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

Marginal note:Jurisdiction — former licensees

49 For greater certainty, the Complaints Committee has jurisdiction to consider a complaint and conduct an investigation in respect of a former licensee.

Investigations

Marginal note:Investigator

• 50 (1) The Complaints Committee may designate an individual as an investigator to conduct an investigation under the Committee’s direction.

• Marginal note:Revocation

  (2) The Complaints Committee may revoke the designation.

Marginal note:Power to require information and documents

• 51 (1) An investigator may, for the purpose of investigating a licensee’s conduct and activities, require any person

  • (a) to provide any information that, in the investigator’s opinion, the person may be able to provide in relation to the matter being investigated; and

  • (b) to 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.

• Marginal note:Authority to enter

  (2) Subject 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.

• Marginal note:Other powers

  (3) The investigator may, for that purpose,

  • (a) examine anything in the place;

  • (b) remove the thing for examination or copying;

  • (c) use any copying equipment in the place, or cause it to be used;

  • (d) open or order any person to open any container or package found in the place;

  • (e) use any means of communication in the place, or cause it to be used;

  • (f) 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;

  • (g) prepare a document, or cause one to be prepared, based on the data; and

  • (h) take photographs or make recordings or make a copy of anything in the place.

• Marginal note:Duty to assist

  (4) The 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.

Marginal note:Warrant to enter dwelling-house

• 52 (1) If 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).

• Marginal note:Authority to issue warrant

  (2) On 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 that

  • (a) the dwelling-house is a place referred to in subsection 51(2);

  • (b) entry to the dwelling-house is necessary for the purposes of the investigation; and

  • (c) entry 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.

Marginal note:Use of force

53 In 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.

Marginal note:Privileged information

54 Subject to the regulations, the powers set out in section 51 must not be exercised in respect of privileged information.

Marginal note:Obstruction and false statements

55 It 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

Marginal note:Responsibility for damages — directors and others

56 No 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) a current or former director of the Board;

• (b) a current or former member of a committee of the College;

• (c) the Registrar or a former Registrar;

• (d) a current or former investigator;

• (e) a current or former officer, employee, agent or mandatary of the College; and

• (f) a person who is or has been engaged by the College.

Decision of Complaints Committee

Marginal note:Referral to Discipline Committee

• 57 (1) The Complaints Committee may, subject to the regulations, refer a complaint, in whole or in part, to the Discipline Committee.

• Marginal note:Measures if not referred to Discipline Committee

  (2) If the Complaints Committee does not refer the complaint, in whole or in part, to the Discipline Committee, the Complaints Committee must

  • (a) notify the complainant, if any, and the licensee that the complaint was not referred, and provide them with the reasons for the decision;

  • (b) 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; or

  • (c) refer the complaint to a process of dispute resolution, on any conditions specified by the Complaints Committee, if the licensee consents.

• Marginal note:If dispute resolution not successful

  (3) If 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.

Disciplinary Proceedings

Marginal note:Complaints referred by Complaints Committee

58 The Discipline Committee must hear and determine all complaints referred to it by the Complaints Committee.

Marginal note:Rules of procedure

59 The 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.

Marginal note:Panel of Discipline Committee

• 60 (1) Any 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.

• Marginal note:Decision of panel

  (2) A decision of a panel is a decision of the Discipline Committee.

Marginal note:Parties

61 The Complaints Committee and the licensee are parties to the proceeding.

Marginal note:Right of parties to make submissions

62 The parties to the proceeding are entitled to make oral and written submissions to the Discipline Committee.

Marginal note:Submissions — other persons

63 The Discipline Committee may provide an opportunity for any other person to make oral and written submissions to it.

Marginal note:Public hearings

64 Subject 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.

Marginal note:Jurisdiction — former licensees

65 For greater certainty, the Discipline Committee has jurisdiction to hear and determine a complaint in respect of a former licensee.

Marginal note:Powers of Discipline Committee

66 The Discipline Committee has the power

• (a) to 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;

• (b) to administer oaths; and

• (c) to accept any evidence, whether admissible in a court of law or not.

Marginal note:Privileged information

67 Subject to the regulations, the Discipline Committee must not admit or accept as evidence any privileged information.

Marginal note:Powers before decision

• 68 (1) Before 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.

• Marginal note:Action is provisional

  (2) Any 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.

Marginal note:Decision on complaint

• 69 (1) After the hearing of a complaint, the Discipline Committee must determine whether the licensee has committed professional misconduct or was incompetent.

• Marginal note:Dismissal of complaint

  (2) If the Discipline Committee determines that the licensee did not commit professional misconduct or was not incompetent, the Committee must dismiss the complaint.

• Marginal note:Professional misconduct or incompetence

  (3) If 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:

  • (a) impose conditions or restrictions on the licensee’s licence;

  • (b) suspend the licensee’s licence for not more than the prescribed period or until specified conditions are met, or both;

  • (c) revoke the licensee’s licence; or

  • (d) require the licensee to pay a penalty of not more than the prescribed amount to the College.

  • (e) [Repealed, 2023, c. 26, s. 292]

• Marginal note:Decision and reasons in writing

  (4) The Discipline Committee must give its decision and the reasons for it in writing.

• Marginal note:Decision and reasons available to public

  (5) Subject 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.

• Marginal note:Notice to Registrar

  (6) The Discipline Committee must provide a copy of its decision to the Registrar.

• Marginal note:Payment into compensation fund

  (7) If 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.