College of Immigration and Citizenship Consultants Regulations (SOR/2026-68)

Marginal note:Powers, duties and functions

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  12 (1) The Discipline Committee exercises the following powers and performs the following duties and functions in addition to any powers, duties and functions conferred on it under the Act or the by-laws:

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    (a) as applicable, requesting the opinion referred to in paragraph 17(1)(a) of these Regulations on the capacity to practise of a licensee referred to in a complaint referred by the Complaints Committee and taking the opinion into account in making a decision under subsection 68(1) or 69(3) of the Act;

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    (b) providing to any person who is the subject of a decision made under subsection 68(1) or 69(3) of the Act a copy of the decision; and

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    (c) if the Discipline Committee determines that an individual suffered financial loss due to a dishonest act committed by a licensee and the Committee is able to determine the amount of that financial loss,

    • (i) including in the decision made under subsection 69(3) of the Act the determination of the amount of financial loss and the reasons supporting that determination, and

    • (ii) submitting the amount of financial loss to the Compensation Fund Committee.

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  Marginal note:Membership

  (2) The Discipline Committee is composed of individuals who are selected from the public and licensees who are appointed by the Board. The individuals and licensees must be appointed to the Committee on the recommendation of employees of the College.

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  Marginal note:Clarification

  (3) The individuals from the public who are selected must

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    (a) not be employees of the College;

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    (b) have the necessary expertise and experience to participate in disciplinary proceedings; and

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    (c) be appointed as independent members of the Discipline Committee, operating at arm’s length from officers of the College.

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  Marginal note:Ineligibility

  (4) The following individuals are ineligible to be members of the Discipline Committee:

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    (a) a director; or

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    (b) a licensee who, in the five previous years, was determined to have committed professional misconduct or to have been incompetent by the Discipline Committee or by the Immigration Consultants of Canada Regulatory Council’s Discipline Committee.

Marginal note:Establishment

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  13 (1) A committee of the College is established, to be known as the Compensation Fund Committee.

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  Marginal note:Membership

  (2) The Compensation Fund Committee is composed of members who are not directors.

Marginal note:Powers, duties and functions

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  14 (1) The powers, duties and functions of the Compensation Fund Committee are the following:

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    (a) administering the compensation fund;

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    (b) processing both cases without an application in accordance with subsection 5(1) and applications submitted under subsection 5(2) and determining, as applicable, the amount of compensation to be paid; and

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    (c) paying compensation.

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  Marginal note:Jurisdiction — former licensees

  (2) For greater certainty, the Compensation Fund Committee has jurisdiction in respect of former licensees to process cases and applications under paragraph (1)(b) and determine the amount of compensation to be paid.

Marginal note:Determining compensation

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  15 (1) The Compensation Fund Committee must determine, on a case-by-case basis, the amount of compensation to be paid.

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  Marginal note:Elements to take into account

  (2) In determining the amount of compensation, the Compensation Fund Committee must take, as the case may be, the following elements into account:

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    (a) the decision by the Discipline Committee finding that the licensee committed a dishonest act;

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    (b) the amount of financial loss suffered due to the dishonest act, as determined by the Discipline Committee;

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    (c) in the absence of such an amount, any evidence provided by the individual who submitted the application for compensation under subsection 5(2);

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    (d) in the case of an application for compensation submitted under subsection 5(2), any financial loss or expense associated with the dishonest act;

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    (e) any amount or other compensation provided to the individual for whom the amount of compensation is being determined; and

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    (f) any other element related to the compensation fund set out in the by-laws.

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  Marginal note:Payment

  (3) When the amount of compensation is determined, it must be paid to the individual to whom it is owed as soon as feasible.

Marginal note:Establishment

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  16 (1) A committee of the College is established, to be known as the Capacity Evaluation Committee.

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  Marginal note:Membership

  (2) The Capacity Evaluation Committee is composed of members who are not directors.

Marginal note:Powers, duties and functions

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  17 (1) The powers, duties and functions of the Capacity Evaluation Committee are the following:

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    (a) on request by the Registrar, the Complaints Committee or the Discipline Committee, preparing an opinion on a licensee’s capacity to practise that, if applicable,

    • (i) concludes whether any of the licensee’s conduct or activities that are the subject of a complaint were caused by their incapacity to practise, and

    • (ii) recommends actions that may be taken or required by the Registrar under section 38 of the Act in response to the licensee’s incapacity to practise;

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    (b) requesting information, including personal information, from the licensee concerning their capacity to practise;

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    (c) with a licensee’s consent, consulting an expert on the licensee’s capacity to practise;

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    (d) providing the opinion

    • (i) to the Registrar, before the Registrar makes a decision under section 38 of the Act,

    • (ii) to the Complaints Committee, before that Committee decides whether to refer a complaint to the Discipline Committee under subsection 57(1) of the Act or takes any of the measures set out in paragraphs 57(2)(a) to (c) of the Act, or

    • (iii) to the Discipline Committee before that Committee makes a decision under subsection 68(1) or 69(3) of the Act; and

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    (e) if the opinion is provided to the Complaints Committee or Discipline Committee, providing to the Registrar a copy of the opinion.

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  Marginal note:Reasons for decision

  (2) In making a request for information under paragraph (1)(b), the Capacity Evaluation Committee must notify the licensee that, if the opinion concludes that any of the licensee’s conduct or activities that are the subject of the complaint were caused by the licensee’s incapacity to practise, the Complaints Committee will identify that conclusion as the reason why the complaint, or part of the complaint, is not being referred to the Discipline Committee in the reasons for the decision provided under paragraph 57(2)(a) or (b) of the Act, as the case may be.

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  Marginal note:Jurisdiction — former licensees

  (3) For greater certainty, the Capacity Evaluation Committee has jurisdiction to exercise its powers and perform its duties and functions in respect of former licensees.

Marginal note:Request for information

18 A licensee may refuse to provide information requested under paragraph 17(1)(b) by the Capacity Evaluation Committee.

Marginal note:Elements to take into account

19 In preparing an opinion referred to in paragraph 17(1)(a), the Capacity Evaluation Committee must take the following elements into account:

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  (a) any information, including personal information, concerning the licensee’s capacity to practise provided by the licensee, College, Registrar, Complaints Committee or Discipline Committee;

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  (b) any report from an expert consulted under paragraph 17(1)(c) on the licensee’s capacity to practise; and

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  (c) any other information that the Capacity Evaluation Committee considers necessary to prepare the opinion.

Marginal note:Application

20 An applicant for a licence must ensure that the information contained in their application referred to in subsection 33(1) of the Act, and any supporting documents, is true, complete and accurate.

Marginal note:Conditions and restrictions

21 A licensee must comply with any conditions and restrictions to which their licence is subject.

Marginal note:Content

22 The register of licensees referred to in subsection 31(1) of the Act must contain the following information in respect of every licensee:

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  (a) the licensee’s name and any business name or any name under which they do business;

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  (b) the contact information for any business, in Canada or outside Canada, through which the licensee provides their immigration or citizenship consulting services;

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  (c) the licensee’s identification number;

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  (d) the name of any agent of the licensee and the city, province or state and country where the agent is operating;

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  (e) the class of licence held by the licensee;

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  (f) if the licensee is providing immigration or citizenship consulting services as an employee, the name, business address and contact information of their employer;

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  (g) the status of the licensee’s licence;

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  (h) if a licensee’s licence is suspended, an indication to that effect, the date on which the licence was suspended, the reasons for the decision to suspend, the type of suspension and, if applicable, the day on which the suspension will be lifted;

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  (i) if the licensee’s licence was surrendered or revoked, an indication to that effect and the reasons for the decision to revoke, as applicable;

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  (j) any conditions and restrictions to which the licensee’s licence is subject;

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  (k) any disciplinary measures imposed on the licensee before 2018, if known, and any measures imposed on them by the Discipline Committee since then; and

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  (l) any other information required by the by-laws.

Marginal note:Access

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  23 (1) In addition to meeting the requirements set out in subsection 31(1) of the Act and subject to the by-laws, at the request of a member of the public or a licensee, the College must provide access to the register of licensees by alternative means.

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  Marginal note:Accessibility

  (2) The College must ensure that it complies, if practicable, with the Government of Canada’s standards on web accessibility.

Marginal note:Circumstances

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  24 (1) For the purposes of paragraph 32(d) of the Act, the Registrar must provide notice to the Minister in the following circumstances:

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    (a) a licensee’s licence has been reinstated;

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    (b) a licensee has died; and

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    (c) a licensee’s licence status became inactive for any other reason.

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  Marginal note:Timing

  (2) The Registrar must provide notice

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    (a) in the circumstances set out in paragraphs 32(a) and (b) of the Act, within five working days after the day on which the circumstance in question occurred;

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    (b) in the circumstances set out in paragraphs (1)(a) and (c) of this section and paragraph 32(c) of the Act, within 15 working days after the day on which the circumstance in question occurred; and

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    (c) in the circumstances set out in paragraph (1)(b) of this section, within 15 working days after the day on which the Registrar became aware of the circumstance.

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  Marginal note:Notice provided electronically

  (3) The Registrar must provide notice electronically in the circumstances set out in paragraphs (1)(a) to (c) of this section and paragraphs 32(a) to (c) of the Act.

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  Marginal note:Form and manner

  (4) The Registrar must indicate in the notice the day on which the applicable circumstance set out in any of paragraphs (1)(a) to (c) of this section or any of paragraphs 32(a) to (c) of the Act occurred or the day on which the Registrar became aware of the circumstance, as well as the following information:

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    (a) in the circumstances set out in paragraphs 32(a) and (b) of the Act, the reasons for the licence suspension or revocation, as applicable, and, in the case of a suspension,

    • (i) an indication of whether it follows a provisional decision, and

    • (ii) the duration of the suspension and whether the duration is conditional on the meeting of a condition; and

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    (b) in the circumstances set out in any of paragraphs 28(a) to (j), the circumstance in question and any requirement specified in the by-laws.