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

Marginal note:Notice of final determination

• 222.5 (1) If, after the time for making written submissions has elapsed, the Minister determines that a designated learning institution has failed to comply with a condition set out in subsection 222.1(1) and that the failure is not justified, they must issue to the designated learning institution a notice of final determination that sets out

  • (a) the name of the designated learning institution;

  • (b) the condition with which the designated learning institution failed to comply;

  • (c) either

    • (i) the period for which the designated learning institution is to be placed on the suspension list referred to in subsection 222.6(1), or

    • (ii) a warning advising the designated learning institution that it is not to be placed on the suspension list but that the determination of non-compliance may be considered in determining whether, in the event of any subsequent failure to comply with a condition set out in subsection 222.1(1), the designated learning institution is to be placed on the list; and

  • (d) the reasons for the determination and, if applicable, for the designated learning institution’s placement on the suspension list.

• Marginal note:Considerations — suspension

  (2) In determining whether the designated learning institution is to be placed on the suspension list referred to in subsection 222.6(1) and, if applicable, the period for which it is to be placed on that list, the Minister must consider

  • (a) the frequency with which the designated learning institution has failed to comply with the conditions set out in subsection 222.1(1), including any such failures for which a warning was issued;

  • (b) the seriousness of the designated learning institution’s failure to comply with the conditions;

  • (c) the designated learning institution’s efforts to comply with the conditions;

  • (d) the designated learning institution’s cooperation during the verification referred to in subsection 222.2(2); and

  • (e) any written submissions made by the designated learning institution under subsection 222.4(1).

• Marginal note:Maximum period of suspension

  (3) The maximum period for which a designated learning institution may remain on the suspension list is 12 consecutive months.