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 81 81

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents