With refugee claimants now getting work permits fairly quickly and housing being less of a pain point, why do Canada’s premiers want to seize power from Ottawa to issue work permits?
This week, the provincial leaders emerged from the premiers’ meeting united in seeking the powers under the Constitution to issue work authorization to asylum seekers, which is currently under the federal government’s jurisdiction.
The reason behind the move, Premier Doug Ford said Wednesday, is that a lot of asylum seekers living in hotels would like to work and be self-sufficient, but can’t because it’s taking too long for Ottawa to process their work permits.
While any initiative that would help claimants to get on their feet and start working as quickly as possible is positive, ÎÚÑ»´«Ã½Â refugee lawyer Adam Sadinsky isn’t sure if that push is based on “outdated information.” (The Immigration Department’s website shows work permit application processing for non-refugees currently takes 181 days.)
“It was an issue a couple of years ago,” said Sadinsky, whose clients in Canada generally now receive their work permits in about six weeks. “In my practice, I haven’t seen that it is really a significant issue anymore.”
Section 95 of the Constitution Act outlines the concurrent jurisdiction of the Canadian Parliament and provincial legislatures including immigration, education and health care. It states that both levels of government can make laws in these areas, but in a conflict, federal laws prevail.Â
In fact, the two levels of governments have already shared jurisdiction in some areas of immigration. The provincial nominee immigration programs, for example, allow provinces to select prospective permanent residents for Ottawa’s stamp of approval.
Currently, the only provincial-based work permits are those related to the provincial nominee program, where the province can approve the work authorization of a selected candidate, who will ultimately get the permit from the federal government.
“The provinces and the feds have worked together,” said ÎÚÑ»´«Ã½ immigration lawyer Rick Lamanna on behalf of the Canadian Immigration Lawyers Association.Â
But could it be just a bluff from the premiers?
“We’ll know more if or when you start to see things coming out, whether it’s from Ontario or Alberta or other provinces, putting more meat on those bones,” Lamanna said.Â
“When you start to see logistical plans, if they start opening up stakeholder consultations, if they make announcements like expansion of Service Ontario to facilitate the issuance of these permits, I think that’s when we’ll know.”Â
In a statement to the Star, the Immigration Department said claimants must submit a completed application, including a medical exam, and are determined to be eligible to seek protection before they are issued a work permit. On average, it now takes 45 days to process.
Officials have also found more sustainable and cost-effective solutions such as the new refugee reception centre in Peel to house and support asylum seekers.
As of July 2025, the government has rooms leased in one hotel in Quebec and four others in Ontario, with a total of 485 asylum claimants, said the department, down from 7,800 last year. It added that the number of new claims received has been down 40 per cent so far compared to 2024.
“The Government of Canada will continue to work collaboratively with provinces and territories to achieve our shared economic immigration objectives,” it said, adding that the department cannot speculate about future immigration agreements with provinces.
While it’s too early to say if granting work permits to asylum seekers would open the door for provinces to bypass Ottawa in bringing in foreign workers and giving international students work authorization, Lamanna said there are competing visions and interests between the two levels of governments.
Faced with public outcry over Canada’s capacity to accommodate soaring population growth, Ottawa has reduced admissions of both permanent and temporary residents, axing the annual permanent resident quota under the provincial nominee immigration program by half.
With their post-secondary education institutions struggling with significantly reduced international student enrolment and tuition revenues, provinces are also concerned about securing a strong labour pool to ease pressure on wages and fill skill shortages to make employers happy.
Immigration lawyer Barbara Jo Caruso said she’s not surprised provinces are trying to wield more control over immigration with so much at stake, but raising the argument about asylum seekers is questionable.
“It’s interesting and a little bit sad that (Ford) made the refugee claimants the focus here,” said Caruso, a cofounder of the Canadian Immigration Lawyers Association, who calls the manoeuvring “a power play.”
“I don’t think that’s Mr. Ford’s end game here. It was deliberate because he can generate public support for what he’s trying to accomplish, because people are not going to be happy to hear about folks in hotel rooms and being fed and a roof over their head and not out working.”
Offloading work permits to provinces could save Ottawa some administrative costs but also create potential processing chaos and jeopardize the integrity of the process.
“Any time you deal with a decentralized structure, things can get lost between one level and another,” said Lamanna. “That’s why co-ordination is very key.”Â
To join the conversation set a first and last name in your user profile.
Sign in or register for free to join the Conversation