there is an argument to be made that allowing stateless persons in possession of a work permit
under section 206(1)(b) to access public healthcare and social assistance benefits is fair
consideration for being gainfully employed and paying taxes towards these public services.
a. Healthcare
The following discrepancies illustrate that Canada’s legal framework on healthcare may not be
compatible with Article 23 of the 1954 Convention. First, the Government of Alberta states that
not all work or study permits will mean that a foreign national is eligible for healthcare insurance
in the province. It is not clear whether this refers to work and study permits issued to persons
subject to an unenforceable removal order pursuant to sections 206(1)(b) and 215(1)(d) of the
IRPA. In addition, in Alberta there is no mention of whether individuals issued a TRP under
section 24(1) are eligible for healthcare, even though they could be considered “lawfully
staying”. Second, in British Columbia persons with work or study permits of at least 6 months
are eligible for public health insurance, but it is not clear whether this eligibility extends to
persons issued work and study permits under sections 206(1)(b) and 215(1)(d) of the IRPA, since
such persons are not given temporary resident status. In British Columbia, it is also not certain
whether persons in possession of a TRP are eligible despite those persons being considered
“lawfully staying”. Third, in Ontario persons with a TRP, or a work permit of at least six-months
are eligible for healthcare coverage. However, it is not clear whether foreign nationals with a
work permit under section 206(1)(b) are eligible for healthcare. Also, foreign nationals with a
study permit appear to be ineligible for health insurance coverage entirely in Ontario. Fourth,
Quebec does not clearly provide that persons with a work or study permit under sections
206(1)(b) and 215(1)(d), or persons with a TRP, are eligible for public healthcare.
Finally, the IFHP does not fill the gap for the persons described above, unless they fall within the
limited categories of people eligible for the IFHP. The IFHP does not provide coverage
comparable to that available for Canadian nationals for foreign nationals who are on work or
study permits of any duration, are subject to an unenforceable removal order, or are persons with
a TRP under s. 24(1) of the IRPA. Curiously, persons issued a TRP under section 24(3) of the
IRPA because they are victims of human trafficking are eligible for the IFHP. Persons issued a
TRP under 24(1) are eligible for healthcare only in Ontario.
b. Welfare and Disability Assistance
With respect to welfare and disability assistance, all provinces exclude persons with a study or
work permit. In addition, the following inconsistencies are noteworthy. First, in Alberta a foreign
national with a TRP is eligible for welfare and disability assistance. However, foreign nationals
subject to an unenforceable removal order and foreign nationals who have submitted an
application for permanent residence on H&C grounds are not eligible for welfare and disability
assistance in Alberta. Second, in British Columbia foreign nationals with a TRP, and persons
subject to an unenforceable removal order are eligible for welfare and disability assistance.
Third, in Ontario foreign nationals who have submitted an application for permanent residence
on H&C grounds, and persons subject to an unenforceable removal order are eligible for welfare
and disability assistance. However, persons with a TRP are not eligible. Finally, in Quebec
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