In Ontario, children have the right to attend school even if they or their parents do not have immigration status in Canada.
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It is against the law for a school to refuse to admit a child who is under 18 years of age only because the child or the child’s parent or guardian is in Canada without immigration status.
The Education Act says:
A person who is otherwise entitled to be admitted to a school and who is less than eighteen years of age shall not be refused admission because the person or the person’s parent or guardian is unlawfully in Canada. (Section 49.1)
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The Ministry of Education has told school boards across the province that they cannot refuse to admit children
only because their parents do not have immigration papers.
Schools should not refuse to admit children only because their parents do
not have:
- proof of immigration status or proof that they have applied for status
- a work permit or social insurance number
- Ontario Health Insurance Program (OHIP) coverage.
There are more details about this on the Ministry of Education website in Policy/Program Memorandum No. 136 at
Policy/Program Memorandum No.*136.
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In Canada, the provinces have the power to make laws about education. But the Immigration and Refugee Protection Act also confirms children's right to go to school:
Every 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. (Subsection 30 (2))
This makes it clear that, for example, a child under 18 years of age who is claiming refugee status in Canada, or who has no status in Canada, does not need a study permit from Citizenship and Immigration Canada to go to school.