Notice requesting comments on a proposal to establish a public selection process with the objective of identifying a governing body for recognition as the regulator of immigration consultants

GOVERNMENT NOTICES


DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT



Notice requesting comments on a proposal to establish a public selection process with the objective of identifying a governing body for recognition as the regulator of immigration consultants



Notice is hereby given that Citizenship and Immigration Canada (CIC) intends to establish a public selection process with the objective of identifying a governing body for recognition as the regulator of immigration consultants. CIC is soliciting written comments from all interested parties on this proposed approach.



Summary



In general terms, this Notice of Intent announces CIC’s intention to establish a public selection process with the objective of identifying a governing body for recognition as the regulator of immigration consultants. The body identified for recognition would be required to demonstrate that it has the capacity to effectively regulate immigration consulting activities in the public interest. The Notice also signals the possibility of a future proposal to realign the Immigration and Refugee Protection Regulations (the Regulations) based of the results of the public selection process.



Background



Regulation of immigration consultants was first introduced in 2004. In April of that year, the Immigration and Refugee Protection Act (IRPA) was amended to ensure that no person who was not an authorized representative could, for a fee, represent, advise or consult with a person who was the subject of a proceeding or application under the IRPA (see section 13.1 of the Regulations). The term “authorized representative” was defined in the amendments (see section 2 of the Regulations) as a member in good standing of a bar of a province, the Chambre des notaires du Québec or the Canadian Society of Immigration Consultants (CSIC).



These Regulations were introduced both in response to unacceptable practices in the immigration consulting industry which left applicants vulnerable to bad advice, excessive fees and exploitation, as well as the threat these practices posed to Canada’s long-term immigration objectives.



The Canadian Society of Immigration Consultants, the current governing body, was established in 2003 as an independent, federally incorporated not-for-profit body operating at arm’s-length from the federal government and responsible for regulating paid immigration consultants (other than lawyers and members of the Chambres des notaires du Québec). CSIC currently has a membership of over 1 600 consultants and continues to act as the sole governing body of immigration consultants. CSIC’s mandate is to protect the consumers of immigration consulting services while ensuring the education, competency testing and discipline of its members.



The provision of professional and ethical services by immigration consultants reduces fraud and other unacceptable behaviours, and is essential in protecting the consumers of immigration services and in ensuring the public’s confidence in Canada’s immigration programs.



The Standing Committee on Citizenship and Immigration undertook a study of the immigration consulting industry and summarized its findings in a report titled Regulating Immigration Consultants. This Report, supported by a 2009 Report titled Migrant Workers and Ghost Consultants, points to a lack of public confidence in the body currently governing immigration consultants. A lack of public confidence poses a significant threat to the immigration system, given the regulator’s role with respect to the integrity of the system as a whole. The establishment of a public selection process contemplates these concerns — with the objective of identifying a governing body for recognition as the regulator of immigration consultants. It is intended that the body identified would have the capacity to effectively regulate immigration consultants so as to ensure public confidence in the integrity of the immigration program through the regulation of the provision of professional and ethical services by its membership.



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.

Comments



Immigration consultants and other interested parties are requested to provide their comments on this Notice of Intent in writing, to the person named below at the address provided, before July 2, 2010.



Comments would be appreciated on



•the proposed public selection process with the objective of identifying a governing body for recognition as the regulator of immigration consultants to ensure integrity in the immigration program through the provision of ethical and professional services by its membership.

Questions and requests for additional information, as well as comments regarding this Notice of Intent, may be directed to Catherine Marx, Senior Policy Analyst, Social Policy and Programs, Citizenship and Immigration Canada, 365 Laurier Avenue W, 8th Floor, Ottawa, Ontario K1A 1L1, 613-957-3577 (telephone), 613-941-9014 (fax), catherine.marx@cic.gc.ca (email).



SANDRA HARDER

Acting Director General

Immigration Branch



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