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

Regulations are current to 2022-09-22 and last amended on 2022-06-21. Previous Versions

PART 12Students (continued)

DIVISION 1General Rules (continued)

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  • (e) [Repealed, SOR/2014-14, s. 10]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

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.

Marginal note:Departure order

  •  (1) For the purposes of subsection 52(1) of the Act, an enforced departure order is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • Marginal note:Requirement

    (2) A foreign national who is issued a departure order must meet the requirements set out in paragraphs 240(1)(a) to (c) within 30 days after the order becomes enforceable, failing which the departure order becomes a deportation order.

  • Marginal note:Exception — stay of removal and detention

    (3) If the foreign national is detained within the 30-day period or the removal order against them is stayed, the 30-day period is suspended until the foreign national’s release or the removal order becomes enforceable.

  • SOR/2011-126, s. 5

Marginal note:Exclusion order

  •  (1) For the purposes of subsection 52(1) of the Act, and subject to subsections (3) and (4), an exclusion order obliges the foreign national to obtain a written authorization in order to return to Canada during the one-year period after the exclusion order was enforced.

  • Marginal note:Exception

    (2) For the purposes of subsection 52(1) of the Act, the expiry of a one-year period following the enforcement of an exclusion order, or a five-year period if subsection (3) applies, is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • Marginal note:Misrepresentation

    (3) A foreign national who is issued an exclusion order as a result of the application of paragraph 40(2)(a) of the Act must obtain a written authorization in order to return to Canada within the five-year period after the exclusion order was enforced.

  • Marginal note:Application of par. 42(1)(b) of the Act

    (4) For the purposes of subsection 52(1) of the Act, the making of an exclusion order against a foreign national on the basis of inadmissibility under paragraph 42(1)(b) of the Act is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • SOR/2011-126, s. 6
  • SOR/2014-269, ss. 4, 7

Marginal note:Deportation order

  •  (1) For the purposes of subsection 52(1) of the Act, and subject to subsection (2), a deportation order obliges the foreign national to obtain a written authorization in order to return to Canada at any time after the deportation order was enforced.

  • Marginal note:Application of par. 42(1)(b) of the Act

    (2) For the purposes of subsection 52(1) of the Act, the making of a deportation order against a foreign national on the basis of inadmissibility under paragraph 42(1)(b) of the Act is a circumstance in which the foreign national is exempt from the requirement to obtain an authorization in order to return to Canada.

  • Marginal note:Removal order — certificate

    (3) For the purposes of subsection 52(1) of the Act, a removal order referred to in section 80 of the Act obliges the foreign national to obtain a written authorization in order to return to Canada at any time after the removal order was enforced.

  • SOR/2011-126, s. 7
  • SOR/2014-269, s. 7
  • SOR/2016-136, s. 5
 
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