Ministerial exemption (s 25.1 IRPA)
Statutory definition
Section 25.1 provides that the Minister may, on the Minister's own initiative, examine the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of the IRPA and may, subject to any regulations, grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations. This is distinct from s 25(1) which operates on application by the foreign national.
Explanation
The s 25.1 ministerial exemption is a "last resort" humanitarian tool for cases that have fallen through all ordinary processes. Because it is ministerially initiated, there is no application process — it is triggered by IRCC or an MP's referral. It is extremely rare and is typically used for high-profile cases involving compelling circumstances that have attracted public attention. Practitioners cannot apply for s 25.1 relief — they can advocate to the Minister's office or through parliamentary channels.