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

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.

Marginal note:Regulations

88 The Governor in Council may make regulations providing for any other transitional matters arising from the coming into force of this Act.