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

Marginal note:Application for renewal

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  • (c) [Repealed, SOR/2014-14, s. 13]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

Marginal note:Change of designated learning institution

217.1 If the holder of a study permit in Canada whose permit names a designated learning institution is accepted to undertake a course or program of study at a different designated learning institution and intends to attend that new institution, they must submit an application for a new study permit that names the new designated learning institution.

Marginal note:Temporary resident status

218 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:Confirmation of acceptance

• 219 (1) A study permit must not be issued to a foreign national unless

  • (a) in the case of an application for a study permit that names a designated learning institution that is a post-secondary institution, that designated learning institution has provided confirmation to the Minister in accordance with paragraph 222.1(1)(a), subject to any extension granted under subsection 222.1(2), that the designated learning institution has accepted the foreign national to the course or program of study that is indicated in the application for the study permit; and

  • (b) in any other case, the foreign national has provided 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 foreign national who applies for a study permit before entering Canada if they are an accompanying family member of a foreign national whose application for a work permit or a study permit is approved in writing before their entry into Canada.

Marginal note:Financial resources

220 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

• 220.1 (1) The holder of a study permit in Canada is subject to the following conditions:

  • (a) they shall enroll at the designated learning institution that is named in their permit and remain enrolled there 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.

Marginal note:Failure to comply with conditions

221 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.

DIVISION 5Validity and Expiry of Study Permits

Marginal note:Invalidity

• 222 (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,

  • (a.1) the day on which the permit holder is no longer enrolled at the designated learning institution that is named in the permit, other than as a result of completing their studies;

  • (b) the day on which the study permit is cancelled under section 222.7, 222.8 or 243.2; 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).

DIVISION 6Conditions Imposed on Post-Secondary Designated Learning Institutions

Marginal note:Conditions

• 222.1 (1) A designated learning institution that is a post-secondary institution must comply with the following conditions:

  • (a) it must, using the electronic means that are made available or specified by the Minister for that purpose, within 10 days after the day on which it is requested to do so by the Minister, confirm whether the designated learning institution has accepted a foreign national to the course or program of study that is indicated in their application for a study permit;

  • (b) it must, using the electronic means that are made available or specified by the Minister for that purpose, within 60 days after the day on which it is requested to do so by the Minister, provide a compliance report that sets out the enrolment status of each foreign national who has been accepted to the designated learning institution;

  • (c) it must, using the electronic means that are made available or specified by the Minister for that purpose, within 10 days after the day on which it is requested to do so by the Minister, provide any additions or corrections to the information in the compliance report; and

  • (d) it must, using the electronic means that are made available or specified by the Minister for that purpose, within 10 days after the day on which it is requested to do so by the Minister, provide any further information that the Minister requires in relation to study permits or applications for study permits that name the designated learning institution, or otherwise in relation to the administration of this Part.

• Marginal note:Extension of time

  (2) The Minister may, on request from a designated learning institution or on their own initiative, extend the time within which a confirmation, a report or information must be provided under this section if

  • (a) in the case of a confirmation required under paragraph (1)(a), the Minister determines that the designated learning institution’s provision of that confirmation has been prevented or impeded by

    • (i) a prolonged failure of power, communications or other infrastructure systems,

    • (ii) a natural disaster,

    • (iii) a public health emergency, or

    • (iv) a labour dispute; or

  • (b) in the case of a report required under paragraph (1)(b) or information required under paragraph (1)(c) or (d), the Minister determines that the designated learning institution’s provision of the report or information has been prevented or impeded by exceptional circumstances.

Marginal note:Verification of compliance with conditions

• 222.2 (1) An officer may verify a designated learning institution’s compliance with the conditions set out in subsection 222.1(1) in the following circumstances:

  • (a) the officer has a reason to suspect that the designated learning institution is not complying or has not complied with those conditions, including by providing inaccurate information;

  • (b) the officer has a reason to suspect that a letter of acceptance that purports to be from the designated learning institution was improperly issued;

  • (c) the designated learning institution is chosen as part of a random verification of compliance with the conditions; or

  • (d) the designated learning institution has not complied with those conditions in the past.

• Marginal note:Documents and questions

  (2) The officer may, for the purpose of verifying compliance with the conditions, require the designated learning institution to

  • (a) provide any relevant documents; and

  • (b) make a representative available to respond to questions at a time and by a means specified by the officer.

• Marginal note:Justification

  (3) A failure to comply with a condition is justified if the designated learning institution made all reasonable efforts to comply with it or if the failure results from anything done or omitted to be done by the designated learning institution in good faith.

Marginal note:Notice of preliminary finding

• 222.3 (1) An officer who determines that a designated learning institution has failed to comply with a condition set out in subsection 222.1(1) must, unless they are satisfied that the failure is justified, issue to the designated learning institution a notice of preliminary finding that sets out

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

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

  • (c) the details of the designated learning institution’s failure to comply with the condition;

  • (d) the period for which the officer recommends that the designated learning institution be placed on the suspension list referred to in subsection 222.6(1);

  • (e) the reasons for the determination and for the recommended period of placement on the suspension list; and

  • (f) an indication that the designated learning institution may make written submissions with respect to the information referred to in paragraphs (b) to (e) or any justification under subsection 222.2(3) within 30 days after the day on which it receives the notice.

• Marginal note:Receipt of notice

  (2) Despite subsection 9.3(2), the notice of preliminary finding is deemed to have been received 10 days after the day on which it is sent.

• Marginal note:Correction or cancellation of notice

  (3) The officer may, at any time before the notice of final determination is issued, cancel a notice of preliminary finding or issue a corrected notice of preliminary finding.

Marginal note:Written submissions

• 222.4 (1) A designated learning institution to which is issued a notice of preliminary finding under subsection 222.3(1) or a corrected notice of preliminary finding under subsection 222.3(3) may, within 30 days after the day on which it receives the notice, make written submissions with respect to the information referred to in paragraphs 222.3(1)(b) to (e) or any justification under subsection 222.2(3) and include with those submissions any relevant document.

• Marginal note:Extension of time

  (2) The Minister may, on the request of a designated learning institution, grant a single extension of not more than 30 days for the designated learning institution to make written submissions under subsection (1) if the Minister determines that exceptional circumstances have prevented or impeded the designated learning institution from making those submissions.

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.