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

Marginal note:Personal information

39 If the Discipline Committee dismisses a complaint, or part of a complaint, under paragraph 38(1)(a) of these Regulations, the Committee, in giving its decision and the reasons for it under subsection 69(4) of the Act, must not disclose, absent the licensee’s consent, the licensee’s personal information other than their name and a statement that the complaint, or part of the complaint, is being dismissed because the licensee’s conduct or activities that are the subject of the complaint, or part of the complaint, were caused by the licensee’s incapacity to practise.

Marginal note:Redactions

40 For the purposes of subsection 69(5) of the Act, the College must ensure that the name of a person other than the licensee and any other information that could lead to that person’s identification is not included in any decision and reasons of the Discipline Committee made available on the College’s website or in any other communication regarding the decision.

Marginal note:Circumstances for obtaining and using privileged information

41 The circumstances in which the Registrar, an investigator, the Complaints Committee or the Discipline Committee may obtain and use privileged information are the following:

• The following provision is not in force.

  (a) the individual to whom the information relates consents to its being obtained and used;

• The following provision is not in force.

  (b) the information is already public;

• The following provision is not in force.

  (c) the information is being obtained and used to allow the exercise of powers and the performance of duties and functions of the Registrar, investigator, Complaints Committee or Discipline Committee conferred under the Act, these Regulations or the by-laws;

• The following provision is not in force.

  (d) the information is being obtained and used within the context of a proceeding under the Act; and

• The following provision is not in force.

  (e) there are reasonable grounds to believe that there is a significant risk of harm being caused to an individual and that obtaining and using the information is likely to reduce the risk.

Marginal note:Order

42 For the purposes of subsection 73.1(1) of the Act, the reasons for which the College may apply to any court of competent jurisdiction for an order are the following:

• The following provision is not in force.

  (a) the licensee’s licence has been suspended or revoked;

• The following provision is not in force.

  (b) the licensee has died or is missing;

• The following provision is not in force.

  (c) the licensee is an incapable adult on behalf of whom a person is legally authorized to act, including a tutor, a mandatary under a protection mandate or any other person who is appointed to act in a similar capacity;

• The following provision is not in force.

  (d) the licensee has neglected or abandoned their practice;

• The following provision is not in force.

  (e) there are reasonable grounds to believe that the licensee has or may have dealt improperly with property that is or should be in their possession or control, or any other property; and

• The following provision is not in force.

  (f) there is any other reason justifying the College’s application to any court of competent jurisdiction under subsection 73.1(1) of the Act for an order to carry out its purpose.

Marginal note:Authorization to make by-laws

43 Subject to the Act and these Regulations, the College is authorized to make by-laws

• The following provision is not in force.

  (a) 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, including the management of such conflicts of interest;

• The following provision is not in force.

  (b) respecting the Complaints Committee, Discipline Committee and any other committee of the College, including the powers, duties and functions of those committees, the eligibility requirements for membership in them and the remuneration, terms and removal of members;

• The following provision is not in force.

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

• The following provision is not in force.

  (d) respecting the contents of the register of licensees and the manner in which the register is to be made available to the public;

• The following provision is not in force.

  (e) respecting the actions that may be taken or required by the Registrar under section 38 of the Act, which may include the requirement to pay a monetary penalty, and specifying the amount or maximum amount of such a penalty by establishing a schedule that meets the following criteria:

  • (i) the monetary penalties under section 38 of the Act are lower than the amount set out in subsection 38(3) of these Regulations,

  • (ii) the penalty scale is graduated based on repeated failures to comply with the same requirement, and

  • (iii) the penalty amounts increase based on the severity of the failure to comply with a requirement;

• The following provision is not in force.

  (f) limiting the individuals to whom the powers, duties and functions conferred on the Registrar may be delegated;

• The following provision is not in force.

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

• The following provision is not in force.

  (h) prescribing a percentage higher than that set out in paragraph 10(b).

Marginal note:Circumstances surrounding appointment

• The following provision is not in force.

  44 (1) For the purposes of section 75 of the Act, the circumstance in which the Minister may appoint a person is that the Minister determines that the purposes of the Act are not being carried out, including when the Board is unable or unwilling to exercise its powers and perform its duties and functions.

• The following provision is not in force.

  Marginal note:Notice

  (2) The Minister must, in writing and without delay, notify the Board of the appointment and the reasons for it.

• The following provision is not in force.

  Marginal note:Effective date

  (3) The appointment takes effect when the powers, duties, functions and conditions specified by the Minister under subsection 45(1) are made available to the public and provided to the Board.

Marginal note:Powers, duties, functions and conditions

• The following provision is not in force.

  45 (1) Before making the appointment, the Minister must

  • The following provision is not in force.

    (a) specify the powers, duties and functions to be conferred;

  • The following provision is not in force.

    (b) set out the objectives and the timeline for meeting them;

  • The following provision is not in force.

    (c) specify the professional qualifications and experience and any other eligibility requirements that the Minister considers necessary to exercise the powers and perform the duties and functions conferred; and

  • The following provision is not in force.

    (d) set the period of the appointment.

• The following provision is not in force.

  Marginal note:Additional condition

  (2) In addition to satisfying the conditions specified under paragraph (1)(c), the person appointed must not be an ineligible individual under subsection 9(1) of these Regulations or section 20 of the Act.

• The following provision is not in force.

  Marginal note:Period

  (3) The appointment is for a period of not more than one year.

• The following provision is not in force.

  Marginal note:Reports and information

  (4) During the period of the appointment, the College must provide, at the Minister’s request, any report and information regarding its activities.

• The following provision is not in force.

  Marginal note:Reappointment or new appointment

  (5) If, at the end of the period of the appointment, the Minister determines that the objectives that they set out have not been met or that new objectives are to be met, they may reappoint the person, or appoint a new person, in accordance with this section.

Marginal note:Disclosure — capacity to practise

46 The College, Registrar, Complaints Committee and Discipline Committee may disclose personal information related to a licensee’s capacity to practise to the Capacity Evaluation Committee.

Marginal note:Clarification

47 For greater certainty, the Capacity Evaluation Committee may disclose personal information related to a licensee’s capacity to practise in providing an opinion referred to in paragraph 17(1)(a) to the Registrar, Complaints Committee or Discipline Committee.

Marginal note:Disclosure — violations and offences

• The following provision is not in force.

  48 (1) If, in representing or advising persons in immigration or citizenship matters, an individual is suspected of having committed any violation or offence, as the case may be, under the Immigration and Refugee Protection Act, the Citizenship Act, the Emergencies Act or the Quarantine Act or under any regulations made under those Acts, the College may disclose personal information relevant to that violation or offence to the authorities responsible for the administration or enforcement of the Act or regulations in question.

• The following provision is not in force.

  Marginal note:Professional misconduct or unauthorized practice

  (2) The College may disclose personal information related to potential professional misconduct or potential unauthorized practice by an individual who represents or advises persons in immigration or citizenship matters

  • The following provision is not in force.

    (a) to any body that has a statutory duty to regulate a profession, if the information disclosed is relevant to that body;

  • The following provision is not in force.

    (b) to any province; or

  • The following provision is not in force.

    (c) to any foreign institution with powers, duties and functions similar to those of the College or to any foreign state with which the College has entered into an agreement or arrangement under subsection 73.5(1) of the Act.

• The following provision is not in force.

  Marginal note:Only necessary information

  (3) The College may disclose personal information in respect of any individual involved, directly or indirectly, in a violation or offence referred to in subsection (1) or the professional misconduct or unauthorized practice referred to in subsection (2) only if that information is necessary for the application of subsection (1) or (2), as the case may be.

Marginal note:Risk of harm

49 The College may disclose any personal information if there are reasonable grounds to believe that there is a significant risk of harm being caused to an individual if the disclosure is not made and that making the disclosure is likely to reduce the risk.

Marginal note:Information sharing with foreign entity

50 If the College exchanges personal information with a foreign entity, it must ensure that

• The following provision is not in force.

  (a) the exchange of information would not result in a substantial risk of mistreatment of an individual by a foreign entity, unless the risk can be fully mitigated; and

• The following provision is not in force.

  (b) any information that was likely obtained through the mistreatment of an individual by a foreign entity is not used

  • (i) in any way that creates a substantial risk of further mistreatment,

  • (ii) as evidence in any judicial, administrative or other proceeding, or

  • (iii) in any way that deprives anyone of their rights or freedoms.

Marginal note:Available to public

51 Any agreement or arrangement entered into under subsection 73.5(1) of the Act must be made available to the public on the College’s website.

52 [Amendments]

53 [Amendments]

54 [Amendments]

55 [Amendments]

56 [Amendments]