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

Act current to 2021-06-03 and last amended on 2020-12-09. Previous Versions

Organization (continued)

Board of Directors (continued)

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.

Registrar

Marginal note:Appointment

  •  (1) The Board is to appoint a Registrar of the College for a term of not more than five years. The Registrar may be reappointed for subsequent terms of not more than five years each.

  • Marginal note:Removal

    (2) The Registrar holds office during good behaviour and may be removed for cause by the Board.

  • Marginal note:Role

    (3) The Registrar is responsible for issuing licences, establishing and maintaining a register of licensees and verifying compliance or preventing non-compliance with this Act by licensees.

Marginal note:Register available to public

  •  (1) The register of licensees must be made available to the public on the College’s website in a searchable format and, subject to the regulations, in any other manner that the Registrar considers appropriate.

  • Marginal note:Updated information

    (2) The Registrar must ensure that the information included in the register is updated in a timely manner.

 
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