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

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 permit is cancelled under section 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.

Marginal note:Suspension list

• 222.6 (1) The Minister must publish and maintain a suspension list that is accessible to the public and that sets out, for each designated learning institution that received a notice of final determination indicating that it was to be placed on the list,

  • (a) the designated learning institution’s name, mailing address and website;

  • (b) the conditions set out in subsection 222.1(1) with which the designated learning institution failed to comply;

  • (c) the date on which the designated learning institution was placed on the list; and

  • (d) the period for which the designated learning institution is to remain on the list.

• Marginal note:Application not to be processed

  (2) An application for a study permit that names a designated learning institution and that is received during a period in which that designated learning institution is on the suspension list must be returned to the applicant without being processed, along with all documents submitted in support of the application and the fee for processing it.

• Marginal note:Clarification

  (3) For greater certainty, subsection (2) does not apply to an application for the renewal of a study permit to allow the applicant to complete their course or program of study.

PART 13Removal

DIVISION 1Removal Orders

Marginal note:Types of removal order

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

Marginal note:Departure order

• 224 (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.

Marginal note:Exclusion order

• 225 (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.

Marginal note:Deportation order

• 226 (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.