Regulation 188 — Removal orders — exclusion order
Text of provision
(1) A foreign national may study in Canada without a study permit
(a) if they are a family member or a member of the private staff of a foreign representative who is properly accredited by the Department of Foreign Affairs and International Trade and who is in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;
(b) as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of those armed forces;
(c) if the duration of their course or program of studies is six months or less and will be completed within the period for their stay authorized upon entry into Canada; or
(d) if they are an Indian.
(2) Despite paragraph (1)(c), a foreign national may apply for a study permit before entering Canada for a course or program of studies of a duration of six months or less.
Plain English
Regulation 188 provides that an exclusion order is issued where the inadmissibility ground is more serious than a mere overstay but does not reach the threshold for a deportation order. A person subject to an exclusion order is barred from entering Canada for one year from the date of departure, or two years if the order was issued on misrepresentation grounds.
The person may apply for an Authorisation to Return to Canada (ARC) if they need to return before the exclusion period expires.
Practical effect
Exclusion orders are commonly issued for: misrepresentation, violations of conditions, and less serious criminality. The two-year exclusion for misrepresentation reflects the severity of that ground. After the exclusion period expires (or with a valid ARC), the person may apply to return to Canada through normal channels. Exclusion orders do not prevent a refugee claim at the border, as the right to seek protection overrides the entry restrictions.