GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 209.96
Separate violation — multiple foreign nationals 209.96 (1) 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 separate violation for each foreign national affected. Separate violation — occupation, wages or working conditions (2) A failure to comply — that is not justified under subsection 209.2(3) or 209.3(3) — with any one of the following elements of the condition set out in item 9 of Table 1 of Schedule 2, constitutes a separate violation: (a) to provide the foreign national with employment in the same occupation as the occupation that is set out in the foreign national’s offer of employment; (b) to provide the foreign national with wages that are substantially the same as — but not less favourable than — those set out in the foreign national’s offer of employment; and (c) to provide the foreign national with working conditions that are substantially the same as — but not less favourable than — those set out in the foreign national’s offer of employment. Separate violation — live-in caregivers (3) With respect to employers who employ foreign nationals as live-in caregivers, a failure to comply — that is not justified under subsection 209.3(3) — with either one of the following elements of the condition set out in item 10 of Table 1 of Schedule 2, constitutes a separate violation: (a) to ensure that the foreign national resides in a private household in Canada, (b) to ensure that the foreign national provides child care, senior home support care or care of a disabled person in that household without supervision. Separate violation — abuse (4) A failure to comply — that is not justified under subsection 209.2(3) or 209.3(3) — with the condition set out in item 17 of Table 1 of Schedule 2 with respect to any one of the elements set out in paragraphs 196.2(1)(a) to (e) constitutes a separate violation. SOR/2015-144, s. 8; SOR/2017-56, s. 5 SOR/2022-142, s. 16
Immigration and Refugee Protection Regulations — 209.97
Provisions 209.97 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 Table 1 of Schedule 2 is classified as a violation of Type A, Type B or Type C as set out in column 3 of that Table. SOR/2015-144, s. 8 SOR/2022-142, s. 17
Immigration and Refugee Protection Regulations — 209.98
Administrative monetary penalty amount 209.98 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 in column 1, depending on the type of violation and whether it is committed by an individual or small business, or a large business. SOR/2015-144, s. 8
Immigration and Refugee Protection Regulations — 209.99
Period of ineligibility 209.99 (1) 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 column 1 depending on the type of violation. Beginning of period (2) The period referred to in subsection (1) begins on the day on which the determination referred to in subsection 209.996(1) or (2) is made in respect of the employer. SOR/2015-144, s. 8
Immigration and Refugee Protection Regulations — 209.991
Calculation 209.991 (1) The total number of points in respect of each violation is determined by (a) considering (i) the compliance history of the employer who committed the violation set out in column 1 of Table 4 of Schedule 2, and (ii) the severity criteria set out in column 1 of Table 5 of Schedule 2; (b) ascribing (i) for the criterion described in subparagraph (a)(i), the applicable number of points set out in column 2 of Table 4 of Schedule 2, (ii) for the criteria described in subparagraph (a)(ii), the applicable number of points set out in column 2 of Table 5 of Schedule 2 having regard to the severity or the impact of the violation, as the case may be, (c) adding the values obtained under paragraph (b); and (d) if the employer made an acceptable voluntary disclosure in accordance with subsections (2) and (3) and the value obtained under paragraph (c) (i) is four or more, subtracting four points from the value obtained under that paragraph , or (ii) is less than four, replacing that value with a value of zero. Voluntary disclosure — criteria of acceptability (2) The voluntary disclosure made by an employer with respect to the commission of a violation by the employer is acceptable if (a) the disclosure is complete; and (b) at the time the voluntary disclosure is made, the powers set out in sections 209.6 to 209.9 are not being exercised in respect of the employer nor is any enforcement action related to an offence arising out of the contravention of a provision of the Act being undertaken in respect of the employer. Voluntary disclosure — considerations (3) Despite subsection (2), an officer or the Minister of Employment and Social Development may consider that the voluntary disclosure is not acceptable after considering (a) the severity of the impact of the violation on the foreign national; (b) in the case of an employer described in subsection 209.2(1), the severity of the impact of the violation on the Canadian economy, or in the case of an employer described in subsection 209.3(1), the severity of the impact of the violation on the Canadian labour market; (c) whether the disclosure was made in a timely manner; (d) the number of times an acceptable voluntary disclosure is made by the employer; and (e) the nature of the condition with which the employer failed to comply. SOR/2015-144, s. 8
Immigration and Refugee Protection Regulations — 209.992
Cumulative amounts 209.992 (1) 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 monetary penalty amounts are cumulative but the total must not exceed $1 million. Applicable period of ineligibility (2) If a notice of preliminary finding or a notice of final determination that is issued to an employer includes more than one period of ineligibility, the longest period of ineligibility applies. SOR/2015-144, s. 8
Immigration and Refugee Protection Regulations — 209.993
Notice — issuance by officer 209.993 (1) 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 and any other relevant information, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.2(3), (4) or (5) or 209.4(2), the officer must issue a notice of preliminary finding to the employer. Notice — issuance by Minister (2) If the Minister of Employment and Social Development assesses, on the basis of information obtained during the exercise of the powers set out in sections 209.6, 209.7 and 209.9 and any other relevant information, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.3(3), (4) or (5) or 209.4(2), that Minister must issue a notice of preliminary finding to the employer. Content of notice (3) The notice of preliminary finding must include the following information: (a) the name of the employer referred to in subsection (1) or (2), as the case may be; (b) the condition with which the employer failed to comply as well as the provision listed in column 1 of Table 1 of Schedule 2, the relevant facts surrounding the violation and the reasons for the preliminary finding; (c) if applicable, the administrative monetary penalty amount and the period of ineligibility for the violation as well as the statement that the violation will be considered in the calculation of the total number of points under subparagraph 209.991 (1)(a)(i) for any subsequent violation; (d) if applicable, the statement that a warning may be issued to the employer informing them that there is no administrative monetary penalty for the violation but that the violation will be considered in the calculation of the total number of points under subparagraph 209.991 (1)(a)(i) for any subsequent violation; and (e) the statement that the employer may make written submissions within the period set out in section 209.994 with respect to the information referred to in paragraphs (b) to (d). SOR/2015-144, s. 8 SOR/2022-142, s. 18
Immigration and Refugee Protection Regulations — 209.994
Submissions by employer — period 209.994 (1) 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 received, (a) make written submissions with respect to the information referred to in paragraphs 209.993(3)(b) to (d); or (b) request an extension of that period. Reduced period (1.1) Despite subsection (1), if the notice of preliminary finding or the corrected notice of preliminary finding is solely in respect of a failure to comply with any one of the conditions set out in the provisions listed in items 18 to 23 of Table 1 of Schedule 2, the employer may make a written submission or request referred to in paragraph (1)(a) or (b) within five days after the day on which the notice or corrected notice is received. Deemed receipt (2) Despite section 9.3(2) of these Regulations and section 3 of the Electronic Documents and Electronic Information Regulations , a notice of preliminary finding or a corrected or cancelled notice of preliminary finding is deemed to have been received 10 days after the day on which it is sent. Reduced period (2.1) Despite subsection (2), if the notice of preliminary finding or the corrected notice of preliminary finding is solely in respect of a failure to comply with any one of the conditions set out in the provisions listed in items 18 to 23 of Table 1 of Schedule 2, the notice or corrected notice is deemed to have been received five days after the day on which it is sent. Submissions by employer — extension of period (3) An officer or the Minister of Employment and Social Development may extend the period referred to in subsection (1) if there is a reasonable explanation justifying its extension. SOR/2015-144, s. 8 SOR/2019-174, s. 10 SOR/2020-91, s. 9
Immigration and Refugee Protection Regulations — 209.995
Correction or cancellation of notice 209.995 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 any time before a notice of final determination is issued under section 209.996 . SOR/2015-144, s. 8
Immigration and Refugee Protection Regulations — 209.997
Publication of employer’s information 209.997 (1) 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 may be, must add the information referred to in subsection (2) to the list referred to in that subsection, except if the officer or that Minister issues a warning to the employer in accordance with paragraph 209.996(4)(d). Content of list (2) A list is posted on one or more Government of Canada websites and includes the following information: (a) the employer’s name; (b) the employer’s address; (c) the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 with which the employer failed to comply; (d) the day on which the determination was made; (e) the eligibility status of the employer; (f) if applicable, (i) the administrative monetary penalty amount, and (ii) the ineligibility period of the employer. SOR/2015-144, s. 8 SOR/2022-142, s. 20
Immigration and Refugee Protection Regulations — 210
Class 210 The student class is prescribed as a class of persons who may become temporary residents.
Immigration and Refugee Protection Regulations — 211
Student 211 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.
Immigration and Refugee Protection Regulations — 211.1
Definition of designated learning institution 211.1 In this Part, designated learning institution means (a) the following learning institutions: (i) a learning institution that is administered by a federal department or agency, (ii) if a province has entered into an agreement or arrangement with the Minister in respect of post-secondary learning institutions in Canada that host international students, a post-secondary learning institution located in the province that is designated by the province for the purposes of these Regulations on the basis that the institution meets provincial requirements in respect of the delivery of education, (iii) if a province has entered into an agreement or arrangement with the Minister in respect of primary or secondary learning institutions in Canada that host international students, a primary or secondary learning institution located in the province that is designated by the province for the purposes of these Regulations on the basis that the institution meets provincial requirements in respect of the delivery of education, and (iv) if a province has not entered into an agreement or arrangement with the Minister in respect of primary or secondary learning institutions in Canada that host international students, any primary or secondary level learning institution in the province; and (b) in the case of Quebec, the following additional learning institutions: (i) any educational institution within the meaning of section 36 of the Education Act of Quebec, R.S.Q. c. I-13.3, (ii) any college established in accordance with section 2 of the General and Vocational Colleges Act of Quebec, R.S.Q. c. 29, (iii) any private educational institution for which a permit is issued under section 10 of the Act respecting private education of Quebec, R.S.Q. c. E-9.1, (iv) any educational institution operated under an Act of Quebec by a government department or a body that is a mandatary of the province, (v) the Conservatoire de musique et d’art dramatique du Québec established by the Act respecting the Conservatoire de musique et d’art dramatique du Québec of Quebec, R.S.Q. c. C-62.1, and (vi) any educational institution at the university level referred to in section 1 of the Act respecting educational institutions at the university level , R.S.Q. c. E-14.1. SOR/2014-14, s. 8
Immigration and Refugee Protection Regulations — 211.2
List of provinces 211.2 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. SOR/2014-14, s. 8
Immigration and Refugee Protection Regulations — 212
Authorization 212 A foreign national may not study in Canada unless authorized to do so by the Act, a study permit or these Regulations. SOR/2014-14, s. 9
Immigration and Refugee Protection Regulations — 213
Application before entry 213 Subject to sections 214 and 215, in order to study in Canada, a foreign national shall apply for a study permit before entering Canada.
Immigration and Refugee Protection Regulations — 214
Application on entry 214 A foreign national may apply for a study permit when entering Canada if they are (a) a national or a permanent resident of the United States; (b) a person who has been lawfully admitted to the United States for permanent residence; (c) a resident of Greenland; or (d) a resident of St. Pierre and Miquelon. (e) [Repealed, SOR/2014-14, s. 10] SOR/2014-14, s. 10 SOR/2019-212, s. 11(F)
Immigration and Refugee Protection Regulations — 215
Application after entry 215 (1) A foreign national may apply for a study permit after entering Canada if they (a) hold a study permit; (b) apply within the period beginning 90 days before the expiry of their authorization to engage in studies in Canada under subsection 30(2) of the Act, or paragraph 188(1)(a) of these Regulations, and ending 90 days after that expiry; (c) hold a work permit; (d) are subject to an unenforceable removal order; (e) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months; (f) are a temporary resident who (i) is studying at the preschool, primary or secondary level, (ii) is a visiting or exchange student who is studying at a designated learning institution, or (iii) has completed a course or program of study that is a prerequisite to their enrolling at a designated learning institution; or (g) are in a situation described in section 207. Family members (2) A family member of a foreign national may apply for a study permit after entering Canada if the foreign national resides in Canada and the foreign national (a) holds a study permit; (b) holds a work permit; (c) holds a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months; (d) is subject to an unenforceable removal order; (e) is a member of the armed forces of a country that is a designated state described in paragraph 186(d); (f) is an officer of a foreign government described in paragraph 186(e); (g) is a participant in sports activities or events, as described in paragraph 186(h); (h) is an employee of a foreign news company as described in paragraph 186(i); or (i) is a person who is responsible for assisting a congregation or group, as described in paragraph 186(l). SOR/2014-14, s. 11
Immigration and Refugee Protection Regulations — 215.1
Requirement — post-secondary institution 215.1 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 submitted in support of the application and the fee for processing it, if that designated learning institution does not provide the confirmation referred to in paragraph 222.1(1)(a) to the Minister in accordance with that paragraph, subject to any extension granted under subsection 222.1(2). SOR/2024-219, s. 3
Immigration and Refugee Protection Regulations — 216
Study permits 216 (1) 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 (a) applied for it in accordance with this Part; (b) will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9; (c) meets the requirements of this Part; (d) meets the requirements of subsections 30(2) and (3), if they must submit to a medical examination under paragraph 16(2)(b) of the Act; and (e) has been accepted to undertake a course or program of study at a designated learning institution and, in the case of a designated learning institution that is a post-secondary institution, that designated learning institution has provided the confirmation referred to in paragraph 222.1(1)(a) to the Minister in accordance with that paragraph, subject to any extension granted under subsection 222.1(2). Exception (2) Paragraph (1)(b) does not apply to persons described in section 206 and paragraphs 207(c) and (d). Study in Quebec (3) An officer shall not issue a study permit to a foreign national who intends to study in the Province of Quebec — other than under a federal assistance program for developing countries — and does not hold a Certificat d’acceptation du Québec , if the laws of that Province require that the foreign national hold a Certificat d’acceptation du Québec . SOR/2004-167, s. 59; SOR/2012-154, s. 11; SOR/2014-14, s. 12 SOR/2024-219, s. 4
Immigration and Refugee Protection Regulations — 217
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] 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. SOR/2004-167, s. 60; SOR/2014-14, s. 13
Immigration and Refugee Protection Regulations — 217.1
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. SOR/2024-219, s. 5
Immigration and Refugee Protection Regulations — 218
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.
Immigration and Refugee Protection Regulations — 219
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. 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. SOR/2004-167, s. 61; SOR/2014-14, s. 14 SOR/2024-219, s. 6
Immigration and Refugee Protection Regulations — 220
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.