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S.M. 2013, c. 52

Bill 44, 3rd Session, 40th Legislature

The International Education Act

Back to the 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