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

Regulations are current to 2022-11-16 and last amended on 2022-11-16. Previous Versions

PART 11Workers (continued)

DIVISION 6Administrative Monetary Penalties and Other Consequences for Failure To Comply with Conditions Imposed on Employers (continued)

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 conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 with which the employer failed to comply;

    • (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.

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.

Marginal note: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]

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

DIVISION 3Issuance of Study Permits

Marginal note:Study permits

  •  (1) Subject to subsections (2) and (3), an officer shall issue a study permit to a foreign national if, following an examination, it is established that the foreign national

    • (a) applied for it in accordance with this Part;

    • (b) will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;

    • (c) meets the requirements of this Part;

    • (d) meets the requirements of subsections 30(2) and (3), if they must submit to a medical examination under paragraph 16(2)(b) of the Act; and

    • (e) has been accepted to undertake a program of study at a designated learning institution.

  • Marginal note:Exception

    (2) Paragraph (1)(b) does not apply to persons described in section 206 and paragraphs 207(c) and (d).

  • Marginal note:Study in Quebec

    (3) An officer shall not issue a study permit to a foreign national who intends to study in the Province of Quebec — other than under a federal assistance program for developing countries — and does not hold a Certificat d’acceptation du Québec, if the laws of that Province require that the foreign national hold a Certificat d’acceptation du Québec.

  • SOR/2004-167, s. 59
  • SOR/2012-154, s. 11
  • SOR/2014-14, s. 12

Marginal note:Application for renewal

  •  (1) A foreign national may apply for the renewal of their study permit if

    • (a) the application is made before the expiry of their study permit; and

    • (b) they have complied with all conditions imposed on their entry into Canada.

    • (c) [Repealed, SOR/2014-14, s. 13]

  • Marginal note:Renewal

    (2) An officer shall renew the foreign national’s study permit if, following an examination, it is established that the foreign national continues to meet the requirements of section 216.

  • SOR/2004-167, s. 60
  • SOR/2014-14, s. 13

Marginal note:Temporary resident status

 A foreign national referred to in paragraph 215(1)(d) and their family members do not, by reason only of being issued a study permit, become temporary residents.

DIVISION 4Restrictions on Studying in Canada

Marginal note:Acceptance letter

  •  (1) A study permit shall not be issued to a foreign national unless they have written documentation from the designated learning institution where they intend to study that states that they have been accepted to study there.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to

    • (a) a family member of a foreign national whose application for a work permit or a study permit is approved in writing before the foreign national enters Canada.

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

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

  • SOR/2004-167, s. 61
  • SOR/2014-14, s. 14

Marginal note:Financial resources

 An officer shall not issue a study permit to a foreign national, other than one described in paragraph 215(1)(d) or (e), unless they have sufficient and available financial resources, without working in Canada, to

  • (a) pay the tuition fees for the course or program of studies that they intend to pursue;

  • (b) maintain themself and any family members who are accompanying them during their proposed period of study; and

  • (c) pay the costs of transporting themself and the family members referred to in paragraph (b) to and from Canada.

Marginal note:Conditions — study permit holder

  •  (1) The holder of a study permit in Canada is subject to the following conditions:

    • (a) they shall enroll at a designated learning institution and remain enrolled at a designated learning institution until they complete their studies; and

    • (b) they shall actively pursue their course or program of study.

  • Marginal note:Loss of designation

    (2) In the event that the learning institution at which the holder of a study permit is enrolled loses its designated status after the issuance of the permit by virtue of any of the following events, subsection (1) shall apply to that holder for the duration of their permit as if the learning institution at which they are enrolled continues to be a designated learning institution:

    • (a) termination of an agreement or arrangement between the province and the Minister in respect of learning institutions that host international students under which the learning institution had been designated;

    • (b) the coming into force of an agreement or arrangement between the province and the Minister in respect of learning institutions that host international students under which the learning institution no longer qualifies for designation; or

    • (c) revocation of the designation by the province.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to

    • (a) a person described in any of paragraphs 300(2)(a) to (i); or

    • (b) a family member of a foreign national who resides in Canada and is described in any of paragraphs 215(2)(a) to (i).

  • Marginal note:Evidence of compliance with conditions

    (4) The holder of a study permit must provide evidence to an officer of their compliance with the conditions set out in subsection (1) if

    • (a) the officer requests the evidence because the officer has reason to believe that the permit holder is not complying or has not complied with one or more of the conditions; or

    • (b) the officer requests the evidence as part of a random assessment of the overall level of compliance with those conditions by permit holders who are or were subject to them.

  • SOR/2014-14, s. 15

Marginal note:Failure to comply with conditions

 Despite Division 2, a study permit shall not be issued to a foreign national who has engaged in unauthorized work or study in Canada or who has failed to comply with a condition of a permit unless

  • (a) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition;

  • (b) the work or study was unauthorized by reason only that the foreign national did not comply with conditions imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c); or

  • (c) the foreign national was subsequently issued a temporary resident permit under subsection 24(1) of the Act.

  • SOR/2004-167, s. 62
 
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