nationals must undertake in order to be authorized to study in Canada. In most circumstances, the IRPA authorizes minor children to attend elementary and secondary school without a study permit. Section 30(2) of the IRPA states that “[e]very minor child in Canada, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level.”281 This provision allows minor children who are unlawfully in Canada to attend elementary and secondary school without a valid study permit. On the other hand, minor children who accompany their parent who is in Canada as a visitor are not authorized to study in Canada without a study permit.282 Foreign nationals who wish to study at a post-secondary/higher education institution also require a study permit. Citizenship and Immigration Canada provides the following table to determine whether a minor child requires a study permit to attend elementary or secondary school:283 If the child is… Documents needed a Canadian Passport, citizenship card, or birth certificate a permanent resident Record of Landing, Confirmation of Permanent Residence; or Permanent Resident Card a foreign national Stamp on the child’s passport or on the accompanied by a father’s or mother’s passport on which the parent in the visitor child is listed as a son or daughter class alone or with a Child’s passport or child listed on the parent who is a parent’s passport. The child may have a temporary resident visitor record. The parent has a study or and has a study or work permit. work permit a refugee claimant, Determination of Eligibility letter from CIC. accompanied or not Child’s passport or child listed on a parent’s by a parent passport, or no travel or identity documents. in Canada without Child’s passport or child listed on a parent’s status passport, or no travel or identity documents. May also have an expired CIC document. Study permit required No No Yes No No No Although the IRPA allows most minor children to attend elementary and secondary school without a study permit, the IRPA does not exempt them from paying foreign student fees at these IRPA, supra note 20 at s. 30(2). Citizenship and Immigration Canada, “Find out if your child needs a study permit” (24 March 2015), available at: http://www.cic.gc.ca/English/study/minors-documents.asp [Find out if your child needs a study permit]; and see UN Committee on Economic, Social and Cultural Rights, Replies of the Government of Canada to the List of issues to be taken up in connection with the consideration of the fourth periodic report of CANADA concerning the rights referred to in articles 1-15 of the International Covenant on Economic, Social and Cultural Rights (25 April 2006), at 12, available at: available at: http://tinyurl.com/oun7pc5. [Canada’s Reply to CESCR 2006], Canada stated that “temporary resident not authorized to work or study” mentioned in s. 30(2) are those who are visiting Canada for a brief period. 283 Find out if your child needs a study permit, ibid. 281 282 59 59