Ministerial Instructions 78 (MI78): Ministerial Instructions regarding the issuance of Temporary Resident Permits to certain Indigenous persons and their family members

Objective

By these instructions, the Department of Citizenship and Immigration Canada (the Department) recognizes the following as it pertains to Indigenous persons:

• The introduction of international borders has had profound impacts on First Nations, Inuit, and Métis communities, with ripple effects across many aspects of their lives – familial connections, governance, traditional practices, language preservation, kinship, cultural ties, and economic opportunities.
• Concerns with respect to mobility of Indigenous peoples across Canada’s international borders with the United States (U.S.) and Greenland (Denmark), have long been expressed by Indigenous peoples.
• The United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) Action Plan Measure 52 under the Shared Priorities chapter (APM SP52) committed the Government of Canada to: pursuing legislative amendments to the Immigration and Refugee Protection Act (the Act), amendments to relevant Immigration and Refugee Protection Regulations (the Regulations), and revisions to policies in order to address complex border crossing and migration challenges faced by Indigenous peoples.
• Reuniting families is a priority for the Government of Canada and a key objective of the Act.

The objective of these instructions is for officers to consider granting Indigenous persons (and their eligible family members) a temporary resident permit to authorize them to enter or remain in Canada as a temporary resident. These Ministerial Instructions primarily apply to Indigenous persons physically present in Canada who entered Canada and never obtained temporary resident status under the Act.

Interpretation

The following definitions apply in these Instructions:

“family member” is a person who meets the definition of a “family member” in subsection 1(3) of the Regulations as assessed by the officer.

“Indigenous person” is defined as a foreign national who meets the criteria set out in Annex A and is not a Canadian citizen, nor a permanent resident nor a person registered under the Indian Act.

Instructions

Pursuant to subsection 24(3) of the Act, I hereby issue the following instructions:

1. Officers who are conducting an assessment of an Indigenous person who is inadmissible to determine if a temporary resident permit would be justified in the circumstances, shall consider issuing a Temporary Resident Permit, valid for at least six months and up to three years, to that person, when the following circumstances are present.

The Indigenous person:

1. is described in Annex A of the Ministerial Instruction;
2. is the spouse, common-law partner, child, step-child, daughter-in-law, son-in-law, grandchild, great-grandchild, parent, step-parent, parent-in-law, grandparent, great-grandparent, sibling, step-sibling, aunt, uncle, niece or nephew of a person who resides in Canada and is a Canadian Citizen, permanent resident or a person registered under the Indian Act; and
3. is inadmissible, pursuant only to one or more of the following provisions of the Act: section 38; section 39; paragraph 40(1)(a) for reasons related to their entry to Canada, overstaying their temporary resident status, or working or studying without authorization; or paragraph 41(a).

2. Officers who are conducting an assessment of a family member of an Indigenous person to determine if a temporary resident permit would be justified in the circumstances, shall consider issuing a Temporary Resident Permit, valid for at least six months and up to three years, to that person, when the following circumstances are present.

The foreign national:

1. is a family member, per the definition in subsection 1(3) of the Regulations, of a person who
   1. is described in Annex A of the Ministerial Instruction;
   2. is the spouse, common-law partner, child, step-child, daughter-in-law, son-in-law, grandchild, great-grandchild, parent, step-parent, parent-in-law, grandparent, great-grandparent, sibling, step-sibling, aunt, uncle, niece or nephew of a person who resides in Canada and is a Canadian Citizen, permanent resident or a person registered under the Indian Act; and
   3. has been facilitated under the Temporary public policy to exempt certain Indigenous persons and their family members from temporary residence requirements or has been issued a Temporary Resident Permit under section 24 of the Act; and
2. is inadmissible pursuant only to one or more of the following provisions of the Act: section 38; section 39; paragraph 40(1)(a) for reasons related to their entry to Canada, overstaying their temporary resident status or working or studying without authorization; or paragraph 41(1)(a).

In determining whether a subsequent temporary resident permit for an Indigenous person or family member of an Indigenous person is justified, officers should consider the factors in parts 1. or 2. above, as applicable.

Coming into effect

These Instructions come into force on October 10, 2024.

Annex A

The objective of these temporary measures is to help reunite certain Indigenous persons with members of their family who already have a right to enter to Canada, i.e. Canadian Citizens, Permanent Residents or persons registered under the Indian Act, while a more permanent solution is developed and implemented. Below are the initial populations that will be eligible under this public policy. The list is based on cases of Indigenous families who have long been separated by Canada’s international border that have been brought to IRCC’s attention. IRCC will continue to hold discussions with First Nations, Inuit and Métis partners and additional groups may be added to this list in the future.

1. Indigenous persons who are not Canadian citizens, nor permanent residents nor persons registered under the Indian Act and who are:

1. born in the United States of America or who are citizens of the United States of America and who are:
   1. Members of a Federally Recognized Tribe in the U.S., as defined by the Federally Recognized Indian Tribe List Act (108 Stat. 4791, 4792); or
   2. Citizens of the Manitoba Métis Federation (citizenship in MMF precludes being a member of a Federally Recognized Tribe in the U.S.).