An Ontario Social Benefits Tribunal has ruled that a man who has lived in Canada without legal immigration status for more than two decades is eligible to receive financial assistance through the Ontario Works program.

According to the tribunal decision, the applicant entered Canada in 1997 on a temporary work permit that expired after four years, but he remained in the country and supported himself through cash jobs until 2023, when he became homeless and sought provincial social assistance.Ontario Works initially denied his application because he lacked legal immigration status.

During the appeal, the tribunal heard that an intake worker deliberately chose not to conduct an immigration status search to avoid potentially affecting the applicant's situation in Canada.The tribunal accepted that the man had no legal status but focused on the wording of the Ontario Works Act rather than federal immigration law.The legislation specifically excludes visitors, tourists, and people subject to a deportation or enforceable removal order from receiving benefits.

Tribunal adjudicator Eric Brown concluded that the applicant did not fit the definitions of a visitor or tourist after living in Canada for many years and noted that there was no evidence of an enforceable removal order against him.

As a result, the tribunal determined that legal immigration status is not, by itself, a requirement for eligibility under the current wording of the provincial legislation.The decision overturned the denial of benefits and declared the applicant eligible for Ontario Works.

The ruling has drawn attention because it highlights how the legislation is interpreted and raises broader public policy questions about the relationship between provincial social assistance rules and federal immigration enforcement.Neither the applicant's lawyer nor Ontario's Ministry of Children, Community and Social Services provided comment before publication.