Stricter rules for post-secondary institutions

Summary#

This is a proposed change to the Immigration and Refugee Protection Regulations that would give Immigration, Refugees and Citizenship Canada (IRCC) new tools to verify and oversee post‑secondary institutions that accept international students. In practice it would make letter‑of‑acceptance checks and regular reporting mandatory, let IRCC suspend non‑compliant schools, require students who switch schools to reapply for a permit, and raise the off‑campus work limit from 20 hours to 24 hours per week during regular classes. The proposal was published in the Canada Gazette on June 29, 2024 and is open for public comment for 30 days (deadline: July 29, 2024).

What it does#

• Requires post‑secondary designated learning institutions (DLIs) to respond electronically when asked by the Minister:
  • confirm a student’s letter of acceptance within 10 days;
  • provide a compliance report on enrolled international students within 60 days;
  • correct or add information within 10 days; and
  • provide other information within 10 days when requested.
• Gives IRCC officers power to check a DLI’s compliance, request documents, and interview a representative.
• Creates a formal notice process:
  • a notice of preliminary finding is issued when non‑compliance is suspected and the DLI gets 30 days to make written submissions;
  • after that, a notice of final determination can be issued.
• Allows the Minister to put non‑compliant DLIs on a public suspension list for up to 12 months. While on the list, any study permit application naming that DLI must be returned to the applicant unprocessed (with documents and fee).
• Requires a student who is already in Canada and who wants to move to another post‑secondary DLI to submit a new study permit application before the new program start date. The student may attend the new DLI while that application is being decided if they stay in Canada and keep meeting other permit conditions.
• Makes letter‑of‑acceptance verification a permanent regulatory requirement for post‑secondary DLIs.
• Raises the limit on off‑campus work during regular academic sessions from 20 hours to 24 hours per week.
• The proposed regulations would come into force on the day they are registered.

Who's affected#

• Post‑secondary DLIs across Canada (public and private). Quebec institutions are currently designated by Quebec but would be brought into federal compliance reporting through an arrangement; onboarding may take about one year.
• International students in post‑secondary programs who need letters of acceptance, who change schools, or who work off campus.
• IRCC, which would implement and enforce the new reporting, verification and suspension rules.
• Employers and industries that hire international students for part‑time work (for example food services and accommodation).
• Small private DLIs would face extra reporting and verification work and some costs.

Why it matters#

• Aims to reduce fraud and make it harder to use fake or improperly issued letters of acceptance. That could protect students from being misled and help IRCC stop non‑genuine applications earlier.
• Gives IRCC a way to act when a school does not report student enrollment or refuses to verify letters of acceptance, including a public suspension that stops new study permits naming that school.
• Lets some students earn a little more: the off‑campus work limit rises from 20 hours to 24 hours per week, which IRCC estimates would increase earnings for eligible students.
• There are trade‑offs:
  • IRCC estimates the regulations would cost about $86,957,971 (present value) to implement over 10 years, mostly for government work, DLI compliance time, and for students who must reapply.
  • The estimated benefit to students from the extra work hours is about $10.2 billion (present value) over 10 years.
  • Students who switch schools will face reapplication costs, including the study permit fee of $150 and time to prepare an application; some applications could be returned if a DLI is suspended.
  • Processing volumes could increase, which may slow decisions unless resources are adjusted.
• The proposal is not law yet. Comments were invited within 30 days of publication (publication June 29, 2024).