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

Act current to 2022-09-22 and last amended on 2020-12-09. Previous Versions

Disciplinary Proceedings (continued)

Marginal note:Public hearings

 Subject to the regulations, the by-laws and the rules referred to in section 59, any oral hearings of the Discipline Committee are open to the public.

Marginal note:Jurisdiction — former licensees

 For greater certainty, the Discipline Committee has jurisdiction to hear and determine a complaint in respect of a former licensee.

Marginal note:Powers of Discipline Committee

 The Discipline Committee has the power

  • (a) to summon and enforce the appearance of persons and compel them to give oral or written evidence on oath and to produce any document or other thing that the Committee considers necessary to decide the matter, in the same manner and to the same extent as a superior court of record;

  • (b) to administer oaths; and

  • (c) to accept any evidence, whether admissible in a court of law or not.

Marginal note:Privileged information

 Subject to the regulations, the Discipline Committee must not admit or accept as evidence any privileged information.

Marginal note:Powers before decision

  •  (1) Before making a decision under section 69, the Discipline Committee may decide to take any action referred to in paragraph 69(3)(a) or (b) if the Discipline Committee is satisfied that it is necessary for the protection of the public.

  • Marginal note:Action is provisional

    (2) Any action taken under subsection (1) is provisional and ceases to have effect when the decision in respect of the complaint is made under section 69, unless the action is confirmed in the decision.

Marginal note:Decision on complaint

  •  (1) After the hearing of a complaint, the Discipline Committee must determine whether the licensee has committed professional misconduct or was incompetent.

  • Marginal note:Dismissal of complaint

    (2) If the Discipline Committee determines that the licensee did not commit professional misconduct or was not incompetent, the Committee must dismiss the complaint.

  • Marginal note:Professional misconduct or incompetence

    (3) If the Discipline Committee determines that the licensee has committed professional misconduct or was incompetent, the Committee may, in its decision,

    • (a) impose conditions or restrictions on the licensee’s licence;

    • (b) suspend the licensee’s licence for not more than the prescribed period or until specified conditions are met, or both;

    • (c) revoke the licensee’s licence;

    • (d) require the licensee to pay a penalty of not more than the prescribed amount to the College; or

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

  • Marginal note:Decision and reasons in writing

    (4) The Discipline Committee must give its decision and the reasons for it in writing.

  • Marginal note:Decision and reasons available to public

    (5) Subject to the regulations, the decision and the reasons for it must be made available to the public on the College’s website and in any other manner that the College considers appropriate.

  • Marginal note:Notice to Registrar

    (6) The Discipline Committee must provide a copy of its decision to the Registrar.

  • Marginal note:Payment into compensation fund

    (7) If a decision made by the Discipline Committee under subsection (3) requires that a licensee pay a penalty to the College, the amount of the penalty is to be paid into the compensation fund referred to in section 13.

Marginal note:Compliance with decision

 Any person who is the subject of a decision made under subsection 68(1) or 69(3) must comply with it.

Judicial Review

Marginal note:Respondent — College

 If an application is made for judicial review of a decision of the College, including its committees, the College is the respondent in respect of the application.

Marginal note:Non-application of certain Acts

 For the purposes of judicial review, a decision of the College, including of its committees, is not a matter under the Citizenship Act or the Immigration and Refugee Protection Act.

Marginal note:Minister — judicial review

 If the Minister is a complainant, he or she may make an application to the Federal Court for judicial review of any decision of the College, including of its committees, relating to the complaint.

Powers of Minister

Marginal note:Powers of Minister

  •  (1) The Minister may

    • (a) review the Board’s activities and require the Board to provide the Minister with reports and information, including confidential information; and

    • (b) require the Board to do anything — including to make, amend or repeal a regulation or by-law or to submit to an audit — that, in the Minister’s opinion, is advisable to carry out the purposes of this Act.

  • Marginal note:Deemed best interests

    (2) Compliance by a director of the Board with a requirement of the Minister is deemed to be in the best interests of the College.

Marginal note:Person acting for Board

 Subject to the regulations, the Minister may appoint a person to, in the place of the Board, exercise the Board’s powers and perform its duties and functions conferred under this Act that are specified by the Minister, on the conditions and for the period specified by the Minister.

Marginal note:Observer

  •  (1) The Minister may designate as an observer at meetings of the Board any officer or employee of the department over which the Minister presides.

  • Marginal note:Confidential information

    (2) An observer is authorized to disclose confidential information to the Minister.

Prohibition and Injunction

Marginal note:Unauthorized practice

 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

 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

  •  (1) Every person who contravenes section 55 or an order made under paragraph 66(a) or who contravenes section 70 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

  •  (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

  •  (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 (e), (i) and (u) 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.

 
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