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Canada’s Immigration Ministry Proposes Enhanced Compliance Measures for Educational Institutions

IRCC Introduces Stricter Regulations for International Student Programs

Immigration, Refugees and Citizenship Canada (IRCC) has unveiled new regulatory proposals aimed at strengthening compliance within the international student sector. Announced on 20 June for a 30-day public review period, the proposed changes mandate more stringent reporting requirements for Canadian institutions and schools. Key changes include:

  • Granting IRCC the authority to suspend study permit processing for institutions that fail to comply.
  • Making it mandatory for students to apply for a new study permit when transferring to another institution.
  • Increasing the limit on off-campus work during study from 20 hours per week to 24 hours per week.

Highlighted Reforms

The highlighted reform is the enhanced compliance reporting and suspension authority granted to IRCC under the draft regulations. This proposal touches on the sensitive balance of power between federal and provincial jurisdictions. According to a statement accompanying the draft regulations:

“The administration of the International Student Programme (ISP) is a shared responsibility between IRCC and Provinces and Territories (PTs). For its part, IRCC is responsible for setting policy regarding the entry of international students, establishing the conditions study permit holders must meet while in Canada, and deciding whether a study permit should be issued to an applicant.”

“To receive international students, Designated Learning Institutions (DLIs) must be designated by the province or territory based on mutually agreed-upon standards with IRCC. PTs also set the standards that DLIs must meet to maintain their designation. PTs inform IRCC when institutions should be added or removed from the public DLI list, which identifies authorized institutions within each province or territory.”

The summary underscores that IRCC is taking a more pronounced role in DLI oversight and potential sanctioning than has previously been standard practice. The proposed measures aim to maintain industry integrity by addressing three main issues:

“Currently, federal regulations do not provide IRCC with the regulatory authority necessary to compel reporting from DLIs as part of the compliance program and letter of acceptance verification system. In cases where DLIs do not report, IRCC lacks a reliable method for confirming whether a student is attending their specified DLI and complying with study permit conditions, as well as effectively detecting fraudulent letters of acceptance.”

New Regulations Impacting Canadian Immigration for International Students

The latest regulations set forth a series of mandatory reporting requirements for post-secondary Designated Learning Institutions (DLIs). Additionally, the regulations grant Immigration, Refugees, and Citizenship Canada (IRCC) the authority to suspend study permit processing for non-compliant DLIs for up to 12 consecutive months.

IRCC’s assessment of these regulatory amendments highlights that they will enable the department to tackle integrity issues effectively and mitigate common unethical practices that compromise the program’s credibility. “The enhanced Letter of Acceptance (LOA) verification system would allow IRCC to scrutinize each LOA submitted with study permit applications before processing…Codifying the requirement for biannual compliance reports would help IRCC bridge the compliance gap in the current system…Requiring international students to secure a new study permit when transferring to another DLI would enable IRCC to more precisely monitor student compliance with permit conditions and track DLI changes,” states IRCC.

These proposed regulatory changes align with significant recent policy shifts in Canadian immigration regulations, including a cap on foreign enrolment and modifications to post-study work rights. They come amid substantial growth in Canada’s international student population, which surpassed one million by the end of 2023—a nearly 66% increase over the previous five years.

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