from physical and/ or mental trauma (e.g. counseling and/or medical treatment may be necessary);
   3. To allow victims of trafficking in persons to escape the influence of traffickers so that they can make an informed decision on a future course of action;
   4. To facilitate the participation of victims of trafficking in the investigation or prosecution of an alleged TIP offence in Canada, or otherwise assist authorities.
   5. For any other purpose the officer may judge relevant to facilitate the protection of vulnerable foreign nationals who are victims of human trafficking.
2. A longer-term temporary resident permit, or a subsequent temporary resident permit, in cases where a more complete verification of the facts provide reasonable grounds for the officer to believe that the individual is a victim of trafficking in persons. The officer should consider the following factors in deciding whether to issue a longer-term temporary resident permit:
   1. Whether it is reasonably safe and possible for the victims to return to and to re-establish a life in the country of origin or last permanent residence;
   2. Whether the victims are needed, and willing, to assist authorities in an investigation and /or in criminal proceedings of a trafficking offence.
   3. Any other factor that in the opinion of the officer justifies, in the circumstances, issuing a temporary resident permit.

The objective of these instructions is to provide protection to vulnerable foreign nationals who are victims of human trafficking, by regularizing their status in Canada, when appropriate.

Ministerial Instructions Regarding the Issuance of Temporary Resident Permits to Victims of Human Trafficking, signed on May 4, 2006, are no longer in force, and are replaced by these instructions.

Original signed by Malcom Brown, Assistant Deputy Minister, on June 12, 2007.