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

Act current to 2020-11-02

By-laws and Regulations (continued)

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Marginal note:Regulations — Governor in Council

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     (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

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      (a) respecting the compensation fund referred to in section 13, including the circumstances in which compensation may be paid;

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      (b) respecting the reports and information that must be provided or submitted to the Minister;

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      (c) prescribing ineligibility criteria for the purposes of section 20;

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      (d) respecting the consequences of meeting the ineligibility criteria referred to in section 20 while in office;

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      (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;

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      (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;

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      (g) establishing committees of the College;

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      (h) respecting the eligibility requirements to be appointed as Registrar and the Registrar’s remuneration;

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      (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;

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      (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;

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      (k) respecting the verifications referred to in section 35 and imposing limits on the exercise of the powers under that section;

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      (l) prescribing the circumstances in which the Registrar must initiate a complaint and refer it to the Complaints Committee for consideration;

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      (m) establishing a process for making decisions under section 38 and prescribing the circumstances in which the process is to be followed;

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      (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;

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      (o) limiting the powers, duties and functions that may be delegated by the Registrar and the persons to whom they may be delegated;

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      (p) respecting the examination and copying of a thing under section 51 and the removal of the thing for examination or copying;

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      (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;

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      (r) prescribing the circumstances in which the Complaints Committee must refer a complaint, in whole or in part, to the Discipline Committee;

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      (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;

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      (t) prescribing the circumstances in which the actions referred to in paragraph (s) may be taken or required;

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      (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;

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      (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;

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      (w) respecting the collection, retention, use, disclosure and disposal of personal information for the purposes of this Act; and

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      (x) prescribing anything that, by this Act, is to be or may be prescribed.

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    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.

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    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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Marginal note:Regulations prevail

 The regulations prevail over the by-laws to the extent of any inconsistency or conflict between them.

Transitional Provisions

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Marginal note:Definitions

 The following definitions apply in sections 84 to 87.

Council

Council means the Immigration Consultants of Canada Regulatory Council incorporated under Part II of the Canada Corporations Act on February 18, 2011. (Conseil)

date of continuance

date of continuance means the date specified in an order made under subsection 84(2). (date de prorogation)

date of transition

date of transition means the day on which subsections 293(1) and 296(1) of the Budget Implementation Act, 2019, No. 1 come into force. (date de transition)

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Marginal note:Application for continuance

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     (1) The Council may, if it is authorized to do so by its members in accordance with subsections 213(3) to (5) of the Canada Not-for-profit Corporations Act, apply to the Minister to be continued under this Act.

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    Marginal note:Approval of application

    (2) Unless an order has been made under section 86, after receiving an application made under subsection (1), the Minister must, by order, approve the continuance and specify a date of continuance.

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    Marginal note:Copy of order

    (3) If the Minister makes an order under subsection (2), he or she must provide the Director appointed under section 281 of the Canada Not-for-profit Corporations Act with a copy of it.

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    Marginal note:Canada Not-for-profit Corporations Act

    (4) An order made under subsection (2) is, for the purpose of subsection 213(7) of the Canada Not-for-profit Corporations Act, deemed to be a notice that the corporation has been continued, and that subsection 213(7) is to be applied in respect of the Council without regard to the words “if the Director is of the opinion that the corporation has been continued in accordance with this section”.

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    Marginal note:Non-application of certain subsections

    (5) For the purposes of this Act, subsections 213(1), (2), (6) and (10) of the Canada Not-for-profit Corporations Act do not apply.

 
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