Canada Gazette, Part I, Volume 158, Number 51: College of Immigration and Citizenship Consultants Regulations

December 21, 2024

Statutory authority
College of Immigration and Citizenship Consultants Act

Sponsoring department
Department of Citizenship and Immigration

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

In 2021, the College of Immigration and Citizenship Consultants (the College) became the regulator for immigration and citizenship consultants in Canada pursuant to the College of Immigration and Citizenship Consultants Act (the College Act). The College’s function is to govern the industry in the public interest and to protect the public. While the College Act provides high-level policy, regulations are needed to fully implement the governance regime for immigration and citizenship consultants.

Background

Anyone who wants to provide Canadian immigration or citizenship advice or representation for a fee or any other type of payment must be one of the following:

Immigration and citizenship consultants have been regulated by a number of different bodies since 2005. In June 2017, in light of persistent issues with the immigration and citizenship consultants’ industry, the Standing Committee on Citizenship and Immigration (CIMM) published a report entitled Starting Again: Improving Government Oversight of Immigration Consultants. The CIMM studied the then-current framework governing immigration and citizenship consultants and found it inadequate.

In 2019, the Government of Canada — in response to the CIMM report — announced a new governance regime. This included the coming into force of the College Act in 2020 and the establishment of the College in 2021.

The College Act provides the College the statutory framework required to license and govern immigration and citizenship consultants practising in Canada and abroad, though the vast majority are based in Canada. The College does not receive funding from the Government and is entirely funded through fees paid by its licensees. The College regulates consultants in the public interest and protects the public by

The College regulates two categories of immigration and citizenship consultants, namely Regulated Canadian Immigration Consultants and Regulated International Student Immigration Advisors.

Immigration, Refugees and Citizenship Canada (IRCC) maintains strong oversight over the College to ensure public protection. As part of this oversight, the Minister of Citizenship and Immigration (the Minister) established the code of professional conduct for licensees. The Minister sets the composition of the College’s board of directors (the Board) and can appoint the majority of directors. The Minister also designates a civil servant observer at the meetings of the Board.

Objective

The objective of the proposed Regulations is two-fold:

Description

The proposed new Regulations would set out the detailed requirements necessary to fully operationalize the intent of the College Act, improving the overall effectiveness of the governance framework.

Definitions

The proposed Regulations would define Act to mean the College of Immigration and Citizenship Consultants Act.

The proposed Regulations would define a dishonest act to mean theft, fraud or the misappropriation of funds; knowingly providing false or misleading information or advising an individual to provide such information; or knowingly failing to report a claim to the professional liability insurer, failing to do so in a timely manner, or failing to cooperate with the insurer.

Compensation fund

The proposed Regulations would prescribe the management of the College’s compensation fund and how it is to be financed. The proposed regulations would require the College to pay the fund’s administration costs.

The proposed Regulations would prescribe when an individual is eligible for compensation and the application process, specifically when an application is required and when it is not.

Under the proposed Regulations, if a decision of the College’s Discipline Committee determined that an individual suffered financial loss as a result of a licensee’s dishonest act, no application would be required, and the College would inform the individual that they may be eligible for compensation.

The proposed Regulations would require an application for compensation to be submitted to the College in the following cases:

The proposed Regulations would allow the College, through the right of subrogation, to assume the legal rights of an individual who received compensation from the fund. For example, this means that, under certain circumstances, the College could sue a licensee to collect debts or damages from the licensee through other legal mechanisms, such as civil court proceedings, based on losses suffered by the client.

The proposed Regulations would allow the College to recover from a licensee any compensation fees, and expenses paid. Any amount recovered, excluding fees and expenses, would be required to be paid into the compensation fund. The proposed Regulations would allow the College to purchase insurance to compensate for any compensation paid.

Annual report

The proposed Regulations would prescribe the information that the College must include in its annual report to the Minister. The College would be required to include the following information:

Board of directors

The proposed Regulations would make an individual ineligible to be appointed or elected as a director if they are an incapable adult on behalf of whom a guardian may act, a family member of a College employee, as defined by the proposed Regulations, or a licensee who has committed professional misconduct or been incompetent.

The proposed Regulations would require that a director stop being a director if they meet any of the ineligibility criteria in the proposed Regulations or if they do not attend at least 50% of the Board meetings during the fiscal year.

For this section of the proposed Regulations, a family member would be broadly defined as including, but not limited to, the spouse or common-law partner of the individual, a child or parent of the individual, or a child or parent of the individual’s spouse or common-law partner, or any other relative residing permanently with the individual.

The proposed Regulations would define guardian to mean a person who is legally authorized to act on behalf of a minor or incapable adult, including a tutor, mandatary, or a person appointed to act in a similar capacity.

The proposed Regulations would define ward to mean a person for whom a guardian is appointed.

Committees

The College Act established the Complaints Committee and the Discipline Committee. While some principles related to the Complaints Committee and Discipline Committee are provided in the College Act, other aspects of their functioning would be included in the proposed Regulations.

The proposed Regulations would also establish two additional committees of the College, the Compensation Fund Committee and the Capacity Evaluation Committee.

Complaints Committee

According to the College Act, the Complaints Committee must consider all complaints referred to it by the College or the Registrar. It may, if it has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, investigate the licensee’s conduct and activities.

The proposed Regulations would allow the College’s Complaints Committee to request an opinion from the Capacity Evaluation Committee relating to a licensee’s capacity to practise. The proposed Regulations would also allow the Complaints Committee to take this opinion into account before referring a complaint to the Discipline Committee or taking any of the measures set out in the College Act.

The proposed Regulations would prescribe the Complaints Committee’s membership. Individuals selected from the public and licensees, appointed by the Board, would make up the Complaints Committee. Committee members would need to have the necessary expertise and experience, would be appointed as independent members of the Committee, and could not be an employee of the College, a director, or a licensee who has been determined to have committed professional misconduct or been incompetent in the previous five years.

Discipline Committee

The proposed Regulations would prescribe additional Discipline Committee powers, duties and functions. The Discipline Committee would be able to request an opinion about a licensee’s capacity to practise. The Discipline Committee would be required to provide a copy of its discipline decision to anyone referred to in that decision. If the Discipline Committee determined that an individual suffered financial loss due to a licensee’s dishonest act, the Committee would be required to include in its decision an assessment of the amount and reasons for that assessment and submit the assessment to the Compensation Fund Committee.

Under the proposed Regulations, individuals selected from the public and licensees, appointed by the Board, would make up the Discipline Committee. Committee members would be required to have the necessary expertise and experience, would be appointed as independent members of the Committee, and could not be an employee of the College, a director, or a licensee who has been found to have committed professional misconduct or been incompetent in the previous five years.

Compensation Fund Committee

The proposed Regulations would establish the Compensation Fund Committee and prescribe its powers, duties and functions, including

The proposed Regulations would give the Compensation Fund Committee jurisdiction over former licensees to process cases and applications and determine the amount of compensation to be paid.

In deciding the compensation, the proposed Regulations would require that the Compensation Fund Committee take into account the Discipline Committee finding of a dishonest act, the financial loss assessed by the Discipline Committee, or, if there is no assessment of financial loss, the evidence provided by the individual who applied for compensation. The Compensation Fund Committee would be required to consider any loss or expense associated with the dishonest act, any other compensation provided to the individual applying for compensation, and any other elements set out in the by-laws made by the Board.

The proposed Regulations would require compensation to be paid to the individual to whom it is owed as soon as feasible and allow the Compensation Fund Committee to allocate funds to an individual who makes a written request for the payment of urgent expenses while they await a decision of the Discipline Committee.

Capacity Evaluation Committee

The proposed Regulations would establish the Capacity Evaluation Committee and prescribe its powers, duties and functions, including

The proposed Regulations would give the Capacity Evaluation Committee jurisdiction in respect of former licensees to exercise its powers or perform its duties and functions in respect of former licensees.

The proposed Regulations would require that the Capacity Evaluation Committee consider any information provided by the licensee, any expert report, and any additional information that it considers necessary in preparing an opinion. Under the proposed Regulations, the licensee would be allowed to provide information concerning their capacity to practise but would not be required to do so.

Register of Licensees

The proposed Regulations would prescribe the content of the public register, including for each licensee, their business name, contact information, identification number, location, class of licence, status of licence, conditions or restrictions on the licence, and any disciplinary measures imposed. The register would also be required to include the name of every licensee whose licence was surrendered or revoked, and the reasons for the decision. Additionally, the proposed Regulations would require the College to provide access to the register of licensees by alternate means, and to ensure, to the extent possible, that the register complies with the Government of Canada’s standards on web accessibility.

Notice to Minister

The College Act requires the Registrar to notify the Minister when a licence is suspended, revoked or surrendered. The proposed Regulations would prescribe additional circumstances where the Registrar must notify the Minister of a licence status change, including when a licence is reinstated, if a licensee dies, or if a licensee’s membership status is inactive for any other reason.

The proposed Regulations would also prescribe when and how the Registrar must communicate a licence status change to the Minister.

The proposed Regulations would require the Registrar to indicate in the notice to the Minister the date on which the change in status of the licence occurred, as well as the following information:

Exercising the powers of verification

The proposed Regulations would allow the Registrar to exercise their verification powers for the College’s quality assurance program or for random verification. The Registrar would also be required, in the case of a random verification, to provide reasonable notice to the licensee of the verification.

Referral to the Complaints Committee

The proposed Regulations would require the Registrar to initiate a complaint and refer it to the Complaints Committee when it has reasonable grounds to suspect that an individual has suffered financial loss due to a licensee’s dishonest act.

Decision of the Registrar

The College Act allows the Registrar, if they determine that a licensee has contravened the Act, its regulations, or by-laws, in circumstances prescribed in the Regulations, to suspend or revoke the licensee’s licence or take any other action prescribed in the regulations. The proposed Regulations would allow the Registrar, for the purposes of making such a decision, to request an opinion from the Capacity Evaluation Committee relating to a licensee’s capacity to practise and to take that opinion into account in making their decision.

The proposed Regulations would also require the Registrar to provide a copy of their decision and the reasons for the decision in writing to anyone who is referred to in the decision.

The proposed Regulations would prescribe the circumstances in which the Registrar could take their decision as:

In addition to suspension or revocation of a licence under the College Act, the proposed regulations would allow the Registrar to take the following actions if a licensee has contravened the Act, its regulations or its by-laws

If a licensee fails to comply with a condition of licence, an order to comply with requirements, a requirement to complete professional development or participate in mentorship or counselling, fails to pay a monetary penalty, or meet any other action specified in by-laws, the regulations would allow the Registrar to take any of the actions under the proposed regulations, suspend or revoke the licence under the College Act, or a combination of these actions.

The proposed Regulations would allow the Registrar to delegate their powers, duties and functions only to employees of the College who work in the Registrar’s office, are designated and approved to act in place of the Registrar, and satisfy any other conditions set out in the by-laws made by the Board.

The proposed Regulations would allow the powers, duties and functions of the Registrar related to a licensee not complying with a discipline decision to be delegated only to employees designated to act in place of the Registrar for a temporary period, as approved by the Board.

Complaints

The proposed Regulations would allow the College to refer a complaint to another governing body in the following circumstances:

Investigations

The proposed Regulations would prescribe how the College’s investigator is to remove, examine, copy, conserve and return things during an investigation.

The proposed Regulations would require that an investigator provide a receipt to a person from whom a thing was obtained for examination or copying, complete the examination or copying of the thing as soon as feasible and, return the thing to the person once the examination or copying is complete. The proposed Regulations would require that the thing be kept in a safe place.

However, if the investigation relates to subsection 14(1) of the Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees — which sets out the limited circumstances and conditions for taking possession of a client’s original documents — the proposed Regulations would require that the thing be returned to the person who owns it, and the investigator would be required to provide notice in writing of that return to the person from whom the thing was obtained.

The proposed Regulations would provide that any copy of a document or a thing that is certified by an investigator be deemed to be the original of that document or thing.

The proposed Regulations would allow the person from whom a thing was removed, or its owner to request its immediate return in writing. In response to a request for return, the proposed Regulations would require the investigator to examine or copy the thing in question without delay and return it.

Decision of Complaints Committee

The proposed Regulations would require the Complaints Committee to refer a complaint to the Discipline Committee when the complaint is not frivolous and involves financial loss suffered due to a licensee’s dishonest act, and under any other circumstance set out in the College’s by-laws.

The requirement for the Complaints Committee to refer a complaint would not apply if after taking into account any opinion concerning the licensee’s capacity to practise, the Complaints Committee decides to not refer the complaint, or if the licensee referred to in the complaint has had their licence revoked as a result of a dishonest act similar to the one that is the subject of that complaint.

In those circumstances where the Complaints Committee required a licensee to appear before it to be cautioned, the proposed Regulations would create an obligation for the licensee to comply with that requirement, such that the Registrar could take action if they failed to do so.

The proposed Regulations would require a licensee to comply with the resolution of a dispute if a matter was referred to a process of dispute resolution under the College Act and is resolved to the satisfaction of the Complaints Committee.

Disciplinary proceedings

The proposed Regulations would require the Discipline Committee — in the context of public hearings — to take all reasonable precautions to protect the welfare of vulnerable people, and the safety and privacy of any person.

If the Discipline Committee determines that the licensee has committed professional misconduct or was incompetent, the proposed Regulations would allow the Discipline Committee to take or require the following, in addition to measures under the College Act:

The College Act permits the Discipline Committee to suspend a licence, and the proposed Regulations would limit the suspension period to not more than two years. Similarly, the College Act permits the Discipline Committee to require the licensee to pay a penalty. The proposed Regulations would set the maximum penalty amount at $50,000, or for a monetary penalty reflecting reimbursement for financial loss due to a dishonest act, an amount equal to the fees and disbursements paid by the client.

The proposed Regulations would require that the College ensure that the name of and any identifying information of a person other than the licensee is not included in any decision of the Discipline Committee or in any communication regarding the decision.

Privileged information

The proposed Regulations would prescribe the following circumstances in which the Registrar, the Complaints Committee, the investigator, or the Discipline Committee may obtain and use privileged information:

Powers of College

Under the College Act, if a licensee is not able to perform their activities as an immigration and citizenship consultant for any reason prescribed in the Regulations, the College may apply to a court for an order authorizing the College or a person appointed by the court to administer any related property that is or should be in the licensee’s possession or under their control.

The proposed Regulations would prescribe the following reasons why the College could apply for a court order:

The proposed Regulations would authorize the College to make by-laws concerning

Powers of Minister — Temporary administration

The proposed Regulations would permit the Minister to appoint a person to act on behalf of the Board, and to exercise their powers, duties, and functions, in circumstances where the purposes of the College 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 proposed Regulations would require the Minister to inform the Board of the appointment in writing, without delay, and the reasons for that appointment.

The proposed Regulations would allow the appointment to take effect only when the powers, duties, functions and conditions established by the Minister are posted in public and provided to the Board.

Before the appointment, the proposed Regulations would require, the Minister to

Under the proposed Regulations, an individual who is ineligible based on the criteria set out for directors under the proposed Regulations or the College Act would be ineligible to be appointed by the Minister.

During the period of the appointment, the proposed Regulations would require the College, to provide any report and information regarding its activities, at the Minister’s request.

At the end of the term, the proposed Regulations would allow the Minister to reappoint the same person or appoint someone else.

Disclosure of personal information

The proposed Regulations would allow the College to disclose personal information to the responsible authorities when, in representing or providing advice related to immigration or citizenship matters, an individual is suspected of committing any violation or offence under the Immigration and Refugee Protection Act, the Citizenship Act, the Emergencies Act or the Quarantine Act.

The proposed Regulations would also permit the College to disclose personal information related to potential professional misconduct or unauthorized practice to a body that regulates a profession, a province, a foreign institution like the College or a foreign state that has an agreement or arrangement with the College.

The proposed Regulations would allow the College to disclose personal information regarding any individual involved, directly or indirectly, in the violations or offences referred to above only if that personal information is necessary.

The proposed Regulations would authorize the College to disclose personal information if there are reasonable grounds to believe that there could be significant harm to an individual and disclosing the information is likely to reduce the risk of harm.

If the College exchanges personal information with a foreign entity, the proposed Regulations would require that it ensure that the exchange of information would not result in a risk of mistreatment of the individual and that any information that was likely obtained through the mistreatment of an individual by a foreign entity will not be used in any way that results in further mistreatment, can be used in judicial, administrative or other proceeding, or deprives anyone of their rights or freedoms.

The proposed Regulations would also require that any agreement or arrangement entered into under the College Act be made available to the public on the College’s website and in any other manner that the College considers appropriate.

Consequential amendments

The proposed Regulations would repeal sections of the Citizenship Regulations and the Immigration and Refugee Protection Regulations. These sections apply to the former regulator of immigration and citizenship consultants, the Immigration Consultants of Canada Regulatory Council, which no longer exists.

Regulatory development

Consultation

The College was consulted extensively throughout the drafting of the proposed Regulations, and regarding the anticipated costs required for implementation. IRCC will continue to consult the College after prepublication of the proposed Regulations. The Canada Border Services Agency has also been consulted on potential impacts to their programs and the proposed regulations incorporate their input.

Modern treaty obligations and Indigenous engagement and consultation

Under the Cabinet Directive on the Federal Approach to Modern Treaty Implications, an assessment of modern treaties was undertaken. There is no anticipated impact on Indigenous peoples for the proposed Regulations.

Instrument choice

The structural details of the framework must be implemented through regulations, as prescribed by the College Act. Therefore, the proposed Regulations are necessary to fully operationalize the College.

Regulatory analysis

Benefits and costs

An important first step in developing a cost-benefit methodology is establishing a baseline scenario against which options may be measured. For this analysis, the baseline scenario is one where the College would continue to function without a regulatory governance regime, lacking some tools and guidance to enforce certain portions of the regulating authorities established in the College Act. The baseline scenario is then compared with the regulatory scenario in which the proposed Regulations would establish a new regulatory governance regime for implementation by the College and provide tools and guidance to the College to operationalize the intent of the College Act.

IRCC consulted and worked closely with the College to estimate possible impacts of the proposed Regulations, including costs and impacts to the College itself.

This analysis examines the impacts of the proposed Regulations for 10 periods of 12 months starting the year that the proposed Regulations would be registered. For further details regarding the methodology, a detailed cost-benefit analysis report is available upon request at the following email address: IRCC.CollegeRegulations-ReglementsduCollege.IRCC@cic.gc.ca.

It is expected that the proposed Regulations would impose costs on the College for implementing the governance regime, estimated at $24,236,365 present value (PV) in 10 periods of 12 months. No costs to the Government of Canada or to external stakeholders are anticipated.

Costs to the College

The College licenses and regulates the practice of Regulated Canadian Immigration Consultants and Regulated International Student Immigration Advisors (consultants) practising in Canada or abroad. The proposed Regulations would provide tools and guidelines for the College to fully operationalize the regulation of consultants in the public interest. This would include requirements about the compensation fund, the roles of the Registrar and College committees, the framework for document management following an investigation, and complaints and discipline management, among other areas of governance.

Compensation fund payments

The proposed Regulations would require that the College issue payments through the compensation fund. These payments would be made to individuals who suffered financial loss due to a licensee’s dishonest act.

For the purpose of this analysis, it is assumed that payments made from the compensation fund would start being paid in period 1 with an estimated 146 payments to be made in that period and an average payment estimated at $4,652. These are based on IRCC’s estimation using recent data on discipline actions by the College, and the assumption of an increase in disciplinary actions and penalties imposed on licensees due to the proposed Regulations introducing compensation fund payments. The number of payments is assumed to grow at a rate of 3% per period. The total costs to the College in the form of compensation fund payments are estimated at $5,756,304 PV in 10 periods.

Complaints Committee investigations and additional compensation fund costs

The operationalization of the compensation fund is expected to increase the number of complaints received by the College as compensation through the fund would now be available to clients. As a result of increased complaint volume, the College would need to hire additional Complaints Committee investigators. The College would also need to hire administrators and financial experts full-time, contract legal representation when necessary. These activities would be required due to the expected increase in cases and applications for compensation resulting from the implementation of the proposed Regulations. These costs are estimated at $6,469,730 PV in 10 periods.

Document and material management costs

The proposed Regulations would establish a framework for the management of documents or other things removed by Complaints Committee investigators, including their examination, copying and return. Moreover, although the College already conducts a few investigations per year, as per the College Act, the proposed Regulations are expected to result in a higher number of them conducted each year. The additional costs related to investigations are estimated at $3,757,616 PV in 10 periods.

Increased hearings

The increase in complaints due to the compensation fund would also increase the number of hearings conducted by the Complaints Committee and Discipline Committee. The costs to the College for managing this increase include the need for increased external legal services, mediation activities, language and transcripts services. These are estimated at $2,310,934 PV in 10 periods.

Establishment of Compensation Fund Committee

The College would be required to establish a Compensation Fund Committee, whose members would have to attend quarterly meetings and travel as required to establish and administer the fund, for which they would be compensated. The costs for a five-committee members’ compensation and accommodations are estimated at $143,789 PV in 10 periods.

Additional information in the register

The proposed Regulations would require that the College publish additional licensee information on its online public register. The College would also have to report to the Minister if there are any significant changes to licensees’ information. These reporting requirements are estimated to cost the College $297,728 PV in 10 periods.

Compliance verification

The proposed Regulations would allow the Registrar to conduct compliance verifications to exercise their powers of verification under the College Act. These verifications could be performed in accordance with their quality assurance program, or randomly. These verification activities are expected to require two full-time verification officers and one compliance clerk, resulting in costs estimated at $4,984,168 PV in 10 periods.

Access to information and privacy (ATIP) requests

The proposed Regulations may increase the volume of ATIP requests received by the College. The College is anticipated to hire additional employees to manage this potential increase in ATIP requests, with these costs estimated at $516,095 PV in 10 periods.

Costs to licensees

Anticipated payments from the compensation fund may require that the College collect additional funds for the fund’s sustainability. Additional resources for the replenishment of funds could be obtained through an increase in fees. The College is anticipated to have sufficient funds for the first years of implementation of the proposed Regulations. As discussed in the Compensation Fund Payments section, the main source of funds for sustainability of the compensation fund would be penalties and amounts recovered from licensees, following disciplinary actions. As an alternative and last course of action, the College may revisit the need to increase annual fees or require the payment of other fees for the purposes of financing the compensation fund, should a compensation fund deficit occur.

Monetized benefits
Compensation payments to clients

The proposed Regulations would require that the College issue payments through the compensation fund to clients who suffered financial loss due to a licensee’s dishonest act. It is estimated that the proposed Regulations would result in 146 payments in period 1, grow at a rate of 3% per period, with an average payment of $4,652. The total payments to individuals made through the compensation fund are estimated at $5,756,304 PV in 10 periods.

Some of the clients who would be compensated may be outside of Canada. Such compensation benefits would be out of scope for the purpose of this cost-benefit analysis; however, because it is challenging to determine the amounts that would be paid from the compensation fund to clients outside Canada, payments to non-residents are included in the analysis.

Compensation fund financing through penalties

The compensation fund is funded through existing and future funds, with the main source of funds derived from penalties imposed by the College on licensees. Other sources of funds include interest accrued on the amounts held by the fund, annual licensee fees and any other source of income the College assigns to the fund. Licensee fees are set through the College’s by-laws under the purview of the College Board, although these may be used to finance the compensation fund, they are not its main source.

There are instances where the compensation fund would make payments to clients where there is no corresponding penalty to a licensee. To ensure the fund is sufficiently financed, in addition to penalties issued by the Discipline Committee, the compensation fund would also be replenished by penalties ordered through disciplinary actions for sanction and general deterrence of behaviour, which would not require compensation payments to clients.

For the purpose of this analysis, it is assumed that the proposed regulations would result in an incremental number of discipline actions by the College, and therefore an increase in the number of penalties imposed on licensees. The replenishment of the fund from direct penalties by licensees into the compensation fund is estimated at $1,620,837 PV in 10 periods.

Cost-benefit statement
Monetized costs
Impacted stakeholder Description of cost Base year (period 1) Other relevant year (period 5) Final year (period 10) Total (present value) Annualized value
College Compensation Fund Payments $679,213 $764,460 $886,219 $5,756,304 $819,568
Complaints Committee Investigations and additional Compensation Fund costs $892,092 $856,092 $856,092 $6,469,730 $921,144
Document and Material Management $500,000 $500,000 $500,000 $3,757,616 $535,000
Incremental Hearings $307,500 $307,500 $307,500 $2,310,934 $329,025
Establishment of Compensation Fund Committee $20,000 $19,000 $19,000 $143,789 $20,472
Additional Information in the Register $200,000 $15,000 $15,000 $297,728 $42,390
Compliance Verification $673,612 $661,612 $661,612 $4,984,168 $709,633
ATIP requests $72,141 $68,141 $68,141 $516,095 $73,480
All Stakeholders Total costs $3,344,558 $3,191,805 $3,313,564 $24,236,365 $3,450,713
Monetized benefits
Impacted stakeholder Description of benefit Base year (2022) Other relevant year (2026) Final year (2031) Total (present value) Annualized value
Individuals Compensation from financial loss due to dishonest act $679,213 $764,460 $886,219 $5,756,304 $819,568
College Compensation fund replenishment $191,250 $215,254 $249,538 $1,620,837 $230,771
All stakeholders Total benefits $870,463 $979,714 $1,135,757 $7,377,141 $1,050,339
Summary of monetized costs and benefits
Impacts Base year (period 1) Other relevant year (period 5) Final year
(period 10)		 Total
(present value)		 Annualized value
Total costs $3,344,558 $3,191,805 $3,313,564 $24,236,365 $3,450,713
Total benefits $870,463 $979,714 $1,135,757 $7,377,141 $1,050,339
NET IMPACT −$2,474,095 −$2,212,091 −$2,177,807 −$16,859,225 −$2,400,374
Qualitative impacts

Positive impacts

Negative impacts

Small business lens

Analysis under the small business lens concluded that the proposed Regulations would not impact Canadian small businesses.

One-for-one rule

The one-for-one rule does not apply as there would be no incremental change in administrative burden on business. The College does not meet the definition of a “business” as set out in the Red Tape Reduction Act, and any administrative obligations imposed on the College would be out of the scope of the one-for-one rule.

Although a new regulatory title would be created, it would not be counted as a title “in” under the one-for-one rule as it would not introduce administrative burden on business.

Regulatory cooperation and alignment

To assess whether there are opportunities for cooperation or alignment, IRCC identified jurisdictions that regulate similarly to Canada. The Department analyzed standard-setting bodies of relevant jurisdictions or international organizations to identify possibilities for alignment. IRCC determined that regulatory cooperation or alignment with international or domestic partners is not feasible and would not achieve the desired policy objectives. Instead, IRCC determined that an approach that is specific to Canada should be taken because no other country has a similar legislative framework.

Effects on the environment

A preliminary environmental scan was completed in accordance with the Cabinet Directive on Environmental and Economic Assessment. No significant environmental effects are anticipated for the proposed Regulations.

Gender-based analysis plus

The design of the proposed Regulations considered GBA+ implications. As such, the proposed regulations minimize potential differential impacts. Some examples of ways in which the proposed regulations do so include the following:

As a result, the proposed Regulations would have minimal differential impacts.

Implementation, compliance and enforcement, and service standards

The proposed Regulations would come into force on the day they are registered.

IRCC is working with the College to ensure that it can implement the proposed Regulations seamlessly when they take effect.

The College has estimated the additional resources that will be required to implement the proposed Regulations, notably for investigations and to manage the compensation fund. The College is actively preparing to implement and staff the committees created by these Regulations and it is expected that the committees will be ready to function shortly after the Regulations take effect.

As per the College’s 2023 Annual Report, the College is in good financial standing and will be able to absorb the cost of hiring new staff and pay for additional fees, such as legal expenses and language services.

Moreover, the College has budgeted its finances to be able to make payments to individuals who suffer financial loss due to a dishonest act committed by a licensee from the compensation fund as soon as the proposed Regulations come into force.

Independent of these Regulations, in 2024, the College implemented a new Enterprise Management System to improve workflows and processes, and to manage data. This system would be used to include the additional information required in the public register of licensees by the coming into force of the proposed Regulations.

The College will update its by-laws to ensure they are aligned with the Regulations. The updated College by-laws are expected to take effect shortly after the coming into force of the proposed Regulations. The College would use the by-laws as instruments to implement and operationalize the proposed Regulations.

Contact

Tina Matos
Director General
Admissibility Branch
Immigration, Refugees and Citizenship Canada
Email: IRCC.CollegeRegulations-ReglementsduCollege.IRCC@cic.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed College of Immigration and Citizenship Consultants Regulations under subsections 81(1) and (2)footnote a and section 88 of the College of Immigration and Citizenship Consultants Act footnote b.

Interested persons may make representations concerning the proposed Regulations within 45 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Tina Matos, Director General, Admissibility Branch, Department of Citizenship and Immigration, 180 Kent Street, 8th Floor, Ottawa, Ontario K1P 0B6 (email: IRCC.CollegeRegulations-ReglementsduCollege.IRCC@cic.gc.ca).

Ottawa, December 13, 2024

Wendy Nixon
Assistant Clerk of the Privy Council

College of Immigration and Citizenship Consultants Regulations

Definitions

Definitions

1 The following definitions apply in these Regulations.

Act
means the College of Immigration and Citizenship Consultants Act. (Loi)
dishonest act
means
  • (a) theft, fraud or the misappropriation of funds;
  • (b) with respect to the Immigration and Refugee Protection Act or the Citizenship Act, knowingly providing false or misleading information or advising an individual to provide such information; or
  • (c) knowingly failing to report a claim to the professional liability insurer or failing to do so in a timely manner, or knowingly failing to cooperate with the insurer. (acte malhonnête)

Organization

Compensation Fund

Management of compensation fund

2 The compensation fund referred to in section 13 of the Act is separate from any other fund or account held by the College.

Financing of compensation fund

3 (1) In addition to any amount paid into the compensation fund under subsection 69(7) of the Act, the fund is composed of the following amounts:

Administration costs

(2) Costs related to the administration of the fund are paid by the College.

Compensation due to dishonest act

4 An individual who suffers financial loss due to a dishonest act committed by a licensee on or after November 23, 2021 is eligible for compensation if

Application not required

5 (1) If a dishonest act committed by a licensee is the subject of a decision of the Discipline Committee in which the amount of loss suffered was assessed, no application for compensation is required and the College is to inform the individual that they may be eligible for compensation.

Application required

(2) However, an application for compensation must be submitted to the College in the following cases:

Subrogation

6 (1) The College may, standing in place of and representing any individual who received compensation from the compensation fund, exercise all rights and remedies that that individual exercised or could have exercised with respect to the licensee or their successors.

Recovery

(2) The College may, among other things, recover from a licensee any compensation paid in accordance with section 15, as well as any fees and expenses paid with respect to such compensation.

Amounts recovered

(3) Any amount — with the exception of the fees and expenses paid by the College for the recovery of that amount — recovered by the College for the purposes of this section is to be paid into the compensation fund.

Insurance

7 (1) For greater certainty, the College may purchase insurance to compensate for any compensation paid in accordance with section 15, as well as any fees and expenses paid with respect to such compensation.

Amounts recovered

(2) Any amount — with the exception of the fees and expenses paid by the College for the recovery of that amount — recovered by the College for the purposes of this section is to be paid into the compensation fund.

Annual Report

Report to Minister

8 The report referred to in subsection 15(1) of the Act includes the following information:

Board of Directors

Directors — Ineligibility

9 (1) For the purposes of paragraph 20(f) of the Act, an individual is ineligible to be appointed or elected as a director if they meet any of the following criteria:

Definitions

(2) The following definitions apply in this section:

family member
in relation to the individual in question, means any one of the following:
  • (a) the spouse or common-law partner of the individual;
  • (b) a child of the individual or a child of the individual’s spouse or common-law partner;
  • (c) a parent of the individual or a spouse or common-law partner of the parent;
  • (d) a child of the individual’s parent or a child of the spouse or common-law partner of the individual’s parent;
  • (e) the spouse or common-law partner of the individual’s child or of the child of the individual’s spouse or common-law partner;
  • (f) a parent, or the spouse or common-law partner of a parent, of the individual’s spouse or common-law partner;
  • (g) a current or former foster parent of the individual or of the individual’s spouse or common-law partner;
  • (h) a current or former foster child of the individual or the spouse or common-law partner of that child;
  • (i) a current or former ward of the individual or the spouse or common-law partner of that ward;
  • (j) a current or former guardian of the individual or the spouse or common-law partner of that guardian; or
  • (k) any other relative residing permanently with the individual. (membre de la famille)
guardian
means a person who is legally authorized to act on behalf of a minor or incapable adult and includes a tutor or mandatary under a protection mandate or any person who is appointed to act in a similar capacity. (tuteur)
ward
means a person for whom a guardian is appointed. (pupille)

Ceases to be director

10 For the purposes of paragraph 23(d) of the Act, a director ceases to be a director if

Committees

Complaints Committee

Powers, duties and functions

11 (1) In addition to any other powers, duties and functions conferred on the Complaints Committee under the by-laws made by the Board, the Complaints Committee may request, as the case may be, an opinion, referred to in paragraph 18(1)(c) relating to the capacity to practise of the licensee referred to in the complaint by the College and take this opinion into account before referring the complaint, in whole or in part, to the Discipline Committee or taking any of the measures set out in paragraphs 57(2)(a) to (c) of the Act.

Membership

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

Clarification

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

Exclusions

(4) The following individuals cannot be members of the Complaints Committee:

Discipline Committee

Powers, duties and functions

12 (1) In addition to any other powers, duties and functions conferred on the Discipline Committee under the by-laws made by the Board, the Discipline Committee exercises the following powers, duties and functions:

Membership

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

Clarification

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

Exclusions

(4) The following individuals must not be members of the Discipline Committee:

Compensation Fund Committee

Establishment

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

Powers, duties and functions

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

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.

Determining compensation

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

Amount of compensation

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

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.

Emergency allocation

16 The Compensation Fund Committee may allocate funds to an individual who makes a written request for the payment of urgent expenses while they await a decision of the Discipline Committee.

Capacity Evaluation Committee

Establishment

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

Membership

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

Powers, duties and functions

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

Jurisdiction — former licensees

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

Request for information

19 At the request of the Capacity Evaluation Committee, a licensee may provide information, including personal information, concerning their capacity to practise.

Elements to take into account

20 In preparing the opinion referred to in paragraph 18(1)(c), the Capacity Evaluation Committee must take, as the case may be, the following elements into account:

Registrar

Conditions

21 A licensee must respect any conditions or restrictions to which their licence is subject and that are imposed under subsection 33(2) of the Act.

Register of Licensees

Content

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

Format

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

Accessibility

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

Notice to Minister

Circumstances

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

Timing

(2) The Registrar must provide notice in respect of the circumstances

Notice provided electronically

(3) The Registrar provides notice electronically of the circumstances set out in paragraphs (1)(a) to (c) of these Regulations and paragraphs 32(a) to (c) of the Act.

Form and manner

(4) The Registrar must indicate in the notice the date on which the circumstances set out in paragraphs (1)(a) to (c) of these Regulations and paragraphs 32(a) to (c) of the Act occurred, as well as the following information:

Exercising Powers of Verification

Selection for verification

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

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 — chosen as part of a random verification — of the verification of their business premise or dwelling-house, as the case may be.

Referral to Complaints Committee

Dishonest act

26 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 where the Registrar is of the opinion that there are reasonable grounds to suspect that financial loss has been suffered due to a dishonest act committed by a licensee.

Decision of Registrar

Decision process

27 (1) For the purposes of section 38 of the Act, the process for making a decision is, as the case may be, that the Registrar requests an opinion, as referred to in paragraph 18(1)(c) concerning the capacity to practise of the licensee who has contravened a provision of the Act, these Regulations or the by-laws made by the Board, and takes that opinion into account in making their decision.

Decision and reasons in writing

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

Circumstances

28 For the purposes of section 38 of the Act, the circumstances are as follows:

Actions that can be taken or required

29 In addition to the actions set out in paragraphs 38(a) and (b) of the Act, the Registrar may take or require any of the following actions under paragraph 38(c) of the Act:

Delegation

30 (1) Subject to subsection (2), the Registrar may delegate their powers, duties and functions only to employees of the College who

Exception

(2) The powers, duties and functions of the Registrar related to the contravention of section 70 of the Act by the licensee may be delegated only to those employees referred to in paragraph (1)(b).

Complaints

Referral to another body

31 The circumstances in which the College may refer a complaint to another body that has a statutory duty to regulate a profession under section 47 of the Act are the following:

Investigations

Removal of thing

32 (1) If the investigator removes a thing for examination or copying, they must provide the person from whom it was obtained with a receipt describing the thing that was removed.

Examination, copying and return

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

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 the person who owns it. The investigator must provide notice in writing of that return to the person from whom the thing was obtained.

Deemed original

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

Conservation of thing

(5) Over the course of the period during which the thing is examined or copied, the thing must be kept in a safe place.

Request for return

33 (1) At any time, the person from whom a thing was removed, or who owns it can request in writing to the College for its immediate return.

Examination or copying

(2) In response to a request for return, the investigator must examine or copy the thing in question without delay and return it to the person from whom it was obtained or, in the case referred to in subsection 32(3), to the person who owns it.

Decision of Complaints Committee

Referral to Discipline Committee

34 (1) The circumstances in which the Complaints Committee must refer a complaint, in whole or in part, to the Discipline Committee are the following:

Exception

(2) Subsection (1) does not apply if the Complaints Committee decides, after taking into account any opinion referred to in paragraph 18(1)(c), as the case may be, to not refer the complaint, in whole or in part, to the Discipline Committee.

Revoked licence

(3) However, the Complaints Committee is not required to refer a complaint to the Discipline Committee if — at the time the complaint was made under section 45 of the Act — the licensee referred to in that complaint has their licence revoked as a result of a dishonest act similar to the one that is the subject of that complaint.

Caution

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

Dispute resolution process

36 If the 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.

Disciplinary Proceedings

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

Professional misconduct or incompetence — actions to take

38 (1) In addition to the actions set out at 69(3) of the Act, the Discipline Committee may, for the purposes of that subsection, take or require any of the following actions:

Suspension period

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

Maximum amount — penalty

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

Redactions

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

Privileged Information

Circumstances for obtention and use of privileged information

40 The Registrar, Complaints Committee, investigator or Discipline Committee may obtain and use privileged information in the following circumstances:

Powers of College

Order

41 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:

Authorization to make by-laws

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

Powers of Minister — Temporary Administration

Circumstances surrounding appointment

43 (1) The circumstance in which the Minister may, for the purposes of section 75 of the Act, appoint a person to act on behalf of the Board 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.

Notice

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

Effective date

(3) The appointment takes effect only when the powers, duties, functions and conditions established by the Minister under subsection 44(1) are posted in public and provided to the Board.

Powers, duties, functions and conditions

44 (1) Before the appointment, the Minister must

Additional condition

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

Period

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

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.

Reappointment or new appointment

45 At the end of the term set out under paragraph 44(1)(d), if the Minister determines that the objectives that they set out have not been carried out or that new objectives are to be met, they may reappoint the same person, or appoint someone else, for a period of not more than one year.

Disclosure of Personal Information

Disclosure authorized

46 (1) If, in representing or providing advice relating to immigration or citizenship matters, an individual is suspected of committing any violation or offence 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 those laws or regulations.

Professional misconduct or unauthorized practice

(2) The College may disclose personal information related to potential professional misconduct or unauthorized practice of an individual engaged in providing immigration or citizenship consulting services

Only necessary information

(3) The College may disclose personal information regarding any individual involved, directly or indirectly, in the violations or offences 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 that subsection.

Risk of harm

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

Information sharing with foreign entity

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

Available to public

49 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 and in any other manner that the College considers appropriate.

Consequential Amendments

Citizenship Regulations

50 Section 26.2 of the Citizenship Regulations footnote 1 is repealed.

Immigration and Refugee Protection Regulations

51 Division 5 of Part 2 of the Immigration and Refugee Protection Regulations footnote 2 is repealed.

Coming into Force

Registration

52 These Regulations come into force on the day on which they are registered.

Terms of use and Privacy notice

Terms of use

It is your responsibility to ensure that the comments you provide do not:

  • contain personal information
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  • constitute impersonation, advertising or spam
  • encourage or incite any criminal activity
  • contain external links
  • contain a language other than English or French
  • otherwise violate this notice

The federal institution managing the proposed regulatory change retains the right to review and remove personal information, hate speech, or other information deemed inappropriate for public posting as listed above.

Confidential Business Information should only be posted in the specific Confidential Business Information text box. In general, Confidential Business Information includes information that (i) is not publicly available, (ii) is treated in a confidential manner by the person to whose business the information relates, and (iii) has actual or potential economic value to the person or their competitors because it is not publicly available and whose disclosure would result in financial loss to the person or a material gain to their competitors. Comments that you provide in the Confidential Business Information section that satisfy this description will not be made publicly available. The federal institution managing the proposed regulatory change retains the right to post the comment publicly if it is not deemed to be Confidential Business Information.

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Comments will remain posted on the Canada Gazette website for at least 10 years.

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Privacy notice

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