Temporary public policy for foreign nationals directly affected by the floods in British Columbia

Background

On November 15, 2021, southern British Columbia was battered with heavy rain, resulting in widespread flooding that forced the evacuation of an entire city, washed out major highways and has left many communities cut off from the rest of the province.  The Premier of British Columbia has subsequently declared the province is in a State of Emergency.

On November 17, 2021 Prime Minister Justin Trudeau spoke with the President of the Queen’s Privy Council for Canada and Minister of Emergency Preparedness, Bill Blair, about the extreme weather conditions in British Columbia and the province’s request for assistance from the Government of Canada.  Minister Blair has subsequently convened, on behalf of the Prime Minister, the Government’s Incident Response Group, noting that the emergency response is complex and requires cooperation across all levels of government.

In light of Government of Canada’s efforts, the objective of this public policy is to exempt foreign nationals in British Columbia that were directly affected by the floods and who held valid temporary resident status in Canada when the flooding began from the requirement to pay the fees associated with the re-issuance of temporary resident status documents, fees for applications to extend or restore their status as temporary residents, renew work or study permits and, where applicable, the fees for the provision of services in relation to the collection of biometric information. The objective is also to provide those affected by the floods with more time to restore their temporary resident status, if needed.

The granting of these exemptions would support those who were directly affected by the floods in British Columbia by reducing the financial barriers for seeking authorization to work or study. It would also support foreign nationals in British Columbia who may face issues in accessing their temporary resident document in these circumstances and would provide more flexibility regarding the timelines to restore temporary resident status for those whose status expired during this emergency.

Therefore, I hereby establish that there are sufficient public policy considerations that justify the granting, pursuant to section 25.2 of the Immigration and Refugee Protection Act (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) applicable to foreign nationals directly affected by the floods in British Columbia:

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the requirements of the Regulations identified below when a foreign national meets the following conditions:

1. The foreign national
   1. has valid temporary resident status;
   2. had immigration documents lost or destroyed in the floods in affected areas of British Columbia;
2. The foreign national
   1. was directly affected by the floods in British Columbia;
   2. had valid temporary resident status on November 15, 2021 which expires before May 31, 2022; and
   3. has submitted an application for:
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations;
      2. restoration of their temporary resident status under subsection 182(1) of the Regulations; or
      3. a temporary resident permit under subsection 24(1) of the Act; or
3. The foreign national
   1. was directly affected by the floods in British Columbia;
   2. had valid temporary resident status on November 15, 2021 which expires before May 31, 2022;
   3. has submitted an application for a renewal of a work permit under section 201 of the Regulations; or a study permit under section 217 Regulations; and
   4. has submitted an application for
      1. an extension of their authorization to remain in Canada as a temporary resident under section 181 of the Regulations;
      2. restoration of their temporary resident status under subsection 182(1) of the Regulations; or
      3. a temporary resident permit under subsection 24(1) of the Act;

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 an application processing fee for the replacement of an immigration document.

For foreign nationals who meet condition 2:

• Subsection 182(1) - the requirement for a visitor, worker or student to make an application to restore temporary resident status within 90 days after losing that status;
• Subsection 298(1) - the requirement to pay an application processing fee for a temporary resident permit;
• Subsection 305(1) - the requirements to pay an application processing fee for an extension of authorization to remain in Canada as temporary resident;
• 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;
• Subsection 315.1(3) – maximum fee for biometrics collection for a family.

For foreign nationals who meet condition 3:

• Subsection 182(1) - the requirement for a visitor, worker or student to make an application to restore temporary resident status within 90 days after losing that status;
• Subsection 298(1) - the requirements to pay an application processing fee for a temporary resident permit;
• Subsection 299(1) - the requirements to pay an application processing fee for a work permit;
• Subsection 300(1) - the requirements to pay an application processing fee for a study permit;
• Subsection 303.2(1) – the requirement for certain persons to pay a fee for the rights and privileges conferred by an open work permit;
• Subsection 305(1) - the requirements to pay an application processing fee for an extension of authorization to remain in Canada as temporary resident;
• 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;
• Subsection 315.1(3) – maximum fee for biometrics collection for a family;

Other Admissibility and Selection Criteria

Foreign nationals eligible under this public policy are subject to all other applicable eligibility and admissibility requirements for which they are not exempted by this temporary public policy or another public policy.

Effective Date and Expiration

This temporary public policy will take effect on the date of signature and will expire on May 31, 2022. This temporary public policy may be revoked at any time, without prior notice. Applications submitted on or after the day this temporary public policy takes effect, until the day it is revoked or expires, will be processed under the temporary public policy.