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

Act current to 2020-11-17

Organization (continued)

Board of Directors (continued)

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Marginal note:Validity of signed resolutions

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     (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.

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    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.

The following provision is not in force.

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

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Marginal note:Complaints Committee and Discipline Committee

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

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    Marginal note:Appointment

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

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    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.

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    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.

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    Marginal note:Removal

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

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    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.

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    Marginal note:Other committees

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

Registrar

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Marginal note:Appointment

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     (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.

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    Marginal note:Removal

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

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    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.

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Marginal note:Register available to public

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     (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.

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    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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Marginal note:Notice to Minister

 The Registrar must, within the prescribed period and in the prescribed form and manner, provide notice to the Minister in the following circumstances:

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    (a) a licence is suspended;

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    (b) a licence is revoked;

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    (c) a licence is surrendered; and

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    (d) any other prescribed circumstance.

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Marginal note:Licence

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     (1) On application, the Registrar must issue to an individual who, in the Registrar’s opinion, meets the eligibility requirements set out in the by-laws for the class of licence for which the individual applied, a licence of that class.

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    Marginal note:Conditions

    (2) A licence issued under this section is subject to any conditions or restrictions imposed under this Act.

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    Marginal note:Application

    (3) An application for a licence must be made in the form and manner specified by the Registrar and must contain the information specified by the Registrar.

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Marginal note:Surrender of licence

 The Registrar may, in accordance with the by-laws, approve the surrender of a licence on application by a licensee made in accordance with the by-laws.

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Marginal note:Powers of Registrar — verification

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     (1) Subject to the regulations, the Registrar may, for a purpose related to verifying compliance or preventing non-compliance with this Act by licensees,

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      (a) subject to subsection (2), enter a licensee’s business premises, without notice, at any reasonable time and require the production of any document or other thing that is relevant, and examine or copy the document or thing; and

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      (b) require the licensee, or a business partner or employee of the licensee or any person employed by the same employer as the licensee, to provide any information that is relevant.

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    Marginal note:Dwelling-house

    (2) If the licensee’s business premises are in a dwelling-house, the Registrar may enter them only with the occupant’s consent.

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Marginal note:Privileged information

 Subject to the regulations, the powers set out in section 35 must not be exercised in respect of privileged information.

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Marginal note:Referral to Complaints Committee

 If the Registrar is of the opinion that there may be reasonable grounds to suspect that a licensee has committed professional misconduct or was incompetent, the Registrar may, subject to the regulations, initiate a complaint and refer it to the Complaints Committee for consideration.

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Marginal note:Decision of Registrar

 If the Registrar determines that a licensee has contravened a provision of this Act, of the regulations or of the by-laws, the Registrar may, in his or her decision, in the prescribed circumstances,

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    (a) suspend the licensee’s licence;

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    (b) revoke the licensee’s suspended licence; or

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    (c) take or require any other action set out in the regulations.

 
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