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

Marginal note:Compliance with decision

70 Any person who is the subject of a decision made under subsection 68(1) or 69(3) must comply with it.

Marginal note:Filing decision in Federal Court

• 70.1 (1) The College may file in the Federal Court a certified copy of a decision made under subsection 69(3).

• Marginal note:Effect of filing

  (2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court.

Judicial Review

Marginal note:Respondent — College

• 71 (1) If an application is made for judicial review of a decision of the College, including its committees, the College is the respondent in respect of the application.

• Marginal note:Respondent — committee

  (2) However, if the College makes an application for judicial review of a decision of its committees, the committee is the respondent.

Marginal note:Non-application of certain Acts

72 For the purposes of judicial review, a decision of the College, including of its committees, is not a matter under the Citizenship Act or the Immigration and Refugee Protection Act.

Marginal note:Minister — judicial review

73 If the Minister is a complainant, he or she may make an application to the Federal Court for judicial review of any decision of the College, including of its committees, relating to the complaint.

Powers of College

Administration of Licensee’s Property

Marginal note:Order

• 73.1 (1) If a licensee is not able to perform their activities as an immigration and citizenship consultant for any prescribed reason, the College may, in order to carry out its purpose, including to ensure the continuation of services to a licensee’s client, apply, without notice, to a court of competent jurisdiction, including the Federal Court, for an order authorizing the College or a person appointed by the court to administer any property in relation to those activities that is or should be in the licensee’s possession or under their control.

• Marginal note:Content of order

  (2) If the court concludes that it is necessary to ensure the continuation of services to the licensee’s clients or to otherwise permit the College to carry out its purpose, it may, for the purposes of subsection (1),

  • (a) authorize the College or person appointed by the court to

    • (i) enter a place, including a vehicle, in which the College or person has reasonable grounds to believe property referred to in subsection (1) is located,

    • (ii) examine anything in the place,

    • (iii) open or order any person to open any container or package found in the place,

    • (iv) require the owner or person in charge of the place and any person in the place to give all assistance that is reasonably required to enable the College or person appointed by the court to execute the order and to provide any property referred to in subsection (1) or any information, and access to any data, that are reasonably required for that purpose, and

    • (v) seize any document or other thing related to a client’s files and transfer it to the client or a licensee or person referred to in paragraph 21.1(2)(a) or (b) or subsection 21.1(3) or (4) of the Citizenship Act or paragraph 91(2)(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act;

  • (b) order that any property referred to in subsection (1) is not to be dealt with by any person without leave of the court or is to be held in trust by the College or person appointed by the court;

  • (c) require the licensee to account to the College or person appointed by the court for any property referred to in subsection (1);

  • (d) provide for the compensation of the College or person appointed by the court for administering the licensee’s property and the reimbursement of any expenses the College or person incurs in doing so; and

  • (e) provide for any other matter that it considers appropriate in the circumstances, including imposing conditions on the manner in which the College or person appointed by the court is to execute the order.

• Marginal note:Additional authority

  (3) The court may also authorize the College or person appointed by the court to seize and detain any property referred to in subsection (1) found in the place and transfer it to any person for the purpose of carrying on the licensee’s business operations or winding up their practice.

• Marginal note:Former licensee

  (4) For greater certainty, the College has jurisdiction to apply for an order referred to in subsection (1) in respect of a former licensee.

Marginal note:Limitation or prescription

73.2 The College is not permitted to make an application under subsection 73.1(1) after the sixth anniversary of the day on which a licensee ceases to be a licensee.

Marginal note:Application

73.3 Sections 52 and 53 apply in respect of an order issued under subsection 73.1(1) with any adaptations that may be necessary.

Marginal note:Obstruction and false statements

73.4 It is prohibited to obstruct or hinder, or make a false or misleading statement either orally or in writing, to the College or person appointed by the Court when the College or person is executing an order issued under subsection 73.1(1).

Information-sharing Agreement or Arrangement

Marginal note:Information sharing

• 73.5 (1) The College may enter into an agreement or arrangement with any entity, including a government institution, as defined in section 3 of the Access to Information Act, or an institution of a government of a province or foreign state, for the sharing of information for the purpose of assisting in the administration and enforcement of this Act, or any other Act of Parliament or of a province or any other law, as it relates to immigration and citizenship consultants.

• Marginal note:Limitation

  (2) An agreement or arrangement entered into under subsection (1) is subject to the by-laws and regulations made under this Act.

Powers of Minister

Marginal note:Powers of Minister

• 74 (1) The Minister may

  • (a) review the Board’s activities and require the Board to provide the Minister with reports and information, including confidential information; and

  • (b) require the Board to do anything — including to make, amend or repeal a regulation or by-law or to submit to an audit — that, in the Minister’s opinion, is advisable to carry out the purposes of this Act.

• Marginal note:Deemed best interests

  (2) Compliance by a director of the Board with a requirement of the Minister is deemed to be in the best interests of the College.

Marginal note:Person acting for Board

75 Subject to the regulations, the Minister may appoint a person to, in the place of the Board, exercise the Board’s powers and perform its duties and functions conferred under this Act that are specified by the Minister, on the conditions and for the period specified by the Minister.

Marginal note:Observer

• 76 (1) The Minister may designate as an observer at meetings of the Board any officer or employee of the department over which the Minister presides.

• Marginal note:Confidential information

  (2) An observer is authorized to disclose confidential information to the Minister.

Prohibition and Injunction

Marginal note:Unauthorized practice

77 A person, other than a licensee, must not

• (a) use the title “immigration consultant,” “citizenship consultant,” “international student immigration advisor” or a variation or abbreviation of any of those titles, or any words, name or designation, in a manner that leads to a reasonable belief that the person is a licensee;

• (b) represent themselves, in any way or by any means, to be a licensee; or

• (c) unless the person is a person referred to in paragraph 21.1(2)(a) or (b) or subsection 21.1(3) or (4) of the Citizenship Act or paragraph 91(2)(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act, knowingly, directly or indirectly, represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under the Citizenship Act, the submission of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act or a proceeding or application under that Act.

Marginal note:Injunction

78 On application by the College, if a court of competent jurisdiction is satisfied that a contravention of section 77 is being or is likely to be committed, the court may grant an injunction, subject to any conditions that it considers appropriate, ordering any person to cease or refrain from any activity related to that contravention or ordering the person to take any measure that the court considers appropriate.

Offences and Punishment

Marginal note:Offences and punishment

• 79 (1) Every person who contravenes section 55, 70 or 73.4 or an order made under paragraph 66(a) is guilty of an offence and liable

  • (a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; or

  • (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

• Marginal note:Due diligence

  (2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

By-laws and Regulations

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.