Question Period Note: IMMIGRATION AND CITIZENSHIP CONSULTANTS

Measures taken to improve and strengthen the governance and regulation of the immigration consultants industry.

• The Government of Canada continues to take meaningful action to root out immigration fraud, protect those who wish to come here, and uphold the security and integrity of Canada’s immigration system.
• While the vast majority of consultants operate within the high standards of the profession, the industry can be exploited by dishonest individuals.
• Canada has taken decisive action to improve oversight, strengthen enforcement, and increase accountability among immigration and citizenship consultants by investing $48.3 million over four years and $9.8 million ongoing.
• The College of Immigration and Citizenship Consultants is an arm’s-length body that is mandated to regulate consultants. It protects both the public and practitioners from those who seek to take advantage of prospective newcomers.
If pressed:
• Since opening in November 2021, it has new powers and tools to investigate misconduct and discipline those who engage in exploitative activities.
• The College has also strengthened the standards of the profession through concrete actions such as the development of a mandatory mentoring program and the creation of a new class of licence for consultants who represent clients at the Immigration and Refugee Board.
• For those who wish to employ a consultant to support their application process, only a licenced practitioner of the College should be used.

• The College of Immigration and Citizenship Consultants Act (College Act) received Royal Assent in June 2019 as part of the Budget Implementation Act and came into force in December 2020. The establishment of the College Act means that, for the first time, the regulator is equipped with a statutory framework that provides for the responsibilities and authorities required to govern the profession and hold licensed consultants to high standards of professional and ethical conduct.

• The College is a fundamentally different organization than the former Immigration Consultants of Canada Regulatory Council (ICCRC), with expanded authorities necessary for the regulation of consultants and additional levers for government oversight to ensure strengthened outcomes.

• While the full implementation of the new regime for consultants requires the development by the Department of supporting regulations (anticipated in early 2025), much has been accomplished to date, including
o the opening of the College in November 2021,
o the establishment of a code of professional conduct for licensees (which came into effect on June 10, 2022),
o the establishment of the board of directors, including five new directors appointed by the Minister (announced in March 2022),
o the designation of a civil servant observer to the board,
o legislative amendments to the College Act and to the administrative penalties and consequences regime under the Immigration and Refugee Protection Act and the Citizenship Act through Budget 2023, and
o the creation and staffing of five outreach positions in five
missions abroad to disseminate information locally on the risks of using an unauthorized representative (located in Abu Dhabi, Beijing, Bogota, Chandigarh and Lagos).

• The College has new and strengthened tools to investigate professional misconduct and discipline its licensees, including the ability to
o enter the premises of a consultant for the purpose of gathering information to support an investigation when it suspects wrongdoing,
o summon and compel witnesses to appear and testify before the Discipline Committee,
o suspend a consultant as a provisional measure prior to a finding of professional misconduct or incompetence—in situations where protection of the public is at risk,
o suspend and revoke licences to practise as part of disciplinary decisions,
o send cease and desist letters to unlicensed actors, and
request court injunctions against unlicensed actors.

• Next steps in implementation include
o a package of regulations to support new authorities of the College, and
o regulations for an administrative penalties and consequences regime administered by Immigration, Refugees and Citizenship Canada (independent of the College).

• As part of the initiative to improve the regulatory regime for immigration and citizenship consultants, Canada is also investing $48.3M over four years and $9.8M ongoing for both Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.

• These investments include resources for the Department to improve its ability to conduct investigations and to enable the Department to issue new administrative penalties, as well as more resources for the Canada Border Services Agency to pursue investigations of complex criminal cases related to immigration and citizenship consultants.

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