Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2017-11-20 and last amended on 2017-10-24. Previous Versions

List of Employers

Marginal note:Publication of employer’s information
  •  (1) If an officer or the Minister of Employment and Social Development makes a determination under subsection 209.996(1) or (2) in respect of an employer, the Department or that Minister, as the case may be, must add the information referred to in subsection (2) to the list referred to in that subsection, except if the officer or that Minister issues a warning to the employer in accordance with paragraph 209.996(4)(d).

  • Marginal note:Content of list

    (2) A list is posted on one or more Government of Canada websites and includes the following information:

    • (a) the employer’s name;

    • (b) the employer’s address;

    • (c) the criteria set out in subclause 200(1)(c)(ii.1)(B)(I) or subparagraph 203(1)(e)(i) that were not satisfied or the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 with which the employer failed to comply, as the case may be;

    • (d) the day on which the determination was made;

    • (e) the eligibility status of the employer;

    • (f) if applicable,

      • (i) the administrative monetary penalty amount, and

      • (ii) the ineligibility period of the employer.

  • SOR/2015-144, s. 8.

PART 12Students

DIVISION 1General Rules

Marginal note:Class

 The student class is prescribed as a class of persons who may become temporary residents.

Marginal note:Student

 A foreign national is a student and a member of the student class if the foreign national has been authorized to enter and remain in Canada as a student.

Definition of designated learning institution

 In this Part, designated learning institution means

  • (a) the following learning institutions:

    • (i) a learning institution that is administered by a federal department or agency,

    • (ii) if a province has entered into an agreement or arrangement with the Minister in respect of post-secondary learning institutions in Canada that host international students, a post-secondary learning institution located in the province that is designated by the province for the purposes of these Regulations on the basis that the institution meets provincial requirements in respect of the delivery of education,

    • (iii) if a province has entered into an agreement or arrangement with the Minister in respect of primary or secondary learning institutions in Canada that host international students, a primary or secondary learning institution located in the province that is designated by the province for the purposes of these Regulations on the basis that the institution meets provincial requirements in respect of the delivery of education, and

    • (iv) if a province has not entered into an agreement or arrangement with the Minister in respect of primary or secondary learning institutions in Canada that host international students, any primary or secondary level learning institution in the province; and

  • (b) in the case of Quebec, the following additional learning institutions:

    • (i) any educational institution within the meaning of section 36 of the Education Act of Quebec, R.S.Q. c. I-13.3,

    • (ii) any college established in accordance with section 2 of the General and Vocational Colleges Act of Quebec, R.S.Q. c. 29,

    • (iii) any private educational institution for which a permit is issued under section 10 of the Act respecting private education of Quebec, R.S.Q. c. E-9.1,

    • (iv) any educational institution operated under an Act of Quebec by a government department or a body that is a mandatary of the province,

    • (v) the Conservatoire de musique et d’art dramatique du Québec established by the Act respecting the Conservatoire de musique et d’art dramatique du Québec of Quebec, R.S.Q. c. C-62.1, and

    • (vi) any educational institution at the university level referred to in section 1 of the Act respecting educational institutions at the university level, R.S.Q. c. E-14.1.

  • SOR/2014-14, s. 8.
Marginal note:List of provinces

 The Minister shall publish a list of those provinces with which the Minister has entered into an agreement or arrangement in respect of learning institutions that host international students.

  • SOR/2014-14, s. 8.
Marginal note:Authorization

 A foreign national may not study in Canada unless authorized to do so by the Act, a study permit or these Regulations.

  • SOR/2014-14, s. 9.

DIVISION 2Application for Study Permit

Marginal note:Application before entry

 Subject to sections 214 and 215, in order to study in Canada, a foreign national shall apply for a study permit before entering Canada.

Marginal note:Application on entry

 A foreign national may apply for a study permit when entering Canada if they are

  • (a) a national or a permanent resident of the United States;

  • (b) a person who has been lawfully admitted to the United States for permanent residence;

  • (c) a resident of Greenland; or

  • (d) a resident of St. Pierre and Miquelon.

  • (e) [Repealed, SOR/2014-14, s. 10]

  • SOR/2014-14, s. 10.
Marginal note:Application after entry
  •  (1) A foreign national may apply for a study permit after entering Canada if they

    • (a) hold a study permit;

    • (b) apply within the period beginning 90 days before the expiry of their authorization to engage in studies in Canada under subsection 30(2) of the Act, or paragraph 188(1)(a) of these Regulations, and ending 90 days after that expiry;

    • (c) hold a work permit;

    • (d) are subject to an unenforceable removal order;

    • (e) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;

    • (f) are a temporary resident who

      • (i) is studying at the preschool, primary or secondary level,

      • (ii) is a visiting or exchange student who is studying at a designated learning institution, or

      • (iii) has completed a course or program of study that is a prerequisite to their enrolling at a designated learning institution; or

    • (g) are in a situation described in section 207.

  • Marginal note:Family members

    (2) A family member of a foreign national may apply for a study permit after entering Canada if the foreign national resides in Canada and the foreign national

    • (a) holds a study permit;

    • (b) holds a work permit;

    • (c) holds a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;

    • (d) is subject to an unenforceable removal order;

    • (e) is a member of the armed forces of a country that is a designated state described in paragraph 186(d);

    • (f) is an officer of a foreign government described in paragraph 186(e);

    • (g) is a participant in sports activities or events, as described in paragraph 186(h);

    • (h) is an employee of a foreign news company as described in paragraph 186(i); or

    • (i) is a person who is responsible for assisting a congregation or group, as described in paragraph 186(l).

  • SOR/2014-14, s. 11.
 
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