by non-citizens, notably in the areas of…housing.”276 IV. Recommendations 15) UNHCR should engage with provincial governments on the precarious status of stateless persons in Canada and the practical and legal obstacles that stateless persons experience in exercising their international human right to housing, including accessing and becoming eligible for social housing in Canada. ARTICLE 22: PUBLIC EDUCATION 1. The Contracting States shall accord to stateless persons the same treatment as is accorded to nationals with respect to elementary education. 2. The Contracting States shall accord to stateless persons treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, with respect to education other than elementary education and, in particular, as regards access to studies, the recognition of foreign school certificates, diplomas and degrees, the remission of fees and charges and the award of scholarships. I. Background & Commentary Article 22 is restricted to “education provided by public authorities from public funds and to any education subsidized in whole or in part by public funds or to scholarships derived from them.”277 Furthermore, Article 22(1) does not make explicit reference to lawful stay or habitual residence, and therefore, it is assumed to be equally applicable to both resident and non-resident stateless persons.278 What is considered “elementary” education and what is “higher education” depends on the definition applied in the given country.279 The grade structure and definition for “elementary”, “secondary” and “post-secondary” education in each province is described below. II. Canadian Legal Framework a. Article 22(1) – Federal Legislation The provinces have legislative authority over education.280 However, the federal government has legislative authority over foreign nationals and it establishes the rules and procedures that foreign Ibid., at paras. 29-30. Robinson Commentary to the 1954 Convention, supra note 11 at 41-42. 278 Ibid., at 43. 279 Ibid., at 42. 280 Constitution Act, 1867, supra note 51 at s. 93. 276 277 58