Reporting to the Ministry|
Questions and Answers |
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| 1 | Question: |
The government passed legislation to expand the list of s49(7) exemptions from the payment of tuition fees. When is this legislation effective? |
| Answer: | The legislation amendments to s 49 (7) of the Education Act come into force on September 1, 2005. | |
| 2 | Question: |
As a result of this legislation amending the Education Act, what are the exemptions in s 49 (7) from the payment of tuition fees? |
| Answer: |
The legislative amendments repealed the previous s 49 (7) and replaced it with a new subsection. The previous exemptions continued and new exemptions were added, specifically: Pupils who are minor children whose parent or someone else with lawful custody of him or her is in Canada: a) Awaiting determination of an application for permanent residence or a work permit under the Immigration and Refugee Protection Act (IRPA). b) Studying full-time, as authorized under IRPA, at a university, college, or institution in Ontario that receives operating grants from the Government of Ontario. c) As a religious worker authorized to work in Canada under clause 186 (l) of the Regulations made under IRPA. For more information - see legislation |
| 3 | Question: |
Will international (visa) students who come to study at an Ontario publicly funded school still be required to pay tuition fees? |
| Answer: | Yes. These legislative amendments to the Education Act do not affect the existing obligation of international students to pay fees. |
| 4 | Question: |
How will a school board know that a pupil's parent or someone else with lawful custody of him or her is in Canada as a temporary resident and is awaiting determination of an application for a work permit or permanent residence in Canada under the Immigration and Refugee Protection Act (Canada)? |
| Answer: |
Like all other parents or guardians who seek to enrol their minor children in an Ontario elementary or secondary school, temporary residents are expected to present the necessary documentation to school officials when they register, including presenting sufficient documentation that they have applied to stay in Canada and are awaiting determination from Citizenship and Immigration Canada (CIC) with respect to their application. The following are example(s) of documentation a school board may ask for: a. An official letter or document issued by CIC confirming they are processing the respective application. b. A letter or document issued by a lawyer who is a member in good standing of a Canadian law society or an immigration consultant who is a member in good standing of the Canadian Society of Immigration Consultants -who has assisted in the completion and filling of the respective application to CIC. c. A copy of the completed application together with a copy of a CIC fees receipt showing that payment was made with respect to the application to CIC. d. A copy of the completed application together with a printout of a CIC on-line status query regarding an application already made. School boards are expected to retain the above types of documentation in the student's OSR file. |
| 5 | Question: |
Are school board expected to follow up with Citizenship and Immigration Canada (CIC) regarding the outcome of a person's application for a work permit or permanent residence? |
| Answer: | No. Once a pupil is admit to school, boards do not need to take any additional action regarding the student's tuition fee status. |
| 6 | Question: |
What is the definition of a religious worker authorized to work in Canada by CIC without a work permit? |
| Answer: |
Clause 186(l) of the regulations made under the Immigration and Refugee Protection Act (Canada), defines a religious worker as follows: A person who is responsible for assisting a congregation or group in the achievement of its spiritual goals and whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group or provide spiritual counselling; For more information see the Citizenship and Immigration Canada (CIC) website at http://www.cic.gc.ca. |
| 7 | Question: |
How will a school board know whether the parent or person who has lawful custody of a student is a full-time student at a university or college? |
| Answer: |
It is the responsibility of the parent or guardian to demonstrate that they are a full-time pupil. Such full-time status could be confirmed by: a. A receipt showing the amount paid for post secondary tuition fees by the parent or guardian from the post secondary institution and; b. The provision of documentation indicating full-time attendance from the post secondary institution the person is attending. School boards are expected to retain the above types of documentation in the student’s OSR file. |
| 8 | Question: |
The legislative amendments to s 49 (7) of the Education Act provide the Minister with the ability to make regulations to exempt one or more classes of persons from the payment of tuition fees. Has the Minister made any regulations at this time? |
| Answer: | Yes. The Minister used the regulatory powers in this section to exempt persons displaced by Hurricane Katrina from the payment of tuition fees during the 2005-06 school year. |
