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

Issues Identified: Canada’s Immigration, Refugees and Citizenship Canada (IRCC) and provincial/territorial governments share responsibilities for international students under the current Immigration and Refugee Protection Regulations (IRPR). Designated Learning Institutions (DLIs), which meet minimum standards set through Memoranda of Understanding (MOUs), are authorized to accept international students. However, three significant issues have been identified that affect program integrity:

1. Reporting Gaps: The federal government lacks the authority to require DLIs to report on student attendance, making it difficult for IRCC to verify if students are attending their institutions and complying with study permit requirements.
2. Non-Compliance Actions: IRCC cannot impose conditions, such as suspending study permit processing, on non-compliant DLIs, leading to the issuance of permits even when DLIs do not report on student enrollment.
3. Notification of DLI Changes: IRCC cannot compel international students to inform them when they change DLIs, complicating the monitoring of compliance with study permits and risking circumvention of study permit caps.

The proposed amendments aim to give IRCC the tools needed to ensure only genuine DLIs that comply with federal and provincial requirements are allowed to enroll international students. Additionally, these amendments will enable IRCC to verify students’ compliance with their study permit conditions and take action against non-compliant DLIs.

Conditions for DLIs: The proposed regulations would require post-secondary DLIs to:

• Confirm a student’s acceptance within 10 days upon request.
• Submit a compliance report on student enrollment status within 60 days upon request.
• Correct or provide additional information within 10 days upon request.
• Provide any further information required by the Minister within 10 days upon request.

DLIs would be allowed extensions in exceptional circumstances such as infrastructure failures, natural disasters, public health emergencies, or labor disputes.

Verification of DLI Compliance: IRCC officers would be authorized to verify DLI compliance if:

• There is suspicion of non-compliance.
• There is suspicion that a letter of acceptance was improperly issued.
• The DLI is selected for random verification.
• The DLI has a history of non-compliance.

Officers can request relevant documents and interviews with DLI representatives. If a DLI fails to comply, the officer must issue a notice of preliminary finding, detailing the non-compliance and recommending suspension, and allow the DLI 30 days to respond. The Minister may then issue a final determination and place the DLI on a public suspension list for up to 12 months, during which study permit applications naming the DLI will be returned unprocessed.

Amendments to Study Permit Requirements: International students wishing to change DLIs must apply for a new study permit before starting at the new institution. They can attend the new DLI while the application is processed, provided they comply with other permit conditions.

Letter of Acceptance Provisions: DLIs must confirm letters of acceptance provided by applicants. Family members accompanying international students are exempt from LOA verification if their permits are approved before entering Canada, but they must comply if they move to a post-secondary DLI in Canada.

Off-Campus Work Hours: The proposed regulations increase the limit on off-campus work hours for eligible international students from 20 to 24 hours per week, aiding students in managing living costs.

Regulatory Analysis: The cost-benefit analysis estimates the amendments will cost $86.96 million over ten years, including costs to DLIs for LOA verification and compliance reporting, and study permit holders for new applications when changing DLIs. The benefits, mainly from increased work hours, are estimated at $10.2 billion. The amendments aim to enhance program integrity, prevent fraud, and support international students financially while ensuring DLIs adhere to federal and provincial standards.

Designated Learning Institutions (DLIs) currently use two secure portals to verify Letters of Acceptance (LOAs) and complete compliance reports, and this process will remain unchanged under the proposed regulations. When a client submits an application, Immigration, Refugees and Citizenship Canada (IRCC) notifies the DLI through a secure portal to validate the LOA. DLIs must respond with a verification status of “match,” “no match,” or “cancelled” within 10 days. If there is no response within 10 days, the verification is marked incomplete, and the application is closed and returned to the client. For compliance, DLIs must report the enrollment status of study permit holders through a secured portal within 60 days, and respond to ad hoc requests within 10 days. Once submitted, these reports are final. Quebec DLIs, not currently part of the compliance reporting, will not be subject to these requirements immediately. IRCC plans to discuss a compliance approach with Quebec, expecting onboarding to take about a year, after which DLIs will report biannually upon request. IRCC will provide students with guidance on the consequences of not reapplying for a study permit if they change DLIs, including the necessary time frame for action. IRCC will also update its officer guidance, field manuals, and websites, and train officers on the new regulations. Public outreach and announcements will inform stakeholders of upcoming changes. To ensure compliance, IRCC will ask DLIs for additional documents if conditions are not met and may enforce penalties, including placing non-compliant DLIs on a public suspension list for up to a year, during which they cannot accept new international students. Applications from suspended DLIs will not be processed and will be returned. Enforcement will also apply to students who change DLIs without authorization, requiring them to reapply for a study permit, leave the country, or change their status. Non-compliance may result in IRCC declining to issue a new study permit or issuing a removal order.

The amendments to the Immigration and Refugee Protection Regulations regarding Designated Learning Institutions introduce several key changes. First, students on study permits can work full-time during breaks but are limited to 24 hours per week during regular academic sessions. Additionally, if a study permit holder applies for a new permit while remaining in Canada, they may continue their studies without a valid permit until a decision is made. Applications for study permits will be returned unprocessed if the designated post-secondary institution does not confirm acceptance to the Minister. Further, study permits require proof of acceptance from the designated institution. If students transfer to another institution, they must apply for a new permit before starting their new program. Institutions must also comply with conditions set by the Minister, including providing updates on student enrollment status and responding to information requests. Non-compliance may lead to suspension from the list of designated institutions, affecting the processing of study permit applications.

More details on the amendments to the Immigration and Refugee Protection Regulations can be found here.