2nd Session, 40th Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).
Bill 44
THE INTERNATIONAL EDUCATION ACT
Section |
Table of Contents |
INTERPRETATION | |
1(1) | Definitions |
(2) | Interpretation |
(3) | "Act" includes regulations |
APPLICATION | |
2 | Programs of education or training, education providers |
3 | Program need not solely be for international students |
DESIGNATION | |
4 | Only designated education provider may provide programs to international students |
5(1) | Register of designated education providers |
(2) | Contents of register |
(3) | Public information |
6 | Not transferable or assignable |
AUTOMATIC DESIGNATION | |
7(1) | Designation without application |
(2) | Information to be entered on the register |
(3) | Director may require information |
DESIGNATION BY APPLICATION | |
8(1) | Other education providers may apply for designation |
(2) | Private vocational institutions may apply to include programs in designation |
(3) | Contents of application |
(4) | Director may inspect premises as part of application process |
9(1) | Designating other education providers |
(2) | Certain applicants may only be provisionally designated |
10 | Entry of name on register |
11(1) | Reasons for refusal |
(2) | Appeal procedures apply |
CONDITIONS ON DESIGNATION | |
12(1) | Conditions — accreditation |
(2) | Conditions — program |
(3) | Effect of condition |
(4) | Conditions — provisional designation |
(5) | Other conditions |
13 | Designated education provider must comply with conditions |
14 | Director must enter conditions on register |
SUSPENSION OR CANCELLATION OF DESIGNATION | |
15(1) | Voluntary cancellation |
(2) | Director may impose conditions |
16 | Suspension or cancellation |
CODE OF PRACTICE AND CONDUCT | |
17(1) | Code of practice and conduct |
(2) | Purpose of code |
(3) | Content of code |
18(1) | Education providers must comply with the code |
(2) | Education providers must ensure recruiters comply with code |
(3) | Recruiters must comply with the code |
OTHER OBLIGATIONS AND PROHIBITIONS | |
19(1) | Reporting requirements |
(2) | Contents of report |
20 | Education provider must maintain list of recruiters, agencies |
21(1) | Prohibition — misleading or deceptive conduct |
(2) | Prohibition — knowingly permitting recruiter to contravene Act, etc. |
22 | Prohibition — misleading or deceptive recruiting conduct |
23 | Obligations and prohibitions are in addition to any others |
DIRECTOR OF INTERNATIONAL STUDENTS | |
24(1) | Director of international students |
(2) | Director may delegate |
25 | Public disclosure — non-compliance |
26(1) | Director must maintain public registry |
(2) | Condition imposed not to deal with specified recruiters |
(3) | Additional information may be entered |
(4) | Provider that has been given notice cannot deal with recruiter |
INSPECTION POWERS | |
27 | Inspection |
28(1) | Appointment of inspectors |
(2) | Requirements for appointment |
(3) | Identification |
29(1) | Entry of premises and inspection of records |
(2) | Education provider must comply |
(3) | Computers, photographs and copies |
(4) | Removal |
(5) | Admissibility of copies |
(6) | Court order |
(7) | Warrant to enter and investigate |
(8) | Application without notice |
(9) | Obstruction prohibited |
COMPLIANCE | |
30 | Application to all designated education providers |
31(1) | Evaluation |
(2) | Evaluation of certain designated education providers by approved body, etc. |
(3) | Evaluation costs to be charged |
(4) | Written report |
(5) | Obstruction prohibited |
(6) | Results of evaluation |
(7) | Exception |
(8) | Appeal procedures apply |
32(1) | Director may impose sanctions for non-compliance |
(2) | Actions that director may take |
33(1) | Notice, submission and hearing |
(2) | Extension of time |
(3) | Where no submission made or hearing arranged |
(4) | Reasons for decision |
34(1) | Order to comply |
(2) | Contents of order |
(3) | What a person may be required to do |
(4) | Duty to comply |
(5) | Court-ordered compliance |
(6) | Order |
35 | When suspension or cancellation takes effect |
36(1) | Effect of suspension on international students |
(2) | Effect of suspension on prospective international students |
37 | Effect of cancellation on international students |
38 | Name removed from register |
39(1) | Appeal by designated education provider, recruiter |
(2) | How to appeal |
(3) | Court's decision |
40 | Injunction |
GENERAL | |
41(1) | Director may require information |
(2) | Duty to provide information |
42(1) | Minister may request information to be provided |
(2) | Duty to provide information |
43(1) | Meaning of "individual international student information" |
(2) | Limit on individual international student information |
(4) | Additional limits — individual international student information |
44(1) | Use of information |
(2) | Permitted collection, use and disclosure continue |
45 | Ability to share information |
46 | Immunity |
OFFENCES AND PENALTIES | |
47 | Providing education or training without designation |
48 | False or misleading information |
49 | Offence |
50(1) | Penalty |
(2) | Directors and officers |
(3) | Time limit for prosecution |
REGULATIONS | |
51(1) | Regulations |
(2) | Ministerial regulations |
(3) | Scope and application of regulations |
(4) | Incorporation by reference |
TRANSITIONAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | |
52 | Transitional |
53 | C.C.S.M. reference |
54 | Coming into force |