New social assistance rules exclude vulnerable people based on immigration status
The following information is from the Income Security Advocacy Centre (ISAC) and was published on August 20, 2026.
On August 13, 2026, the Ontario government made changes to the rules about social assistance eligibility that may affect people with temporary status or no immigration status in Canada. Ontario Works (OW) and the Ontario Disability Support Program (ODSP) are already contacting some people about their eligibility. This post has information about who is still eligible for social assistance and who might not be because of the changes.
What has changed?
The Ontario government changed the legal rules (regulations) about who can get OW and ODSP.
Under the old rules, these people were not eligible for OW or ODSP:
- Tourists
- Visitors, unless:
- They have filed a refugee claim
- They have sent in an application for permanent residence
- People with an enforceable removal order, unless:
- they cannot leave Canada for reasons wholly beyond their control or
- they have made an application for permanent residence on humanitarian and compassionate grounds (also called an H & C application)
Under the new rules, these people are not eligible for OW or ODSP:
- A person without status or a person who has temporary status in Canada, unless:
- They have filed a refugee claim
- They have sent in an application for permanent residence
- A person with an enforceable removal order, unless:
- They have made an application for permanent residence on humanitarian and compassionate grounds (also called an H & C application)
What is an enforceable removal order?
An “enforceable removal order” means the Canada Border Services Agency (CBSA) has ordered you to leave Canada and that order is not “stayed” (paused) by a court or under specific immigration laws.
It can be hard to know whether a removal order is legally enforceable. If you are in this situation and you are not sure whether your removal order is legally enforceable, try to get legal advice from an immigration lawyer. You can find your community legal clinic to ask for free legal advice here. Not all legal clinics offer immigration legal advice, but they may be able to help you find the advice you need.
Who used to be eligible but is not eligible anymore?
Before the changes, in rare cases, a person with temporary status or no status in Canada could get social assistance if they were not a tourist or visitor. For example, if they had been in Canada a long time and established a life here. That is not possible anymore. Survivors of human trafficking with temporary resident permits were also eligible. They would not be eligible under the new rules.
The old rules also allowed some flexibility when someone had no status in Canada but could not be removed from Canada for reasons beyond their control. For example, if their country of origin would not issue them a passport or if their country of origin no longer existed. The new rules seem to exclude people in these difficult situations.
We do not know yet how the change will affect people in these two situations:
- People who cannot be removed from Canada because the federal government says their country is too dangerous because of an armed conflict, natural disaster, or other temporary situation that affects the whole country.
- People who are eligible for a Pre-removal Risk Assessment (PRRA) but have not yet been offered a PRRA by CBSA.
If you are in one of these unclear situations, try to get legal advice from an immigration lawyer.
How will these changes affect me?
If you are getting OW or ODSP now but may not be allowed to get social assistance under the new rules, you may get a call or letter from your social assistance caseworker. Your caseworker could ask you to provide information about your immigration status, or they could cut off your income and health benefits.
If you are trying to apply for social assistance but you are not eligible under the new rules, OW or ODSP may deny your application.
You have options to challenge OW or ODSP’s decision to cut off or deny you benefits. But you usually only have 30 days from the date of the decision to start challenging it. If you are in one of these situations, contact your local legal clinic for advice and resources right away.
Why does this change matter?
Some people with precarious immigration status cannot be removed to their country of origin for reasons beyond their control and cannot get work permits to support themselves. The Ontario government has left these people with no option to survive. This will mean an increase in exploitative under-the-table work, homelessness, food bank use, and emergency room visits.
Social assistance is Ontario’s safety net of last resort. It provides a small amount of financial support to people with no other options to support themselves while living in Ontario. The new rules mean some people who used to qualify for social assistance will no longer have that safety net to catch them when they fall on hard times.
Everyone deserves dignity and a chance to get back on their feet. Instead of targeting some of Ontario’s most vulnerable residents, ISAC urges the government to focus on the many clear, effective changes they can make to improve social assistance for everyone who needs it, to help them get back to stability and out of poverty.