Minister of Immigration, The Honourable Jason Kenny, has set out his Proposals for finding another Regulator

From: colleagues-bounces@iclist.ca [mailto:colleagues-bounces@iclist.ca] On Behalf Of Bruce Perreault, B.A., LL.B., K.H.S.


Sent: June 11, 2010 2:16 PM

To: 'Immigration Consultants' Listserv'

Subject: [Colleagues] Are we soon to be Orphans?



We are all entering the Orphanage!

The Minister of Immigration, The Honourable Jason Kenny, has set out his Proposals for finding another Regulator which can best serve the interests of all parties concerned.

Prior to giving further details, I should refer to Tragedy in the Making: The Final Chapter, which I wrote in June, 2009. The scenario anticipated in this article is well on the way to turning the Profession away from self regulation. The “search” for a new Regulator that the Minister claims he wants, comes from a Politician who knows the endgame. In fact, he has known it all along but he had hopes this day would never have to happen and we, all of us, including CAPIC and CSIC, could have settled our differences and reported to the Minister that the Profession was meeting the needs of the Membership, as well as the Public.

My Open letter to Nigel and Peter that is prepared and will be released on Sunday, holds out the possibility that we can save ourselves yet. We can save self-regulation. However, let me be clear Plan B that lies in the Minister’s Office will not make us happy. Plan B is no self-regulation and includes the appointment of a Superintendent or Registrar which will be set up by the Government to run the affairs to regulate Consultants and set new standards that we all will have to meet.

For those who can read between the lines, and who believe we would be better off under a Government run Regulator, they will be happy and need not worry. Those of us who dreamed of self-regulation will see that the many years of work and sacrifice were in vain and the exercise was futile.

It should also be noted that Under Bill C-35 the only protected persons are lawyers and Students-at-law. There is no protection to be found for former Members of CSIC in the regulations and that means we are at the whim of the Minister and the bureaucrats.

The Minister has now put forward his Proposal to find another Regulator but has not ruled out a successful bid by CSIC. The Proposal is as follows:



Proposal

A competitive public selection process will be pursued in order to identify the entity best able to demonstrate capacity to effectively regulate immigration consultants. Selection factors will be established to ensure that the entity identified for recognition as the regulator of immigration consultants has the capacity to effectively regulate. CIC intends to engage external expertise in its establishment of factors in identifying a body for recognition as the regulator of immigration consultants. These specific selection factors will ensure that the entity identified in the selection process will be able to efficiently and effectively manage its membership in support of Canada’s immediate and long-term immigration objectives as well as in support of the Canadian public’s confidence in the immigration system.

Subsequent to the identification of the governing body, the following regulatory alignment may be proposed and would be pre-published in the Canada Gazette, Part I, at a later date:

• Naming of a governing body for immigration consultants, and, if necessary, removal of the reference to the current governing body of immigration consultants; and

• Inclusion of transitional measures, if required, for members in good standing of the current governing body of immigration consultants — both to ensure continuity of service provision to persons associated with a proceeding or application under IRPA and to protect the membership of the current governing body in order to ensure of smooth transition.

Whether or not any submissions will be acceptable is very debatable.







Bruce Perreault, B.A., LL.B., K.H.S., CCIC

The Bank of Nova Scotia Building

1 St. Clair Avenue East, Suite 906

Toronto, Ontario M4T 2V7

(P) 416-932-2294

(Facsimile) 416-932-1844



E-mail: Bruce@PerreaultAndAssociates.Com



Website: www.PerreaultAndAssociates.com