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

Marginal note:By-laws

• 80 (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.