Immigration and Refugee Protection Act

Marginal note:Representation or advice for consideration

• 91 (1) Subject to this section, no person shall knowingly, directly or indirectly, represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act.

• Marginal note:Persons who may represent or advise

  (2) A person does not contravene subsection (1) if they are

  • (a) a lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec;

  • (b) any other member in good standing of a law society of a province or the Chambre des notaires du Québec, including a paralegal; or

  • (c) a member in good standing of a body designated under subsection (5).

• Marginal note:Students-at-law

  (3) A student-at-law does not contravene subsection (1) by offering or providing representation or advice to a person if the student-at-law is acting under the supervision of a person mentioned in paragraph (2)(a) who is representing or advising the person — or offering to do so — in connection with a proceeding or application under this Act.

• Marginal note:Agreement or arrangement with Her Majesty

  (4) An entity, including a person acting on its behalf, that offers or provides services to assist persons in connection with an application under this Act, including for a permanent or temporary resident visa, travel documents or a work or study permit, does not contravene subsection (1) if it is acting in accordance with an agreement or arrangement between that entity and Her Majesty in right of Canada that authorizes it to provide those services.

• Marginal note:Designation by Minister

  (5) The Minister may, by regulation, designate a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act.

• Marginal note:Revocation of designation

  (5.1) For greater certainty, subsection (5) authorizes the Minister to revoke, by regulation, a designation made under that subsection.

• Marginal note:Regulations — required information

  (6) The Governor in Council may make regulations requiring the designated body to provide the Minister with any information set out in the regulations, including information relating to its governance and information to assist the Minister to evaluate whether the designated body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice.

• Marginal note:Regulations — transitional measures

  (7) The Minister may, by regulation, provide for measures respecting any transitional issues raised by the exercise of his or her power under subsection (5), including measures

  • (a) making any person or member of a class of persons a member for a specified period of a body that is designated under that subsection; and

  • (b) providing that members or classes of members of a body that has ceased to be a designated body under that subsection continue for a specified period to be authorized to represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act without contravening subsection (1).

• Marginal note:An Act respecting immigration to Québec

  (7.1) For greater certainty, An Act respecting immigration to Québec, R.S.Q., c. I-0.2, applies to, among other persons, every person who, in Quebec, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act and

  • (a) is authorized to do so under regulations made under paragraph (7)(b); or

  • (b) is a member of a body designated under subsection (5).

• Marginal note:Persons made members of a body

  (8) For greater certainty, nothing in measures referred to in paragraph (7)(a) exempts a person made a member of a body under the measures from the body’s disciplinary rules concerning suspension or revocation of membership for providing — or offering to provide — representation or advice that is not professional or is not ethical.

• Marginal note:Penalties

  (9) Every person who contravenes subsection (1) commits an offence and is liable

  • (a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years, or to both; or

  • (b) on summary conviction, to a fine of not more than $20,000 or to imprisonment for a term of not more than six months, or to both.

• Meaning of proceeding

  (10) For greater certainty, in this section, proceeding does not include a proceeding before a superior court.