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

Marginal note:Regulations prevail

82 The regulations prevail over the by-laws to the extent of any inconsistency or conflict between them.

Transitional Provisions

Marginal note:Definitions

83 The following definitions apply in sections 84 to 87.

Council

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

date of continuance means the date specified in an order made under subsection 84(2). (date de prorogation)

date of transition

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)

Marginal note:Application for continuance

• 84 (1) The 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.

• Marginal note:Approval of application

  (2) Unless 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.

• Marginal note:Copy of order

  (3) If 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.

• Marginal note:Canada Not-for-profit Corporations Act

  (4) An 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”.

• Marginal note:Non-application of certain subsections

  (5) For the purposes of this Act, subsections 213(1), (2), (6) and (10) of the Canada Not-for-profit Corporations Act do not apply.

Marginal note:Applicable provisions if Council continued

• 85 (1) Subsections (2) to (8) apply if the Council is continued under section 84.

• Marginal note:Definition of transitional period

  (2) In 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.

• Marginal note:Initial organization of Board

  (3) During 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.

• Marginal note:Deemed election or appointment

  (4) The 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).

• Marginal note:End of term

  (5) The directors hold office for a term that ends on the day on which the transitional period ends.

• Marginal note:Performance review

  (6) The Board must, within 12 months after the date of continuance, review the performance of any officers of the College, including the Chief Executive Officer.

• Marginal note:Effects of continuance

  (7) Beginning on the date of continuance,

  • (a) 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;

  • (b) 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;

  • (c) the property and rights of the Council are the property and rights of the College;

  • (d) the College is liable for the obligations of the Council;

  • (e) 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;

  • (f) an existing cause of action, claim or liability to prosecution of or against the Council is unaffected;

  • (g) any civil, criminal or administrative action or proceeding pending by or against the Council may be continued by or against the College;

  • (h) any conviction against, or ruling, order or judgment in favour of or against, the Council may be enforced by or against the College;

  • (i) any matter before the Council immediately before the date of continuance, including any matters related to complaints and discipline, are continued before the College;

  • (j) 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;

  • (k) 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:

    • (i) 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, and

    • (ii) the 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;

  • (l) any application for membership in, or registration with, the Council is continued as an application for a licence;

  • (m) 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;

  • (n) 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;

  • (o) 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;

  • (p) 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;

  • (q) 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;

  • (r) 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;

  • (s) 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;

  • (t) 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 to

    • (i) pay 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,

    • (ii) provide, in accordance with the by-laws, any information or document required by the by-laws,

    • (iii) comply with any requirement that is imposed by the by-laws with respect to continuing professional development, or

    • (iv) comply with any requirement with respect to professional liability insurance that is imposed under this Act;

  • (u) 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; and

  • (v) 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 the amount comes into force.

• Marginal note:Transitional provisions — new classes of licence

  (8) For 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.

Marginal note:Establishment of College

86 If 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.

Marginal note:Applicable provisions if College established

• 87 (1) Subsections (2) to (10) apply if the College is established by an order made under section 86.

• Marginal note:Definition of transitional period

  (2) In 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.

• Marginal note:Initial organization of Board

  (3) During the transitional period, the College’s Board is to be composed of five directors to be appointed by the Minister.

• Marginal note:Deemed appointment

  (4) The 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.

• Marginal note:College not a Crown Corporation

  (5) Despite Part X of the Financial Administration Act, the College is not a Crown corporation as defined in subsection 83(1) of that Act.

• Marginal note:Right to relevant records

  (6) Beginning 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.

• Marginal note:Effects of transition

  (7) Beginning on the date of transition,

  • (a) 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;

  • (b) 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:

    • (i) 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, and

    • (ii) the 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;

  • (c) 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;

  • (d) the College may deal with any matter related to complaints and discipline that was pending before the Council immediately before the date of transition;

  • (e) 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;

  • (f) 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;

  • (g) 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;

  • (h) 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 to

    • (i) pay 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,

    • (ii) provide, in accordance with the by-laws, any information or document required by the by-laws,

    • (iii) comply with any requirement that is imposed by the by-laws with respect to continuing professional development, or

    • (iv) comply with any requirement with respect to professional liability insurance that is imposed under this Act;

  • (i) 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;

  • (j) 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; and

  • (k) every 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.

• Marginal note:Registration fees

  (8) A 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.

• Marginal note:Limit

  (9) A by-law must not be made under paragraph 80(1)(n) on or before the date of transition.

• Marginal note:Transitional provisions — new classes of licence

  (10) For 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.