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

Act current to 2021-11-17 and last amended on 2020-12-09. Previous Versions

College of Immigration and Citizenship Consultants Act

S.C. 2019, c. 29, s. 292

Assented to 2019-06-21

An Act respecting the College of Immigration and Citizenship Consultants

[Enacted by section 292 of chapter 29 of the Statutes of Canada, 2019, in force December 9, 2020, see SI/2020-73.]

Short Title

Marginal note:Short title

 This Act may be cited as the College of Immigration and Citizenship Consultants Act.

Interpretation and Application

Marginal note:Definitions

 The following definitions apply in this Act.

Board

Board means the board of directors referred to in subsection 17(1). (conseil)

College

College means the College of Immigration and Citizenship Consultants continued under section 84 or established under section 86. (Collège)

immigration and citizenship consultant

immigration and citizenship consultant means a person — other than 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 — who, directly or indirectly, represents or advises persons for consideration — or offers 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. (consultant en immigration et en citoyenneté)

licence

licence means a licence issued under this Act. (permis)

Minister

Minister means the federal minister designated under section 3. (ministre)

prescribed

prescribed means prescribed by the regulations. (Version anglaise seulement)

privileged

privileged means subject to a privilege under the law of evidence, litigation privilege, solicitor-client privilege or the professional secrecy of advocates and notaries. (protégé)

Registrar

Registrar means the Registrar of the College appointed under section 30. (registraire)

Marginal note:Designation of Minister

 The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.

Organization

College

Marginal note:Purpose

 The purpose of the College is to regulate immigration and citizenship consultants in the public interest and protect the public, including by

  • (a) establishing and administering qualification standards, standards of practice and continuing education requirements for licensees;

  • (b) ensuring compliance with the code of professional conduct; and

  • (c) undertaking public awareness activities.

Marginal note:Head office

 The College’s head office is to be at the place in Canada that is designated in the College’s by-laws.

Marginal note:Capacity

  •  (1) In carrying out its purpose, the College has the capacity and the rights, powers and privileges of a natural person.

  • Marginal note:Extraterritorial capacity

    (2) For greater certainty, the College may exercise the rights, powers and privileges referred to in subsection (1) in any jurisdiction outside Canada to the extent that the laws of that jurisdiction permit.

Marginal note:Status

 The College is not an agent of Her Majesty in right of Canada, and the College’s directors, the members of its committees, the Registrar, the investigators and any officers, employees and agents and mandataries of the College are not part of the federal public administration.

Marginal note:Canada Not-for-profit Corporations Act

 The Canada Not-for-profit Corporations Act does not apply to the College.

Marginal note:Official Languages Act

 The Official Languages Act applies to the College.

Marginal note:Members

 The members of the College are the licensees.

Marginal note:Annual general meeting

 The College must hold an annual general meeting of members within six months after the end of each of its fiscal years, at a time and place in Canada fixed by the Board.

Marginal note:Notice

 The College must give members notice of the time and place of the annual general meeting in accordance with the by-laws.

Marginal note:Compensation fund

 The College must establish a fund to compensate persons who have been adversely affected by the conduct or activities of a licensee.

Marginal note:Public records

  •  (1) The College must prepare and maintain, at its head office or at any other place in Canada designated by the Board, records that are made available to the public on the College’s website and in any other manner that the College considers appropriate and that contain

    • (a) its by-laws, and amendments to them;

    • (b) the minutes of the Board’s public meetings;

    • (c) a register of directors;

    • (d) a register of officers; and

    • (e) its audited annual financial statements as approved by the Board.

  • Marginal note:Accounting records and financial statements

    (2) The College must prepare and maintain adequate accounting records and annual financial statements.

  • Marginal note:Retention period

    (3) Subject to any other Act of Parliament or of the legislature of a province that provides for a longer retention period, the College must retain, for the prescribed period, the accounting records and audited annual financial statements as approved by the Board.

Marginal note:Annual report

  •  (1) The College must submit to the Minister, within 90 days after the end of each of its fiscal years, a report on the College’s activities during the preceding fiscal year.

  • Marginal note:Tabling report

    (2) The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.

Board of Directors

Marginal note:Duties and powers of Board

  •  (1) The Board must manage, or supervise the management of, the College’s activities and affairs and may, for those purposes, exercise all of the powers conferred on the College under this Act.

  • Marginal note:Delegation

    (2) The Board may delegate any of the powers, duties and functions conferred on it under this Act, except the powers

    • (a) to amend or repeal regulations;

    • (b) to make by-laws; and

    • (c) to approve audited annual financial statements.

Marginal note:Composition

  •  (1) The College has a board of directors composed of at least seven directors, including the Chairperson.

  • Marginal note:Order fixing number of directors

    (2) The Minister may, by order, fix the number of directors.

  • Marginal note:Appointed directors

    (3) Subject to subsection (4), the Minister may, by order, fix the number of directors that are to be appointed to the Board and appoint those directors.

  • Marginal note:Maximum number of appointed directors

    (4) The number of appointed directors fixed under subsection (3) must not be greater than the minimum number that is required to constitute a majority of directors on the Board.

  • Marginal note:Elected directors

    (5) The remaining directors are to be licensees elected in accordance with the by-laws.

Marginal note:Mailing address

 Each director must provide the College with their mailing address and with notice of any change in that address.

Marginal note:Term

  •  (1) Each director is to be appointed or elected for a term of not more than three years, and may be reappointed or — subject to the by-laws — re-elected for subsequent terms of not more than three years each.

  • Marginal note:Determination of term

    (2) The length of a director’s term is to be

    • (a) set out by the Minister in the order appointing the director, if the director is appointed; or

    • (b) determined in accordance with the by-laws, if the director is elected.

  • Marginal note:Staggered terms

    (3) For greater certainty, it is not necessary that all directors hold office for terms that begin or end on the same day.

  • Marginal note:Continuation in office — appointed directors

    (4) Despite subsection (1) and subject to section 23, an appointed director continues to hold office until they are reappointed or their successor is appointed.

Marginal note:Ineligibility

 An individual is not eligible to be appointed or elected as a director if they

  • (a) are less than 18 years of age;

  • (b) are neither a Canadian citizen nor a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

  • (c) have the status of bankrupt;

  • (d) in the case of an appointment to the Board,

    • (i) are a licensee, or

    • (ii) are employed in any capacity in the federal public administration;

  • (e) in the case of election to the Board, have a licence that is suspended; or

  • (f) are ineligible under any other criteria set out in the regulations.

Marginal note:Validity of acts of directors and officers

 An act of a director or an officer is valid despite their ineligibility or an irregularity in their election or appointment.

Marginal note:Removal — appointed directors

  •  (1) An appointed director holds office during good behaviour and may be removed for cause by the Minister.

  • Marginal note:Removal — elected directors

    (2) An elected director may be removed in accordance with the by-laws.

Marginal note:Ceases to be director

 A director ceases to be a director if

  • (a) they die;

  • (b) they resign;

  • (c) they are removed from office under section 22; or

  • (d) any prescribed circumstance applies.

Marginal note:Remuneration and expenses

 The College must pay to the directors the remuneration and expenses that are determined in accordance with the by-laws.

Marginal note:Chairperson

  •  (1) The Chairperson is to be elected by the Board from among the directors in accordance with the by-laws.

  • Marginal note:Duties

    (2) The Chairperson must preside over the Board’s meetings and perform any other duties that are assigned to the Chairperson by the by-laws.

  • Marginal note:Removal

    (3) The Board may remove the Chairperson in accordance with the by-laws.

Marginal note:Meetings

  •  (1) The Board must hold a meeting at least once every calendar year.

  • Marginal note:Quorum

    (2) A majority of the number of directors fixed by the Minister under subsection 17(2) constitutes a quorum at any meeting of the Board.

  • Marginal note:Notice of meeting

    (3) The Chairperson of the Board must give notice of the time and place of meetings of the Board to the directors and any observer designated under section 76.

  • Marginal note:Public meetings

    (4) Subject to the by-laws, meetings of the Board are to be open to the public.

  • Marginal note:Observer — in camera meetings

    (5) An observer designated under section 76 is entitled to attend meetings of the Board that are held in camera.

  • Marginal note:Telecommunications

    (6) Subject to the by-laws, a director may participate in, and any observer designated under section 76 may observe, a meeting of the Board by telephone or by an electronic or other communication facility that permits them to communicate adequately with each other during the meeting. A director so participating in a meeting is deemed for the purposes of this Act to be present at that meeting.

Marginal note:Validity of signed resolutions

  •  (1) A resolution in writing, signed by all the directors entitled to vote on that resolution at a meeting of the Board, is as valid as if it had been passed at a meeting of the Board.

  • Marginal note:Filing resolution

    (2) Subject to the by-laws made under paragraph 80(1)(z), a copy of every resolution referred to in subsection (1) is to be kept with the minutes of the public meetings of directors.

Marginal note:Chief Executive Officer

 The Board may appoint a Chief Executive Officer, who is to exercise the powers and perform the duties and functions that are delegated to him or her by the Board.

Committees

Marginal note:Complaints Committee and Discipline Committee

  •  (1) Two committees of the College are established, to be known as the Complaints Committee and the Discipline Committee.

  • Marginal note:Appointment

    (2) The members of each committee are to be appointed by the Board in accordance with the regulations.

  • Marginal note:Term

    (3) The members of the Discipline Committee are to hold office for a term of not more than five years. The members may be reappointed for subsequent terms of not more than five years each.

  • Marginal note:Acting after expiry of term

    (4) A member of the Discipline Committee whose term expires may, in accordance with the rules referred to in section 59, conclude any proceeding that the member has begun.

  • Marginal note:Removal

    (5) The members of the Discipline Committee hold office during good behaviour and may be removed for cause by the Board.

  • Marginal note:Limitation

    (6) An individual is not permitted to be a member of the Complaints Committee and the Discipline Committee at the same time.

  • Marginal note:Other committees

    (7) The Board may establish other committees of the College.

 
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