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C.C.S.M. c. I75
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 | |