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

Canada Gazette, Part II, Volume 160, Number 9

Registration
SOR/2026-68 April 16, 2026

COLLEGE OF IMMIGRATION AND CITIZENSHIP CONSULTANTS ACT

P.C. 2026-326 April 16, 2026

Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, makes 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.

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 any of the following acts committed by a licensee:
  • (a) theft, fraud or the misappropriation of funds;
  • (b) knowingly failing to report a claim to their professional liability insurer, failing to do so in a timely manner or knowingly failing to cooperate with the insurer;
  • (c) in connection with an application or proceeding under the Citizenship Act, with the submission of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act or with a proceeding or application under that Act, knowingly providing false or misleading information or advising an individual to provide such information. (acte malhonnête)
working day
means a day that is not a Saturday or a holiday. (jour ouvrable)

Organization

Compensation Fund

Management of compensation fund

2 The compensation fund referred to in section 13 of the Act is to be 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 to be paid by the College.

Compensation due to dishonest act

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

Application not required

5 (1) If a dishonest act is the subject of a decision of the Discipline Committee made on or after the day on which these Regulations come into force and the amount of financial loss suffered is determined in that decision, no application for compensation is required, and the College must notify the individual that they may be eligible for compensation.

Application required

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

Subrogation

6 (1) The College may, standing in place of and representing any individual who has 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 under 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 under 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 as a result of the insurance 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 must include the following information:

Board of 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 individual’s spouse or common-law partner;
  • (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 the spouse or common-law partner of that parent;
  • (d) a child of a parent of the individual or a child of that parent’s spouse or common-law partner;
  • (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;
  • (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, a mandatary under a protection mandate or any other 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) The Complaints Committee may, in addition to exercising any other powers and performing any other duties and functions, conferred on the Committee under the Act or the by-laws, request an opinion referred to in paragraph 17(1)(a) of these Regulations on the capacity to practise of a licensee referred to in a complaint. If the Committee requests such an opinion, the Committee must take it into account before deciding whether to refer 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.

Incapacity to practise

(2) If the opinion concludes that any of 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, the Complaints Committee must not

Membership

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

Clarification

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

Ineligibility

(5) The following individuals are ineligible to be members of the Complaints Committee:

Discipline Committee

Powers, duties and functions

12 (1) The Discipline Committee exercises the following powers and performs the following duties and functions in addition to any powers, duties and functions conferred on it under the Act or the by-laws:

Membership

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

Clarification

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

Ineligibility

(4) The following individuals are ineligible to be members of the Discipline Committee:

Compensation Fund Committee

Establishment

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

Membership

(2) The Compensation Fund Committee is composed of members who are not directors.

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 must determine, on a case-by-case basis, the amount of compensation to be paid.

Elements to take into account

(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.

Capacity Evaluation Committee

Establishment

16 (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

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

Reasons for decision

(2) In making a request for information under paragraph (1)(b), the Capacity Evaluation Committee must notify the licensee that, if the opinion concludes that any of the licensee’s conduct or activities that are the subject of the complaint were caused by the licensee’s incapacity to practise, the Complaints Committee will identify that conclusion as the reason why the complaint, or part of the complaint, is not being referred to the Discipline Committee in the reasons for the decision provided under paragraph 57(2)(a) or (b) of the Act, as the case may be.

Jurisdiction — former licensees

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

Request for information

18 A licensee may refuse to provide information requested under paragraph 17(1)(b) by the Capacity Evaluation Committee.

Elements to take into account

19 In preparing an opinion referred to in paragraph 17(1)(a), the Capacity Evaluation Committee must take the following elements into account:

Licences

Application

20 An applicant for a licence must ensure that the information contained in their application referred to in subsection 33(1) of the Act, and any supporting documents, is true, complete and accurate.

Conditions and restrictions

21 A licensee must comply with any conditions and restrictions to which their licence is subject.

Registrar

Register of Licensees

Content

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

Access

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

Accessibility

(2) The College must ensure that it complies, if practicable, 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

Notice provided electronically

(3) The Registrar must provide notice electronically in the circumstances set out in paragraphs (1)(a) to (c) of this section and paragraphs 32(a) to (c) of the Act.

Form and manner

(4) The Registrar must indicate in the notice the day on which the applicable circumstance set out in any of paragraphs (1)(a) to (c) of this section or any of paragraphs 32(a) to (c) of the Act occurred or the day on which the Registrar became aware of the circumstance, 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 in respect of

Notice

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

Referral to Complaints Committee

Dishonest act

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

Request for opinion

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

Non-application

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

Decision of Registrar

Request for opinion

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

Decision and reasons in writing

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

Circumstances

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

Actions that may be taken or required

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

Duration

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

Delegation

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

Capacity Evaluation Committee members

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

Power referred to in subsection (2)

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

Complaints

Referral to another body

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

Investigations

Removal of thing

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

Examination, copying and return

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

Return to owner

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

Conservation of thing

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

Deemed original

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

Request for return

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

Examination or copying

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

Decision of Complaints Committee

Referral to Discipline Committee

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

Revoked licence

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

Caution

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

Dispute resolution process

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

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

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

Suspension period

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

Maximum amount — penalty

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

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.

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.

Privileged Information

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:

Powers of College

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:

Authorization to make by-laws

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

Powers of Minister — Temporary Administration

Circumstances surrounding appointment

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.

Notice

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

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.

Powers, duties, functions and conditions

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

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.

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

(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.

Disclosure of Personal Information

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.

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.

Disclosure — violations and offences

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.

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

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.

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.

Information sharing with foreign entity

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

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.

Consequential Amendments

Citizenship Regulations

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

Immigration and Refugee Protection Regulations

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

Citizenship Regulations, No. 2

54 The definition ICCRC in section 1 of the Citizenship Regulations, No. 2 footnote 3 is repealed.

55 Section 19 of the Regulations is repealed.

56 Section 21 of the Regulations and the heading before it are repealed.

Coming into Force

90th day after registration

57 (1) These Regulations, except section 22, come into force on the 90th day after the day on which they are registered.

One year after registration

(2) Section 22 comes into force on the first anniversary of the day on which these Regulations are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: The College of Immigration and Citizenship Consultants Act (the Act) sets out the framework of the regulatory scheme for immigration and citizenship consultants. It establishes the College of Immigration and Citizenship Consultants (the College), whose purpose is to regulate immigration and citizenship consultants in the public interest and protect the public. The Act delegates authority to the Governor in Council to develop the details of the regime through regulation.

Description: The College of Immigration and Citizenship Consultants Regulations (the Regulations) set out the detailed requirements pertaining to the compensation fund, committees of the College, the Registrar and other operational details necessary to fully operationalize the intent of the Act.

Rationale: In 2019, the Government of Canada announced a new governance regime for immigration and citizenship consultants. This included the coming into force of the Act in 2020 and the establishment of the College in 2021. The Regulations are necessary to fully operationalize the College.

It is expected that the Regulations will impose costs on the College estimated at $24,236,365 present value (PV) over 10 periods of 12 months. These costs include management of the compensation fund and overseeing complaint and discipline management, among other areas of governance. No costs to the Government of Canada are anticipated. The total benefits of the Regulations are estimated at $7,377,141 PV over 10 periods. These benefits consist of compensation payments made by the College to clients who suffered financial loss due to a licensee’s dishonest act, and revenue received by the College in the form of penalties paid by licensees. Therefore, the net cost is estimated at $16,859,225 PV over 10 periods.

The monetized impacts of the Regulations indicate a net cost. However, the Regulations will introduce a clear regulatory framework and enhanced oversight of regulated immigration and citizenship consultants. This benefit, which was not monetized, will improve their governance, ultimately leading to better service for clients and an improved public perception of immigration and citizenship consultants.

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 Act) . Immigration and citizenship consultants are professional members licensed by the College, and are distinct from lawyers and notaries. The purpose of the College is to regulate immigration and citizenship consultants in the public interest and protect the public. While the Act establishes the College and sets out its purpose, regulations are needed to fully implement the Act.

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, making 21 recommendations on three areas of concern: (1) weakness in governance; (2) insufficient resources for investigations and enforcement; and (3) lack of public awareness and the need to better serve clients.

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

The Act provides the College with the statutory framework required to license and govern immigration and citizenship consultants providing Canadian immigration or citizenship advice or representation in Canada or abroad. 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.

The Act delegates the authority to develop the details in the Regulations on the following aspects of the College’s functioning: the compensation fund, governance, the Registrar, investigations, complaints and discipline, temporary administration and disclosure of personal information.

Objective

The objective of the Regulations is twofold:


Description

The Regulations set out the requirements needed to operationalize the Act.

Definitions

The Regulations define “Act” to mean the College of Immigration and Citizenship Consultants Act.

The Regulations define “dishonest act” to mean any of the following acts committed by a licensee:

The Regulations define “working day” to mean a day that is not a Saturday or a holiday.

Compensation fund

The Regulations prescribe the management of the College’s compensation fund. The Act requires that all monetary penalties ordered by the Discipline Committee, for any type of professional misconduct or incompetence, be paid into the fund. This is the primary source of financing for the fund. The Regulations prescribe additional sources that the College may use to finance the fund if necessary. The Regulations do not require the College to use additional sources to finance the fund. The Regulations require the College to pay the fund’s administration costs.

The Regulations 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 Regulations, if the College’s Discipline Committee determines that an individual suffered financial loss as a result of a licensee’s dishonest act, no application is required, and the College informs the individual that they may be eligible for compensation.

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

The Regulations 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 can 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 Regulations allow the College to recover any compensation, fees and expenses paid from a licensee who committed a dishonest act. Any amount recovered, excluding fees and expenses, is required to be paid into the compensation fund. The Regulations also allow the College to purchase insurance to compensate for any compensation paid.

Annual report

The Regulations prescribe the information that the College must include in its annual report to the Minister, including

Board of Directors

The Regulations 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 Regulations, or a licensee who has committed professional misconduct or been incompetent.

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

Committees

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

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

Complaints Committee

According to the 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 Regulations allow the College’s Complaints Committee to request an opinion from the Capacity Evaluation Committee relating to a licensee’s capacity to practise. The Regulations also require 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 Act.

The Regulations prescribe the Complaints Committee’s membership. Individuals and licensees selected from the public, appointed by the Board, make up the Complaints Committee. Committee members need to have the necessary expertise and experience, are appointed as independent members of the Committee, and cannot 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 Regulations prescribe additional Discipline Committee powers, duties and functions. The Discipline Committee is able to request an opinion about a licensee’s capacity to practise. The Discipline Committee is required to provide a copy of its discipline decision to anyone referred to in that decision. If the Discipline Committee determines that an individual suffered financial loss due to a licensee’s dishonest act, the Committee is required to include in its decision the determination of the amount and reasons for that determination, and to submit the amount to the Compensation Fund Committee.

Under the Regulations, individuals selected from the public and licensees, appointed by the Board, make up the Discipline Committee. Committee members are required to have the necessary expertise and experience, are appointed as independent members of the Committee, and cannot 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 Regulations establish the Compensation Fund Committee and prescribe its powers, duties and functions, including

The Regulations 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 Regulations require that the Compensation Fund Committee take into account the Discipline Committee’s finding of a dishonest act, the amount of financial loss determined by the Discipline Committee, or, if there is no amount of financial loss, the evidence provided by the individual who applied for compensation. The Compensation Fund Committee is required to consider any loss or expense associated with the dishonest act (in the case of an application for compensation), 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 Regulations require compensation to be paid to the individual to whom it is owed as soon as feasible.

Capacity Evaluation Committee

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

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

The Regulations 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 Regulations, the licensee is allowed to provide information concerning their capacity to practise but is not required to do so.

Licences

The Regulations require that applicants ensure any information contained in their application for a licence is true, complete and accurate.

The Regulations also require that licensees comply with the conditions and restrictions to which their licence is subject.

Register of licensees

The Regulations 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 and restrictions on the licence, and any disciplinary measures imposed. The register is also required to include the name of every licensee whose licence was surrendered or revoked, and the reasons for the decision. Additionally, the Regulations require the College to provide access to the register of licensees by alternate means, and to ensure, if practicable, that the register complies with the Government of Canada’s standards on web accessibility.

Notice to Minister

The Act requires the Registrar to notify the Minister when a licence is suspended, revoked or surrendered. The Regulations 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 licence status is inactive for any other reason.

The Regulations also prescribe when and how the Registrar must communicate a licence status change to the Minister. The Regulations 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 powers of verification

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

Referral to Complaints Committee

The Regulations 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 Registrar

The 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 Regulations 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. They must take that opinion into account in making their decision.

The Regulations 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 Regulations prescribe the circumstances in which the Registrar can take their decision as follows:

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

The Regulations allow the Registrar to take or require any of the actions under the Regulations, suspend or revoke the licence under the Act, or a combination of these actions if a licensee

The Regulations allow the Registrar to delegate their powers, duties and functions only to employees of the College who 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. In the case of suspensions or conditions and restrictions on licences, the Registrar may delegate their powers to a member of the Capacity Evaluation Committee if the Committee has rendered an opinion that the licensee is incapable of practising.

Complaints

The Regulations allow the College to refer a complaint in respect of a licensee or former licensee to another governing body if the College receives a complaint regarding the conduct of:

Investigations

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

The Regulations 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 Regulations require that the thing be kept in a safe place.

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

The Regulations 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 Regulations 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 Regulations require the investigator to examine or copy the thing in question and return it, as soon as feasible.

Decision of Complaints Committee

The Regulations 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 does not apply if, after taking into account any opinion concerning the licensee’s capacity to practise received from the Capacity Evaluation Committee, 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 requires a licensee to appear before it to be cautioned, the Regulations create an obligation for the licensee to comply with that requirement, such that the Registrar can take action if the licensee fails to do so.

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

Disciplinary proceedings

The Regulations 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 Regulations allow the Discipline Committee to take or require the following, in addition to measures under the Act:

The Act permits the Discipline Committee to suspend a licence, and the Regulations limit the suspension period to not more than two years. Similarly, the Act permits the Discipline Committee to require the licensee to pay a penalty. The Regulations 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 Regulations require that the College ensure that the name of and any identifying information of a person other than the licensee are not included in any decision of the Discipline Committee or in any communication regarding the decision.

Privileged information

The Regulations 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 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 Regulations prescribe the following reasons why the College can apply for a court order:

The Regulations authorize the College to make by-laws concerning

Powers of Minister—temporary administration

The Regulations 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 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 Regulations require the Minister to inform the Board of the appointment in writing, without delay, and the reasons for that appointment.

The Regulations 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 Regulations require the Minister to

An individual who is ineligible based on the criteria set out for directors under the Regulations or the Act is ineligible to be appointed by the Minister.

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

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

Disclosure of personal information

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

The Regulations 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 Regulations require that it ensure that the exchange of information does 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 proceedings, or deprives anyone of their rights or freedoms.

The Regulations also require that any agreement or arrangement entered into under the 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 Regulations repeal sections of the Citizenship Regulations, Citizenship Regulations No. 2, and 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 development of the Regulations, and regarding the anticipated costs required for implementation. The Canada Border Services Agency has also been consulted on potential impacts on its programs and the Regulations incorporate its input.

IRCC delivered two technical briefings on the Regulations specifically designed for immigration and citizenship consultants. These briefings were organized by the College and held in both official languages. A total of 370 participants attended these information sessions (306 participants at the English session and 64 participants at the French session).

Prepublication in the Canada Gazette, Part I

The proposed Regulations were published in the Canada Gazette, Part I, on December 21, 2024, for a 45-day consultation period. During this time, 171 comments were received from 49 individuals and organizations. All comments received were taken into consideration. Some changes to the proposed Regulations were made as a result of the comments received.

General feedback

Commenters, including immigration and citizenship consultants, expressed that the College has played a key role in improving professional standards since its establishment. They highlighted the implementation of continuing education requirements, public awareness initiatives, and regulatory enforcement as positive developments that strengthen the credibility of immigration and citizenship consultants and reinforce trust in the profession.

Supportive commenters viewed the proposed Regulations as necessary to ensure a fair, transparent, and accountable regulatory system that safeguards both immigration and citizenship consultants and the public. Many welcomed the proposed Regulations as a step toward further strengthening compliance and professionalism among immigration and citizenship consultants.

Negative commenters focused on various topics. These are outlined in the following sections.

Compensation fund

Comment: A total of 20 comments from immigration and citizenship consultants were received regarding the compensation fund. Some immigration and citizenship consultants expressed concerns that the compensation fund would have negative consequences for small businesses and immigration and citizenship consultants in terms of their annual fees to the College in the years to come. Several immigration and citizenship consultants suggested that penalties and fines collected from bad actors should be the primary source of funding instead.

Response: The primary source of funding for the compensation fund is the sum of all penalties ordered by the Discipline Committee for professional misconduct or incompetence. While the Regulations prescribe additional sources of financing that may be leveraged by the College, such as licensee annual fees, these sources are neither primary nor required by the Regulations. The Regulatory Impact Analysis Statement (RIAS) has been updated to better reflect how the compensation fund is funded.

Comment: The emergency allocation provision was meant to, at the discretion of the Compensation Fund Committee, allocate emergency funds for certain expenses immediately to a claimant, without requiring that a decision be rendered by the Discipline Committee. Immigration and citizenship consultants noted that after an emergency allocation payment has been made, recovering the payment could pose new issues if an equivalent penalty amount is ultimately not imposed by the Discipline Committee on the licensee.

Response: IRCC agreed that an emergency allocation to individuals awaiting a decision of the Discipline Committee was problematic for a number of reasons. Eligibility for compensation from the compensation fund hinges, in part, on a determination by the Discipline Committee that the elements in the definition of “dishonest act” have been met. In the absence of such a determination, there is no eligibility. Additionally, any amount paid on an emergency basis would be challenging to recover if the Discipline Committee did not find financial loss arising from a dishonest act or if the financial loss assessment was less than the amount of the emergency allocation paid to the client. In response, the proposed provision on the emergency allocation has been removed.

Comment: Some immigration and citizenship consultants were concerned that the order in which the additional financing sources for the compensation fund were presented in the Regulations reflected a prioritization.

Response: The order in which these sources appear does not indicate a priority or a requirement to leverage any of the listed financing options. The text of the RIAS has been updated to clarify these misconceptions but the Regulations were not changed as a result of these concerns.

Scope of application

Comment: Some immigration and citizenship consultants recommended that all individuals who provide immigration services, including lawyers and paralegals, be subject to the same oversight and accountability measures as immigration and citizenship consultants.

Response: While the Act provides the authority to regulate immigration and citizenship consultants, this does not extend to lawyers and paralegals. As a result, no changes were made to the scope of application of the Regulations.

Financial reporting

Comment: A total of seven comments, including from immigration and citizenship consultants, expressed concerns about the College’s fiscal prudence and financial transparency. According to these commenters, additional transparency measures are needed, such as requiring the College to publish financial reports and identifying wages and pay structures.

Response: Under the Act, the College is already required to make its audited annual financial statements publicly available. Moreover, the Regulations require the College’s annual report to include its annual financial statements, which detail the salaries of committee members and directors.

Unauthorized practitioners

Commenters: A total of 20 comments from immigration and citizenship consultants raised concerns related to unauthorized practitioners. Several commenters suggested that IRCC should take stronger action against unauthorized consultants, including collaboration with social media platforms to prevent fraudulent advertising.

Response: Unauthorized practitioners are a major concern for IRCC. However, unauthorized practitioners are outside the scope of the Regulations, as they are not regulated by the College. IRCC and the College continue to combat unauthorized practitioners through other means.

Cost-benefit analysis

Comments: Immigration and citizenship consultants and individuals expressed concerns over the financial burden that the regulatory amendments could impose on licensees. They were concerned that the Regulations will result in increased license fees. A commenter also indicated concerns that licensees will be required to pay into the compensation fund directly.

Response: IRCC clarifies that the Regulations do not require or impose increases to licensee fees, or that licensees pay directly into the compensation fund. IRCC recognizes that the implementation of the Regulations may result in the College leveraging sources of funding, in addition to penalties, to cover compensation fund costs. These sources may include increasing annual fees for licensees, which is at the College’s discretion. The RIAS has been updated to better reflect how the compensation fund is funded.

Comment: Some commenters expressed concerns over perceived overestimation of implementation costs to the College.

Response: The estimated costs to the College presented in the cost-benefit analysis were developed in collaboration with the College, and represent the best estimation available.

Other comments and requests for clarification

Comment: Several immigration and citizenship consultants suggested alternate terminology, or to define terms in certain sections of the Regulations.

Response: The terminology used in the Regulations is consistent with the terminology already included in the Act, and is therefore not altered or further defined in the Regulations.

Comment: Finally, several immigration and citizenship consultants requested more details regarding eligibility requirements for membership in committees.

Response: The College’s by-laws will provide additional details on many areas covered by the Regulations, including eligibility requirements for membership in committees.

Additional consultation

Following the changes made in response to prepublication, IRCC engaged in additional consultations with the College to ensure alignment between the Regulations and the College’s forthcoming by-laws. As a result of these consultations, IRCC adjusted the coming into force of section 23 (i.e. the provision outlining the content that must be included in the College’s public register), such that this provision comes into force one year following the registration of the Regulations. This will allow the College sufficient time to update its systems with new data fields to meet reporting requirements. Additionally, the remaining provisions of the Regulations come into force 90 days following registration to better align with the coming-into-force date of the College’s complementary by-laws.

The Regulations were also updated to include a section on licences, which requires that individuals applying for a licence must ensure the information contained in their application and any supporting documents is true, complete and accurate. Additionally, the Regulations require that licensees comply with any conditions and restrictions to which their licence is subject.

Indigenous engagement, consultation and modern treaty obligations

In accordance with 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 Regulations.

Instrument choice

The structural details of the framework must be implemented through regulations, as prescribed by the Act. Therefore, the 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 the Regulations, thereby lacking some tools and guidance to enforce certain portions of the regulating authorities established in the Act. The baseline scenario is then compared with the regulatory scenario in which the 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 Act, including the operationalization of the compensation fund.

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

This analysis examines the impacts of the Regulations for 10 periods of 12 months starting the year that they are 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 Regulations will impose costs on the College estimated at $24,236,365 PV over 10 periods of 12 months. No costs to the Government of Canada are anticipated. The total benefits of the Regulations are estimated at $7,377,141 PV over 10 periods. They consist of payments made by the College through the compensation fund to clients who suffered financial loss due to a licensee’s dishonest act, and revenue received by the College in the form of penalties paid by licensees. Therefore, the net cost is estimated at $16,859,225 PV over 10 periods.

The monetized impacts of the Regulations indicate a net cost. However, qualitative benefits include that the Regulations will introduce a clear regulatory framework and enhanced oversight of regulated immigration and citizenship consultants. This will improve their governance, ultimately leading to better service for clients and an improved public perception of immigration and citizenship consultants.

Costs
Costs to the College

The College licenses and regulates the practice of Regulated Canadian Immigration Consultants and Regulated International Student Immigration Advisors (immigration and citizenship consultants) practising in Canada or abroad. The Regulations provide tools and guidelines for the College to fully operationalize the regulation of immigration and citizenship consultants in the public interest. This includes 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 Regulations introduce payments to be made by the College to affected individuals through the compensation fund. These payments will be made to individuals who suffered financial loss due to a licensee’s dishonest act.

It is assumed that payments made from the compensation fund will 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 that there may be an increase in disciplinary actions and penalties imposed on licensees due to the introduction of 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 over 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, it is anticipated that the College will need to hire additional Complaints Committee investigators. The College will also need to hire full-time administrators and financial experts and contract legal representation when necessary. These activities will be required due to the expected increase in cases and applications for compensation resulting from the implementation of the Regulations. These costs are estimated at $6,469,730 PV in 10 periods.

Document and material management costs

The Regulations 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 investigations, as per the Act, 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 over 10 periods.

Increased hearings

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

Establishment of Compensation Fund Committee

The Regulations require the College to establish a Compensation Fund Committee, whose members will have to attend quarterly meetings and travel as required to operationalize 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 over 10 periods.

Additional information in the register

The Regulations require that the College publish additional licensee information on its online public register. The College will 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 over 10 periods.

Compliance verification

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

Access to information and privacy (ATIP) requests

The 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 over 10 periods.

Costs to licensees

Incremental costs to the College resulting from the implementation of the Regulations may require that the College leverage other sources of funding to cover those costs. These sources may include increasing annual fees for licensees, at its discretion.

The increase in complaints due to the operationalization of the compensation fund may, in some cases, result in costs to licensees to defend themselves against those complaints. These costs would only have standing for the purposes of this cost-benefit analysis in those cases where the investigations by the College result in no misconduct findings. Otherwise, defence costs do not have standing in this analysis, as misconduct is considered contrary to prevailing laws and regulations in Canada.

There may be instances where the compensation fund makes payments to clients where there is no corresponding penalty to a licensee (and thus no corresponding payment to replenish the fund). To ensure the fund is sufficiently financed, the compensation fund is also replenished with penalties for other types of misconduct that do not trigger possible client compensation payments. In other words, the Regulations are expected to result in an amount of penalties ordered into the fund that will be sufficient to cover compensation paid out of the fund to clients.

Additional protections to ensure the viability of the compensation fund could include money recovered from a licensee to reimburse the fund, money recovered from an insurer, interest accrued on amounts held by the fund, discretionary annual or ad hoc fees collected from licensees for the purposes of financing the fund, and any other amounts assigned by the College. The Board also has the authority to set out maximum compensation amounts (e.g. per claim and per year) in by-laws. These protections are in addition to the protections already set out in the Act, which provide the authority to enforce discipline orders (force licensees to pay their penalties into the fund) through the Federal court. With these financing options and protections, the fund is designed for sustainability and to avoid an increase in licensee fees for the purposes of financing the fund.

Monetized benefits
Compensation payments to clients

The Regulations 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 Regulations will result in 146 payments in period 1, with a growth 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 over 10 periods.

Some of the clients who will be compensated may be outside of Canada. Such compensation benefits are technically out of scope for the purpose of this cost-benefit analysis. However, because it is challenging to determine the amounts that will 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 financed through existing and future funds. The main source of funds is derived from penalties imposed by the College on licensees. The College is also permitted to leverage other sources of funds, including 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.

For the purpose of this analysis, it is assumed that the 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 collected from licensees into the compensation fund is estimated at $1,620,837 PV in 10 periods.

Cost-benefit statement
Table 1: 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
Table 2: Monetized benefits
Impacted stakeholder Description of benefit Base year (period 1) Other relevant year (period 5) Final year (period 10) Total (present value) Annualized value
Immigration and citizenship consultants’ clients 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
Table 3: Summary of monetized benefits and costs
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 COST $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 Regulations will not directly impose administrative or compliance costs on Canadian small businesses.

The increase in complaints due to the operationalization of the compensation fund may, in some cases, result in costs to licensees, many of whom are small businesses, to defend themselves against those complaints. These costs would only have standing for the purposes of this cost-benefit analysis, where the investigations by the College result in no misconduct findings. Otherwise, defence costs do not have standing in this analysis, as misconduct is considered contrary to prevailing laws and regulations in Canada.

Although the Regulations do not require increases in licensee fees, costs to the College from the implementation of the Regulations may result in the College leveraging funding sources, such as increasing annual fees for licensees to cover implementation costs, at its discretion. This may potentially impact Canadian small businesses.

One-for-one rule

The one-for-one rule does not apply, as there would be no incremental change in the 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 is introduced, it is not counted as a title “in” under the one-for-one rule, as it does not introduce an administrative burden on businesses.

Regulatory cooperation and alignment

To assess whether there are opportunities for cooperation or alignment, IRCC identified jurisdictions that regulate similarly to Canada. IRCC 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.

International obligations

The Regulations do not impact any obligations in Canada’s international trade agreements.

Effects on the environment

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

Gender-based analysis plus

The design of the Regulations considered gender-based analysis plus (GBA+) implications. Therefore, the Regulations minimize potential differential impacts. Some examples of ways in which the Regulations do so include the following:

As a result, the Regulations will have minimal differential impacts.

Implementation, compliance and enforcement, and service standards

The Regulations will come into force 90 days following their registration.

IRCC has worked with the College to ensure that it can implement the Regulations seamlessly when they come into force.

The College has estimated the additional resources that will be required to implement the Regulations, notably for investigations and to manage the compensation fund. The College is ready to implement and staff the committees created by these Regulations, and the committees will be ready to function when the Regulations come into force.

As per the College’s 2024 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.

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

Independent of these Regulations, in 2024, the College implemented a new Enterprise Management System (EMS) to improve workflows and processes and to manage data. This system will be used to include the additional information required in the public register of licensees. While most of the required information is already available through EMS, the College is in the process of updating the system to include the remaining fields. These updates are expected to be completed within one year of the registration of the Regulations. Therefore, the Regulations include a distinct coming-into-force date for the register content provisions, which is one year following registration.

The College has updated its by-laws to ensure they are aligned with the Regulations. The updated College by-laws will come into force shortly after the coming into force of the Regulations. The College will use the by-laws as instruments to implement and operationalize the Regulations.

Contact

Tara Lang
Director General
Integrity Policy and Programs Branch
Immigration, Refugees and Citizenship Canada
Email: IRCC.CollegeRegulations-ReglementsduCollege.IRCC@cic.gc.ca