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

Marginal note:Selection for verification

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  25 (1) The Registrar may exercise their powers of verification under section 35 of the Act in respect of

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    (a) a quality assurance program of the College; or

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    (b) a random verification.

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  Marginal note:Notice

  (2) Subject to subsection 35(2) of the Act, if the Registrar conducts a random verification, they must provide reasonable notice to the licensee in question of the verification of their business premises.

Marginal note:Dishonest act

• The following provision is not in force.

  26 (1) For the purposes of section 37 of the Act, the circumstance in which the Registrar must initiate a complaint and refer it to the Complaints Committee for consideration is that the Registrar is of the opinion that there are reasonable grounds to suspect that an individual has suffered financial loss due to a dishonest act committed by a licensee.

• The following provision is not in force.

  Marginal note:Request for opinion

  (2) Before deciding whether to initiate a complaint under section 37 of the Act, the Registrar may request an opinion referred to in paragraph 17(1)(a) of these Regulations on the licensee’s capacity to practise.

• The following provision is not in force.

  Marginal note:Non-application

  (3) If the opinion concludes that the dishonest act was caused by the licensee’s incapacity to practise, subsection (1) does not apply.

Marginal note:Request for opinion

• The following provision is not in force.

  27 (1) Before making a decision under section 38 of the Act, the Registrar may request an opinion referred to in paragraph 17(1)(a) of these Regulations on the licensee’s capacity to practise. If the Registrar requests such an opinion, they must take it into account in making their decision.

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  Marginal note:Decision and reasons in writing

  (2) The Registrar must give their decision and the reasons for it in writing and provide a copy of the decision and reasons to any person who is referred to in the decision.

Marginal note:Circumstances

28 For the purposes of section 38 of the Act, the circumstances in which the Registrar may take or require the actions referred to in that section are the following:

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  (a) the licensee contravened section 20;

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  (b) the licensee contravened the requirement respecting professional liability insurance set out in subsection 42(1) of the Act or in the by-laws;

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  (c) subject to section 26 of these Regulations, the licensee contravened section 44 of the Act by not meeting the standards of professional conduct and competence established by the Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees;

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  (d) the licensee contravened the requirements respecting the maintenance of competencies and continuing professional development set out in the by-laws;

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  (e) the licensee contravened section 55 of the Act;

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  (f) the licensee contravened section 35;

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  (g) the licensee contravened section 36;

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  (h) the licensee contravened section 70 of the Act;

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  (i) the licensee contravened the requirements to provide to the College, in accordance with the by-laws, any information or document required by those by-laws; and

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  (j) the licensee contravened section 21.

Marginal note:Actions that may be taken or required

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  29 (1) The Registrar may take or require any of the following actions under paragraph 38(c) of the Act:

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

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    (b) issue a caution to the licensee and register it on the licensee’s file;

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    (c) issue a reprimand to the licensee;

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    (d) order the licensee to comply with certain requirements set out in the Act, in these Regulations or in the by-laws;

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    (e) require the licensee to take and successfully complete specified continuing professional development courses or any other specified course related to the nature of the contravention;

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    (f) require the licensee to participate in a mentoring program or be counselled by a professional with expertise in matters related to the nature of the contravention;

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    (g) require the licensee to pay a monetary penalty to the College in accordance with the schedule of penalties set out in the by-laws;

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    (h) take or require any other action set out in the by-laws;

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    (i) if the licensee fails to comply with an action set out in any of paragraphs (a) and (d) to (h), take or require any actions set out in any of paragraphs (a) to (h), take one of the actions set out in paragraph 38(a) or (b) of the Act or take or require any combination of those actions.

• The following provision is not in force.

  Marginal note:Duration

  (2) The Registrar must not register a caution issued under paragraph (1)(b) on the licensee’s file for more than two years.

Marginal note:Delegation

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  30 (1) For the purposes of section 41 of the Act, the Registrar may delegate their powers, duties and functions only to employees of the College who

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    (a) are designated to act in place of the Registrar for a temporary period, as approved by the Board; and

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    (b) satisfy any other conditions specified in the by-laws.

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  Marginal note:Capacity Evaluation Committee members

  (2) However, the Registrar may delegate to the members of the Capacity Evaluation Committee the power to suspend a licensee’s licence under paragraph 38(a) of the Act and the power under paragraph 38(c) of the Act to take or require the action set out in paragraph 29(1)(a) of these Regulations.

• The following provision is not in force.

  Marginal note:Power referred to in subsection (2)

  (3) If the Registrar delegates a power referred to in subsection (2) to the members of the Capacity Evaluation Committee, the members may exercise that power in respect of a licensee only if an opinion referred to in paragraph 17(1)(a) concludes that the licensee is incapable of practising.

Marginal note:Referral to another body

31 For the purposes of section 47 of the Act, the circumstances in which the College may refer a complaint in respect of a licensee or former licensee to another body that has a statutory duty to regulate a profession are that the College receives a complaint regarding the conduct of

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  (a) a lawyer who is a member of a law society of a province or a notary who is a member of the Chambre des notaires du Québec;

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  (b) any other member of a law society of a province, including a paralegal;

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  (c) a student-at-law who is acting under the supervision of an individual referred to in paragraph (a); or

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  (d) a member of a body that has a statutory duty to regulate a profession, other than a law society of a province or the Chambre des notaires du Québec.

Marginal note:Removal of thing

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  32 (1) If an investigator removes a thing for examination or copying under paragraph 51(3)(b) of the Act, they must provide the person from whom it was obtained with a receipt describing the thing.

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  Marginal note:Examination, copying and return

  (2) The examination or copying of the thing must be completed as soon as feasible and, once the examination or copying is completed, the thing must be returned as soon as feasible to the person from whom it was obtained.

• The following provision is not in force.

  Marginal note:Return to owner

  (3) However, if the investigation relates to subsection 14(1) of the Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees, the thing must be returned to its owner. The investigator must provide written notice of that return to the person from whom the thing was obtained.

• The following provision is not in force.

  Marginal note:Conservation of thing

  (4) The thing must be kept in a safe place for the period during which it is examined or copied.

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  Marginal note:Deemed original

  (5) Any copy of a document or thing that is certified by an investigator is deemed to be the original of that document or thing.

Marginal note:Request for return

• The following provision is not in force.

  33 (1) At any time, the person from whom a thing was obtained, or the owner of the thing, may make a written request to the College for it to be returned as soon as feasible.

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  Marginal note:Examination or copying

  (2) In response to such a request, the investigator must examine or copy the thing and return it, as soon as feasible, to the person from whom it was obtained or, in the case referred to in subsection 32(3), to the owner.

Marginal note:Referral to Discipline Committee

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  34 (1) For the purposes of subsection 57(1) of the Act and subject to subsection 11(2) of these Regulations, the circumstances in which the Complaints Committee must refer a complaint, in whole or in part, to the Discipline Committee are the following:

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    (a) the complaint is not frivolous and involves financial loss suffered by an individual due to a dishonest act committed by a licensee; and

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    (b) any other circumstance set out in the by-laws.

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  Marginal note:Revoked licence

  (2) However, the Complaints Committee is not required to refer a complaint to the Discipline Committee if, at the time the Complaints Committee is considering the complaint under subsection 48(1) of the Act, the licensee referred to in that complaint has had their licence revoked as a result of a dishonest act similar to the one that is the subject of that complaint.

Marginal note:Caution

35 If the Complaints Committee requires a licensee to appear before it to be cautioned under paragraph 57(2)(b) of the Act, the licensee must appear.

Marginal note:Dispute resolution process

36 If a complaint is referred to a process of dispute resolution under paragraph 57(2)(c) of the Act and the matter is resolved to the satisfaction of the Complaints Committee, the licensee must comply with the resolution of the dispute.

Marginal note:Public hearings

37 In the context of public hearings referred to in section 64 of the Act, the Discipline Committee must take all reasonable precautions to protect

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  (a) the welfare of vulnerable individuals;

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  (b) the safety of any individual; and

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  (c) subject to the conduct of hearings in the public interest, the privacy of any individual.

Marginal note:Professional misconduct or incompetence — actions

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  38 (1) In addition to the actions set out in subsection 69(3) of the Act, the Discipline Committee may take or require one or more of the following actions under that subsection:

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    (a) if an opinion referred to in paragraph 17(1)(a) 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, dismiss any part of the complaint that relates to that conduct or those activities;

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    (b) in all other circumstances,

    • (i) require the licensee to reimburse all or a portion of the costs incurred by the College during the proceeding before the Committee,

    • (ii) require the licensee to reimburse all or a portion of the costs incurred by any person designated by the Committee during the proceeding before it,

    • (iii) require the licensee to reimburse all or a portion of the fees and disbursements paid to the licensee by an individual, except in the case of a licensee who committed a dishonest act as a result of which an individual suffered financial loss,

    • (iv) require the licensee to pay to the College a monetary penalty of not more than $30,000 or, in the case of a licensee who committed a dishonest act as a result of which an individual suffered financial loss, an amount equal to the fees and disbursements paid to the licensee by that individual, in the form of a monetary penalty,

    • (v) prohibit the licensee from withdrawing, directly or indirectly, any funds held by the licensee related to their activities as a licensee or funds held in trust,

    • (vi) require the licensee to take and successfully complete specified continuing professional development courses, or

    • (vii) take any other action that is necessary in the circumstances for the public interest and to protect the public.

• The following provision is not in force.

  Marginal note:Suspension period

  (2) The period during which a licensee’s licence may be suspended under paragraph 69(3)(b) of the Act is not more than two years.

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  Marginal note:Maximum amount — penalty

  (3) The amount that may be required as a penalty under paragraph 69(3)(d) of the Act is not more than $50,000.