(TRP), waiting for a final decision on your claim for refugee status (or status as a Person in Need of Protection), or be under a deportation or removal order that cannot be executed.362 In order to be eligible for disability employment assistance (“PWD”), the person must be at least 18 years of age. The person must also demonstrate that they have a severe mental or physical impairment that is likely to continue for at least 2 years and restricts their ability to perform daily living activities continuously, or periodically for extended periods, and as a result, the person requires help to perform those activities.363 In addition, the person must meet the same citizen requirements described above under the BCEA program.364 d. Ontario Legal Framework Ontario Health Insurance Plan In Ontario, every person who is a resident of Ontario is entitled to be insured under the Ontario Health Insurance Plan (“OHIP”).365 In order to be considered a “resident” a person must have an “eligible status” and have their “primary place of residence” in Ontario.366 An eligible status for the purposes of being insured under OHIP include: • Being a Canadian citizen, • Being a landed immigrant or permanent resident under the IRPA, • Being registered as an Indian under the Indian Act, • Being a “protected person” under the IRPA, • Being a person who is eligible to apply for permanent residence and has submitted an application for permanent residence in Canada, even if the application has not yet been approved or denied, • Being a person who holds a valid work permit or other document issued under the IRPA, that permits the person to work in Canada for no less than 6 months, • Being a person who holds a valid work permit or other document issued under the IRPA that permits the person to work at an occupation in Canada while self-employed for no less than six consecutive months. • Being a member of the clergy of a religious denomination or a spouse or dependent of the member of the clergy, if the member has finalized an agreement to minister to a religious congregation or group in Ontario for at least six months, as long as the member, spouse and dependent is legally entitled to stay in Canada, • Having a valid temporary resident permit (TRP) under the IRPA, if the permit is for a member of an “inadmissible class”, • Being a person who is eligible to apply for citizenship and has submitted an application for Canadian citizenship, even if the application has not yet been approved or denied. Ibid., at s. 7(1). Employment and Assistance for Persons with Disabilities Act, SBC 2002, c 41, at s. 2(2), available at: http://canlii.ca/t/520xp. 364 Employment and Assistance for Persons with Disabilities Regulation, BC Reg 265/2002, at s. 6(1), available at: http://canlii.ca/t/52fhs. 365 Health Insurance Act, RSO 1990, c H.6, at s. 11(1), available at: http://canlii.ca/t/l352. 366 General, RRO 1990, Reg 552, at s. 1.3(1), available at: http://canlii.ca/t/52f7d [OHIP Regulations] 362 363 76