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

Prohibition and Injunction

Marginal note:Unauthorized practice

77 A person, other than a licensee, must not

• (a) use the title “immigration consultant,” “citizenship consultant,” “international student immigration advisor” or a variation or abbreviation of any of those titles, or any words, name or designation, in a manner that leads to a reasonable belief that the person is a licensee;

• (b) represent themselves, in any way or by any means, to be a licensee; or

• (c) unless the person is 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, knowingly, directly or indirectly, represent or advise a person for consideration — or offer 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.

Marginal note:Injunction

78 On application by the College, if a court of competent jurisdiction is satisfied that a contravention of section 77 is being or is likely to be committed, the court may grant an injunction, subject to any conditions that it considers appropriate, ordering any person to cease or refrain from any activity related to that contravention or ordering the person to take any measure that the court considers appropriate.

Offences and Punishment

Marginal note:Offences and punishment

• 79 (1) Every person who contravenes section 55, 70 or 73.4 or an order made under paragraph 66(a) is guilty of an offence and liable

  • (a) on conviction on indictment, to a fine of not more than $50,000 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 $10,000 or to imprisonment for a term of not more than six months, or to both.

• Marginal note:Due diligence

  (2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

By-laws and Regulations

Marginal note:By-laws

• 80 (1) The Board may, by a resolution approved by at least the majority of directors present at a meeting or by a resolution referred to in subsection 27(1) approved by at least the majority of directors, make by-laws respecting any matter necessary to carry on the activities of the College, including by-laws

  • (a) designating the place in Canada where the head office of the College is to be located;

  • (b) respecting annual general meetings;

  • (c) respecting the compensation fund referred to in section 13, including the circumstances in which compensation may be paid;

  • (d) respecting the election of directors, the terms of elected directors and their removal;

  • (e) respecting the remuneration and expenses of directors;

  • (f) respecting the election and removal of the Chairperson of the Board and the Chairperson’s duties;

  • (g) respecting the Board’s meetings and activities, including voting;

  • (h) respecting the filling of vacancies caused by the temporary absence or incapacity of elected directors;

  • (i) establishing a code of ethics for the directors, officers and employees of the College;

  • (j) fixing the annual fee — or the manner of determining the annual fee — that is to be paid by licensees;

  • (k) fixing any other fee — or the manner of determining any other fee — that is to be paid by licensees;

  • (l) establishing the time within which and the manner in which any fees or other amounts are to be paid;

  • (m) respecting the classes of firm in connection with which a licensee may work as a licensee;

  • (n) establishing classes of licences and prescribing eligibility requirements for each class;

  • (o) respecting conditions or restrictions to be imposed on licences or classes of licences;

  • (p) respecting the maintenance of licensees’ competencies and continuing professional development requirements for licensees;

  • (q) respecting the surrender of licences and applications for a surrender;

  • (r) respecting the professional liability insurance that licensees are required to maintain;

  • (s) exempting licensees from the requirement to be insured against professional liability;

  • (t) respecting the information and documents that licensees must provide to the College;

  • (u) respecting the keeping and preservation of records by licensees;

  • (v) establishing a procedure for resolving disputes in respect of fees charged by licensees;

  • (w) respecting pro bono work by licensees;

  • (x) respecting the making of complaints to the College;

  • (y) respecting the activities of the Complaints Committee; and

  • (z) respecting the circumstances in which information is to be treated as confidential and limiting the use and disclosure of that information.

• Marginal note:Different treatment

  (2) The by-laws made under subsection (1) may distinguish among classes of licences.

• Marginal note:Mandatory eligibility requirement

  (3) Any by-law that establishes a class of licence that does not prevent a licensee who holds a licence of that class from representing persons before the Immigration and Refugee Board must also provide, as an eligibility requirement for that class, that licensees must have completed training related to appearing before a tribunal.

• Marginal note:Notice

  (4) A by-law imposing a new condition or restriction on a class of licence must not come into force unless 90 days’ notice has been given to the licensees who hold a licence of that class.

• Marginal note:For greater certainty

  (5) For greater certainty, by-laws are not required to be approved by the members of the College.

Marginal note:Regulations — Governor in Council

• 81 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

  • (a) respecting the compensation fund referred to in section 13, including the circumstances in which compensation may be paid;

  • (b) respecting the reports and information that must be provided or submitted to the Minister;

  • (c) prescribing ineligibility criteria for the purposes of section 20;

  • (d) respecting the consequences of meeting the ineligibility criteria referred to in section 20 while in office;

  • (e) respecting the conflicts of interest of directors, members of the Complaints Committee, members of the Discipline Committee and members of any other committee of the College;

  • (f) respecting the Complaints Committee, the Discipline Committee and any other committees of the College, including the powers, duties and functions of those committees, the eligibility requirements for membership in them, the remuneration of members, the terms of members and their removal;

  • (g) establishing committees of the College;

  • (h) respecting the eligibility requirements to be appointed as Registrar and the Registrar’s remuneration;

  • (i) respecting the register of licensees, including the contents of the register and the manner in which it is to be made available to the public;

  • (j) respecting the issuance of licences, establishing a process for making decisions under subsection 33(1) and prescribing the circumstances in which the process is to be followed;

  • (k) respecting the verifications referred to in section 35 and imposing limits on the exercise of the powers under that section;

  • (l) prescribing the circumstances in which the Registrar must initiate a complaint and refer it to the Complaints Committee for consideration;

  • (m) establishing a process for making decisions under section 38 and prescribing the circumstances in which the process is to be followed;

  • (n) respecting the actions that may be taken or required by the Registrar under section 38, which may include the requirement to pay a monetary penalty, and specifying the amount or maximum amount of such a penalty;

  • (o) limiting the powers, duties and functions that may be delegated by the Registrar and the persons to whom they may be delegated;

  • (p) respecting the examination and copying of a thing under section 51 and the removal of the thing for examination or copying;

  • (q) respecting the circumstances in which the Registrar, the Complaints Committee, an investigator and the Discipline Committee may obtain and use privileged information, the process to be followed by them in order to obtain and use that information and the limits to obtaining and using that information;

  • (r) prescribing the circumstances in which the Complaints Committee must refer a complaint, in whole or in part, to the Discipline Committee;

  • (s) respecting the actions that may be taken or required by the Discipline Committee under subsections 68(1) and 69(3), which may include the requirement to reimburse all or a portion of the costs incurred by the College or by any other person during the proceeding before the Committee or all or a portion of the fees or disbursements paid to the licensee by a client or to pay a monetary penalty, and specifying the amount or maximum amount of such a penalty;

  • (t) prescribing the circumstances in which the actions referred to in paragraph (s) may be taken or required;

  • (u) prescribing the manner in which decisions and reasons of the Discipline Committee are to be made available to the public and the circumstances in which decisions and reasons of the Committee are not required to be made available to the public;

  • (v) prescribing the circumstances in which the Minister may appoint a person under section 75 and imposing limits on the powers, duties, functions, conditions and period that the Minister may specify under that section;

  • (w) respecting the collection, retention, use, disclosure and disposal of personal information for the purposes of this Act; and

  • (x) prescribing anything that, by this Act, is to be or may be prescribed.

• Marginal note:Authorization

  (2) Regulations made under paragraphs (1)(c) to (f), (h) to (j), (l) to (p), (r), (s), (u) and (x) may authorize the College to make by-laws with respect to all or part of the subject matter of the regulations and, for greater certainty, those by-laws are regulations for the purposes of the Statutory Instruments Act.

• Marginal note:No waiver

  (3) For greater certainty, the disclosure of privileged information under a regulation made under paragraph (1)(q) to the Registrar, the Complaints Committee, an investigator or the Discipline Committee does not constitute a waiver of the privilege.

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.