Invalidity

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. Marginal note: 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.

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. Marginal note: 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. Marginal note: 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.

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. Marginal note: 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. Marginal note: 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.

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. Marginal note: 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.

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. Marginal note: 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). Marginal note: Maximum period of suspension (3) The maximum period for which a designated learning institution may remain on the suspension list is 12 consecutive months.

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. Marginal note: 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. Marginal note: 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.