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

Regulations are current to 2018-07-05 and last amended on 2018-06-05. Previous Versions

Notice of Final Determination

Marginal note:Notice — issuance by officer
  •  (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) or (4) 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) or (4) 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 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.

  • SOR/2015-144, s. 8.

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.
 
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