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

Act current to 2020-11-17

Investigations (continued)

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Marginal note:Use of force

 In executing a warrant to enter a dwelling-house, an investigator may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

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Marginal note:Privileged information

 Subject to the regulations, the powers set out in section 51 must not be exercised in respect of privileged information.

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Marginal note:Obstruction and false statements

 It is prohibited to obstruct or hinder, or make a false or misleading statement either orally or in writing, to an investigator who is performing their functions.

Immunity

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Marginal note:Immunity — civil liability

 A person who exercises powers or performs duties or functions under any of sections 35 and 51 to 53 does not incur civil liability in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions.

Decision of Complaints Committee

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Marginal note:Referral to Discipline Committee

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     (1) The Complaints Committee may, subject to the regulations, refer a complaint, in whole or in part, to the Discipline Committee.

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    Marginal note:Measures if not referred to Discipline Committee

    (2) If the Complaints Committee does not refer the complaint, in whole or in part, to the Discipline Committee, the Complaints Committee must

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      (a) notify the complainant, if any, and the licensee that the complaint was not referred, and provide them with the reasons for the decision;

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      (b) require the licensee to appear before the Complaints Committee to be cautioned, notify the complainant, if any, of the decision and provide the licensee and the complainant with the reasons for the decision; or

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      (c) refer the complaint to a process of dispute resolution, on any conditions specified by the Complaints Committee, if the complainant and the licensee consent.

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    Marginal note:If dispute resolution not successful

    (3) If the complaint is referred to a process of dispute resolution and, at the conclusion of the process, the matter is not resolved to the satisfaction of the Complaints Committee, that Committee continues to be seized of the matter.

Disciplinary Proceedings

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Marginal note:Complaints referred by Complaints Committee

 The Discipline Committee must hear and determine all complaints referred to it by the Complaints Committee.

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Marginal note:Rules of procedure

 The Discipline Committee may make rules respecting the practice and procedure before it, including rules governing panels, and rules for carrying out its work and for the management of its internal affairs.

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Marginal note:Panel of Discipline Committee

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     (1) Any panel of the Discipline Committee established in accordance with the rules referred to in section 59 has all of the powers, and must perform all of the duties and functions, of the Discipline Committee.

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    Marginal note:Decision of panel

    (2) A decision of a panel is a decision of the Discipline Committee.

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Marginal note:Parties

 The Complaints Committee and the licensee are parties to the proceeding.

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Marginal note:Right of parties to make submissions

 The parties to the proceeding are entitled to make oral and written submissions to the Discipline Committee.

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Marginal note:Submissions — other persons

 The Discipline Committee may provide an opportunity for any other person to make oral and written submissions to it.

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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.

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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.

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Marginal note:Powers of Discipline Committee

 The Discipline Committee has the power

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    (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;

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    (b) to administer oaths; and

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

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Marginal note:Privileged information

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

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Marginal note:Powers before decision

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     (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.

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    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.

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Marginal note:Decision on complaint

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

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    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.

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    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,

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

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

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      (c) revoke the licensee’s licence;

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

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

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    Marginal note:Decision and reasons in writing

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

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    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.

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    Marginal note:Notice to Registrar

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

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    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.

 
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