C-9714264-65-66-67-68Elizabeth II2015-2016-2017-2018-2019An Act respecting the College of Immigration and Citizenship ConsultantsCollege of Immigration and Citizenship Consultants ActCollege of Immigration and Citizenship Consultants Act20236
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C-33.629, s. 2922019[Enacted by section 292 of chapter 29 of the Statutes of Canada, 2019, in force December 9, 2020, see SI/2020-73.]Short Title
Short titleThis Act may be cited as the College of Immigration and Citizenship Consultants Act.
Interpretation and Application
DefinitionsThe following definitions apply in this Act.Board means the board of directors referred to in subsection 17(1). (conseil)College means the College of Immigration and Citizenship Consultants continued under section 84 or established under section 86. (Collège)immigration and citizenship consultant means a person — other than a person referred to in paragraph 21.1(2)(a) or (b) or subsection 21.1(3) or (4) of the Citizenship Act or paragraph 91(2)(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act — who, directly or indirectly, represents or advises persons for consideration — or offers to do so — in connection with a proceeding or application under the Citizenship Act, the submission of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act or a proceeding or application under that Act. (consultant en immigration et en citoyenneté)licence means a licence issued under this Act. (permis)Minister means the federal minister designated under section 3. (ministre)prescribed means prescribed by the regulations. (Version anglaise seulement)privileged means subject to a privilege under the law of evidence, litigation privilege, solicitor-client privilege or the professional secrecy of advocates and notaries. (protégé)Registrar means the Registrar of the College appointed under section 30. (registraire)
Designation of MinisterThe Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.
OrganizationCollege
PurposeThe purpose of the College is to regulate immigration and citizenship consultants in the public interest and protect the public, including byestablishing and administering qualification standards, standards of practice and continuing education requirements for licensees;establishing and providing training and development programs for licensees;ensuring compliance with the code of professional conduct; andundertaking public awareness activities.2019, c. 29, s. 292 “4”2023, c. 26, s. 287
Head officeThe College’s head office is to be at the place in Canada that is designated in the College’s by-laws.
CapacityIn carrying out its purpose, the College has the capacity and the rights, powers and privileges of a natural person.Extraterritorial capacityFor greater certainty, the College may exercise the rights, powers and privileges referred to in subsection (1) in any jurisdiction outside Canada to the extent that the laws of that jurisdiction permit.
StatusThe College is not an agent of Her Majesty in right of Canada, and the College’s directors, the members of its committees, the Registrar, the investigators and any officers, employees and agents and mandataries of the College are not part of the federal public administration.
Canada Not-for-profit Corporations ActThe Canada Not-for-profit Corporations Act does not apply to the College.
Official Languages ActThe Official Languages Act applies to the College.
MembersThe members of the College are the licensees.
Annual general meetingThe College must hold an annual general meeting of members within six months after the end of each of its fiscal years, at a time and place in Canada fixed by the Board.
NoticeThe College must give members notice of the time and place of the annual general meeting in accordance with the by-laws.
Compensation fundThe College must establish a fund to compensate persons who have been adversely affected by the conduct or activities of a licensee.
Public recordsThe College must prepare and maintain, at its head office or at any other place in Canada designated by the Board, records that are made available to the public on the College’s website and in any other manner that the College considers appropriate and that containits by-laws, and amendments to them;the minutes of the Board’s public meetings;a register of directors;a register of officers; andits audited annual financial statements as approved by the Board.Accounting records and financial statementsThe College must prepare and maintain adequate accounting records and annual financial statements.Retention periodSubject to any other Act of Parliament or of the legislature of a province that provides for a longer retention period, the College must retain, for the prescribed period, the accounting records and audited annual financial statements as approved by the Board.
Annual reportThe College must submit to the Minister, within 120 days after the end of each of its fiscal years, a report on the College’s activities during the preceding fiscal year.Tabling reportThe Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.2019, c. 29, s. 292 “15”2023, c. 26, s. 288
Board of Directors
Duties and powers of BoardThe Board must manage, or supervise the management of, the College’s activities and affairs and may, for those purposes, exercise all of the powers conferred on the College under this Act.DelegationThe Board may delegate any of the powers, duties and functions conferred on it under this Act, except the powersto amend or repeal regulations;to make by-laws; andto approve audited annual financial statements.
CompositionThe College has a board of directors composed of at least seven directors, including the Chairperson.Order fixing number of directorsThe Minister may, by order, fix the number of directors.Appointed directorsSubject to subsection (4), the Minister may, by order, fix the number of directors that are to be appointed to the Board and appoint those directors.Maximum number of appointed directorsThe number of appointed directors fixed under subsection (3) must not be greater than the minimum number that is required to constitute a majority of directors on the Board.Elected directorsThe remaining directors are to be licensees elected in accordance with the by-laws.
Mailing addressEach director must provide the College with their mailing address and with notice of any change in that address.
TermEach director is to be appointed or elected for a term of not more than three years, and may be reappointed or — subject to the by-laws — re-elected for subsequent terms of not more than three years each.Determination of termThe length of a director’s term is to beset out by the Minister in the order appointing the director, if the director is appointed; ordetermined in accordance with the by-laws, if the director is elected.Staggered termsFor greater certainty, it is not necessary that all directors hold office for terms that begin or end on the same day.Continuation in office — appointed directorsDespite subsection (1) and subject to section 23, an appointed director continues to hold office until they are reappointed or their successor is appointed.
IneligibilityAn individual is not eligible to be appointed or elected as a director if theyare less than 18 years of age;are neither a Canadian citizen nor a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act;have the status of bankrupt;in the case of an appointment to the Board,are a licensee, orare employed in any capacity in the federal public administration;in the case of election to the Board, have a licence that is suspended; orare ineligible under any other criteria set out in the regulations.
Validity of acts of directors and officersAn act of a director or an officer is valid despite their ineligibility or an irregularity in their election or appointment.
Removal — appointed directorsAn appointed director holds office during good behaviour and may be removed for cause by the Minister.Removal — elected directorsAn elected director may be removed in accordance with the by-laws.
Ceases to be directorA director ceases to be a director ifthey die;they resign;they are removed from office under section 22; orany prescribed circumstance applies.
Remuneration and expensesThe College must pay to the directors the remuneration and expenses that are determined in accordance with the by-laws.
ChairpersonThe Chairperson is to be elected by the Board from among the directors in accordance with the by-laws.DutiesThe Chairperson must preside over the Board’s meetings and perform any other duties that are assigned to the Chairperson by the by-laws.RemovalThe Board may remove the Chairperson in accordance with the by-laws.
MeetingsThe Board must hold a meeting at least once every calendar year.QuorumA majority of the number of directors fixed by the Minister under subsection 17(2) constitutes a quorum at any meeting of the Board.Notice of meetingThe Chairperson of the Board must give notice of the time and place of meetings of the Board to the directors and any observer designated under section 76.Public meetingsSubject to the by-laws, meetings of the Board are to be open to the public.Observer — in camera meetingsAn observer designated under section 76 is entitled to attend meetings of the Board that are held in camera.TelecommunicationsSubject to the by-laws, a director may participate in, and any observer designated under section 76 may observe, a meeting of the Board by telephone or by an electronic or other communication facility that permits them to communicate adequately with each other during the meeting. A director so participating in a meeting is deemed for the purposes of this Act to be present at that meeting.
Validity of signed resolutionsA resolution in writing, signed by all the directors entitled to vote on that resolution at a meeting of the Board, is as valid as if it had been passed at a meeting of the Board.Filing resolutionSubject to the by-laws made under paragraph 80(1)(z), a copy of every resolution referred to in subsection (1) is to be kept with the minutes of the public meetings of directors.
Chief Executive OfficerThe Board may appoint a Chief Executive Officer, who is to exercise the powers and perform the duties and functions that are delegated to him or her by the Board.
Committees
Complaints Committee and Discipline CommitteeTwo committees of the College are established, to be known as the Complaints Committee and the Discipline Committee.AppointmentThe members of each committee are to be appointed by the Board in accordance with the regulations.TermThe members of the Discipline Committee are to hold office for a term of not more than five years. The members may be reappointed for subsequent terms of not more than five years each.Acting after expiry of termA member of the Discipline Committee whose term expires may, in accordance with the rules referred to in section 59, conclude any proceeding that the member has begun.RemovalThe members of the Discipline Committee hold office during good behaviour and may be removed for cause by the Board.LimitationAn individual is not permitted to be a member of the Complaints Committee and the Discipline Committee at the same time.Other committeesThe Board may establish other committees of the College.
Registrar
AppointmentThe Board is to appoint a Registrar of the College for a term of not more than five years. The Registrar may be reappointed for subsequent terms of not more than five years each.RemovalThe Registrar holds office during good behaviour and may be removed for cause by the Board.RoleThe Registrar is responsible for issuing licences, establishing and maintaining a register of licensees and verifying compliance or preventing non-compliance with this Act by licensees.
Register available to publicThe register of licensees must be made available to the public on the College’s website in a searchable format and, subject to the regulations, in any other manner that the Registrar considers appropriate.Updated informationThe Registrar must ensure that the information included in the register is updated in a timely manner.
Notice to MinisterThe Registrar must, within the prescribed period and in the prescribed form and manner, provide notice to the Minister in the following circumstances:a licence is suspended;a licence is revoked;a licence is surrendered; andany other prescribed circumstance.
LicenceOn application, the Registrar must issue to an individual who, in the Registrar’s opinion, meets the eligibility requirements set out in the by-laws for the class of licence for which the individual applied, a licence of that class.ConditionsA licence issued under this section is subject to any conditions or restrictions imposed under this Act.ApplicationAn application for a licence must be made in the form and manner specified by the Registrar and must contain the information specified by the Registrar.
Surrender of licenceThe Registrar may, in accordance with the by-laws, approve the surrender of a licence on application by a licensee made in accordance with the by-laws.
Powers of Registrar — verificationSubject to the regulations, the Registrar may, for a purpose related to verifying compliance or preventing non-compliance with this Act by licensees,subject to subsection (2), enter a licensee’s business premises, without notice, at any reasonable time and require the production of any document or other thing that is relevant, and examine or copy the document or thing; andrequire the licensee, or a business partner or employee of the licensee or any person employed by the same employer as the licensee, to provide any information that is relevant.Dwelling-houseIf the licensee’s business premises are in a dwelling-house, the Registrar may enter them only with the occupant’s consent.
Privileged informationSubject to the regulations, the powers set out in section 35 must not be exercised in respect of privileged information.
Referral to Complaints CommitteeIf the Registrar is of the opinion that there may be reasonable grounds to suspect that a licensee has committed professional misconduct or was incompetent, the Registrar may, subject to the regulations, initiate a complaint and refer it to the Complaints Committee for consideration.
Decision of RegistrarIf the Registrar determines that a licensee has contravened a provision of this Act, of the regulations or of the by-laws, the Registrar may, in his or her decision, in the prescribed circumstances,suspend the licensee’s licence;revoke the licensee’s suspended licence; ortake or require any other action set out in the regulations.
Compliance with decisionA licensee who is the subject of a decision made under section 38 must comply with it.
Filing decision in Federal CourtThe College may file in the Federal Court a certified copy of a decision made under section 38.Effect of filingOn the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court.2023, c. 26, s. 289
Notice to licensees — revocation or suspensionThe Registrar must notify all licensees of every decision made under subsection 69(3) to revoke or suspend a licence.Notice to licensees — dismissal of complaintThe Registrar must, if requested by the licensee who was the subject of a complaint that was dismissed by the Discipline Committee, notify all licensees of the dismissal.
DelegationSubject to the regulations, the Registrar may delegate any of the powers, duties and functions conferred on the Registrar under this Act.
Licensees
Professional liability insuranceSubject to subsection (2), a licensee must be insured against professional liability.ExemptionA licensee may be exempted by the by-laws from the application of subsection (1).
Professional Conduct
Code of professional conductThe Minister must, by regulation, establish a code of professional conduct for licensees.Amendment or repealOnly the Board may, by regulation and with the Minister’s prior written approval, amend or repeal the regulations establishing the code.
Standards of professional conduct and competenceA licensee must meet the standards of professional conduct and competence that are established by the code of professional conduct. A licensee who fails to meet those standards commits professional misconduct or is incompetent.
Complaints
Complaint to the CollegeAny person may, in accordance with the by-laws, make a complaint to the College in respect of a licensee or former licensee.
Referral to Complaints CommitteeThe College may refer a complaint to the Complaints Committee if, in the College’s opinion, the complaint relates to professional misconduct by, or the incompetence of, a licensee.
Referral to another bodyThe College may, in the prescribed circumstances, refer a complaint to another body that has a statutory duty to regulate a profession.
Consideration and investigation of complaintsThe Complaints Committee must consider all complaints referred to it by the College or the Registrar and may, if the Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, conduct an investigation into the licensee’s conduct and activities.Consideration and investigation on Committee’s initiativeIf the Complaints Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, it must initiate a complaint and consider it, and may conduct an investigation into the licensee’s conduct and activities.
Jurisdiction — former licenseesFor greater certainty, the Complaints Committee has jurisdiction to consider a complaint and conduct an investigation in respect of a former licensee.
Investigations
InvestigatorThe Complaints Committee may designate an individual as an investigator to conduct an investigation under the Committee’s direction.RevocationThe Complaints Committee may revoke the designation.
Power to require information and documentsAn investigator may, for the purpose of investigating a licensee’s conduct and activities, require any personto provide any information that, in the investigator’s opinion, the person may be able to provide in relation to the matter being investigated; andto produce, for examination or copying by the investigator, any document or other thing that, in the investigator’s opinion, relates to the matter being investigated and that may be in the possession or under the control of that person.Authority to enterSubject to subsection 52(1), an investigator may, for that purpose, enter a place in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or any document or other thing relevant to the investigation is located.Other powersThe investigator may, for that purpose,examine anything in the place;remove the thing for examination or copying;use any copying equipment in the place, or cause it to be used;open or order any person to open any container or package found in the place;use any means of communication in the place, or cause it to be used;use any computer system or other device in the place, or cause it to be used, to examine data contained in or available to it;prepare a document, or cause one to be prepared, based on the data; andtake photographs or make recordings or make a copy of anything in the place.Duty to assistThe owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the investigator to perform their functions under subsections (2) and (3) and must provide any documents or information, and access to any data, that are reasonably required for that purpose.
Warrant to enter dwelling-houseIf the place is a dwelling-house, the investigator may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).Authority to issue warrantOn ex parte application, a justice of the peace may issue a warrant authorizing the investigator to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath thatthe dwelling-house is a place referred to in subsection 51(2);entry to the dwelling-house is necessary for the purposes of the investigation; andentry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
Use of forceIn executing a warrant to enter a dwelling-house, an investigator may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.
Privileged informationSubject to the regulations, the powers set out in section 51 must not be exercised in respect of privileged information.
Obstruction and false statementsIt is prohibited to obstruct or hinder, or make a false or misleading statement either orally or in writing, to an investigator who is performing their functions.
Immunity
Responsibility for damages — directors and othersNo action or other proceeding for damages lies or may be instituted against any of the following persons for anything done or omitted to be done in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on that person under the Act:a current or former director of the Board;a current or former member of a committee of the College;the Registrar or a former Registrar;a current or former investigator;a current or former officer, employee, agent or mandatary of the College; anda person who is or has been engaged by the College.2019, c. 29, s. 292 “56”2023, c. 26, s. 290
Decision of Complaints Committee
Referral to Discipline CommitteeThe Complaints Committee may, subject to the regulations, refer a complaint, in whole or in part, to the Discipline Committee.Measures if not referred to Discipline CommitteeIf the Complaints Committee does not refer the complaint, in whole or in part, to the Discipline Committee, the Complaints Committee mustnotify the complainant, if any, and the licensee that the complaint was not referred, and provide them with the reasons for the decision;require the licensee to appear before the Complaints Committee to be cautioned, notify the complainant, if any, of the decision and provide the licensee and the complainant with the reasons for the decision; orrefer the complaint to a process of dispute resolution, on any conditions specified by the Complaints Committee, if the licensee consents.If dispute resolution not successfulIf the complaint is referred to a process of dispute resolution and, at the conclusion of the process, the matter is not resolved to the satisfaction of the Complaints Committee, that Committee continues to be seized of the matter.2019, c. 29, s. 292 “57”2023, c. 26, s. 291
Disciplinary Proceedings
Complaints referred by Complaints CommitteeThe Discipline Committee must hear and determine all complaints referred to it by the Complaints Committee.
Rules of procedureThe Discipline Committee may make rules respecting the practice and procedure before it, including rules governing panels, and rules for carrying out its work and for the management of its internal affairs.
Panel of Discipline CommitteeAny panel of the Discipline Committee established in accordance with the rules referred to in section 59 has all of the powers, and must perform all of the duties and functions, of the Discipline Committee.Decision of panelA decision of a panel is a decision of the Discipline Committee.
PartiesThe Complaints Committee and the licensee are parties to the proceeding.
Right of parties to make submissionsThe parties to the proceeding are entitled to make oral and written submissions to the Discipline Committee.
Submissions — other personsThe Discipline Committee may provide an opportunity for any other person to make oral and written submissions to it.
Public hearingsSubject to the regulations, the by-laws and the rules referred to in section 59, any oral hearings of the Discipline Committee are open to the public.
Jurisdiction — former licenseesFor greater certainty, the Discipline Committee has jurisdiction to hear and determine a complaint in respect of a former licensee.
Powers of Discipline CommitteeThe Discipline Committee has the powerto summon and enforce the appearance of persons and compel them to give oral or written evidence on oath and to produce any document or other thing that the Committee considers necessary to decide the matter, in the same manner and to the same extent as a superior court of record;to administer oaths; andto accept any evidence, whether admissible in a court of law or not.
Privileged informationSubject to the regulations, the Discipline Committee must not admit or accept as evidence any privileged information.
Powers before decisionBefore making a decision under section 69, the Discipline Committee may decide to take any action referred to in paragraph 69(3)(a) or (b) if the Discipline Committee is satisfied that it is necessary for the protection of the public.Action is provisionalAny action taken under subsection (1) is provisional and ceases to have effect when the decision in respect of the complaint is made under section 69, unless the action is confirmed in the decision.
Decision on complaintAfter the hearing of a complaint, the Discipline Committee must determine whether the licensee has committed professional misconduct or was incompetent.Dismissal of complaintIf the Discipline Committee determines that the licensee did not commit professional misconduct or was not incompetent, the Committee must dismiss the complaint.Professional misconduct or incompetenceIf the Discipline Committee determines that the licensee has committed professional misconduct or was incompetent, the Committee may, in its decision, take or require one or more of the following actions as well as any other action set out in the regulations:impose conditions or restrictions on the licensee’s licence;suspend the licensee’s licence for not more than the prescribed period or until specified conditions are met, or both;revoke the licensee’s licence; orrequire the licensee to pay a penalty of not more than the prescribed amount to the College.[Repealed, 2023, c. 26, s. 292]Decision and reasons in writingThe Discipline Committee must give its decision and the reasons for it in writing.Decision and reasons available to publicSubject to the regulations, the decision and the reasons for it must be made available to the public on the College’s website and in any other manner that the College considers appropriate.Notice to RegistrarThe Discipline Committee must provide a copy of its decision to the Registrar.Payment into compensation fundIf a decision made by the Discipline Committee under subsection (3) requires that a licensee pay a penalty to the College, the amount of the penalty is to be paid into the compensation fund referred to in section 13.2019, c. 29, s. 292 “69”2023, c. 26, s. 292
Compliance with decisionAny person who is the subject of a decision made under subsection 68(1) or 69(3) must comply with it.
Filing decision in Federal CourtThe College may file in the Federal Court a certified copy of a decision made under subsection 69(3).Effect of filingOn the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court.2023, c. 26, s. 293
Judicial Review
Respondent — CollegeIf an application is made for judicial review of a decision of the College, including its committees, the College is the respondent in respect of the application.Respondent — committeeHowever, if the College makes an application for judicial review of a decision of its committees, the committee is the respondent.2019, c. 29, s. 292 “71”2023, c. 26, s. 294
Non-application of certain ActsFor the purposes of judicial review, a decision of the College, including of its committees, is not a matter under the Citizenship Act or the Immigration and Refugee Protection Act.
Minister — judicial reviewIf the Minister is a complainant, he or she may make an application to the Federal Court for judicial review of any decision of the College, including of its committees, relating to the complaint.
Powers of CollegeAdministration of Licensee’s Property
OrderIf a licensee is not able to perform their activities as an immigration and citizenship consultant for any prescribed reason, the College may, in order to carry out its purpose, including to ensure the continuation of services to a licensee’s client, apply, without notice, to a court of competent jurisdiction, including the Federal Court, for an order authorizing the College or a person appointed by the court to administer any property in relation to those activities that is or should be in the licensee’s possession or under their control.Content of orderIf the court concludes that it is necessary to ensure the continuation of services to the licensee’s clients or to otherwise permit the College to carry out its purpose, it may, for the purposes of subsection (1),authorize the College or person appointed by the court toenter a place, including a vehicle, in which the College or person has reasonable grounds to believe property referred to in subsection (1) is located,examine anything in the place,open or order any person to open any container or package found in the place,require the owner or person in charge of the place and any person in the place to give all assistance that is reasonably required to enable the College or person appointed by the court to execute the order and to provide any property referred to in subsection (1) or any information, and access to any data, that are reasonably required for that purpose, andseize any document or other thing related to a client’s files and transfer it to the client or a licensee or person referred to in paragraph 21.1(2)(a) or (b) or subsection 21.1(3) or (4) of the Citizenship Act or paragraph 91(2)(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act;order that any property referred to in subsection (1) is not to be dealt with by any person without leave of the court or is to be held in trust by the College or person appointed by the court;require the licensee to account to the College or person appointed by the court for any property referred to in subsection (1);provide for the compensation of the College or person appointed by the court for administering the licensee’s property and the reimbursement of any expenses the College or person incurs in doing so; andprovide for any other matter that it considers appropriate in the circumstances, including imposing conditions on the manner in which the College or person appointed by the court is to execute the order.Additional authorityThe court may also authorize the College or person appointed by the court to seize and detain any property referred to in subsection (1) found in the place and transfer it to any person for the purpose of carrying on the licensee’s business operations or winding up their practice.Former licenseeFor greater certainty, the College has jurisdiction to apply for an order referred to in subsection (1) in respect of a former licensee.2023, c. 26, s. 295
Limitation or prescriptionThe College is not permitted to make an application under subsection 73.1(1) after the sixth anniversary of the day on which a licensee ceases to be a licensee.2023, c. 26, s. 295
ApplicationSections 52 and 53 apply in respect of an order issued under subsection 73.1(1) with any adaptations that may be necessary.2023, c. 26, s. 295
Obstruction and false statementsIt is prohibited to obstruct or hinder, or make a false or misleading statement either orally or in writing, to the College or person appointed by the Court when the College or person is executing an order issued under subsection 73.1(1).2023, c. 26, s. 295
Information-sharing Agreement or Arrangement
Information sharingThe College may enter into an agreement or arrangement with any entity, including a government institution, as defined in section 3 of the Access to Information Act, or an institution of a government of a province or foreign state, for the sharing of information for the purpose of assisting in the administration and enforcement of this Act, or any other Act of Parliament or of a province or any other law, as it relates to immigration and citizenship consultants.LimitationAn agreement or arrangement entered into under subsection (1) is subject to the by-laws and regulations made under this Act.2023, c. 26, s. 295
Powers of Minister
Powers of MinisterThe Minister mayreview the Board’s activities and require the Board to provide the Minister with reports and information, including confidential information; andrequire the Board to do anything — including to make, amend or repeal a regulation or by-law or to submit to an audit — that, in the Minister’s opinion, is advisable to carry out the purposes of this Act.Deemed best interestsCompliance by a director of the Board with a requirement of the Minister is deemed to be in the best interests of the College.
Person acting for BoardSubject to the regulations, the Minister may appoint a person to, in the place of the Board, exercise the Board’s powers and perform its duties and functions conferred under this Act that are specified by the Minister, on the conditions and for the period specified by the Minister.
ObserverThe Minister may designate as an observer at meetings of the Board any officer or employee of the department over which the Minister presides.Confidential informationAn observer is authorized to disclose confidential information to the Minister.
Prohibition and Injunction
Unauthorized practiceA person, other than a licensee, must notuse the title “immigration consultant,” “citizenship consultant,” “international student immigration advisor” or a variation or abbreviation of any of those titles, or any words, name or designation, in a manner that leads to a reasonable belief that the person is a licensee;represent themselves, in any way or by any means, to be a licensee; orunless the person is a person referred to in paragraph 21.1(2)(a) or (b) or subsection 21.1(3) or (4) of the Citizenship Act or paragraph 91(2)(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act, knowingly, directly or indirectly, represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under the Citizenship Act, the submission of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act or a proceeding or application under that Act.
InjunctionOn application by the College, if a court of competent jurisdiction is satisfied that a contravention of section 77 is being or is likely to be committed, the court may grant an injunction, subject to any conditions that it considers appropriate, ordering any person to cease or refrain from any activity related to that contravention or ordering the person to take any measure that the court considers appropriate.
Offences and Punishment
Offences and punishmentEvery person who contravenes section 55, 70 or 73.4 or an order made under paragraph 66(a) is guilty of an offence and liableon conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; oron summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.Due diligenceA person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.2019, c. 29, s. 292 “79”2023, c. 26, s. 296
By-laws and Regulations
By-lawsThe Board may, by a resolution approved by at least the majority of directors present at a meeting or by a resolution referred to in subsection 27(1) approved by at least the majority of directors, make by-laws respecting any matter necessary to carry on the activities of the College, including by-lawsdesignating the place in Canada where the head office of the College is to be located;respecting annual general meetings;respecting the compensation fund referred to in section 13, including the circumstances in which compensation may be paid;respecting the election of directors, the terms of elected directors and their removal;respecting the remuneration and expenses of directors;respecting the election and removal of the Chairperson of the Board and the Chairperson’s duties;respecting the Board’s meetings and activities, including voting;respecting the filling of vacancies caused by the temporary absence or incapacity of elected directors;establishing a code of ethics for the directors, officers and employees of the College;fixing the annual fee — or the manner of determining the annual fee — that is to be paid by licensees;fixing any other fee — or the manner of determining any other fee — that is to be paid by licensees;establishing the time within which and the manner in which any fees or other amounts are to be paid;respecting the classes of firm in connection with which a licensee may work as a licensee;establishing classes of licences and prescribing eligibility requirements for each class;respecting conditions or restrictions to be imposed on licences or classes of licences;respecting the maintenance of licensees’ competencies and continuing professional development requirements for licensees;respecting the surrender of licences and applications for a surrender;respecting the professional liability insurance that licensees are required to maintain;exempting licensees from the requirement to be insured against professional liability;respecting the information and documents that licensees must provide to the College;respecting the keeping and preservation of records by licensees;establishing a procedure for resolving disputes in respect of fees charged by licensees;respecting pro bono work by licensees;respecting the making of complaints to the College;respecting the activities of the Complaints Committee; andrespecting the circumstances in which information is to be treated as confidential and limiting the use and disclosure of that information.Different treatmentThe by-laws made under subsection (1) may distinguish among classes of licences.Mandatory eligibility requirementAny by-law that establishes a class of licence that does not prevent a licensee who holds a licence of that class from representing persons before the Immigration and Refugee Board must also provide, as an eligibility requirement for that class, that licensees must have completed training related to appearing before a tribunal.NoticeA by-law imposing a new condition or restriction on a class of licence must not come into force unless 90 days’ notice has been given to the licensees who hold a licence of that class.For greater certaintyFor greater certainty, by-laws are not required to be approved by the members of the College.
Regulations — Governor in CouncilThe Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulationsrespecting the compensation fund referred to in section 13, including the circumstances in which compensation may be paid;respecting the reports and information that must be provided or submitted to the Minister;prescribing ineligibility criteria for the purposes of section 20;respecting the consequences of meeting the ineligibility criteria referred to in section 20 while in office;respecting the conflicts of interest of directors, members of the Complaints Committee, members of the Discipline Committee and members of any other committee of the College;respecting the Complaints Committee, the Discipline Committee and any other committees of the College, including the powers, duties and functions of those committees, the eligibility requirements for membership in them, the remuneration of members, the terms of members and their removal;establishing committees of the College;respecting the eligibility requirements to be appointed as Registrar and the Registrar’s remuneration;respecting the register of licensees, including the contents of the register and the manner in which it is to be made available to the public;respecting the issuance of licences, establishing a process for making decisions under subsection 33(1) and prescribing the circumstances in which the process is to be followed;respecting the verifications referred to in section 35 and imposing limits on the exercise of the powers under that section;prescribing the circumstances in which the Registrar must initiate a complaint and refer it to the Complaints Committee for consideration;establishing a process for making decisions under section 38 and prescribing the circumstances in which the process is to be followed;respecting the actions that may be taken or required by the Registrar under section 38, which may include the requirement to pay a monetary penalty, and specifying the amount or maximum amount of such a penalty;limiting the powers, duties and functions that may be delegated by the Registrar and the persons to whom they may be delegated;respecting the examination and copying of a thing under section 51 and the removal of the thing for examination or copying;respecting the circumstances in which the Registrar, the Complaints Committee, an investigator and the Discipline Committee may obtain and use privileged information, the process to be followed by them in order to obtain and use that information and the limits to obtaining and using that information;prescribing the circumstances in which the Complaints Committee must refer a complaint, in whole or in part, to the Discipline Committee;respecting the actions that may be taken or required by the Discipline Committee under subsections 68(1) and 69(3), which may include the requirement to reimburse all or a portion of the costs incurred by the College or by any other person during the proceeding before the Committee or all or a portion of the fees or disbursements paid to the licensee by a client or to pay a monetary penalty, and specifying the amount or maximum amount of such a penalty;prescribing the circumstances in which the actions referred to in paragraph (s) may be taken or required;prescribing the manner in which decisions and reasons of the Discipline Committee are to be made available to the public and the circumstances in which decisions and reasons of the Committee are not required to be made available to the public;prescribing the circumstances in which the Minister may appoint a person under section 75 and imposing limits on the powers, duties, functions, conditions and period that the Minister may specify under that section;respecting the collection, retention, use, disclosure and disposal of personal information for the purposes of this Act; andprescribing anything that, by this Act, is to be or may be prescribed.AuthorizationRegulations made under paragraphs (1)(c) to (f), (h) to (j), (l) to (p), (r), (s), (u) and (x) may authorize the College to make by-laws with respect to all or part of the subject matter of the regulations and, for greater certainty, those by-laws are regulations for the purposes of the Statutory Instruments Act.No waiverFor greater certainty, the disclosure of privileged information under a regulation made under paragraph (1)(q) to the Registrar, the Complaints Committee, an investigator or the Discipline Committee does not constitute a waiver of the privilege.2019, c. 29, s. 292 “81”2023, c. 26, s. 297
Regulations prevailThe regulations prevail over the by-laws to the extent of any inconsistency or conflict between them.
Transitional Provisions
DefinitionsThe following definitions apply in sections 84 to 87.Council means the Immigration Consultants of Canada Regulatory Council incorporated under Part II of the Canada Corporations Act on February 18, 2011. (Conseil)date of continuance means the date specified in an order made under subsection 84(2). (date de prorogation)date of transition means the day on which subsections 293(1) and 296(1) of the Budget Implementation Act, 2019, No. 1 come into force. (date de transition)
Application for continuanceThe Council may, if it is authorized to do so by its members in accordance with subsections 213(3) to (5) of the Canada Not-for-profit Corporations Act, apply to the Minister to be continued under this Act.Approval of applicationUnless an order has been made under section 86, after receiving an application made under subsection (1), the Minister must, by order, approve the continuance and specify a date of continuance.Copy of orderIf the Minister makes an order under subsection (2), he or she must provide the Director appointed under section 281 of the Canada Not-for-profit Corporations Act with a copy of it.Canada Not-for-profit Corporations ActAn order made under subsection (2) is, for the purpose of subsection 213(7) of the Canada Not-for-profit Corporations Act, deemed to be a notice that the corporation has been continued, and that subsection 213(7) is to be applied in respect of the Council without regard to the words “if the Director is of the opinion that the corporation has been continued in accordance with this section”.Non-application of certain subsectionsFor the purposes of this Act, subsections 213(1), (2), (6) and (10) of the Canada Not-for-profit Corporations Act do not apply.
Applicable provisions if Council continuedSubsections (2) to (8) apply if the Council is continued under section 84.Definition of transitional periodIn subsections (3) and (4), transitional period means the period beginning on the date of continuance and ending on the day before the day on which an order made under subsection 17(2) comes into force.Initial organization of BoardDuring the transitional period, the College’s Board is to be composed of nine directors, five of which are to be appointed by the Minister. Of the four other directors, two are to be the persons who held the positions of Chair and Vice-Chair of the Council’s board of directors immediately before the date of continuance, and the two others are to be selected by that Chair from among the directors of the Council’s board of directors who were members of the Council immediately before that date on the recommendation, if any, of the Council’s board of directors.Deemed election or appointmentThe five directors appointed by the Minister are deemed to have been appointed under subsection 17(3) and the four other directors referred to in subsection (3) are deemed to have been elected under subsection 17(5).End of termThe directors hold office for a term that ends on the day on which the transitional period ends.Performance reviewThe Board must, within 12 months after the date of continuance, review the performance of any officers of the College, including the Chief Executive Officer.Effects of continuanceBeginning on the date of continuance,the Council becomes the College of Immigration and Citizenship Consultants, a corporation without share capital to which this Act applies as if it had been established under this Act;unless the context otherwise requires, every reference to the Council in any contract, instrument or act or other document executed or signed by the Council is to be read as a reference to the College;the property and rights of the Council are the property and rights of the College;the College is liable for the obligations of the Council;the status of any person who, immediately before the date of continuance, was an officer or employee of the Council or a member of the Complaints Committee or Discipline Committee of the Council and any term or condition of their appointment or employment are unaffected, except that, as of that day, the person is an officer or employee of the College or a member of the Complaints Committee or Discipline Committee of the College, as the case may be;an existing cause of action, claim or liability to prosecution of or against the Council is unaffected;any civil, criminal or administrative action or proceeding pending by or against the Council may be continued by or against the College;any conviction against, or ruling, order or judgment in favour of or against, the Council may be enforced by or against the College;any matter before the Council immediately before the date of continuance, including any matters related to complaints and discipline, are continued before the College;the members of the Council are holders of a class of licence, until the day before the day on which by-laws made under paragraph 80(1)(n) come into force and, until that day, any conditions or restrictions to which their membership was subject immediately before the date of continuance continue to apply;persons registered with the Council as Regulated International Student Immigration Advisors are, until the day before the day on which by-laws made under paragraph 80(1)(n) come into force, holders of a class of licence that is subject to the following restrictions in addition to any conditions or restrictions to which their registration was subject immediately before the date of continuance:the holder may provide advice only in relation to authorizations to study in Canada and authorizations to enter and remain in Canada as a student and the manner in which those authorizations relate to submissions of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act and applications under that Act, andthe holder must not represent any person in connection with submissions of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act, proceedings or applications under that Act or proceedings or applications under the Citizenship Act;any application for membership in, or registration with, the Council is continued as an application for a licence;the eligibility requirements for membership in, or registration with, the Council that were in effect immediately before the date of continuance remain in effect and apply to any application for a licence until the day before the day on which a by-law made under paragraph 80(1)(n) comes into force;the code of professional ethics regulating members of the Council and the code of ethics regulating persons registered with the Council as Regulated International Student Immigration Advisors remain in effect until the day before the day on which the Minister establishes a code of professional conduct for licensees under subsection 43(1) and, until that day, a reference to the code of professional conduct in this Act, other than in section 43, is to be read as a reference to that code of professional ethics and that code of ethics;subject to paragraphs (m) and (n), every by-law of the Council and every regulation made by the Council’s board of directors remains in effect, to the extent that it is not inconsistent with this Act, until the day before the day on which a by-law made under section 80 comes into force and, until that day, a reference to the by-laws in this Act is also to be read as a reference to those by-laws of the Council and those regulations made by the Council’s board of directors;the rules of procedure of the Discipline Committee of the Council remain in effect, to the extent that they are not inconsistent with this Act, until the day before the day on which the Discipline Committee of the College makes rules respecting practice and procedure under section 59;the College’s Complaints Committee has jurisdiction to consider and conduct an investigation into a complaint in respect of the conduct or activities of a member referred to in paragraph (j) or a person referred to in paragraph (k) that were engaged in before the date of continuance;the College’s Discipline Committee has jurisdiction to hear and determine complaints in respect of the conduct or activities of a member referred to in paragraph (j) or a person referred to in paragraph (k) that were engaged in before the date of continuance and to take or require the actions that would have been applicable at the time that the conduct or activities were engaged in;every decision of the Council, including those made by the Registrar of the Council and the Council’s Discipline Committee, that was in force immediately before the date of continuance remains in force as if it were a decision of the College;the Registrar may, until the day before the day on which a regulation prescribing the circumstances referred to in section 38 comes into force, suspend a licence if the licensee fails topay the annual fee, or any other fee or amount that the licensee is required to pay under this Act, in accordance with the by-laws,provide, in accordance with the by-laws, any information or document required by the by-laws,comply with any requirement that is imposed by the by-laws with respect to continuing professional development, orcomply with any requirement with respect to professional liability insurance that is imposed under this Act;the prescribed period referred to in paragraph 69(3)(b) is deemed to be two years until the day before the day on which a regulation made under section 81 prescribing the period comes into force; andthe prescribed amount referred to in paragraph 69(3)(d) is deemed to be $10,000 until the day before the day on which a regulation made under section 81 prescribing the amount comes into force.Transitional provisions — new classes of licenceFor greater certainty, the by-laws made under subsection 80(1) may contain provisions in respect of the transition from the classes of licence referred to in paragraphs (7)(j) and (k) to the new classes of licence established by the by-laws.
Establishment of CollegeIf the Council has not been continued under section 84 and a period of six months — or any shorter period that the Governor in Council may, by order, specify — has elapsed after the day on which this section comes into force, the Minister may establish, by order, a corporation without share capital to be known as the College of Immigration and Citizenship Consultants.
Applicable provisions if College establishedSubsections (2) to (10) apply if the College is established by an order made under section 86.Definition of transitional periodIn subsections (3) and (4), transitional period means the period beginning on the day on which an order made under section 86 comes into force and ending on the day before the day on which an order made under subsection 17(2) comes into force.Initial organization of BoardDuring the transitional period, the College’s Board is to be composed of five directors to be appointed by the Minister.Deemed appointmentThe directors are deemed to have been appointed under subsection 17(3). They hold office for a term that ends on the day on which the transitional period ends.College not a Crown CorporationDespite Part X of the Financial Administration Act, the College is not a Crown corporation as defined in subsection 83(1) of that Act.Right to relevant recordsBeginning on the day on which an order made under section 86 comes into force, any person who is in possession or control of records of the Council that are relevant to the purpose of the College must, at the College’s request, provide the College with a copy of those records.Effects of transitionBeginning on the date of transition,subject to subsection (8), persons who were members of the Council immediately before the date of transition are holders of a class of licence until the day before the day on which by-laws made under paragraph 80(1)(n) come into force and, until that day, any conditions or restrictions to which their membership was subject immediately before the date of transition continue to apply;subject to subsection (8), persons who were registered with the Council as Regulated International Student Immigration Advisors immediately before the date of transition are, until the day before the day on which by-laws made under paragraph 80(1)(n) come into force, holders of a class of licence that is subject to the following restrictions, in addition to any conditions or restrictions to which their registration was subject immediately before the date of transition:the holder may provide advice only in relation to authorizations to study in Canada and authorizations to enter and remain in Canada as a student and the manner in which those authorizations relate to submissions of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act and applications under that Act, andthe holder must not represent any person in connection with submissions of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act, proceedings or applications under that Act or proceedings or applications under the Citizenship Act;the code of professional ethics regulating members of the Council and the code of ethics regulating persons registered with the Council as Regulated International Student Immigration Advisors that were in effect immediately before the date of transition apply until the day before the day on which the Minister establishes a code of professional conduct for licensees under subsection 43(1) and, until that day, a reference to the code of professional conduct in this Act, other than in section 43, is to be read as a reference to that code of professional ethics and that code of ethics;the College may deal with any matter related to complaints and discipline that was pending before the Council immediately before the date of transition;the College’s Complaints Committee has jurisdiction to consider a complaint and conduct an investigation in respect of the conduct or activities of a member referred to in paragraph (a) or a person referred to in paragraph (b) that were engaged in before the date of transition;the College’s Discipline Committee has jurisdiction to hear and determine complaints in respect of the conduct or activities of a member referred to in paragraph (a) or a person referred to in paragraph (b) that were engaged in before the date of transition and to take or require the actions that would have been applicable at the time that the conduct or activities were engaged in;for the purposes of paragraphs (e) and (f), a member referred to in paragraph (a) or a person referred to in paragraph (b) committed professional misconduct or was incompetent if they failed to meet the standards of professional conduct and competence that were established by the code of professional ethics regulating members of the Council or the code of ethics regulating persons registered with the Council as Regulated International Student Immigration Advisors, as the case may be, that was in effect when the conduct or activities were engaged in;the Registrar may, until the day before the day on which a regulation prescribing the circumstances referred to in section 38 comes into force, suspend a licence if the licensee fails topay the annual fee, or any other fee or amount that the licensee is required to pay under this Act, in accordance with the by-laws,provide, in accordance with the by-laws, any information or document required by the by-laws,comply with any requirement that is imposed by the by-laws with respect to continuing professional development, orcomply with any requirement with respect to professional liability insurance that is imposed under this Act;the prescribed period referred to in paragraph 69(3)(b) is deemed to be two years until the day before the day on which a regulation made under section 81 prescribing that period comes into force;the prescribed amount referred to in paragraph 69(3)(d) is deemed to be $10,000 until the day before the day on which a regulation made under section 81 prescribing that amount comes into force; andevery decision of the Council that suspends a member referred to in paragraph (a) or a person referred to in paragraph (b), or imposes conditions or restrictions on their membership or registration, and that was in force immediately before the date of transition becomes a suspension of a licence or a condition or restriction to which a licence is subject, as the case may be, and continues to be such until the date specified in the decision or until the College lifts the suspension, conditions or restrictions.Registration feesA member of the Council referred to in paragraph (7)(a) or a person referred to in paragraph (7)(b) continues to be a holder of a licence only if, within two months after the date of transition, or within any longer period specified by the College and posted on its website, they pay the registration fee specified by the College and posted on its website.LimitA by-law must not be made under paragraph 80(1)(n) on or before the date of transition.Transitional provisions — new classes of licenceFor greater certainty, the by-laws made under subsection 80(1) may contain provisions in respect of the transition from the classes of licence referred to in paragraphs (7)(a) and (b) to the new classes of licence established by the by-laws.
RegulationsThe Governor in Council may make regulations providing for any other transitional matters arising from the coming into force of this Act.
2023, c. 262023-06-22SI/2020-732020-12-09