Immigration and Refugee Protection Regulations
Sections and provisions with full text and the judgments that cite each one.
Section 209.96 — Separate violation — multiple foreign nationals
A failure to comply — that is not justified under subsection 209.2(3), (4) or (5), 209.3(3), (4) or (5) or 209.4(2) — with a condition that affects more than one foreign national constitutes a…
Section 209.97 — Provisions
A failure to comply — that is not justified under subsection 209.2(3), (4) or (5), 209.3(3), (4) or (5) or 209.4(2) — with a condition that is set out in one of the provisions listed in column 1 of…
Section 209.98 — Administrative monetary penalty amount
The administrative monetary penalty for a violation is the amount set out in column 2, 3 or 4 of Table 2 of Schedule 2 opposite the total number of points determined under section 209.991 as set out…
Section 209.99 — Period of ineligibility
The period of ineligibility for a violation is the period set out in column 2, 3 or 4 of Table 3 of Schedule 2 opposite the total number of points determined under section 209.991 as set out in…
Section 209.991 — Calculation
The total number of points in respect of each violation is determined by considering the compliance history of the employer who committed the violation set out in column 1 of Table 4 of Schedule 2,…
Section 209.992 — Cumulative amounts
If a notice of preliminary finding under section 209.993 or a notice of final determination under section 209.996 that is issued to an employer lists more than one violation, the administrative…
Section 209.993 — Notice — issuance by officer
If an officer assesses, on the basis of information obtained by any officer or the Minister of Employment and Social Development during the exercise of the powers set out in sections 209.6 to 209.8…
Section 209.994 — Submissions by employer — period
An employer to whom a notice of preliminary finding under section 209.993 or a corrected notice of preliminary finding under section 209.995 is issued may, within 30 days after the day on which it is…
Section 209.995 — Correction or cancellation of notice
An officer or the Minister of Employment and Social Development may correct any information in a notice of preliminary finding that is issued under subsection 209.993 (1) or (2), or cancel one, at…
Section 209.996 — Notice — issuance by officer
Subject to subsection (3), if an officer determines, on the basis of information obtained by any officer or the Minister of Employment and Social Development during the exercise of the powers set out…
Section 209.997 — Publication of employer’s information
If an officer or the Minister of Employment and Social Development makes a determination under subsection 209.996 (1) or (2) in respect of an employer, the Department or that Minister, as the case…
Section 210 — Class
The student class is prescribed as a class of persons who may become temporary residents.
Section 211 — Student
A foreign national is a student and a member of the student class if the foreign national has been authorized to enter and remain in Canada as a student.
Section 211.1 — Definition of designated learning institution
In this Part, designated learning institution means the following learning institutions: a learning institution that is administered by a federal department or agency, if a province has entered into…
Section 211.2 — 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.
Section 212 — Authorization
A foreign national may not study in Canada unless authorized to do so by the Act, a study permit or these Regulations.
Section 213 — 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.
Section 214 — Application on entry
A foreign national may apply for a study permit when entering Canada if they are a national or a permanent resident of the United States; a person who has been lawfully admitted to the United States…
Section 215 — Application after entry
A foreign national may apply for a study permit after entering Canada if they hold a study permit; apply within the period beginning 90 days before the expiry of their authorization to engage in…
Section 215.1 — Requirement — post-secondary institution
An application for a study permit that names a designated learning institution that is a post-secondary institution must be returned to the applicant without being processed, along with all documents…
Section 216 — Study permits
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 applied for it in accordance…
Section 217 — Application for renewal
A foreign national may apply for the renewal of their study permit if the application is made before the expiry of their study permit; and they have complied with all conditions imposed on their…
Section 217.1 — Change of designated learning institution
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…
Section 218 — 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.
Section 219 — Confirmation of acceptance
A study permit must not be issued to a foreign national unless in the case of an application for a study permit that names a designated learning institution that is a post-secondary institution, that…
Section 220 — 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…
Section 220.1 — Conditions — study permit holder
The holder of a study permit in Canada is subject to the following conditions: they shall enroll at the designated learning institution that is named in their permit and remain enrolled there until…
Section 221 — 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…
Section 222 — Invalidity
A study permit becomes invalid upon the first to occur of the following days: the day that is 90 days after the day on which the permit holder completes their studies, the day on which the permit…
Section 222.1 — Conditions
A designated learning institution that is a post-secondary institution must comply with the following conditions: it must, using the electronic means that are made available or specified by the…
Section 222.2 — Verification of compliance with conditions
An officer may verify a designated learning institution’s compliance with the conditions set out in subsection 222.1(1) in the following circumstances: the officer has a reason to suspect that the…
Section 222.3 — Notice of preliminary finding
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,…
Section 222.4 — Written submissions
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…
Section 222.5 — Notice of final determination
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…
Section 222.6 — Suspension list
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…
Section 222.7 — Cancellation due to error
An officer may cancel a study permit that was issued to a foreign national if the officer is satisfied that the study permit was issued based on an administrative error.
Section 222.8 — Cancellation
A study permit that was issued to a foreign national is cancelled if the foreign national becomes a permanent resident; or the foreign national is deceased.
Section 223 — Types of removal order
There are three types of removal orders, namely, departure orders, exclusion orders and deportation orders.
Section 224 — Departure order
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…
Section 225 — Exclusion order
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…
Section 226 — Deportation order
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…
Section 227 — Report — family members
For the purposes of section 42 of the Act, a report prepared under subsection 44(1) of the Act against a foreign national is also a report against the foreign national’s family members in Canada. A…
Section 228 — Subsection 44(2) of the Act — foreign nationals
For the purposes of subsection 44(2) of the Act, and subject to subsections (3) and (4), if a report in respect of a foreign national does not include any grounds of inadmissibility other than those…
Section 229 — Paragraph 45(d) of the Act — applicable removal order
For the purposes of paragraph 45(d) of the Act, the applicable removal order to be made by the Immigration Division against a person is a deportation order, if they are inadmissible under subsection…
Section 230 — Considerations
The Minister may impose a stay on removal orders with respect to a country or a place if the circumstances in that country or place pose a generalized risk to the entire civilian population as a…
Section 231 — Stay of removal — judicial review
Subject to subsections (2) to (4), a removal order is stayed if the subject of the order makes an application for leave for judicial review in accordance with section 72 of the Act with respect to a…
Section 232 — Stay of removal — pre-removal risk assessment
A removal order is stayed when a person is notified by the Department under subsection 160(3) that they may make an application under subsection 112(1) of the Act, and the stay is effective until the…
Section 233 — Stay of removal — humanitarian and compassionate or public policy considerations
A removal order made against a foreign national, and any family member of the foreign national, is stayed if the Minister is of the opinion that the stay is justified by humanitarian and…
Section 234 — Application of par. 50(a) of the Act
For greater certainty and for the purposes of paragraph 50(a) of the Act, a decision made in a judicial proceeding would not be directly contravened by the enforcement of a removal order if there is…
Section 235 — Not void
For greater certainty, and subject to section 51 of the Act, a removal order does not become void by reason of any lapse of time.