Ministerial Instructions for out-of-status construction workers in the Greater Toronto Area

The objective of these instructions is to grant foreign nationals (and their family members) applying for permanent residence under the Subsequent Temporary Public Policy to Continue to Facilitate Access to Permanent Resident Status for Out-of-Status Construction Workers in the Greater Toronto Area, the Temporary Public Policy to Further Facilitate Access to Permanent Resident Status for Out-of-Status Construction Workers in the Greater Toronto Area or the Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area the authorization to remain in Canada, when applicable, while their application for permanent residence is processed.

Pursuant to subsection 24(3) of the Immigration and Refugee Protection Act (Act), I hereby issue the following instructions which will take effect on January 3, 2023. These Ministerial Instructions will supersede and terminate the Ministerial Instructions for Out-of-Status Construction Workers in the Greater Toronto Area that came into effect on July 30, 2021.

An officer assessing an application for a Temporary Resident Permit (TRP) for a foreign national who has submitted an application for permanent residence under the Subsequent Temporary Public Policy to Continue to Facilitate Access to Permanent Resident Status for Out-of-Status Construction Workers in the Greater Toronto Area, the Temporary Public Policy to Further Facilitate Access to Permanent Resident Status for Out-of-Status Construction Workers in the Greater Toronto Area or the Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area should consider issuing a TRP, valid for at least six months, if they are of the opinion that it is justified in the following circumstances:

• The foreign national (and family members) are inadmissible only pursuant to any of the following: paragraphs 40(1)(a), 41(a), and section 42 of the Act, and for no other reasons than overstaying their temporary resident status and working without authorization (for family members specifically, for no other reasons than overstaying their temporary resident status working or studying without authorization); and
• The application for permanent residence includes a referral letter from the Canadian Labour Congress attesting that the applicant meets the public policy conditions (eligibility requirements).

Family members are defined as persons who meet the definition of a “family member” in subsection 1(3) of the Immigration and Refugee Protection Regulations (Regulations) as assessed by a delegated officer.

Should additional inadmissibilities be discovered during the processing of the application for permanent residence, an officer may cancel this TRP and prepare a report under section 44 of the Act.

A TRP may be cancelled, as per subsection 24(1) of the Act, at any time and there is no guarantee that it will be valid for the entire duration of the processing of the permanent resident application or that a subsequent TRP will be issued. A TRP holder must leave Canada upon cancellation of their TRP by an officer. A TRP is no longer valid if the TRP holder becomes a permanent resident of Canada, leaves Canada and does not have authorization to re-enter, or if other situations described in section 63 of the Regulations occur.

A TRP does not void, stay, or otherwise suspend the enforcement of a removal order, whether that removal order was issued before or after the foreign national applied under the public policy.

The Honourable Sean Fraser, P.C., M.P.
Minister of Citizenship and Immigration
Dated at Ottawa, this 22 day of December, 2022