GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 220.1
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. 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. 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). 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. SOR/2014-14, s. 15 SOR/2024-219, s. 7
Immigration and Refugee Protection Regulations — 221
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. SOR/2004-167, s. 62
Immigration and Refugee Protection Regulations — 222
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. 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). SOR/2014-14, s. 16 SOR/2024-11, s. 3 SOR/2024-219, s. 8 SOR/2025-11, s. 6
Immigration and Refugee Protection Regulations — 222.1
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. 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. SOR/2024-219, s. 9
Immigration and Refugee Protection Regulations — 222.2
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. 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. 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. SOR/2024-219, s. 9
Immigration and Refugee Protection Regulations — 222.3
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. 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. 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. SOR/2024-219, s. 9
Immigration and Refugee Protection Regulations — 222.4
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. 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. SOR/2024-219, s. 9
Immigration and Refugee Protection Regulations — 222.5
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. 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). Maximum period of suspension (3) The maximum period for which a designated learning institution may remain on the suspension list is 12 consecutive months. SOR/2024-219, s. 9
Immigration and Refugee Protection Regulations — 222.6
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. 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. 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. SOR/2024-219, s. 9
Immigration and Refugee Protection Regulations — 222.7
Cancellation due to error 222.7 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. SOR/2025-11, s. 7
Immigration and Refugee Protection Regulations — 222.8
Cancellation 222.8 A study permit that was issued to a foreign national is cancelled if (a) the foreign national becomes a permanent resident; or (b) the foreign national is deceased. SOR/2025-11, s. 7
Immigration and Refugee Protection Regulations — 223
Types of removal order 223 There are three types of removal orders, namely, departure orders, exclusion orders and deportation orders.
Immigration and Refugee Protection Regulations — 224
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. 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. 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. SOR/2011-126, s. 5
Immigration and Refugee Protection Regulations — 225
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. 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. 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. 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. SOR/2011-126, s. 6; SOR/2014-269, ss. 4, 7
Immigration and Refugee Protection Regulations — 226
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. 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. 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. SOR/2011-126, s. 7; SOR/2014-269, s. 7; SOR/2016-136, s. 5
Immigration and Refugee Protection Regulations — 227
Report — family members 227 (1) 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. Removal — family members (2) A removal order made by the Immigration Division against a foreign national is also a removal order against their family members in Canada to whom subsection (1) applies if (a) an officer informed the family members of the report, that they are the subject of an admissibility hearing and of their right to make submissions and be represented, at their own expense, at the admissibility hearing; and (b) the family members are subject to a decision of the Immigration Division that they are inadmissible under section 42 of the Act on grounds of the inadmissibility of the foreign national. SOR/2016-136, s. 6(E)
Immigration and Refugee Protection Regulations — 228
f the foreign national is inadmissible under subsection 35.1(1) of the Act on grounds of sanctions, a deportation order. Direct back (1.1) For the purposes of subsection 44(2) of the Act, and subject to subsection (4), if a foreign national is the subject of a report and the following circumstances apply, the report shall not be referred to the Immigration Division and the removal order made shall be an exclusion order: (a) an officer directed the foreign national to return temporarily to the United States under section 41; and (b) the foreign national is inadmissible under paragraph 41(a) of the Act for failing to establish that they will leave Canada by the end of the period authorized for their stay. Subsection 44(2) of the Act — permanent residents (2) For the purposes of subsection 44(2) of the Act, if a removal order is made against a permanent resident who fails to comply with the residency obligation under section 28 of the Act, the order shall be a departure order. Eligible claim for refugee protection (3) If a claim for refugee protection is made and the claim has been determined to be eligible to be referred to the Refugee Protection Division or no determination has been made, a departure order is the applicable removal order in the circumstances set out in paragraph (1)(a.1) or any of subparagraphs (1)(c)(i), (iii) to (v), (viii) and (ix). Reports in respect of certain foreign nationals (4) For the purposes of subsections (1) and (1.1), a report in respect of a foreign national does not include a report in respect of a foreign national who (a) is under 18 years of age and not accompanied by a parent or an adult legally responsible for them; or (b) is unable, in the opinion of the Minister, to appreciate the nature of the proceedings and is not accompanied by a parent or an adult legally responsible for them. SOR/2004-167, s. 63; SOR/2013-210, s. 4; SOR/2014-14, s. 17; SOR/2014-237, s. 1; SOR/2014-269, s. 5 SOR/2019-200, s. 1 SOR/2020-55, s. 5 SOR/2020-91, s. 11 2023, c. 19, s. 19 SOR/2024-86, s. 1 SOR/2024-128, s. 2
Immigration and Refugee Protection Regulations — 229
uted either summarily or by way of indictment is deemed to be an offence punishable by way of indictment, even if it has been prosecuted summarily. Section 228 circumstances (4) If the Immigration Division makes a removal order against a foreign national with respect to any grounds of inadmissibility that are circumstances set out in section 228, the Immigration Division shall make (a) the removal order that would have been applicable under subsection 228(1) or (3) if the report had not been referred to the Immigration Division under subsection 44(2) of the Act; or (b) in the case of a foreign national described in paragraph 228(4)(a) or (b), the removal order that would have been applicable under subsection 228(1) or (3) if the foreign national had not been described in that paragraph. SOR/2004-167, s. 64; SOR/2016-136, s. 7 SOR/2019-200, s. 2 2023, c. 19, s. 20 2023, c. 32, s. 68 SOR/2024-128, s. 3
Immigration and Refugee Protection Regulations — 230
Considerations 230 (1) 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 result of (a) an armed conflict within the country or place; (b) an environmental disaster resulting in a substantial temporary disruption of living conditions; or (c) any situation that is temporary and generalized. Cancellation (2) The Minister may cancel the stay if the circumstances referred to in subsection (1) no longer pose a generalized risk to the entire civilian population. Exceptions (3) The stay does not apply to a person who (a) is inadmissible under subsection 34(1) of the Act on security grounds; (b) is inadmissible under subsection 35(1) of the Act on grounds of violating human or international rights; (b.1) is inadmissible under subsection 35.1(1) of the Act on grounds of sanctions; (c) is inadmissible under subsection 36(1) of the Act on grounds of serious criminality, under subsection 36(2) of the Act on grounds of criminality or under subsection 36(2.1) of the Act on grounds of transborder criminality; (d) is inadmissible under subsection 37(1) of the Act on grounds of organized criminality; (e) is a person referred to in section F of Article 1 of the Refugee Convention; or (f) informs the Minister in writing that they consent to their removal to a country or place to which a stay of removal applies. SOR/2016-136, s. 8(F) 2023, c. 19, s. 21 2023, c. 32, s. 69