Regulation 220.1 — Departure order — deemed departure
Text of provision
(1) The holder of a study permit in Canada is subject to the following conditions:
(a) they shall enroll at the designated learning institution that is named in their permit and remain enrolled there until they complete their studies; and
(b) they shall actively pursue their course or program of study.
(2) In the event that the learning institution at which the holder of a study permit is enrolled loses its designated status after the issuance of the permit by virtue of any of the following events, subsection (1) shall apply to that holder for the duration of their permit as if the learning institution at which they are enrolled continues to be a designated learning institution:
(a) termination of an agreement or arrangement between the province and the Minister in respect of learning institutions that host international students under which the learning institution had been designated;
(b) the coming into force of an agreement or arrangement between the province and the Minister in respect of learning institutions that host international students under which the learning institution no longer qualifies for designation; or
(c) revocation of the designation by the province.
(3) Subsection (1) does not apply to
(a) a person described in any of paragraphs 300(2)(a) to (i); or
(b) a family member of a foreign national who resides in Canada and is described in any of paragraphs 215(2)(a) to (i).
(4) The holder of a study permit must provide evidence to an officer of their compliance with the conditions set out in subsection (1) if
(a) the officer requests the evidence because the officer has reason to believe that the permit holder is not complying or has not complied with one or more of the conditions; or
(b) the officer requests the evidence as part of a random assessment of the overall level of compliance with those conditions by permit holders who are or were subject to them.
Plain English
Regulation 220.1 provides that a departure order is deemed satisfied when the person leaves Canada at a designated port of exit, presents themselves to a CBSA officer, and the CBSA officer confirms their departure. Departure by a designated method (air, land, or sea) and through a port of exit is required.
Persons who leave Canada without reporting to CBSA cannot rely on the deemed satisfaction — the departure order remains outstanding and may be treated as a failed departure.
Practical effect
Ensuring proper departure confirmation is important for persons subject to departure orders. They should present their departure order to CBSA at the port of exit and confirm that departure is being recorded. Failure to obtain confirmation can leave the departure order unresolved, which creates complications on future applications to return. In practice, most departures through international airports are recorded through electronic systems, but persons should keep proof of departure (boarding passes, passport stamps) in case of any dispute.