Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)

Marginal note:Filing decision in Federal Court

• 70.1 (1) The College may file in the Federal Court a certified copy of a decision made under subsection 69(3).

• Marginal note:Effect of filing

  (2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court.

• Marginal note:Respondent — committee

  (2) However, if the College makes an application for judicial review of a decision of its committees, the committee is the respondent.

Powers of College

Administration of Licensee’s Property

Marginal note:Order

• 73.1 (1) If a licensee is not able to perform their activities as an immigration and citizenship consultant for any prescribed reason, the College may, in order to carry out its purpose, including to ensure the continuation of services to a licensee’s client, apply, without notice, to a court of competent jurisdiction, including the Federal Court, for an order authorizing the College or a person appointed by the court to administer any property in relation to those activities that is or should be in the licensee’s possession or under their control.

• Marginal note:Content of order

  (2) If the court concludes that it is necessary to ensure the continuation of services to the licensee’s clients or to otherwise permit the College to carry out its purpose, it may, for the purposes of subsection (1),

  • (a) authorize the College or person appointed by the court to

    • (i) enter a place, including a vehicle, in which the College or person has reasonable grounds to believe property referred to in subsection (1) is located,

    • (ii) examine anything in the place,

    • (iii) open or order any person to open any container or package found in the place,

    • (iv) require the owner or person in charge of the place and any person in the place to give all assistance that is reasonably required to enable the College or person appointed by the court to execute the order and to provide any property referred to in subsection (1) or any information, and access to any data, that are reasonably required for that purpose, and

    • (v) seize any document or other thing related to a client’s files and transfer it to the client or a licensee or 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;

  • (b) order that any property referred to in subsection (1) is not to be dealt with by any person without leave of the court or is to be held in trust by the College or person appointed by the court;

  • (c) require the licensee to account to the College or person appointed by the court for any property referred to in subsection (1);

  • (d) provide for the compensation of the College or person appointed by the court for administering the licensee’s property and the reimbursement of any expenses the College or person incurs in doing so; and

  • (e) provide for any other matter that it considers appropriate in the circumstances, including imposing conditions on the manner in which the College or person appointed by the court is to execute the order.

• Marginal note:Additional authority

  (3) The court may also authorize the College or person appointed by the court to seize and detain any property referred to in subsection (1) found in the place and transfer it to any person for the purpose of carrying on the licensee’s business operations or winding up their practice.

• Marginal note:Former licensee

  (4) For greater certainty, the College has jurisdiction to apply for an order referred to in subsection (1) in respect of a former licensee.

Marginal note:Limitation or prescription

73.2 The College is not permitted to make an application under subsection 73.1(1) after the sixth anniversary of the day on which a licensee ceases to be a licensee.

Marginal note:Application

73.3 Sections 52 and 53 apply in respect of an order issued under subsection 73.1(1) with any adaptations that may be necessary.

Marginal note:Obstruction and false statements

73.4 It is prohibited to obstruct or hinder, or make a false or misleading statement either orally or in writing, to the College or person appointed by the Court when the College or person is executing an order issued under subsection 73.1(1).

Information-sharing Agreement or Arrangement

Marginal note:Information sharing

• 73.5 (1) The College may enter into an agreement or arrangement with any entity, including a government institution, as defined in section 3 of the Access to Information Act, or an institution of a government of a province or foreign state, for the sharing of information for the purpose of assisting in the administration and enforcement of this Act, or any other Act of Parliament or of a province or any other law, as it relates to immigration and citizenship consultants.

• Marginal note:Limitation

  (2) An agreement or arrangement entered into under subsection (1) is subject to the by-laws and regulations made under this Act.

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

• 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:Right to request review

  (3) Any regulation made under paragraph (1)(k.6) must provide that a person who is the subject of a notice of violation has the right to request, from a person appointed under subsection (4), a review of the notice or of the penalty imposed.

• Marginal note:Right to request review

  (2) Any regulation made under paragraph (1)(a) must provide that a person who is the subject of a notice of violation has the right to request, from a person appointed under subsection (3), a review of the notice or of the penalty imposed.

Biometric Information

Marginal note:Biometric information — collection, use, etc.

2.1 The Minister may, for the purpose of administering and enforcing this Act, collect, use, verify, retain and disclose biometric information in accordance with the regulations.

Marginal note:Provision of biometric information

• 2.2 (1) Subject to subsection (2) and the regulations, a person who makes an application or request under this Act must provide the biometric information specified by the regulations in accordance with the procedures set out in the regulations for the collection and verification of biometric information.

• Marginal note:Exceptional circumstances

  (2) If the Minister considers that exceptional circumstances warrant it, the Minister may, on the Minister’s own initiative, decide that subsection (1) does not apply in respect of a class of persons and may specify the biometric information that a person who is a member of that class is to provide and the procedure to follow for the collection and verification of that biometric information.

Marginal note:Application for evidence of citizenship

• 12 (1) The Minister shall, on application by a person, determine whether they are a citizen and, if they are,

• (a.1) respecting the procedures for the collection and verification of biometric information;

• (a.2) respecting the processing of collected biometric information, including the creation of biometric templates;

Marginal note:Regulations — electronic means

• 27.21 (1) The Minister may make regulations respecting the application of section 28.2 and paragraph 28.3(b), including regulations respecting

  • (a) the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; and

  • (b) the date and time when, and the place where, an electronic version of an application, request, notice, decision, determination or document or any information or evidence is deemed to be sent or received.

• Marginal note:Electronic and other means

  (2) The regulations made under subsection (1) may include provisions requiring a person who makes an application or request or who provides any document, information or evidence under this Act to do so using electronic means, including an electronic system, and provisions respecting such means, including such a system. The regulations may also include provisions prescribing the circumstances in which the application, request, document, information or evidence may be provided by other means and respecting those other means.

• Marginal note:Electronic payments

  (3) The regulations may also include provisions

  • (a) requiring that payments that are required to be made or evidence of payment that is required to be provided under this Act must be made or provided by means of an electronic system and respecting such a system;

  • (b) prescribing the circumstances in which such payments may be made or evidence of such payments may be provided by other means and respecting such other means; and

  • (c) respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received.

PART VI.1Electronic Administration and Enforcement

Marginal note:Power — Minister

• 28.2 (1) The Minister may administer and enforce this Act using electronic means.

• Marginal note:Power — citizenship judges and Registrar

  (2) A citizenship judge and the Registrar of Canadian Citizenship may, in the exercise of their powers and performance of their duties and functions under this Act, use the electronic means that are made available or specified by the Minister.

• Marginal note:Delegation

  (3) A person who has been authorized by the Minister to do anything that may be done by the Minister under this Act, may do so using the electronic means that are made available or specified by the Minister.

• Marginal note:Decision or determination — automated system

  (4) For greater certainty, an electronic system, including an automated system, may be used to process an application, proceed with an examination or make a decision or determination under this Act.

Marginal note:Conditions for electronic version

28.3 If any provision of this Act or the regulations requires a signature or any information or evidence to be provided, an application, request, decision or determination to be made, a notice to be given or any other document to be issued or otherwise provided, the electronic version of the signature, information or evidence, application, request, decision or determination, notice or other document is satisfied by its electronic version, if

• (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; and

• (b) any other requirements that may be prescribed are met.

Marginal note:For greater certainty

28.4 For greater certainty, if any provision of this Act or the regulations authorizes the Minister to require that any document, information or evidence be provided, the Minister is not precluded by this Part from requiring that the document, information or evidence, as the case may be, be provided in accordance with that provision.