I-0.2.1, r. 6 - Special program for asylum seekers during COVID-19

Updated to 12 December 2023

This document has official status.

chapter I-0.2.1, r. 6

Special program for asylum seekers during COVID-19

Québec Immigration Act

(chapter I-0.2.1, ss. 9, 34 and 58).

1. A foreign national may be selected by the Minister under the Special program for asylum seekers during COVID-19 if the foreign national meets the following conditions:

(1)  the foreign national’s application for permanent residence is processed in Canada under section 25.2 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27);

(2)  the foreign national has held eligible employment in Canada for a period of at least 750 hours before 1 September 2021, including 120 hours of actual work between 13 March 2020 and 14 August 2020.

O.C. 1293-2020, s. 1.

2. For the purposes of this program, eligible employment means any of the following professions according to the National Occupational Classification, practiced in the health sector, with any related conditions:

(1)  home support workers, housekeepers and related occupations (code 4412), but only when mainly performing one or more of the following duties:

(a)  providing care to individuals during periods of incapacitation, convalescence or family disruption;

(b)  administering bedside and personal care to clients such as aiding in ambulating, bathing, personal hygiene, dressing and undressing;

(c)  performing routine health-related duties such as changing non-sterile dressing, assisting in the administration of medications and collecting specimens under the general direction of home care agency supervisors or nurses;

(2)  nurse aides, orderlies and patient service associates (code 3413);

(3)  nursing co-ordinators and supervisors (code 3011);

(4)  registered nurses and registered psychiatric nurses (code 3012);

(5)  licensed practical nurses (code 3233);

(6)  allied primary health practitioners (code 3124).

A training period in the health sector under a program of studies leading to eligible employment or to meet requirements related to the performance of eligible employment, where the employment is governed by a professional order in Canada, is considered to be eligible employment.

O.C. 1293-2020, s. 2.

3. A foreign national who has held eligible employment in Canada between 13 March 2020 and 14 August 2020 may be selected by the Minister if the foreign national meets the condition set out in paragraph 1 of section 1, but is unable to meet the other conditions of the program because the foreign national has contracted COVID-19 or is subject to a measure for preventing COVID-19.

O.C. 1293-2020, s. 3.

4. A foreign national who is the widow or widower of an asylum seeker who has held eligible employment in Canada between 13 March 2020 and 14 August 2020, may be selected by the Minister if the condition set out in paragraph 1 of section 1 is met and if the asylum seeker has died from COVID-19.

O.C. 1293-2020, s. 4.

5. Despite paragraph 1 of section 111 of the Québec Immigration Regulation (chapter I-0.2.1, r. 3), a selection decision rendered under this program has not lapsed where the foreign national is subject to a removal order for which there is no stay, within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27).

O.C. 1293-2020, s. 5.

AMENDING

O.C. 1293-2020.

6. (Amendment integrated into c. I-0.2.1, r. 3, s. 61).

O.C. 1293-2020, s. 6.

FINAL

O.C. 1293-2020.

7. (Omitted).

O.C. 1293-2020, s. 7.

REFERENCES

O.C. 1293-2020, 2020 G.O. 2, 3240