加拿大是三級政府：聯邦政府(Federal Government)，省政府(Provincial Government)和市政府(Municipal Government). 所以法規和法院也相應地分為三級。
移民事務大部分由聯邦掌握，省政府有提名權，但是最終都要由聯邦審核後發放簽證(Visas)或者許可(Permits)。留學生和國際工人（International Students and Workers）的小孩可以在加拿大上學，這是聯邦移民法規定的：
IRPA 30(2)
任何未成年小孩，除非是不允許被工作和學習的臨時居民的小孩，有權在幼兒園、小學或中學就讀。
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.
小孩讀書是國際人權公約規定的基本權利，加拿大在這種事務上從來不會落後的。所以移民法直接賦予小孩這樣的權利，他們甚至都不需要根據移民規程(IRPR)的有關規定申請學習許可。
讀書歸讀書，移民法也並沒有規定這些小孩可以免費讀書。事實上，移民法並沒有權利這麼做，因為上學要不要錢，是省政府說了算的。
安大略教育法(Education Act)就有如下非常詳細的規定：
(7) A board shall not charge a fee to,
…
(e) a person if his or her parent or someone else with lawful custody of him or her is in Canada,(i) under a work permit or awaiting the determination of an application for a work permit under the Immigration and Refugee Protection Act (Canada),
…
(iv) in accordance with authorization under the Immigration and Refugee Protection Act (Canada) to study in Canada and is a full-time student at a university, college or institution in Ontario, including an institution that is an affiliate or federated institution of a university or college, that receives operating grants from the Government of Ontario…
卑詩省學校法（School Act）有如下條文：
82 (1) A board must provide free of charge to every student of school age resident in British Columbia and enrolled in an educational program in a school operated by the board,
(a) instruction in an educational program sufficient to meet the general requirements for graduation,
(b) instruction in an educational program after the student has met the general requirements for graduation, and
(c) educational resource materials necessary to participate in the educational program.(2) For the purposes of subsection (1), a student is resident in British Columbia if the student and the student’s guardian are ordinarily resident in British Columbia.
法律本身沒有定義ordinarily resident，但是省政府定義了學簽和工簽持有人的小孩都是符合的：
A student who is in British Columbia with his or her guardian if the guardian meets one of the criteria set out below. Guardians must be able to provide documentation to substantiate that they meet these criteria:
- has been lawfully admitted to Canada for temporary residence and is authorised to work for a period of one year or more, and is or will be employed for at least 20 hours per week;
- has been lawfully admitted to Canada and is authorised to study for a period of one year or more, and is enrolled in a degree or diploma programme at a public post-secondary institution in British Columbia or in a degree programme at a private post-secondary institution in British Columbia
- has been lawfully admitted to Canada and is authorised to study for a period of one year or more and all of the following conditions apply:
- The parent or guardian is enrolled in an English as a Second Language (ESL) program of up to a year in duration at an institution that has an Education Quality Assurance Designation (EQA). The ESL adult student will be deemed resident for up to one year only. Beyond one year, children of an ESL student will be considered international students and districts may charge international student fees.
- The parent or guardian has been accepted to a degree or diploma programme at a public post-secondary institution in British Columbia, or a degree program at a private post-secondary institution.
- The acceptance to the degree or diploma program is contingent upon the completion of an ESL program.
- has been lawfully admitted to and is authorized to study in Canada, and has been awarded a multi-year scholarship that covers the cost of both tuition and living expenses for a post-secondary program that includes both an ESL component and a degree program component. The ESL component must be completed at an institution that has an Education Quality Assurance (EQA) designation.
- has been lawfully admitted to Canada and is participating in an educator exchange program with a public school in British Columbia.
- is carrying out official duties under the authority of the Visiting Forces Act or as an accredited diplomatic agent, preclearance officer, consular officer or official representative in Canada of a foreign government with a consular post in British Columbia.
雖然只用安省和卑詩省舉例，但其實幾乎所有省份都可以讓留學生或國際工人的小孩免費讀書的。究其原因，大概是因為既然這些小孩有權利讀書，父母即使不交學費，政府也有義務安排他們入學吧。
