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

Marginal note:Submissions by employer — period

• 209.994 (1) An employer to whom a notice of preliminary finding under section 209.993 or a corrected notice of preliminary finding under section 209.995 is issued may, within 30 days after the day on which it is received,

  • (a) make written submissions with respect to the information referred to in paragraphs 209.993(3)(b) to (d); or

  • (b) request an extension of that period.

• Marginal note:Reduced period

  (1.1) Despite subsection (1), if the notice of preliminary finding or the corrected notice of preliminary finding is solely in respect of a failure to comply with any one of the conditions set out in the provisions listed in items 18 to 23 of Table 1 of Schedule 2, the employer may make a written submission or request referred to in paragraph (1)(a) or (b) within five days after the day on which the notice or corrected notice is received.

• Marginal note:Deemed receipt

  (2) Despite section 9.3(2) of these Regulations and section 3 of the Electronic Documents and Electronic Information Regulations, a notice of preliminary finding or a corrected or cancelled notice of preliminary finding is deemed to have been received 10 days after the day on which it is sent.

• Marginal note:Reduced period

  (2.1) Despite subsection (2), if the notice of preliminary finding or the corrected notice of preliminary finding is solely in respect of a failure to comply with any one of the conditions set out in the provisions listed in items 18 to 23 of Table 1 of Schedule 2, the notice or corrected notice is deemed to have been received five days after the day on which it is sent.

• Marginal note:Submissions by employer — extension of period

  (3) An officer or the Minister of Employment and Social Development may extend the period referred to in subsection (1) if there is a reasonable explanation justifying its extension.

Marginal note:Correction or cancellation of notice

209.995 An officer or the Minister of Employment and Social Development may correct any information in a notice of preliminary finding that is issued under subsection 209.993(1) or (2), or cancel one, at any time before a notice of final determination is issued under section 209.996.

Notice of Final Determination

Marginal note:Notice — issuance by officer

• 209.996 (1) Subject to subsection (3), if an officer determines, on the basis of information obtained by any officer or the Minister of Employment and Social Development during the exercise of the powers set out in sections 209.6 to 209.8 and any other relevant information, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.2(3), (4) or (5) or 209.4(2), the officer must issue a notice of final determination to the employer.

• Marginal note:Notice — issuance by Minister

  (2) Subject to subsection (3), if the Minister of Employment and Social Development determines, on the basis of information obtained during the exercise of the powers set out in sections 209.6, 209.7 and 209.9 and any other relevant information, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.3(3), (4) or (5) or 209.4(2), that Minister must issue a notice of final determination to the employer.

• Marginal note:Period

  (3) An officer or the Minister of Employment and Social Development must not make a determination before the expiry of the period set out in subsection 209.994(1) or the period extended under subsection 209.994(3) as the case may be.

• Marginal note:Content of notice

  (4) The notice of final determination must include the following information:

  • (a) the name of the employer referred to in subsection (1) or (2), as the case may be;

  • (b) the condition with which the employer failed to comply as well as the provision listed in column 1 of Table 1 of Schedule 2, the relevant facts surrounding the violation and the reasons for the determination;

  • (c) if applicable, the administrative monetary penalty amount and the period of ineligibility for the violation as well as the statement indicating that the violation will be considered in the calculation of the total number of points under subparagraph 209.991(1)(a)(i) for any subsequent violation;

  • (d) if applicable, a warning informing the employer that there is no administrative monetary penalty for the violation but that the violation will be considered in the calculation of the total number of points under subparagraph 209.991(1)(a)(i) for any subsequent violation;

  • (e) if applicable, a statement that the administrative monetary penalty amount must be paid within 30 days after the day on which the notice of final determination is received by the employer, unless a payment agreement for the payment of amount and interest has been reached within that period; and

  • (f) how the administrative monetary penalty is to be paid.

• Marginal note:Maximum amount within 12 months

  (5) If the sum of the administrative monetary penalty amount described in paragraph (4)(c) and all previous administrative monetary penalty amounts provided for in notices of final determination issued to the employer in question within 12 months before the day on which the determination is made exceeds $1 million, then the amount of the penalty must be reduced by that excess.

• Marginal note:Deemed receipt

  (6) Despite section 9.3(2) of these Regulations and section 3 of the Electronic Documents and Electronic Information Regulations, a notice of final determination is deemed to have been received 10 days after the day on which it is sent.

• Marginal note:Reduced period

  (7) Despite subsection (6), if the notice of final determination is solely in respect of a failure to comply with any one of the conditions set out in the provisions listed in items 18 to 23 of Table 1 of Schedule 2, the notice is deemed to have been received five days after the day on which it is sent.

List of Employers

Marginal note:Publication of employer’s information

• 209.997 (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

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

Marginal note:Student

211 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

211.1 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.

Marginal note:List of provinces

211.2 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.

Marginal note:Authorization

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

DIVISION 2Application for Study Permit

Marginal note:Application before entry

213 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

214 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

• 215 (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).

Marginal note:Requirement — post-secondary institution

215.1 An application for a study permit that names a designated learning institution that is a post-secondary institution must be returned to the applicant without being processed, along with all documents submitted in support of the application and the fee for processing it, if that designated learning institution does not provide the confirmation referred to in paragraph 222.1(1)(a) to the Minister in accordance with that paragraph, subject to any extension granted under subsection 222.1(2).

DIVISION 3Issuance of Study Permits

Marginal note:Study permits

• 216 (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 course or program of study at a designated learning institution and, in the case of a designated learning institution that is a post-secondary institution, that designated learning institution has provided the confirmation referred to in paragraph 222.1(1)(a) to the Minister in accordance with that paragraph, subject to any extension granted under subsection 222.1(2).

• 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.