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

Act current to 2020-11-02

Organization (continued)

Registrar (continued)

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Marginal note:Compliance with decision

 A licensee who is the subject of a decision made under section 38 must comply with it.

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Marginal note:Notice to licensees — revocation or suspension

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     (1) The Registrar must notify all licensees of every decision made under subsection 69(3) to revoke or suspend a licence.

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    Marginal note:Notice to licensees — dismissal of complaint

    (2) The Registrar must, if requested by the licensee who was the subject of a complaint that was dismissed by the Discipline Committee, notify all licensees of the dismissal.

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Marginal note:Delegation

 Subject to the regulations, the Registrar may delegate any of the powers, duties and functions conferred on the Registrar under this Act.

Licensees

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Marginal note:Professional liability insurance

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     (1) Subject to subsection (2), a licensee must be insured against professional liability.

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    Marginal note:Exemption

    (2) A licensee may be exempted by the by-laws from the application of subsection (1).

Professional Conduct

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Marginal note:Code of professional conduct

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     (1) The Minister must, by regulation, establish a code of professional conduct for licensees.

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    Marginal note:Amendment or repeal

    (2) Only the Board may, by regulation and with the Minister’s prior written approval, amend or repeal the regulations establishing the code.

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Marginal note:Standards of professional conduct and competence

 A licensee must meet the standards of professional conduct and competence that are established by the code of professional conduct. A licensee who fails to meet those standards commits professional misconduct or is incompetent.

Complaints

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Marginal note:Complaint to the College

 Any person may, in accordance with the by-laws, make a complaint to the College in respect of a licensee or former licensee.

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Marginal note:Referral to Complaints Committee

 The College may refer a complaint to the Complaints Committee if, in the College’s opinion, the complaint relates to professional misconduct by, or the incompetence of, a licensee.

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Marginal note:Referral to another body

 The College may, in the prescribed circumstances, refer a complaint to another body that has a statutory duty to regulate a profession.

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Marginal note:Consideration and investigation of complaints

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     (1) The Complaints Committee must consider all complaints referred to it by the College or the Registrar and may, if the Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, conduct an investigation into the licensee’s conduct and activities.

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    Marginal note:Consideration and investigation on Committee’s initiative

    (2) If the Complaints Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, it must initiate a complaint and consider it, and may conduct an investigation into the licensee’s conduct and activities.

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Marginal note:Jurisdiction — former licensees

 For greater certainty, the Complaints Committee has jurisdiction to consider a complaint and conduct an investigation in respect of a former licensee.

Investigations

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Marginal note:Investigator

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     (1) The Complaints Committee may designate an individual as an investigator to conduct an investigation under the Committee’s direction.

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    Marginal note:Revocation

    (2) The Complaints Committee may revoke the designation.

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Marginal note:Power to require information and documents

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     (1) An investigator may, for the purpose of investigating a licensee’s conduct and activities, require any person

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      (a) to provide any information that, in the investigator’s opinion, the person may be able to provide in relation to the matter being investigated; and

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      (b) to produce, for examination or copying by the investigator, any document or other thing that, in the investigator’s opinion, relates to the matter being investigated and that may be in the possession or under the control of that person.

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    Marginal note:Authority to enter

    (2) Subject to subsection 52(1), an investigator may, for that purpose, enter a place in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or any document or other thing relevant to the investigation is located.

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    Marginal note:Other powers

    (3) The investigator may, for that purpose,

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      (a) examine anything in the place;

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      (b) remove the thing for examination or copying;

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      (c) use any copying equipment in the place, or cause it to be used;

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      (d) open or order any person to open any container or package found in the place;

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      (e) use any means of communication in the place, or cause it to be used;

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      (f) use any computer system or other device in the place, or cause it to be used, to examine data contained in or available to it;

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      (g) prepare a document, or cause one to be prepared, based on the data; and

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      (h) take photographs or make recordings or make a copy of anything in the place.

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    Marginal note:Duty to assist

    (4) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the investigator to perform their functions under subsections (2) and (3) and must provide any documents or information, and access to any data, that are reasonably required for that purpose.

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Marginal note:Warrant to enter dwelling-house

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     (1) If the place is a dwelling-house, the investigator may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

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    Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing the investigator to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

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      (a) the dwelling-house is a place referred to in subsection 51(2);

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      (b) entry to the dwelling-house is necessary for the purposes of the investigation; and

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      (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

 
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