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The International Education Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of August 18, 2017.
It has been in effect since January 1, 2016, when this Act came into force.
 

C.C.S.M. c. I75

The International Education Act

(Assented to December 5, 2013)

WHEREAS Manitoba provides a safe, multicultural, multilingual, student-centred learning environment for international students that delivers a high-quality education and training experience;

AND WHEREAS international students enrich the learning experience of domestic students, and the education and training programs of Manitoba's education providers are enhanced by an international dimension;

AND WHEREAS international students make significant social, cultural and economic contributions to Manitoba;

AND WHEREAS the establishment of practice and conduct standards for Manitoba's education providers and their recruiters in dealing with international students provides protection for those students while also enhancing Manitoba's education reputation;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

INTERPRETATION

Definitions

1(1)        The following definitions apply in this Act.

"approved" means approved by the director. (« approuvé »)

"code of practice and conduct" means the code of practice and conduct prescribed under subsection 17(1). (« code de pratique et de conduite »)

"college" means a college as defined in section 1 of The Advanced Education Administration Act. (« collège »)

"compliance order" means a compliance order issued under section 34. (« ordre d'observation »)

"court" means the Court of Queen's Bench. (« tribunal »)

"degree-granting institution" means an institution (other than a university or college) that is authorized to grant a degree under The Degree Granting Act. (« établissement autorisé à attribuer des grades »)

"designated education provider" means an education provider designated under subsection 7(1) or section 9. (« fournisseur de services d'éducation agréé »)

"director" means the person appointed as the director of international students under subsection 24(1). (« directeur »)

"domestic student" means a person who is a student of an education provider, and is a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada) or a resident pupil within the meaning of The Public Schools Act. (« étudiant national »)

"international student" means a person who is a student of an education provider and is not a domestic student. (« étudiant international »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"prescribed" means prescribed by regulation. (English version only)

"prescribed education provider" includes a member of a prescribed class of education providers. (« fournisseur de services d'éducation réglementaire »)

"private school" means a private school as defined in The Education Administration Act that receives funding under subsection 60(5) of The Public Schools Act. (« école privée »)

"private vocational institution" means a private vocational institution as defined in The Private Vocational Institutions Act. (« établissement d'enseignement professionnel privé »)

"provisional designation" means a provisional designation under subsection 12(4). (« agrément provisoire »)

"public registry" means the public registry referred to in subsection 26(1). (« registre public »)

"recruiter" means a person who, for consideration, recruits prospective international students for a designated education provider and includes an agent of a designated education provider. (« agent de recrutement »)

"regional vocational school" means a regional vocational school operated under The Public Schools Act. (« école professionnelle régionale »)

"register" means the register referred to in subsection 5(1). (« registre »)

"university" means a university as defined in The Advanced Education Administration Act. (« université »)

Interpretation

1(2)        In this Act, the provision of a program of education or training includes providing, offering, organizing or procuring such a program.

"Act" includes regulations

1(3)        A reference to "this Act" includes the regulations made under this Act.

APPLICATION

Programs of education or training, education providers

2           This Act applies to the provision of programs of education or training to international students and the recruitment of prospective international students by the following education providers:

(a) a university;

(b) a college;

(c) a degree-granting institution;

(d) a school division;

(e) a private school;

(f) a regional vocational school;

(f.1) the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology Act;

(g) a private vocational institution;

(h) a language school;

(i) a prescribed education provider.

Program need not solely be for international students

3           For the purpose of this Act, a program of education or training is provided to international students even if domestic students are also enrolled in the same program.

DESIGNATION

Only designated education provider may provide programs to international students

4           An education provider may provide a program of education or training to international students only if the education provider is designated under this Act.

Register of designated education providers

5(1)        The director must establish and maintain a register of designated education providers.

Contents of register

5(2)        The register must contain the following information for each designated education provider:

(a) its name, address and contact details;

(b) its designation date;

(c) if applicable, the expiry date of its provisional designation;

(d) the conditions imposed on its designation;

(e) information as to whether it has been the subject of a compliance order;

(f) information as to whether its designation is or has been suspended or cancelled;

(g) if applicable, information as to whether a registration that it is required to obtain and maintain under another Act has been suspended or cancelled in any of the prescribed number of years;

(h) the information specified in the regulations, if any.

Public information

5(3)        The director must make the register available for inspection by members of the public at all reasonable times at his or her principal office and must also publish the register on the Internet.

Not transferable or assignable

6           A designation is not transferable or assignable.

AUTOMATIC DESIGNATION

Designation without application

7(1)        The following are designated:

(a) a university;

(b) a college;

(c) a degree-granting institution;

(d) a school division;

(e) a private school;

(f) a regional vocational school;

(f.1) le Manitoba Institute of Trades and Technology maintenu en vertu de la Loi sur le Manitoba Institute of Trades and Technology;

(g) subject to subsection 8(2), a private vocational institution that is accredited by an approved accreditation body;

(h) a language school that is accredited by an approved accreditation body.

Information to be entered on the register

7(2)        For each designated education provider, the director must enter on the register the information referred to in subsection 5(2).

Director may require information

7(3)        The director may request, and a designated education provider must promptly provide, information for the purpose of establishing and maintaining the register.

DESIGNATION BY APPLICATION

Other education providers may apply for designation

8(1)        The following may apply to the director to be designated:

(a) a private vocational institution that is not accredited by an approved accreditation body;

(b) a language school that is not accredited by an approved accreditation body;

(c) a prescribed education provider.

Private vocational institutions may apply to include programs in designation

8(2)        If a private vocational institution is accredited by an approved accreditation body but the accreditation pertains only to particular programs of education or training provided by that institution, the institution may apply to the director under this section to have those programs included in its designation.

Contents of application

8(3)        The application must be made in an approved form and be accompanied by

(a) evidence satisfactory to the director that the applicant

(i) in the case of a private vocational institution, has been providing one or more programs of education or training to international students

(A) in Manitoba for at least three years before the application date, or

(B) outside Manitoba for at least four years before the application date,

(ii) in the case of a language school, has been providing a program of language training to international students

(A) in Manitoba for at least three years before the application date, or

(B) outside Manitoba for at least four years before the application date, or

(iii) in the case of a prescribed education provider, meets the prescribed requirements for the provision of a program of education or training;

(b) information satisfactory to the director about the program or programs of education or training that the applicant intends to provide to international students, including, without limitation, information about

(i) the program duration,

(ii) the expected learning outcomes,

(iii) the credentials and training of program instructors,

(iv) the program entry and graduation requirements, and

(v) any other prescribed information;

(c) evidence satisfactory to the director that the applicant has the financial, human resources and administrative capacities to provide or continue to provide the program or programs of education or training to international students;

(d) evidence satisfactory to the director that the applicant has or will have adequate systems in place to support international students and, if the applicant intends to provide student accommodation, adequate accommodation services;

(e) evidence satisfactory to the director that the applicant is able or will be able to comply with the code of practice and conduct;

(f) in the case of a private vocational institution, evidence that its registration under The Private Vocational Institutions Act is in good standing, and that its registration has not been suspended or cancelled in any of the prescribed number of years;

(g) the prescribed information;

(h) any additional information requested by the director; and

(i) the prescribed fee.

Director may inspect premises as part of application process

8(4)        As part of the application process, the director, or a person authorized by the director, may inspect the premises to be used by the education provider and the premises to be used for student accommodation.

Designating other education providers

9(1)        Subject to subsection (2), the director may approve an applicant's designation if the director is satisfied that

(a) the applicant is not carrying on any activities that are, or if the applicant is designated will be, in contravention of this Act;

(b) the applicant is able to provide one or more programs of education or training to international students in compliance with the code of practice and conduct;

(c) having regard to the applicant's financial, human resources and administrative capacities, the applicant can reasonably be expected to be financially responsible in providing programs of education or training to international students;

(d) the past conduct of the applicant (or its officers or directors, if the applicant is a corporation) does not give reasonable grounds to believe that the applicant will fail to provide programs of education or training to international students in accordance with law and with integrity and honesty;

(e) the applicant has not been convicted of an offence under this Act or an offence under the Criminal Code (Canada), or any other offence under the laws of a jurisdiction in or outside Canada that, in the director's opinion, involves a dishonest action or intent; and

(f) the applicant meets any other prescribed requirements.

The designation approval may be made with conditions, including conditions relating to provisional designation.

Certain applicants may only be provisionally designated

9(2)        If the applicant is

(a) unable to provide evidence under subclause 8(3)(a)(i) or (ii) (providing programs inside or outside Manitoba), as the case may be; or

(b) is only able to provide evidence under paragraph 8(3)(a)(i)(B) or (ii)(B) (providing programs outside Manitoba), as the case may be;

the director may approve the designation if the director is satisfied that the requirements in subsection (1) are met, but only as a provisional designation.

Entry of name on register

10          If the director approves an applicant's designation, the director must enter its name and the other information referred to in subsection 5(2) on the register.

Reasons for refusal

11(1)       If the director refuses to designate an applicant, he or she must give written reasons for the refusal to the applicant.

Appeal procedures apply

11(2)       An applicant may appeal the director's refusal to designate it. Section 39 applies with necessary changes to the appeal.

CONDITIONS ON DESIGNATION

Conditions — accreditation

12(1)       The following conditions apply to the designation of an accredited private vocational institution or language school referred to in clause 7(1)(g) or (h):

(a) the accreditation must remain in good standing;

(b) the private vocational institution or language school must promptly report to the director if its accreditation is suspended or cancelled;

(c) if the accreditation pertains only to particular programs of education or training provided by the private vocational institution or language school, it may only provide those particular programs to international students.

Conditions — program

12(2)       The director may impose on a designation approved under section 9 a condition that the designated education provider not provide a particular program of education or training to international students if, in the director's opinion,

(a) the program fails to meet a genuine education or training need;

(b) international students enrolled in the program will not be able to attain the expected learning outcomes, despite making reasonable efforts and complying with the program requirements; or

(c) the program's delivery model is not viable.

Effect of condition

12(3)       If a designation prohibits the education provider from providing a particular program of education or training to international students, the designated education provider

(a) must not recruit prospective international students for that program; and

(b) must not enroll international students or continue to have international students enrolled in that program.

Conditions — provisional designation

12(4)       The director may approve a designation provisionally and impose conditions on it, which may include, but are not limited to, the following:

(a) that the designation is valid for a specified time period and that it will expire at the end of the time period unless the education provider applies for and receives approval for a designation under subsection 9(1);

(b) that the education provider must report on additional specified matters or report more frequently than is required under section 19 (reporting requirements);

(c) that the education provider must give the director prior notice of any significant modifications to a program provided to international students.

Other conditions

12(5)       In addition to the conditions imposed under this section, a designation is also subject to any prescribed conditions and any other conditions that may be imposed on the designated education provider by the director.

Designated education provider must comply with conditions

13          A designated education provider must comply with the conditions on its designation.

Director must enter conditions on register

14          The director must enter any conditions imposed on a designated education provider on the register.

SUSPENSION OR CANCELLATION OF DESIGNATION

Voluntary cancellation

15(1)       A designated education provider may apply to the director to cancel its designation.

Director may impose conditions

15(2)       The director may impose conditions on the voluntary cancellation of a designated education provider.

Suspension or cancellation

16          A designation may be suspended or cancelled in accordance with sections 32, 33 and 35 to 39.

CODE OF PRACTICE AND CONDUCT

Code of practice and conduct

17(1)       The minister may prescribe a code of practice and conduct.

Purpose of code

17(2)       The purpose of the code of practice and conduct is to provide consistent standards for

(a) designated education providers in providing programs of education or training to international students; and

(b) recruiters in recruiting prospective international students.

Content of code

17(3)       The code of practice and conduct may provide for any or all of the following matters:

(a) assessment, admission and enrolment, including, without limitation, the use of international student advisors;

(b) recruitment, including, without limitation, the use of recruiters and the imposition of obligations (such as professional and ethical obligations) on them;

(c) the information to be disclosed to international students about the designated education provider's program or programs of education or training, including, without limitation, the amount of the tuition fees and the tuition refund policy, and when and how that information must be disclosed;

(d) the support services available to international students including, without limitation, accommodation services, orientation information and academic support;

(e) the procedures for dealing with complaints from international students and resolving disputes between international students and the designated education provider;

(f) the procedures and policies to deal with critical safety and security incidents involving international students;

(g) the procedures for the internal review of compliance with the code of practice and conduct;

(h) the designated education provider's institutional environment;

(i) the promotion and marketing of programs of education or training for international students;

(j) the establishment of alumni networks.

The code of practice and conduct may provide for other matters not listed in this subsection.

Education providers must comply with the code

18(1)       A designated education provider must comply with the code of practice and conduct.

Education providers must ensure recruiters comply with code

18(2)       A designated education provider must ensure that each of its recruiters complies with the code of practice and conduct.

Recruiters must comply with the code

18(3)       A recruiter must comply with the code of practice and conduct.

OTHER OBLIGATIONS AND PROHIBITIONS

Reporting requirements

19(1)       A designated education provider must submit to the director a report on its activities under this Act at the prescribed time and in the prescribed manner, along with the prescribed fee.

Contents of report

19(2)       The report must be satisfactory to the director and must include the following information:

(a) international student enrolment and graduation numbers for each program of education or training provided to international students for the period covered by the report;

(b) a description of any significant modifications made to a program of education or training for international students or to the accommodation or support services for international students;

(c) a description of any new program or programs of education or training that the applicant is providing or is intending to provide to international students, including the information referred to in clause 8(3)(b);

(d) any other prescribed information.

Education provider must maintain list of recruiters, agencies

20(1)       A designated education provider must establish and maintain a list of all the provider's recruiters and recruitment agencies and publish that list on its website and in any other prescribed manner.

Exception

20(2)       Despite subsection (1), a designated education provider is not required to publish the name of a particular recruiter if the director is satisfied, on application by the provider, that publishing the recruiter's name could reasonably threaten the safety of an international student.

Prohibition — misleading or deceptive conduct

21(1)       A designated education provider must not engage in misleading or deceptive conduct in connection with

(a) the recruitment of prospective international students; or

(b) the provision of a program of education or training to international students.

Prohibition — knowingly permitting recruiter to contravene Act, etc.

21(2)       A designated education provider who employs or engages a recruiter must not knowingly permit the recruiter to contravene a provision of this Act or the code of practice and conduct.

Prohibition — misleading or deceptive recruiting conduct

22          A recruiter must not engage in misleading or deceptive conduct in connection with the recruitment of prospective international students.

Obligations and prohibitions are in addition to any others

23          The obligations and prohibitions under this Act are in addition to any other obligations and prohibitions imposed on education providers in any other enactment.

DIRECTOR OF INTERNATIONAL STUDENTS

Director of international students

24(1)       A director of international students whose function is to administer and enforce this Act is to be appointed under The Civil Service Act.

Director may delegate

24(2)       The director may, in writing, authorize a person to carry out any of the director's duties or exercise the director's powers under this Act.

Public disclosure — non-compliance

25          The director may issue a public report disclosing details (including personal information) regarding the actions taken under section 32 when the director has served the decision on the designated education provider.

Director must maintain public registry

26(1)       The director must maintain a public registry, which may be in electronic form, containing the names of those recruiters with whom designated education providers must not deal.

Condition imposed not to deal with specified recruiters

26(2)       If the director imposes a condition under subclause 32(2)(a)(iv) that the designated education provider not deal with a specified recruiter, the director must

(a) give every other designated education provider written notice of the recruiter's name; and

(b) enter the recruiter's name on the public registry.

Additional information may be entered

26(3)       In addition to entering the recruiter's name, the director may enter other personal information about the recruiter on the registry if the director is of the opinion that a person consulting the registry would require the additional personal information to identify the recruiter.

Provider that has been given notice cannot deal with recruiter

26(4)       A designated education provider that has been given notice under clause (2)(a) must not have any dealings in respect of international students with the recruiter named in the notice.

INSPECTION POWERS

Inspection

27          An inspection may be carried out for the purposes of

(a) determining compliance with this Act, including the code of practice and conduct;

(b) verifying the accuracy or completeness of a record or of other information provided to the director; or

(c) performing any other duty or function that the director considers necessary or advisable in the administration or enforcement of this Act.

Appointment of inspectors

28(1)       The director may appoint one or more inspectors for the purpose of this Act.

Requirements for appointment

28(2)       The appointment must be made in writing and must set out

(a) the specific provisions of this Act or the code of practice and conduct in respect of which the inspector is authorized to determine compliance;

(b) the duration of the appointment; and

(c) the appointment's terms and conditions, if any.

Identification

28(3)       An inspector exercising a power under this Act must produce identification on request.

Entry of premises and inspection of records

29(1)       For the purpose of carrying out an inspection, an inspector may, at any reasonable time,

(a) enter and inspect any business premises of a designated education provider or any other premises or place (other than a private dwelling) where the inspector believes on reasonable grounds that records or things relevant to the administration and enforcement of this Act are kept;

(b) require the designated education provider to answer any questions or provide any information that the inspector considers relevant to the inspection; or

(c) require the designated education provider to give to the inspector any record or thing that the inspector considers relevant to the inspection and that the education provider possesses or that is under its control.

Education provider must comply

29(2)       If an inspector requires a designated education provider to answer questions or provide information or give him or her any record or thing, the provider must comply with the request.

Computers, photographs and copies

29(3)       For the purposes of an inspection, an inspector may

(a) use any computer system used in connection with the designated education provider's recruitment of prospective international students and enrolment of international students in order to produce a record in readable form;

(b) photograph or create images of the premises or place; or

(c) use any copying equipment at the premises or place to make copies of any relevant records.

Removal

29(4)       An inspector may remove any record or thing for the purpose of making copies, producing records or for examination or further inspection, but the copying, production, examination or further inspection must be carried out within a reasonable time and the items must be returned without delay to the person from whom they were taken.

Admissibility of copies

29(5)       A copy of a record made under subsection (3) or (4) and certified to be a true copy by the inspector is, in the absence of evidence to the contrary, admissible in evidence in any proceeding or prosecution as proof of the original record and its contents.

Court order

29(6)       If a designated education provider fails to produce any record or thing or fails to answer any question or provide any information, the director may apply to the court for an order directing one or both of the following:

(a) directing the education provider to produce to the inspector any record or thing that the inspector considers relevant to the inspection and in the education provider's possession or under its control;

(b) directing the education provider to attend before the inspector to provide information to the inspector, or answer any question that the inspector may have, relating to the inspection.

Warrant to enter and investigate

29(7)       A justice, upon being satisfied by information on oath that

(a) an inspector has been refused entry to any premises or place to carry out an inspection under this section; or

(b) there are reasonable grounds to believe that

(i) an inspector will be refused entry to any premises or place to carry out an inspection under this section, or

(ii) if an inspector were to be refused entry to any premises or place to carry out an inspection under this section, delaying the inspection in order to obtain a warrant on the basis of the refusal could be detrimental to the inspection;

may at any time issue a warrant authorizing the inspector and any other person named in the warrant to enter the premises or place and carry out an inspection under this section.

Application without notice

29(8)       An order or warrant under this section may be issued upon application without notice.

Obstruction prohibited

29(9)       A person must not

(a) obstruct an inspector;

(b) withhold or conceal from an inspector any record or thing relevant to an inspection; or

(c) destroy any record or thing relevant to an inspection.

COMPLIANCE

Application to all designated education providers

30          To avoid doubt, sections 31 to 40 apply to every designated education provider, regardless of whether its designation results from subsection 7(1) or is approved under section 9.

Evaluation

31(1)       The director may evaluate a designated education provider, or a particular program of education or training provided to international students by that provider, in order to determine whether the provider is complying with this Act or the code of practice and conduct. In doing so, the director, or a person authorized by the director in writing, may

(a) exercise any inspection powers under section 29;

(b) observe the manner in which instruction or training is being provided to international students;

(c) conduct interviews or surveys of international students, prospective international students, former international students, instructors, staff and recruiters; and

(d) take any other steps that the director or authorized person considers necessary to conduct the evaluation.

Evaluation of certain designated education providers by approved body, etc.

31(2)       As part of an evaluation of a designated education provider referred to in clauses 2(g) to (i), the director may require the designated education provider to permit an approved person, body or association to evaluate the program of education or training and provide those results to the director.

Evaluation costs to be charged

31(3)       The director may require a designated education provider to pay the reasonable costs incurred in conducting an evaluation. The costs must be paid to the director at the time and in the manner specified by the director.

Written report

31(4)       The director must prepare a written report on the results of the evaluation under this section and must provide a copy of the report to the designated education provider.

Obstruction prohibited

31(5)       A person must not obstruct the director or the authorized person in the conduct of an evaluation under subsection (1).

Results of evaluation

31(6)       As a result of an evaluation under this section, the director may impose any or all of the following:

(a) the condition that the designated education provider not provide a particular program of education or training to international students if, in the director's opinion,

(i) the program fails to meet a genuine education or training need,

(ii) international students enrolled in the program will not be able to attain the expected learning outcomes, despite making reasonable efforts and complying with the program requirements, or

(iii) the program's delivery model is not viable;

(b) either or both of the following conditions:

(i) that the designated education provider must report on additional specified matters or report more frequently than is required under section 19 (reporting requirements),

(ii) that the designated education provider must give the director prior notice of any significant modifications to a program provided to international students;

(c) any other condition that the director considers appropriate.

Exception

31(7)       Clause (6)(a) does not apply to the following programs:

(a) a program that is subject to approval under subsection 9.7(1) of The Advanced Education Administration Act;

(b) a program that forms part of the curriculum that is provided by a public school, or the equivalent of such a program;

(c) a program that meets the credit and course requirements established by the minister under The Education Administration Act leading to the granting of a high school diploma;

(d) a denominational theological program as described in subsection 9.2(2) of The Advanced Education Administration Act;

(e) a prescribed program of education or training for international students.

Appeal procedures apply

31(8)       An education provider may appeal the imposition of a condition under clause (6)(a). Section 39 applies with necessary changes.

Director may impose sanctions for non-compliance

32(1)       Sections 33 to 39 apply in the following circumstances:

1.

The director believes on reasonable grounds that a designated education provider or a recruiter is failing or has failed to comply with this Act, the code of practice and conduct or a designation condition.

2.

The director believes on reasonable grounds that there are serious deficiencies in the implementation of the code of practice and conduct by a designated education provider or a recruiter.

3.

The director believes on reasonable grounds that because of financial difficulty or any other reason a designated education provider might not be able to provide its program or programs of education or training to its international students.

4.

The director believes on reasonable grounds that an education provider no longer meets the criteria for designation under subsection 9(1).

Actions that director may take

32(2)       In the circumstances described in subsection (1), the director may

(a) impose one or more conditions on the education provider's designation including, without limitation,

(i) that there be no net increase, or only a limited net increase, in the number of international students enrolled with the designated education provider,

(ii) that the designated education provider enrol only a limited number of new international students,

(iii) that the designated education provider not accept any new students from a specified area,

(iv) that the designated education provider not deal with a specified recruiter in relation to prospective or enrolled international students, or

(v) that the designated education provider not provide a particular program of education or training to international students;

(b) issue an order directed to a designated education provider or recruiter in accordance with section 34; or

(c) suspend or cancel the education provider's designation.

Notice, submission and hearing

33(1)       Before making a decision to act under section 32, the director must give the designated education provider written notice stating that

(a) the director intends to take the action and why; and

(b) the designated education provider may, within 14 days after being served with the notice,

(i) make a written submission to the director as to why the action should not be taken, or

(ii) contact the director to arrange a date and time for a hearing before the director.

Extension of time

33(2)       The director may extend the 14-day period referred to in clause (1)(b).

Where no submission made or hearing arranged

33(3)       If the designated education provider does not make a written submission or arrange for and attend a hearing under clause (1)(b), the director may take the action stated in the notice.

Reasons for decision

33(4)       The director must give written reasons for a decision to act under section 32.

Order to comply

34(1)       The director may issue a written order directed to a designated education provider or recruiter if, in the director's opinion, the education provider or recruiter fails to comply with a provision of this Act, the code of practice and conduct or, in the case of an education provider, a condition of its designation.

Contents of order

34(2)       An order issued by the director under this section must set out the following:

(a) the name of the designated education provider or recruiter to whom the order is directed;

(b) the action that the designated education provider or recruiter must take as set out in subsection (3);

(c) the date of the order and the time period within which the designated education provider or recruiter must comply;

(d) the reasons for the order;

(e) a statement that the designated education provider or recruiter has the right to appeal the order.

What a person may be required to do

34(3)       An order issued by the director under this section may require the designated education provider or recruiter to do either or both of the following:

(a) comply with a provision of this Act, the code of practice and conduct or, in the case of an education provider, a condition of its designation;

(b) do or refrain from doing one or more things specified in the order within the specified time period.

Duty to comply

34(4)       A designated education provider or recruiter to whom a compliance order is directed must comply with it within the specified time period, unless the provider or recruiter appeals it in accordance with subsection 39(2).

Court-ordered compliance

34(5)       If a designated education provider or recruiter fails to comply with the order, and the order has not been appealed under section 39 (or on an appeal, the appeal has not been allowed), the director may apply to the court for an order directing compliance. An application may be made without notice if the court considers it appropriate in the circumstances.

Order

34(6)       The court may order compliance on any conditions that the court considers appropriate and may make any other order it considers necessary to ensure compliance.

When suspension or cancellation takes effect

35          If the director suspends or cancels an education provider's designation under clause 32(2)(c), the suspension or cancellation takes effect when notice of the decision is served on the provider, or on the date specified in the decision, whichever is later.

Effect of suspension on international students

36(1)       If an education provider's designation is suspended, the education provider may, subject to any conditions imposed on the suspension, continue to provide the program of education or training to the international students who are enrolled at the time the suspension takes effect.

Effect of suspension on prospective international students

36(2)       An education provider whose designation has been suspended must not recruit prospective international students.

Effect of cancellation on international students

37          If an education provider's designation is cancelled, the education provider must not enroll international students or continue to have international students enrolled.

Name removed from register

38          When an education provider's designation is cancelled, the director must remove its name and information from the register.

Appeal by designated education provider, recruiter

39(1)       A decision of the director to act under section 32 may be appealed to the court by the designated education provider or recruiter.

How to appeal

39(2)       An appeal to the court must be made by filing an application with the court within 14 days after a copy of the director's decision is served on the designated education provider or recruiter. The education provider or recruiter must also serve on the director a copy of the application that was filed.

Court's decision

39(3)       The court may

(a) confirm the director's decision; or

(b) allow the appeal, on any terms and conditions the court considers appropriate.

The court may make any order as to costs that the court considers appropriate.

Injunction

40          On application by the director, and on being satisfied that there is reason to believe that a person has done, is doing or is about to do anything that contravenes a provision of this Act or the code of practice and conduct, the court may issue an injunction ordering the person to refrain from doing that thing.

GENERAL

Director may require information

41(1)       The director may require a designated education provider to provide to the director any financial or other information that the director considers necessary.

Duty to provide information

41(2)       The designated education provider must provide the requested information to the director in the form and manner, and within the time, specified by the director.

Minister may request information to be provided

42(1)       For the purpose of administering and enforcing this Act, the minister may request a department, branch or office of the executive government of the province to provide information to the minister.

Duty to provide information

42(2)       An entity that receives a request under this section must provide the requested information in the form and manner, and within the time, specified by the minister.

Meaning of "individual international student information"

43(1)       In this section and in sections 44 and 45, "individual international student information" means, in respect of an international student,

(a) personal information (as defined in The Freedom of Information and Protection of Privacy Act); and

(b) the educational identifier (as defined in The Advanced Education Administration Act) assigned to the international student, if any.

Limit on individual international student information

43(2)       The information referred to in sections 41 and 42 may include individual international student information, but only if the person making the request is satisfied that the information is necessary for the following purposes:

(a) to examine patterns and changes over time in respect of regions or countries of origin of international students;

(b) to examine international student program participation, attrition and completion;

(c) to understand and track patterns of international student mobility;

(d) to understand and anticipate trends in program choices among international students;

(e) to examine the patterns and changes in international student tuition, fees and expenses, including accommodation and related expenses;

(f) to comply with the provisions of an agreement or arrangement entered into by the minister under section 45;

(g) any other prescribed purpose.

Additional limits — individual international student information

43(4)       The minister and the director

(a) must not request or collect individual international student information if other information will serve the purpose; and

(b) must limit the amount of requested or collected individual international student information to the minimum amount necessary to accomplish the purpose for which it is required or collected.

Duty to adopt security safeguards

43(5)       The minister and the director must protect all information, including individual international student information, collected under this Act by adopting reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information.

Safeguards for sensitive information

43(6)       In determining the reasonableness of security safeguards adopted under subsection (5), the degree of sensitivity of the information to be protected must be taken into account.

Use of information

44(1)       In carrying out his or her functions under this Act, the director may use the information, including individual international student information, that the minister collects under this Act and the other Acts under the minister's administration.

Permitted collection, use and disclosure continue

44(2)       Nothing in this Act limits the authority of the minister or the director to collect, use and disclose individual international student information if authorized or required to do so by law, including The Freedom of Information and Protection of Privacy Act.

Ability to share information

45          The minister may, in accordance with any agreement or arrangement entered into by the minister, provide information collected or obtained under this Act, including individual international student information, to a government department or government agency of the Government of Canada or of another province or territory that deals with international education and international students.

Immunity

46          No action or proceeding may be brought against the director or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power, duty or function under this Act.

OFFENCES AND PENALTIES

Providing education or training without designation

47          A person who provides a program of education or training to international students without being designated under this Act is guilty of an offence.

False or misleading information

48          A person who knowingly provides false or misleading information when applying for a designation under this Act is guilty of an offence.

Offence

49          A person who contravenes

(a) clause 12(3)(a) (effect of condition on recruiting);

(b) clause 12(3)(b) (effect of condition on enrolment);

(c) clause 21(1)(a) (misleading or deceptive recruiting);

(d) clause 21(1)(b) (misleading or deceptive conduct);

(e) subsection 21(2) (knowingly permit recruiter to contravene Act);

(f) section 22 (misleading or deceptive recruiting conduct);

(g) subsection 26(4) (dealing with prohibited recruiter);

(h) clause 29(9)(a) (obstruction);

(i) clause 29(9)(b) (withholding or concealing records);

(j) clause 29(9)(c) (destruction);

(k) subsection 31(5) (obstruction);

(l) subsection 36(2) (suspension and recruiting);

(m) section 37 (cancellation and enrolment);

(n) a prescribed provision of the code of practice and conduct or any other regulation under this Act;

is guilty of an offence.

Penalty

50(1)       Every person who is guilty of an offence under this Act is liable on summary conviction

(a) in the case of an individual, to a fine of not more than $25,000; and

(b) in the case of a corporation, to a fine of not more than $100,000.

Directors and officers

50(2)       If a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of the offence and is liable on summary conviction to a fine of not more than $25,000, whether or not the corporation has been prosecuted or convicted.

Time limit for prosecution

50(3)       A prosecution under this Act may be commenced within two years after the day the alleged offence was committed.

REGULATIONS

Regulations

51(1)       The Lieutenant Governor in Council may make regulations

(a) prescribing education providers or one or more classes of education providers for the purpose of clause 2(i) or 8(1)(c);

(b) respecting the establishment, content and maintenance of the register and the public registry;

(c) requiring designated education providers to make and maintain records for the purposes of this Act, and specifying the records to be made and maintained and the length of time for which and the location at which those records are to be retained;

(d) governing standards and procedures relating to information reporting by education providers, including reporting personal information about individual international students, and the form and manner of reporting and the time periods in which reports must be made;

(e) respecting the disclosure and use of information collected in the administration and enforcement of this Act;

(f) respecting the manner of giving or serving any notice, order or other document under this Act and specifying the time at which it is deemed to have been given or served;

(g) prescribing the fees payable, or a method of determining the fees payable, under this Act;

(h) prescribing or specifying anything that is prescribed or specified in this Act;

(i) defining any word or expression used but not defined in this Act;

(j) exempting or varying any class of education providers or designated education providers from the application of this Act or any provision of this Act;

(k) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Ministerial regulations

51(2)       The minister may make regulations

(a) respecting the code of practice and conduct, including governing and prohibiting activities relating to the code's purpose;

(b) designating an international education mark and authorizing and governing the use of the mark.

Scope and application of regulations

51(3)       A regulation under subsection (1) or (2)

(a) may be general or particular in its application; and

(b) may establish classes of prospective or enrolled international students, education providers, programs of education or training, and may apply differently to different classes.

Incorporation by reference

51(4)       A regulation under subsection (2) may incorporate by reference, in whole or in part, any code, standard or guideline, and the incorporation may be as amended from time to time and subject to any changes that the minister considers necessary.

TRANSITIONAL, C.C.S.M. REFERENCE AND COMING INTO FORCE

Transitional

52          Sections 4 and 47 do not apply to an education provider referred to in subsection 8(1) that was in operation on the day before section 4 comes into force until one year after its coming into force.

C.C.S.M. reference

53          This Act may be referred to as chapter I75 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

54          This Act comes into force on a day to be fixed by proclamation.

NOTE:  S.M. 2013, c. 52 came into force by proclamation on January 1, 2016.