Bill C-35, An Act to Amend the Immigration and Refugee Protection Act (formerly called the Cracking Down on Crooked Consultants Act) received Royal Assent on March 23, 2011 and is coming into force on June 30, 2011.
At its core, the Act amends the Immigration and Refugee Protection Act (IRPA), making it an offence for anyone other than an authorized representative to conduct business, for a fee or other consideration, at any stage of an application or proceeding. This includes the period before a proceeding begins or an application is submitted and means that anyone who provides paid immigration advice at the pre-application stage will need to be an authorized representative, as identified in section 91 of the Act.
Unpaid third parties, such as family members and friends, can still act on behalf of an applicant.
The Act also:
- Includes the creation of a specific offence and doubles penalties from $50,000 to $100,000 and/or imprisonment for up to two years upon conviction by indictment; and from $10,000 to $20,000 and/or imprisonment for up to six months on summary conviction;
- Provides the Minister with the power, by regulation, to designate or revoke the designation of a body responsible for governing immigration consultants and to provide for transitional measures with respect to such a designation, or revocation of a designation;
- Authorizes the Governor in Council to make regulations requiring the designated body to provide the Minister with information regarding its activities. This information would be used to assist the Minister in evaluating: the effectiveness of the body in ensuring the integrity of the immigration program; whether the designated body is regulating its members in the public interest; and whether its members are providing their services in a professional and ethical manner; and
- Includes a provision allowing the disclosure of information relating to the professional or ethical conduct of individuals to those responsible for governing or investigating that conduct.
While the Act will be in force as of June 30, 2011, regulations regarding information gathering and disclosure will be enacted at a later date.
Legislation cracking down on crooked immigration consultants will come into force on June 30, 2011, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today.
A newly created Immigration Consultants of Canada Regulatory Council (ICCRC) was also announced at the media conference in Mississauga. “The Government of Canada has promised to crack down on crooked immigration consultants and their shady practices, and with Bill C-35, we now have the tools,” Minister Kenney said.
“Bill C-35 strengthens the rules governing those who charge their clients for immigration advice or representation, making it an offence for anyone other than an accredited immigration representative to conduct business, for a fee or other consideration, at any stage of an application or proceeding,” according to a press release. “It also increases penalties and fines for unauthorized representation and allows for more government oversight in order to improve the way in which immigration consultants are regulated.”
The federal ministry has also released a public service video to warn prospective immigrants and their relatives of fraudulent consultants in Cantonese, Mandarin, Punjabi, Tagalog and Urdu aside from English and French.
With the designation of the ICCRC as the regulator of immigration consultants, those consultants who are currently members in good standing of the Canadian Society of Immigration Consultants (CSIC) can begin to register with the ICCRC on June 30, 2011.
Immigration representatives must be either members in good standing of a provincial or territorial law society, including paralegals; members of the Chambre des notaires du Québec; or members of the governing body for immigration consultants.
A 120-day transitional period will be put in place to ensure a smooth transition and continuity of service for both CSIC members currently in good standing and their clients during the transition to the ICCRC. The transition period will end on October 28, 2011.
After a notice was published on March 19, 2011, in the Canada Gazette, Part I, proposing the ICCRC be designated the regulator of immigration consultants, over 70 percent of the public comments received during the 30-day consultation period supported the proposal to establish a new regulator of immigration consultants.
“The ICCRC has committed to accountability, transparency and good governance and has pledged to work to protect the interests of consumers.” added Minister Kenney.
Key elements of Bill C-35
Changes to the Immigration and Refugee Protection Act (IRPA) require that all representatives used at any stage of an immigration application or proceeding be members in good standing of a provincial bar, the Chambre des notaires du Québec, or the governing body for immigration consultants, as designated by the Minister.
This makes it illegal for anyone to operate in Canada as an unauthorized representative at any stage of an immigration application or proceeding. This includes the period before a proceeding begins or an application is submitted and means that anyone who used to provide paid advice at the pre-application stage will need to be an authorized representative, as identified in section 91 of the Act.
The Minister of Citizenship, Immigration and Multiculturalism has been granted the authority to designate a body to govern immigration consultants. By virtue of his new authority under the Act, the Minister is enacting regulations designating the Immigration Consultants of Canada Regulatory Council (ICCRC) as the regulator of immigration consultants.
To enhance the Government’s oversight of the ICCRC, it will be required to provide information for the purpose of ensuring it governs its members in the public interest.
The Act also includes a provision allowing CIC, the Canada Border Services Agency and the Immigration and Refugee Board to disclose information relating to the professional or ethical conduct of individuals to those responsible for governing or investigating that conduct.
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