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

Regulations are current to 2017-11-06 and last amended on 2017-10-24. Previous Versions

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    • (c) [Repealed, SOR/2014-14, s. 13]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

DIVISION 5Validity and Expiry of Study Permits

Marginal note:Invalidity
  •  (1) A study permit becomes invalid upon the first to occur of the following days:

    • (a) the day that is 90 days after the day on which the permit holder completes their studies,

    • (b) the day on which a removal order made against the permit holder becomes enforceable, or

    • (c) the day on which the permit expires.

  • Marginal note:Exception

    (2) Paragraph (1)(a) 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).

  • SOR/2014-14, s. 16.

PART 13Removal

DIVISION 1Removal Orders

Marginal note:Types of removal order

 There are three types of removal orders, namely, departure orders, exclusion orders and deportation orders.

 
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