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Amending the Immigration and Refugee Protection Regulations (Designated Learning Institutions)

Issues

Under the existing Immigration and Refugee Protection Regulations (IRPR), Immigration, Refugees and Citizenship Canada (IRCC) and the provinces and territories share responsibility for international students. Under Memoranda of Understanding (MOUs), provinces and territories (PTs) establish the minimum common standards with IRCC for designating educational institutions, called designated learning institutions (DLIs) that are allowed to receive international students, and to remove designation status where applicable. IRCC is responsible for processing study permit applications for international students who have been accepted to attend a DLI.

Background

The administration of the International Student Program (ISP) is a shared responsibility between IRCC and Provinces and Territories (PTs). For its part, IRCC is responsible for setting policy regarding the entry of international students, establishing the conditions study permit holders must meet while in Canada, and deciding whether a study permit should be issued to an applicant.

For DLIs to receive international students to study in Canada, they must be designated by the province or territory based on a set of standards embedded in the MOUs with each PT. PTs also set their own standards that DLIs must meet in order to be designated by their jurisdiction. PTs inform IRCC when institutions need to be added or removed from the public DLI list, which enumerates the institutions who are allowed to receive students within a given province or territory. Quebec currently designates its own DLIs as per its own regulations, therefore the province is exempted from the requirement to enter into an MOU with IRCC.

In 2023, Canada welcomed an all-time high number of international students, with approximately 1 040 000 primary, secondary, and post-secondary study permit holders, up 151% from 352 305 study permit holders in 2015. In 2023, the Department received 914 405 applications for new study permits, compared to 713 775 in 2022, which represents a 28% increase. This spike in demand can be attributed to a number of factors, including greater interest to come study, and then potentially work, in Canada, as well as increased promotion and marketing activities to identify Canada as a choice destination for pursuing post-secondary studies.

Under existing regulations, international students may change their DLI at any given time, but IRCC recommends that they inform the Department through a secure portal. This is an administrative practice and currently it cannot be enforced. International students that switch DLIs without notification, could be reported for non-attendance at their original DLI and could be found non-compliant with their permit conditions, which could negatively impact their ability to obtain a subsequent study permit. It is in the collective interest of clients, DLIs and levels of government, to have mandatory and accurate information on the student’s current DLI.

Since 2014, students who meet certain criteria as specified by the regulations have been authorized to work 20 hours off campus without a work permit. Starting in November 2022, the Minister of Citizenship and Immigration issued a series of public policies, which included waiving the 20 hour per week limit for eligible post-secondary students. The public policies were intended as a temporary measure to fill post-pandemic labour market needs, as international students are primarily admitted to Canada to study, not to work. These public policies expired on April 30, 2024. However, there is a need to reassess the appropriate balance between the need some students have to work for supplementary income while respecting the purpose of a study permit, ensuring academic outcomes of the student and remaining consistent with other like-minded countries that have limits on work hours for international students. For example, the UK, New Zealand, and Ireland allow certain students to work up to 20 hours per week, while Australia changed its work hours limit in 2023 to 48 hours every two weeks. A review of these factors has led to the proposal to moderately increase work hours to a maximum of 24 hours.

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Objective

The main objective of the proposed amendments is to provide IRCC with the appropriate tools to ensure that study permits are issued to those who will be attending genuine DLIs that comply with both federal and provincial requirements and to verify that students are complying with their study permit conditions. Additionally, IRCC requires the proper means to take action against DLIs who fail to comply with the proposed regulations.

Finally, the proposed amendments also seek to allow international students to work four additional hours off campus, raising the maximum to 24 hours per week, to help offset the cost of living in Canada.

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Description

The proposed regulatory amendments apply exclusively to post-secondary DLIs and post-secondary international students. Any reference to DLIs in this document refers to institutions at the post-secondary level only.

Conditions on DLIs

The proposed regulations would require that post-secondary DLIs comply with the following conditions, using the electronic means specified by the Minister:

  • confirm, within 10 days of a request from the Minister, that a student has been accepted to undertake a program of study indicated on the study permit application;
  • submit a compliance report, within 60 days of a request from the Minister, about the enrollment status of each student who has been accepted to that institution and an indication of whether they are actively pursuing their course or program of study;
  • within 10 days of a request from the Minister, correct or provide additional information to the information in a compliance report; and,
  • within 10 days of a request from the Minister, provide any further information that the Minister requires, such as information related to study permits or study permit applications that name the DLI.

The proposed regulations allow the Minister, based on their own initiative or at the request of the DLI, to extend the time provided so that the institution can confirm, provide information, or provide a report, if the Minister determines that

  • the DLI’s confirmation of the acceptance of a student has been impeded by infrastructure failure, such as power or communications, a natural disaster, a public health emergency, or a labour dispute; or
  • the DLI’s provision of information under any other condition has been impeded by exceptional circumstances.

Verification of DLI compliance with conditions

The proposed regulations would allow an IRCC officer to verify a DLI’s compliance with the conditions if

  • The officer has reason to suspect that the DLI is not complying or has not complied with the conditions, including providing inaccurate information;
  • The officer has reason to suspect that a letter of acceptance was improperly issued;
  • The DLI is chosen as part of random verification; or
  • The DLI has not complied with conditions in the past.

For the purposes of verifying compliance, the proposed regulations would allow the officer to require that the DLI provide any relevant documents and make a representative available to answer questions, at a time and place specified by the officer.

Under the proposed regulations, a failure to comply with a condition would be justified if the DLI made all reasonable efforts to comply or if the non-compliance is a result of the DLI acting in good faith.

The proposed regulations would require an officer, who determines that a DLI is non-compliant with a condition, to issue a notice of preliminary finding. The notice must set out

  • the name of the DLI;
  • the condition with which the DLI is non-compliant and the details;
  • The period of time the officer recommends the DLI be placed on the suspension list and the reasons for the recommendation; and
  • An indication that the DLI can make written submissions with respect to the information or any justification within 30 days of receiving the notice. Under the proposed regulations, the notice of preliminary finding is deemed to have been received 10 days after the day it is sent.

The proposed regulations would allow the officer to correct or cancel the notice at any time before the notice of final determination is issued.

The proposed regulations would allow the DLI to make written submissions within 30 days of receiving a notice of preliminary finding and include any relevant documents. The Minister may grant, at the request of the DLI, an extension of no more than 30 days to make written submissions if the Minister determines that the institution’s ability to make the submissions was prevented or impeded by exceptional circumstances.

If, after the 30-day written submission period, the Minister determines that the DLI has failed to meet the conditions, the proposed regulations would require the Minister to issue a notice of final determination that includes

  • the DLIs name;
  • the condition that was not complied with;
  • either the period for which the DLI is to be placed on the suspension list or a warning advising the DLI that it will not be placed on the suspension list but that the determination of non-compliance may be factored into the DLI’s placement on the list in any future non-compliance with the conditions; and
  • the reason for the determination and the placement on the suspension list, if applicable.

Suspension list and period

In determining whether a DLI is to be placed on the suspension list and the penalty period, the proposed regulations would require the Minister to consider the frequency and seriousness of the DLI’s non-compliance with conditions, the efforts the DLI made to comply with the conditions, the DLI’s level of cooperation during verification, and the DLI’s written submissions to the notice of preliminary finding.

The proposed regulations would require that the Minister publish and maintain a public suspension list that sets out the following for each DLI that received a notice of final determination requiring that it be placed on the list:

  • the DLI’s name, mailing address, and website;
  • the condition with which the DLI was non-compliant; and
  • the date the DLI was placed on the list and the time period it is to remain on the list.

The proposed regulations would allow a non-compliant DLI to remain on the suspension list for a maximum period of 12 consecutive months.

The proposed regulations would require that, during the period that a DLI is on the suspension list, any application for a study permit that names the DLI be returned to the applicant without being processed, along with all supporting documents and the processing fee.

The proposed amendments would require that a study permit holder in Canada who received a letter of acceptance to attend a DLI other than one indicated on their study permit and who wishes to switch DLIs submit an application for a new study permit before the start date for the new program of study. The proposed regulations would allow the student to attend the new DLI without a valid study permit until a decision is made on the application, as long as the student remains in Canada and complies with all other conditions of their study permit.

Amendments to the letter of acceptance provisions

The proposed regulations would amend the existing provisions regarding the issuance of a study permit such that DLIs would be required to confirm the letter of acceptance (LOA) provided by an applicant. The proposed regulations would also amend the existing provision for accompanying family members so that they are exempt from the LOA verification as long as their study or work permit is approved before their entry into Canada. However, once in Canada, if that family member moves to a post-secondary DLI, the proposed regulations would require the accompanying family member to have an LOA that is required to be verified.

The proposed regulations would also add a new provision instructing not to process a study permit application and return it to the student, along with supporting documents and processing fees, if a DLI does not provide confirmation of a student’s acceptance to a post-secondary institution as required under the conditions on DLIs.

Consequences for not complying with the conditions

The proposed regulations would amend existing conditions to specify that t study permit holders must enroll at the DLI listed on their study permit and remain enrolled until they complete their studies. The study permit invalidity provisions would also be amended to add that the day when the permit holder is no longer enrolled at the DLI named on the permit, is the date when the permit may become invalid.

Off-campus work hours

The proposed regulations would increase the limit on off-campus work during regular academic sessions from 20 hours per week to 24 hours per week.

 

 

 

 

 


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