Mr. Speaker, the issue of education of children in Canada is one which is very dear to my heart.
Even though education is within provincial jurisdiction, there has been some interpretation of the current Immigration Act to suggest that there is a requirement for a student authorization before children are able to attend publicly funded elementary and secondary schools. Some persons and school boards across the country have interpreted these existing regulations as requiring student authorization.
It is my very firm belief that children should not be denied the right to an education. They should not be denied the right to attend elementary or secondary school whether they have been in Canada 10 years or 10 minutes. I further believe that the current regulation in the existing Immigration Act requires student authorizations only for students who wish to attend post-secondary or vocational courses.
On April 6 I was pleased to have the privilege to table the new immigration and refugee protection act, Bill C-31. The new act states very clearly in clause 26(2):
A minor child in Canada does not require an authorization to study at the pre-school, primary or secondary level.
It is important for people to know that there are many students who come expressly to Canada on a student visa in order to attend, usually university, post-secondary, but also on occasion secondary and rarely but occasionally elementary school. Those students who come here on a student visa specifically as foreign students to study in Canada will still require their student visa to study.
The intention of the new act is to clarify a situation which I believe already exists, that is, the Immigration Act is not an impediment to any child who is already in Canada. We believe they should have the right to go to school and get an education. We think that is in Canada's interests and also in the child's interest.