Are children of persons illegally in Canada permitted to attend school?
Under Subsection 30(2) of IRPA, “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.” This is consistent with Section 49.1 of the Education Act which provides that “a person who is otherwise entitled to be admitted to a school and who is less than 18 years of age, shall not be refused admission because the person or the person’s parent or guardian is unlawfully in Canada.”
