Subject to a few exceptions, if the individual is absent from Quebec for a full calendar month, they cease to be a resident of Quebec for the purposes of income assistance.382 In addition, to receive benefits the individual or family must establish that their cash, property, earnings, benefits and income, fall short of a specific amount that is necessary to meet his or her basic needs.383 For individuals to qualify for disability assistance, also known as the Social Solidarity Program, the individual must meet the eligibility criteria above and be considered to have “severely limited capacity for employment.” “‘Severely limited capacity for employment’ means that the adult's physical or mental condition is significantly and in all likelihood permanently or indefinitely deficient or impaired and that, in view of the adult's socio-professional profile, the adult's capacity for employment is severely limited.”384 III. Assessment In 2012, the CERD observed that there were “[d]iscrepancies between provinces and territories in entitlements to social services by refugee claimants whose asylum requests have been rejected, as well as undocumented non-citizens and Stateless persons, in particular in the areas of health, social assistance and access to education.”385 Based on a review of the federal and provincial legal framework on healthcare, welfare and disability assistance, there remains inconsistency and a concern that stateless persons who could be considered “lawfully staying” may not receive the same treatment accorded to Canadian citizens. It also appears that a stateless person’s chances of receiving healthcare, welfare or disability assistance depends entirely on the province they reside and their particular immigration status. As a result, Alberta, British Columbia, Ontario and Quebec’s legislation does not appear to be compatible with Article 23 of the 1954 Convention. The primary challenge in assessing the compatibility of Canada’s legal framework with Article 23 is that there is no definitive understanding in IRPA on which permits and statuses constitute “lawfully staying”. However, based on the travaux préparatoires and section 31.1 of the IRPA, it would appear that stateless persons in possession of a valid work permit or study permit for several months, as well as persons in possession of a temporary work permit (TRP) could be considered “lawfully staying”.386 One obstacle is the IRPA explicitly denies temporary resident status to stateless persons in possession of a work or study permit when they are subject to an unenforceable removal order under s. 206(1)(b) and 215(1)(d) of the IRPA. While it could be argued that these individuals are “implicitly lawfully staying” in Canada; and therefore, should be entitled to healthcare, welfare and disability assistance, this is far from certain. Nonetheless, Individual and Family Assistance Regulation, ibid., at s. 20. Individual and Family Assistance Act, supra note 381 at ss. 48, 55; and Ibid., at Chapter III. 384 Individual and Family Assistance Act, supra note 381 at s. 70. 385 Committee on the Elimination of All Forms of Racial Discrimination, “List of the themes” 80th Sess., 26 January 2012 (CERD/C/CAN/Q/19-20), at para. 1(g), available at: http://tinyurl.com/okkm47t. 386 See definition of “lawfully staying” at Article 15 and in Annex on definitions. Furthermore, temporary resident permits are deduced to mean “lawfully staying” by virtue of s. 31.1 of the IRPA, which states: “a designated foreign national whose claim for refugee protection or application for protection is accepted is lawfully staying in Canada only if they become a permanent resident or are issued a temporary resident permit under section 24.” 382 383 80