College of Immigration and Citizenship Consultants Act

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Sections413

• 1Short title

  This Act may be cited as the College of Immigration and Citizenship Consultants Act.

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  Board means the board of directors referred to in subsection 17(1). (conseil)

• 2[p3]

  College means the College of Immigration and Citizenship Consultants continued under section 84 or established under section 86. (Collège)

• 2[p4]

  immigration and citizenship consultant means a person — other than a person referred to in paragraph 21.1(2)(a) or (b) or subsection 21.1(3) or (4) of the Citizenship Act or paragraph 91(2)(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act — who, directly or indirectly, represents or advises persons for consideration — or offers to do so — in connection with a proceeding or application under the Citizenship Act, the submission of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act or a proceeding or application under that Act. (consultant en immigration et en citoyenneté)

• 2[p5]

  licence means a licence issued under this Act. (permis)

• 2[p6]

  Minister means the federal minister designated under section 3. (ministre)

• 2[p7]

  prescribed means prescribed by the regulations. (Version anglaise seulement)

• 2[p8]

  privileged means subject to a privilege under the law of evidence, litigation privilege, solicitor-client privilege or the professional secrecy of advocates and notaries. (protégé)

• 2[p9]

  Registrar means the Registrar of the College appointed under section 30. (registraire)

• 3Designation of Minister

  The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.

• 4Purpose

  The purpose of the College is to regulate immigration and citizenship consultants in the public interest and protect the public, including by

• 4(a)

  establishing and administering qualification standards, standards of practice and continuing education requirements for licensees;

• 4(a.1)

  establishing and providing training and development programs for licensees;

• 4(b)

  ensuring compliance with the code of professional conduct; and

• 4(c)

  undertaking public awareness activities.

• 5Head office

  The College’s head office is to be at the place in Canada that is designated in the College’s by-laws.

• 6Capacity
• 6(1)

  In carrying out its purpose, the College has the capacity and the rights, powers and privileges of a natural person.

• 6(2)Extraterritorial capacity

  For greater certainty, the College may exercise the rights, powers and privileges referred to in subsection (1) in any jurisdiction outside Canada to the extent that the laws of that jurisdiction permit.

• 7Status

  The College is not an agent of Her Majesty in right of Canada, and the College’s directors, the members of its committees, the Registrar, the investigators and any officers, employees and agents and mandataries of the College are not part of the federal public administration.

• 8Canada Not-for-profit Corporations Act

  The Canada Not-for-profit Corporations Act does not apply to the College.

• 9Official Languages Act

  The Official Languages Act applies to the College.

• 10Members

  The members of the College are the licensees.

• 11Annual general meeting

  The College must hold an annual general meeting of members within six months after the end of each of its fiscal years, at a time and place in Canada fixed by the Board.

• 12Notice

  The College must give members notice of the time and place of the annual general meeting in accordance with the by-laws.

• 13Compensation fund

  The College must establish a fund to compensate persons who have been adversely affected by the conduct or activities of a licensee.

• 14Public records
• 14(1)

  The College must prepare and maintain, at its head office or at any other place in Canada designated by the Board, records that are made available to the public on the College’s website and in any other manner that the College considers appropriate and that contain

• 14(1)(a)

  its by-laws, and amendments to them;

• 14(1)(b)

  the minutes of the Board’s public meetings;

• 14(1)(c)

  a register of directors;

• 14(1)(d)

  a register of officers; and

• 14(1)(e)

  its audited annual financial statements as approved by the Board.

• 14(2)Accounting records and financial statements

  The College must prepare and maintain adequate accounting records and annual financial statements.

• 14(3)Retention period

  Subject to any other Act of Parliament or of the legislature of a province that provides for a longer retention period, the College must retain, for the prescribed period, the accounting records and audited annual financial statements as approved by the Board.

• 15Annual report
• 15(1)

  The College must submit to the Minister, within 120 days after the end of each of its fiscal years, a report on the College’s activities during the preceding fiscal year.

• 15(2)Tabling report

  The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.

• 16Duties and powers of Board
• 16(1)

  The Board must manage, or supervise the management of, the College’s activities and affairs and may, for those purposes, exercise all of the powers conferred on the College under this Act.

• 16(2)Delegation

  The Board may delegate any of the powers, duties and functions conferred on it under this Act, except the powers

• 16(2)(a)

  to amend or repeal regulations;

• 16(2)(b)

  to make by-laws; and

• 16(2)(c)

  to approve audited annual financial statements.

• 17Composition
• 17(1)

  The College has a board of directors composed of at least seven directors, including the Chairperson.

• 17(2)Order fixing number of directors

  The Minister may, by order, fix the number of directors.

• 17(3)Appointed directors

  Subject to subsection (4), the Minister may, by order, fix the number of directors that are to be appointed to the Board and appoint those directors.

• 17(4)Maximum number of appointed directors

  The number of appointed directors fixed under subsection (3) must not be greater than the minimum number that is required to constitute a majority of directors on the Board.

• 17(5)Elected directors

  The remaining directors are to be licensees elected in accordance with the by-laws.

• 18Mailing address

  Each director must provide the College with their mailing address and with notice of any change in that address.

• 19Term
• 19(1)

  Each director is to be appointed or elected for a term of not more than three years, and may be reappointed or — subject to the by-laws — re-elected for subsequent terms of not more than three years each.

• 19(2)Determination of term

  The length of a director’s term is to be

• 19(2)(a)

  set out by the Minister in the order appointing the director, if the director is appointed; or

• 19(2)(b)

  determined in accordance with the by-laws, if the director is elected.

• 19(3)Staggered terms

  For greater certainty, it is not necessary that all directors hold office for terms that begin or end on the same day.

• 19(4)Continuation in office — appointed directors

  Despite subsection (1) and subject to section 23, an appointed director continues to hold office until they are reappointed or their successor is appointed.

• 20Ineligibility

  An individual is not eligible to be appointed or elected as a director if they

• 20(a)

  are less than 18 years of age;

• 20(b)

  are neither a Canadian citizen nor a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

• 20(c)

  have the status of bankrupt;

• 20(d)

  in the case of an appointment to the Board,

• 20(d)(i)

  are a licensee, or

• 20(d)(ii)

  are employed in any capacity in the federal public administration;

• 20(e)

  in the case of election to the Board, have a licence that is suspended; or

• 20(f)

  are ineligible under any other criteria set out in the regulations.

• 21Validity of acts of directors and officers

  An act of a director or an officer is valid despite their ineligibility or an irregularity in their election or appointment.

• 22Removal — appointed directors
• 22(1)

  An appointed director holds office during good behaviour and may be removed for cause by the Minister.

• 22(2)Removal — elected directors

  An elected director may be removed in accordance with the by-laws.

• 23Ceases to be director

  A director ceases to be a director if

• 23(a)

  they die;

• 23(b)

  they resign;

• 23(c)

  they are removed from office under section 22; or

• 23(d)

  any prescribed circumstance applies.

• 24Remuneration and expenses

  The College must pay to the directors the remuneration and expenses that are determined in accordance with the by-laws.

• 25Chairperson
• 25(1)

  The Chairperson is to be elected by the Board from among the directors in accordance with the by-laws.

• 25(2)Duties

  The Chairperson must preside over the Board’s meetings and perform any other duties that are assigned to the Chairperson by the by-laws.

• 25(3)Removal

  The Board may remove the Chairperson in accordance with the by-laws.

• 26Meetings
• 26(1)

  The Board must hold a meeting at least once every calendar year.

• 26(2)Quorum

  A majority of the number of directors fixed by the Minister under subsection 17(2) constitutes a quorum at any meeting of the Board.

• 26(3)Notice of meeting

  The Chairperson of the Board must give notice of the time and place of meetings of the Board to the directors and any observer designated under section 76.

• 26(4)Public meetings

  Subject to the by-laws, meetings of the Board are to be open to the public.

• 26(5)Observer — in camera meetings

  An observer designated under section 76 is entitled to attend meetings of the Board that are held in camera.

• 26(6)Telecommunications

  Subject to the by-laws, a director may participate in, and any observer designated under section 76 may observe, a meeting of the Board by telephone or by an electronic or other communication facility that permits them to communicate adequately with each other during the meeting. A director so participating in a meeting is deemed for the purposes of this Act to be present at that meeting.

• 27Validity of signed resolutions
• 27(1)

  A resolution in writing, signed by all the directors entitled to vote on that resolution at a meeting of the Board, is as valid as if it had been passed at a meeting of the Board.

• 27(2)Filing resolution

  Subject to the by-laws made under paragraph 80(1)(z), a copy of every resolution referred to in subsection (1) is to be kept with the minutes of the public meetings of directors.

• 28Chief Executive Officer

  The Board may appoint a Chief Executive Officer, who is to exercise the powers and perform the duties and functions that are delegated to him or her by the Board.

• 29Complaints Committee and Discipline Committee
• 29(1)

  Two committees of the College are established, to be known as the Complaints Committee and the Discipline Committee.

• 29(2)Appointment

  The members of each committee are to be appointed by the Board in accordance with the regulations.

• 29(3)Term

  The members of the Discipline Committee are to hold office for a term of not more than five years. The members may be reappointed for subsequent terms of not more than five years each.

• 29(4)Acting after expiry of term

  A member of the Discipline Committee whose term expires may, in accordance with the rules referred to in section 59, conclude any proceeding that the member has begun.

• 29(5)Removal

  The members of the Discipline Committee hold office during good behaviour and may be removed for cause by the Board.

• 29(6)Limitation

  An individual is not permitted to be a member of the Complaints Committee and the Discipline Committee at the same time.

• 29(7)Other committees

  The Board may establish other committees of the College.

• 30Appointment
• 30(1)

  The Board is to appoint a Registrar of the College for a term of not more than five years. The Registrar may be reappointed for subsequent terms of not more than five years each.

• 30(2)Removal

  The Registrar holds office during good behaviour and may be removed for cause by the Board.

• 30(3)Role

  The Registrar is responsible for issuing licences, establishing and maintaining a register of licensees and verifying compliance or preventing non-compliance with this Act by licensees.

• 31Register available to public
• 31(1)

  The register of licensees must be made available to the public on the College’s website in a searchable format and, subject to the regulations, in any other manner that the Registrar considers appropriate.

• 31(2)Updated information

  The Registrar must ensure that the information included in the register is updated in a timely manner.

• 32Notice to Minister

  The Registrar must, within the prescribed period and in the prescribed form and manner, provide notice to the Minister in the following circumstances:

• 32(a)

  a licence is suspended;

• 32(b)

  a licence is revoked;

• 32(c)

  a licence is surrendered; and

• 32(d)

  any other prescribed circumstance.

• 33Licence
• 33(1)

  On application, the Registrar must issue to an individual who, in the Registrar’s opinion, meets the eligibility requirements set out in the by-laws for the class of licence for which the individual applied, a licence of that class.

• 33(2)Conditions

  A licence issued under this section is subject to any conditions or restrictions imposed under this Act.

• 33(3)Application

  An application for a licence must be made in the form and manner specified by the Registrar and must contain the information specified by the Registrar.

• 34Surrender of licence

  The Registrar may, in accordance with the by-laws, approve the surrender of a licence on application by a licensee made in accordance with the by-laws.

• 35Powers of Registrar — verification
• 35(1)

  Subject to the regulations, the Registrar may, for a purpose related to verifying compliance or preventing non-compliance with this Act by licensees,

• 35(1)(a)

  subject to subsection (2), enter a licensee’s business premises, without notice, at any reasonable time and require the production of any document or other thing that is relevant, and examine or copy the document or thing; and

• 35(1)(b)

  require the licensee, or a business partner or employee of the licensee or any person employed by the same employer as the licensee, to provide any information that is relevant.

• 35(2)Dwelling-house

  If the licensee’s business premises are in a dwelling-house, the Registrar may enter them only with the occupant’s consent.

• 36Privileged information

  Subject to the regulations, the powers set out in section 35 must not be exercised in respect of privileged information.

• 37Referral to Complaints Committee

  If the Registrar is of the opinion that there may be reasonable grounds to suspect that a licensee has committed professional misconduct or was incompetent, the Registrar may, subject to the regulations, initiate a complaint and refer it to the Complaints Committee for consideration.

• 38Decision of Registrar

  If the Registrar determines that a licensee has contravened a provision of this Act, of the regulations or of the by-laws, the Registrar may, in his or her decision, in the prescribed circumstances,

• 38(a)

  suspend the licensee’s licence;

• 38(b)

  revoke the licensee’s suspended licence; or

• 38(c)

  take or require any other action set out in the regulations.

• 39Compliance with decision

  A licensee who is the subject of a decision made under section 38 must comply with it.

• 39.1Filing decision in Federal Court
• 39.1(1)

  The College may file in the Federal Court a certified copy of a decision made under section 38.

• 39.1(2)Effect of filing

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

• 40Notice to licensees — revocation or suspension
• 40(1)

  The Registrar must notify all licensees of every decision made under subsection 69(3) to revoke or suspend a licence.

• 40(2)Notice to licensees — dismissal of complaint

  The Registrar must, if requested by the licensee who was the subject of a complaint that was dismissed by the Discipline Committee, notify all licensees of the dismissal.

• 41Delegation

  Subject to the regulations, the Registrar may delegate any of the powers, duties and functions conferred on the Registrar under this Act.

• 42Professional liability insurance
• 42(1)

  Subject to subsection (2), a licensee must be insured against professional liability.

• 42(2)Exemption

  A licensee may be exempted by the by-laws from the application of subsection (1).

• 43Code of professional conduct
• 43(1)

  The Minister must, by regulation, establish a code of professional conduct for licensees.

• 43(2)Amendment or repeal

  Only the Board may, by regulation and with the Minister’s prior written approval, amend or repeal the regulations establishing the code.

• 44Standards of professional conduct and competence

  A licensee must meet the standards of professional conduct and competence that are established by the code of professional conduct. A licensee who fails to meet those standards commits professional misconduct or is incompetent.

• 45Complaint to the College

  Any person may, in accordance with the by-laws, make a complaint to the College in respect of a licensee or former licensee.

• 46Referral to Complaints Committee

  The College may refer a complaint to the Complaints Committee if, in the College’s opinion, the complaint relates to professional misconduct by, or the incompetence of, a licensee.

• 47Referral to another body

  The College may, in the prescribed circumstances, refer a complaint to another body that has a statutory duty to regulate a profession.

• 48Consideration and investigation of complaints
• 48(1)

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

• 48(2)Consideration and investigation on Committee’s initiative

  If the Complaints Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, it must initiate a complaint and consider it, and may conduct an investigation into the licensee’s conduct and activities.

• 49Jurisdiction — former licensees

  For greater certainty, the Complaints Committee has jurisdiction to consider a complaint and conduct an investigation in respect of a former licensee.

• 50Investigator
• 50(1)

  The Complaints Committee may designate an individual as an investigator to conduct an investigation under the Committee’s direction.

• 50(2)Revocation

  The Complaints Committee may revoke the designation.

• 51Power to require information and documents
• 51(1)

  An investigator may, for the purpose of investigating a licensee’s conduct and activities, require any person

• 51(1)(a)

  to provide any information that, in the investigator’s opinion, the person may be able to provide in relation to the matter being investigated; and

• 51(1)(b)

  to produce, for examination or copying by the investigator, any document or other thing that, in the investigator’s opinion, relates to the matter being investigated and that may be in the possession or under the control of that person.

• 51(2)Authority to enter

  Subject to subsection 52(1), an investigator may, for that purpose, enter a place in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or any document or other thing relevant to the investigation is located.

• 51(3)Other powers

  The investigator may, for that purpose,

• 51(3)(a)

  examine anything in the place;

• 51(3)(b)

  remove the thing for examination or copying;

• 51(3)(c)

  use any copying equipment in the place, or cause it to be used;

• 51(3)(d)

  open or order any person to open any container or package found in the place;

• 51(3)(e)

  use any means of communication in the place, or cause it to be used;

• 51(3)(f)

  use any computer system or other device in the place, or cause it to be used, to examine data contained in or available to it;

• 51(3)(g)

  prepare a document, or cause one to be prepared, based on the data; and

• 51(3)(h)

  take photographs or make recordings or make a copy of anything in the place.

• 51(4)Duty to assist

  The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the investigator to perform their functions under subsections (2) and (3) and must provide any documents or information, and access to any data, that are reasonably required for that purpose.

• 52Warrant to enter dwelling-house
• 52(1)

  If the place is a dwelling-house, the investigator may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

• 52(2)Authority to issue warrant

  On ex parte application, a justice of the peace may issue a warrant authorizing the investigator to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

• 52(2)(a)

  the dwelling-house is a place referred to in subsection 51(2);

• 52(2)(b)

  entry to the dwelling-house is necessary for the purposes of the investigation; and

• 52(2)(c)

  entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

• 53Use of force

  In executing a warrant to enter a dwelling-house, an investigator may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

• 54Privileged information

  Subject to the regulations, the powers set out in section 51 must not be exercised in respect of privileged information.

• 55Obstruction and false statements

  It is prohibited to obstruct or hinder, or make a false or misleading statement either orally or in writing, to an investigator who is performing their functions.

• 56Responsibility for damages — directors and others

  No action or other proceeding for damages lies or may be instituted against any of the following persons for anything done or omitted to be done in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on that person under the Act:

• 56(a)

  a current or former director of the Board;

• 56(b)

  a current or former member of a committee of the College;

• 56(c)

  the Registrar or a former Registrar;

• 56(d)

  a current or former investigator;

• 56(e)

  a current or former officer, employee, agent or mandatary of the College; and

• 56(f)

  a person who is or has been engaged by the College.

• 57Referral to Discipline Committee
• 57(1)

  The Complaints Committee may, subject to the regulations, refer a complaint, in whole or in part, to the Discipline Committee.

• 57(2)Measures if not referred to Discipline Committee

  If the Complaints Committee does not refer the complaint, in whole or in part, to the Discipline Committee, the Complaints Committee must

• 57(2)(a)

  notify the complainant, if any, and the licensee that the complaint was not referred, and provide them with the reasons for the decision;

• 57(2)(b)

  require the licensee to appear before the Complaints Committee to be cautioned, notify the complainant, if any, of the decision and provide the licensee and the complainant with the reasons for the decision; or

• 57(2)(c)

  refer the complaint to a process of dispute resolution, on any conditions specified by the Complaints Committee, if the licensee consents.

• 57(3)If dispute resolution not successful

  If the complaint is referred to a process of dispute resolution and, at the conclusion of the process, the matter is not resolved to the satisfaction of the Complaints Committee, that Committee continues to be seized of the matter.

• 58Complaints referred by Complaints Committee

  The Discipline Committee must hear and determine all complaints referred to it by the Complaints Committee.

• 59Rules of procedure

  The Discipline Committee may make rules respecting the practice and procedure before it, including rules governing panels, and rules for carrying out its work and for the management of its internal affairs.

• 60Panel of Discipline Committee
• 60(1)

  Any panel of the Discipline Committee established in accordance with the rules referred to in section 59 has all of the powers, and must perform all of the duties and functions, of the Discipline Committee.

• 60(2)Decision of panel

  A decision of a panel is a decision of the Discipline Committee.

• 61Parties

  The Complaints Committee and the licensee are parties to the proceeding.

• 62Right of parties to make submissions

  The parties to the proceeding are entitled to make oral and written submissions to the Discipline Committee.

• 63Submissions — other persons

  The Discipline Committee may provide an opportunity for any other person to make oral and written submissions to it.