Ontario Refugee Work Permits: Potential Key Changes & Impacts

Since our original blog post was published, there’s been a significant policy reversal regarding work permits for asylum seekers in Ontario. Ontario Premier Doug Ford initially said Ontario would issue work permits to asylum seekers to bypass federal delays, claiming wait times could be up to two years. However, he quickly reversed this plan, stating the province will not take over this responsibility from the federal government. The federal government says the average processing time for work permits is about 45 days. Ford now says he wants to work with Ottawa to improve processing but won't proceed with provincial permits. Below you can find the original version of the post.

Ontario's Work Permits for Asylum Seekers: A New Policy Direction

Ontario’s July 2025 announcement to issue provincial work permits for refugees marks a watershed moment in Canadian immigration. Invoking Section 95 of the Constitution Act, the province aims to let asylum seekers enter the workforce during lengthy federal processing delays. This guide explains the legal basis, implementation roadmap, benefits, and challenges for claimants and employers.

1. Legal Basis for Ontario Refugee Work Permits: Section 95 Immigration Authority

Section 95 of the Constitution Act grants provinces concurrent jurisdiction over immigration, provided provincial laws are not “repugnant” to federal statutes. Ontario will draft regulations enabling work permits valid only within provincial boundaries—drawing inspiration from Quebec’s exclusive selection powers under the 1991 Canada-Quebec Accord.

2. Why Ontario Is Acting Now

Ontario’s initiative responds to several pressing issues:

• Processing Backlog: Over 144,000 asylum claims in 2023 have created two-year federal work-permit delays.

• Humanitarian Costs: Approximately 100,000 claimants are housed in hotels, costing provincial taxpayers millions.

• Labour Shortages: There are critical gaps in healthcare, hospitality, construction, and skilled trades.

  
  

3. How Provincial Permits Will Work

• Eligibility: Pending asylum claimants outside Quebec will be eligible.

• Validity: Employment authorization will be valid in Ontario only, limited to sectors defined by provincial regulations.

• Duration: The permits will align with federal claim-processing timelines and will be renewable if the claim remains active.

• Application Process: An online portal managed by the Ministry of Labour, Training and Skills Development will facilitate the application process.

  
  

4. Benefits for Claimants and Employers

| Stakeholder | Benefit |

|-------------------------|--------------------------------------------------------------|

| Refugee Claimants | Legal work status, financial independence, Canadian work experience |

| Employers | Access to new labour supply, reduced recruitment costs |

| Provincial Economy | Increased tax revenue, reduced social assistance spending, boosted GDP |

5. Implementation Roadmap

1. Constitutional Analysis: Confirm that provincial regulations do not conflict with federal IRPA.

2. Legislative Drafting: Pass provincial regulations under the Ontario Immigration Act.

3. IT Infrastructure: Develop a permit-issuance system linked to federal IRCC databases.

4. Pilot Phase: Initiate a limited rollout to select regions and sectors.

5. Full Launch: Implement province-wide permit issuance once pilot programs succeed.

   
   

6. Potential Challenges

• Federal Pushback: Ensuring cooperation with IRCC to avoid jurisdictional conflicts will be crucial.

• Operational Complexity: Building new digital platforms and training staff presents significant challenges.

• Policy Alignment: Balancing refugee integration goals with labour-market needs is essential.

• Public Perception: Addressing concerns about job competition and system integrity will be necessary for public support.

  
  

Conclusion

Ontario’s move to grant work permits to asylum seekers under Section 95 offers both humanitarian relief and economic gains. By providing legal employment opportunities, the province will help refugees achieve independence and support employers facing critical labour shortages. This new policy direction is a significant step towards creating a more inclusive and productive workforce in Ontario.

The complexities of the immigration process can be daunting, but with the right guidance, it can be navigated successfully. If you're looking for assistance, consider reaching out to professionals who can help you understand your options and make informed decisions.