Code of Practice and Conduct Regulation

Code of Practice and Conduct Regulation, M.R. 1/2016 The International Education Act , C.C.S.M. c. I75 Regulation 1/2016 Registered January 4, 2016 bilingual version (HTML) Table of Contents 1 Definitions 2 Accurate information 3 Availability of information 4 Admitting qualified international students 5 Informing students that services of a recruiter not required 6 Recruiter obligations 7 Provider's obligations re recruiters 8 Agents who act as recruiter 9 Actions of provider re agents 10 Support for international students 11 Complaints and dispute resolution 12 Annual review of compliance and policies and procedures 13 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The International Education Act . (« Loi ») "financial assistance" includes scholarships, bursaries and grants. (« aide financière ») "information" includes information contained in printed material and information conveyed through a website or by other electronic means. (« renseignements ») "program" means a program of education or a program of training. (« programme ») Accurate information 2(1) The information provided to students by a designated education provider must be accurate. 2(2) The information provided to students by a designated education provider's recruiter must be accurate. 2(3) A designated education provider must review the information provided to students at least annually for accuracy and relevancy. Availability of information 3 A designated education provider must make the following information readily available to prospective international students: (a) the designated education provider's profile, including (i) the location of its campus or campuses, (ii) a general description of the facilities, equipment and research and library resources available to students, and (iii) contact information for obtaining additional information from the provider; (b) for each program, (i) a description, including the duration, mode of study and resulting credential, (ii) the admission policies, procedures and requirements, including educational qualifications, prerequisites, language proficiency levels and deadlines for applying, and (iii) the tuition fee and any other mandatory fees, including application fees; (c) a list of any available financial assistance and awards, and a summary of how to apply for them; (d) a summary of the policies and procedures for withdrawing from a program and the tuition and other fees that may be refundable upon withdrawal; (e) a statement about the procedures for obtaining a letter of acceptance from the designated education provider; (f) information about the availability and options respecting students residing on campus, including the estimated cost of residence on campus. Admitting qualified international students 4 A designated education provider must ensure that each international student who is admitted to a designated education provider's program meets the admission requirements, including educational qualifications and language proficiency levels, for that program. Informing students that services of a recruiter not required 5 In the information it makes available to prospective international students, a designated education provider must include a statement that it is not necessary for the student to engage the services of a recruiter in order to apply for admission in a program. Recruiter obligations 6(1) A recruiter must (a) act with honesty and integrity and in furtherance of the interests of prospective international students; (b) not engage in conduct that harms the integrity of (i) the designated education provider he or she represents, or (ii) the reputation of Manitoba's education system; and (c) in the case of an agent, act in compliance with the agreement he or she has entered into with the applicable designated education provider 6(2) Unless authorized to do so, a recruiter must not provide advice or represent a student in connection with any application or proceeding under the Immigration and Refugee Protection Act (Canada). Provider's obligations re recruiters 7(1) A designated education provider must take reasonable steps to ensure that each of its recruiters are (a) appropriately trained; (b) knowledgeable about the programs and services that the provider offers to international students; (c) generally knowledgeable about the education system in Manitoba and in Canada; and (d) provided with a copy of this code and The International Education Act . 7(2) A designated education provider must take reasonable steps to ensure that each of its recruiters acts with honesty and integrity and in furtherance of the interests of prospective international students. 7(3) A designated education provider must monitor and evaluate the recruitment activities of each of its recruiters on an ongoing basis. Agents who act as recruiter 8(1) Before an agent can act as a recruiter for a designated education provider, the agent and the designated education provider must enter into a written agreement. 8(2) A designated education provider must not enter into an agreement with an agent without being reasonably satisfied that the agent is reputable and will be competent in discharging his or her obligations under this code and the agreement. 8(3) The agreement must provide for the following: (a) the recruiter must, in advance, fully disclose to each prospective international student the fee, if any, to be charged by the recruiter; (b) the agreement must be terminated by the designated education provider in the circumstances described in subsection 9(1). Actions of provider re agents 9(1) A designated education provider must terminate its agreement with an agent if reasonably satisfied that the agent is failing or has failed to (a) act with honesty and integrity; (b) act in furtherance of the interests of the prospective international student; or (c) comply with The International Education Act . 9(2) A designated education provider that terminates an agreement under subsection (1) must promptly report the termination to the director. Additional information about the termination must be provided to the director on request. Support for international students 10 For international students, a designated education provider must (a) provide an orientation program that (i) is appropriate to the type of institution and the student, and (ii) ensures that an international student is able to become aware of his or her rights and responsibilities, as well as the range of services offered by the provider; (b) ensure that student advisors are readily accessible to assist the students in making the transition to studying in Manitoba; and (c) ensure that supports are available to an international student should a crisis situation arise in the student's home country or locally. Complaints and dispute resolution 11 A designated education provider must establish a process for resolving complaints or disputes raised by international students and must ensure that international students are informed of how to access the process. Annual review of compliance and policies and procedures 12(1) A designated education provider must, at least annually, review its compliance with this code and its policies and procedures established under this code. 12(2) In carrying out its annual review, a designated education provider must ensure that its international students are given the opportunity to provide input into the review, and that consideration is given to the input received. Coming into force 13 This regulation comes into force on the same day that The International Education Act, S.M. 2013, c. 52, comes into force.