College of Immigration and Citizenship Consultants Act (S.C. 2019, c. 29, s. 292)

Short Title

Marginal note:Short title

1 This Act may be cited as the College of Immigration and Citizenship Consultants Act.

Interpretation and Application

Marginal note:Definitions

2 The following definitions apply in this Act.

Board

Board means the board of directors referred to in subsection 17(1). (conseil)

College

College means the College of Immigration and Citizenship Consultants continued under section 84 or established under section 86. (Collège)

immigration and citizenship consultant

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

licence means a licence issued under this Act. (permis)

Minister

Minister means the federal minister designated under section 3. (ministre)

prescribed

prescribed means prescribed by the regulations. (Version anglaise seulement)

privileged

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

Registrar means the Registrar of the College appointed under section 30. (registraire)

Marginal note:Designation of Minister

3 The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.

Organization

College

Marginal note:Purpose

4 The purpose of the College is to regulate immigration and citizenship consultants in the public interest and protect the public, including by

• (a) establishing and administering qualification standards, standards of practice and continuing education requirements for licensees;

• (a.1) establishing and providing training and development programs for licensees;

• (b) ensuring compliance with the code of professional conduct; and

• (c) undertaking public awareness activities.

Marginal note:Head office

5 The College’s head office is to be at the place in Canada that is designated in the College’s by-laws.

Marginal note:Capacity

• 6 (1) In carrying out its purpose, the College has the capacity and the rights, powers and privileges of a natural person.

• Marginal note:Extraterritorial capacity

  (2) For 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.

Marginal note:Status

7 The 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.

Marginal note:Canada Not-for-profit Corporations Act

8 The Canada Not-for-profit Corporations Act does not apply to the College.

Marginal note:Official Languages Act

9 The Official Languages Act applies to the College.

Marginal note:Members

10 The members of the College are the licensees.

Marginal note:Annual general meeting

11 The 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.

Marginal note:Notice

12 The College must give members notice of the time and place of the annual general meeting in accordance with the by-laws.

Marginal note:Compensation fund

13 The College must establish a fund to compensate persons who have been adversely affected by the conduct or activities of a licensee.

Marginal note:Public records

• 14 (1) The 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 contain

  • (a) its by-laws, and amendments to them;

  • (b) the minutes of the Board’s public meetings;

  • (c) a register of directors;

  • (d) a register of officers; and

  • (e) its audited annual financial statements as approved by the Board.

• Marginal note:Accounting records and financial statements

  (2) The College must prepare and maintain adequate accounting records and annual financial statements.

• Marginal note:Retention period

  (3) Subject 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.

Marginal note:Annual report

• 15 (1) The 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.

• Marginal note:Tabling report

  (2) The 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.

Board of Directors

Marginal note:Duties and powers of Board

• 16 (1) The 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.

• Marginal note:Delegation

  (2) The Board may delegate any of the powers, duties and functions conferred on it under this Act, except the powers

  • (a) to amend or repeal regulations;

  • (b) to make by-laws; and

  • (c) to approve audited annual financial statements.

Marginal note:Composition

• 17 (1) The College has a board of directors composed of at least seven directors, including the Chairperson.

• Marginal note:Order fixing number of directors

  (2) The Minister may, by order, fix the number of directors.

• Marginal note:Appointed directors

  (3) Subject 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.

• Marginal note:Maximum number of appointed directors

  (4) The 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.

• Marginal note:Elected directors

  (5) The remaining directors are to be licensees elected in accordance with the by-laws.

Marginal note:Mailing address

18 Each director must provide the College with their mailing address and with notice of any change in that address.

Marginal note:Term

• 19 (1) Each 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.

• Marginal note:Determination of term

  (2) The length of a director’s term is to be

  • (a) set out by the Minister in the order appointing the director, if the director is appointed; or

  • (b) determined in accordance with the by-laws, if the director is elected.

• Marginal note:Staggered terms

  (3) For greater certainty, it is not necessary that all directors hold office for terms that begin or end on the same day.

• Marginal note:Continuation in office — appointed directors

  (4) Despite subsection (1) and subject to section 23, an appointed director continues to hold office until they are reappointed or their successor is appointed.

Marginal note:Ineligibility

20 An individual is not eligible to be appointed or elected as a director if they

• (a) are less than 18 years of age;

• (b) are neither a Canadian citizen nor a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

• (c) have the status of bankrupt;

• (d) in the case of an appointment to the Board,

  • (i) are a licensee, or

  • (ii) are employed in any capacity in the federal public administration;

• (e) in the case of election to the Board, have a licence that is suspended; or

• (f) are ineligible under any other criteria set out in the regulations.

Marginal note:Validity of acts of directors and officers

21 An act of a director or an officer is valid despite their ineligibility or an irregularity in their election or appointment.

Marginal note:Removal — appointed directors

• 22 (1) An appointed director holds office during good behaviour and may be removed for cause by the Minister.

• Marginal note:Removal — elected directors

  (2) An elected director may be removed in accordance with the by-laws.

Marginal note:Ceases to be director

23 A director ceases to be a director if

• (a) they die;

• (b) they resign;

• (c) they are removed from office under section 22; or

• (d) any prescribed circumstance applies.