Humanitarian and Compassionate (H&C) Exemptions Not Allowed for PR Applications under Temporary Public Policies
Fast summary: what changed and why it matters
On July 22, 2026, Immigration, Refugees and Citizenship Canada (IRCC) issued instructions clarifying that officers may not grant humanitarian and compassionate (H&C) exemptions to requirements that come from temporary public policies when deciding in‑Canada permanent residence (PR) applications. If an applicant asks for H&C relief to waive a condition set by a temporary public policy, the officer must refuse the public policy application. That refusal will not include a separate H&C decision; anyone seeking H&C relief must file a new, standalone H&C PR application.
How this fits with the law
IRCC’s instructions rely on subsection A25(1) of the Immigration and Refugee Protection Act (IRPA), which directs officers to consider H&C exemptions from requirements “within the Act.” That statutory power does not extend to eligibility conditions created by temporary public policies, so officers cannot use A25(1) to waive those policy requirements.
What temporary public policies are
Temporary public policies are time‑limited, minister‑directed exceptions to normal rules. Because their conditions sit outside the Act’s statutory requirements, they are treated as distinct eligibility criteria that must be met unless the policy itself explicitly allows H&C consideration.
How the instructions will be applied
– If an H&C request seeks to cure a failure to meet a temporary public policy requirement, the officer will refuse the public policy application.
– A refusal on that basis does not trigger a separate H&C decision within the same file. Applicants who still want H&C relief must submit a new H&C PR application.
– If a temporary public policy expressly permits H&C consideration, officers may grant exemptions only if they are satisfied the applicant—or the applicant’s dependent children—would face considerable hardship.
Who should pay attention
– In‑Canada applicants using any temporary public policy.
– Dependents relied on in H&C arguments (for example, dependent children).
– Counsel and advisers preparing public policy PR applications—don’t treat H&C as a default safety net for policy non‑compliance.
Practical consequences and next steps
– Avoid including H&C requests in a public policy application to cure unmet policy requirements unless the policy explicitly allows it. Doing so risks refusal without separate H&C review.
– If you do not meet a policy requirement but have strong humanitarian grounds, prepare a separate H&C PR application instead of coupling the H&C request with the public policy file.
– Where H&C is allowed by the policy, document clear evidence of “considerable hardship” for the applicant or dependent children.
– Read the policy wording carefully to confirm whether H&C is permitted and identify which requirements originate in the Act versus the policy.
Why this clarification matters
IRCC’s guidance draws a firm line between statutory H&C discretion under IRPA and eligibility rules created by temporary public policies. That promotes consistency in decision‑making but means some applicants who previously relied on H&C to obtain waivers may now need to pursue a distinct H&C application.
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