The month-long consultation, launched on June 29, proposed to amend the way designated learning institutions are regulated to prevent any abuses of the study permit cap policy.  

Currently, international students are not compelled to notify the IRCC if they change DLIs, and the government cannot compel reporting from DLIS; where DLIs are not reporting, the IRCC cannot detect incompliance such as fraudulent letters of acceptance.  

The IRCC have warned that these regulation gaps “risk circumventing the study permit cap”, which was introduced in January 2024, leading to specified international student allocations for DLIs within each Canadian province.  

“Institutions have an interest in protecting their individual allotments under the cap program… they have expressed concern that student may use their enrolments to get a PAL/TAL, but upon arrival will simply change institutions,” Natasha Clark, international student adviser at memorial university Newfoundland told The PIE News. 

If the loophole is not addressed, it could undermine the integrity of the study permit cap policy and “negatively impact many institutions”, said Clark.  

Shawna Garett, head of the association of education providers in Novia Scotia, agreed that the current gaps in regulation opened the “possibility that some students and DLIs may explore avenues to circumvent the study permit cap system”.  

Under the proposed changes, international students must inform the IRCC if they change institutions and request another study permit through a secure portal.  

The main objective of the proposed amendments is to provide the IRCC with the tools to verify that students and DLIs are complying with study permit conditions and allowing the IRCC to suspend non-compliant DLIs.  

The government has invited provinces and institutions to consult on the changes, which Clark said were “very likely” to be passed, though there are concerns about the added administrative burden for DLIs of the new proposals. 

There is a risk that the framework could create even greater disparities between institutions

Natasha Clark, Memorial University Newfoundland

According to Garrett, provinces and institutions are likely to agree on the proposals addressing critical issues of compliance reporting and verification processes, though they could resist changes that “impose substantial new requirements or burdens on students and/or institutions”. 

Stakeholders also warned of the unintended consequences for international students and smaller DLIs.  

“The proposed changes could result in students losing their status in Canada should the DLI where they are studying be found in non-compliance. My concern with the proposed regulatory changes is that it will create further vulnerabilities for an already vulnerable population,” said Clark.  

“There is also a risk that the framework could create even greater disparities between institutions … smaller institutions and/or those in rural areas might struggle to meet the new benchmarks, potentially reducing their ability to attract and retain international students,” warned Clark.  

Conversely, smaller provinces and territories could potentially benefit from tailored approaches that support their specific needs, suggested Garrett.  

The impact of the proposed regulations will vary across the territories, with Ontario, British Columbia, Nova Scotia and Quebec potentially facing significant adjustments due to their large international student populations.  

Quebec, which does not currently engage in the IRCC’s compliance reporting, is likely to feel the biggest impact of the amendments, which would include Quebec’s post-secondary DLIs in the compliance reporting regime.  

The proposed amendments also allow international students to work four additional hours off campus, raising the maximum to 24 hours per week.  

This policy has been widely expected since its proposal in April and is being welcomed by international students to help offset the spiralling cost of living in Canada.  

The jury is still out on whether the consultation has been broad and inclusive

Shawna Garett, EduNova

The fact that these issues are only being addressed six months after the caps were announced highlights the complexity of the challenges facing Canada’s international education sector, and the need for thorough analysis and stakeholder engagement.  

According to Clark, it is possible that the IRCC didn’t recognise the current issues as potential consequences of the caps, causing them to make “reactionary” changes.  

“From my perspective as an International Student Advisor at a DLI, institutions were not consulted on the study permit cap policy. As a result, we did not have an opportunity to present our concerns about this potential loophole until after the cap announcement,” she said.  

“The jury is still out on whether the consultation has been thorough and whether stakeholder engagement has been broad and inclusive,” added Garrett.