S.M. 2013, c. 52
Bill 44, 3rd Session, 40th Legislature
The International Education Act
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(1) | Education provider must maintain list of recruiters, agencies |
(2) | Exception |
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 |
(5) | Duty to adopt security safeguards |
(6) | Safeguards for sensitive 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 |