Notice requesting submissions from candidates interested in becoming the regulator of immigration consultants

GOVERNMENT NOTICES


DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT



Notice requesting submissions from candidates interested in becoming the regulator of immigration consultants



Further to the Notice of Intent published in the Canada Gazette on June 12, 2010, the Minister of Citizenship, Immigration and Multiculturalism is inviting submissions from candidate entities interested in performing the responsibilities of a governing body for the regulation of immigration consultants. The candidate entities must demonstrate that their organization has or will have the capacity to effectively regulate immigration consulting activities in the public interest, thereby enhancing public confidence in the immigration process and preserving the integrity of the immigration system.



Focusing on membership, competence and compliance, complaints and investigations, and discipline, the body identified for recognition must demonstrate that it has or will have the capacity to meet established organizational competencies that serve as selection factors for this process. The regulator must also demonstrate an understanding of its public protection role and of the vulnerability of its primary constituency: would-be users of Canada’s immigration programs. As regulator of a self-governing profession, the body is expected to provide a procedurally fair and accessible complaint and discipline mechanism, a code of conduct, errors and omission insurance for members, liability insurance for the body itself, a compensation fund, and the commitment to provide full services in both official languages to both members and clients.



The regulator must be accountable, transparent and democratic. As regulator of immigration consultants, the organization’s primary objective must be to ensure that the public is well served by an honourable and competent body of consultants.



Background



On June 8, 2010, the Minister of Citizenship, Immigration and Multiculturalism introduced the Cracking Down on Crooked Consultants Act in the House of Commons in order to strengthen the rules governing those who charge a fee for immigration advice, close immigration system loopholes currently exploited by crooked consultants, and improve the way in which immigration consultants are regulated. In addition to tabling this Bill, a Notice of Intent was published on June 12, 2010, in the Canada Gazette, announcing Citizenship and Immigration Canada’s (CIC) intention to launch a transparent public selection process to identify a governing body for recognition as the regulator of immigration consultants, under current authority. The Notice of Intent solicited comments from the public on the proposed selection process for the period ending July 2, 2010. A large number of comments were received suggesting measures to strengthen the transparency, accountability and effectiveness of the regulation of third party representatives.



Following this solicitation period and after considering comments received by the public, selection factors were developed to ensure that any entity serving as the regulator of immigration consultants has or will have the capacity to support Canada’s immediate and long-term immigration objectives as well as maintain public confidence in the immigration system.



While this process is proceeding under existing authorities under the Immigration and Refugee Protection Act, candidate entities should contemplate the potential of future regulation of consultants for purposes of the Citizenship Act as proposed in Bill C-37.



Selection process



A Selection Committee, comprised of officials from CIC, one or several federal government organization(s) as well as one or several external expert(s), will examine all submissions in relation to the competencies listed below, which serve as selection factors. Established candidate organizations may provide evidence of their direct experience to support their candidacy. Where a candidate entity does not yet have direct operational experience, the experience of the individuals making the submission, or of the proposed key employees or officers, in the context of the submission, will be assessed. If a selection factor is lacking in the candidate entity, the candidate must demonstrate how it will fulfil the particular selection factor, including the provision of supporting documents.



After considering the submissions and other relevant factors and assuming that at least one organization is identified by the Selection Committee as meeting the selection factors, the Committee will provide the Minister of Citizenship, Immigration and Multiculturalism with a recommendation as to which organization(s), if any, has or have demonstrated the necessary competence, integrity, accountability, good governance and viability to effectively regulate the profession so as to preserve the integrity of the immigration system. If the Committee is of the view that no organization meets the selection factors, this will be indicated.



Selection factors



1. Competence



Candidate entities must demonstrate competence as a regulator, as follows. Candidates must employ individuals with demonstrated knowledge of Canada’s immigration regime and issues pertaining to the regulation of immigration consultants.



Candidate entities must demonstrate that they have acquired or have developed a plan to acquire the expertise to set adequate standards of competence, practice and ethical conduct, and official language standards. They must describe proposed mechanisms for the rigorous assessment of competence of prospective members, procedurally fair and effective complaint and discipline mechanisms, as well as certification procedures and procedures to accredit consultant training and continuing education programs with high standards. The candidate entity must also be able to demonstrate that it will be able to obtain liability insurance and be able to establish a compensation fund to compensate the public in cases of member malpractice.



Candidate entities must demonstrate how they have, or will acquire, the experience necessary to adjudicate on disciplinary matters with procedurally fair policies and procedures.



The candidate entities must demonstrate their commitment to provide full services in both official languages to both members and clients. Complaint mechanisms, in particular, must be accessible to clients and members of the public, including consideration of various language profiles. Furthermore, candidate entities must ensure that their members are able to offer services in one of Canada’s official languages.



2. Integrity



Candidate entities must specifically demonstrate how they will protect the Canadian public and those who use the services of immigration consultants, enhance public confidence in the immigration process, and preserve the integrity of the immigration system. Candidate entities must describe the tools or measures they will use, including the development of awareness campaigns on issues of fraud and available recourses among immigrant communities, immigrant service providers, as well as the general public.



Candidate entities must be able to establish a conflict of interest code for members of the Board of Directors, a written code of ethics for directors, staff and volunteers, as well as a code of conduct with a description of effective disciplinary mechanisms for immigration consultants.



3. Accountability



Submissions must demonstrate how candidate entities intend to foster a culture of transparency and openness so that they can be properly accountable to their membership and to the Canadian public. Candidate entities must describe the tools they will use, including the provision of draft by-laws. Each candidate entity must also demonstrate a commitment to annual public meetings with full and transparent participation, in order to maintain an open dialogue with members, communicate with its principal constituencies, and report on its activities and finances to members, the public and the Government of Canada. To help ensure accountability to the public, candidate entities must also attempt to ensure that public interest directors are on the Board.



Candidate entities will need to demonstrate that they have developed or will develop a process which will enable them to be accountable and transparent to their members and the public through external audits and regular reporting, including the publication of an annual report and audited financial statements. Provisions must also be made for members’ access to corporate records and audited financial statements. Reports to members and the public must include information on disciplinary proceedings, with information identifying the member at issue, the nature of the alleged misconduct, the process for reviewing the case, and the conclusions arrived at pursuant to the proceedings.



The democratic election of directors and the establishment of procedures to provide members with effective means to hold directors accountable and, where appropriate, to democratically change the by-laws of the organization will ensure accountability.



4. Viability



Candidate entities must be able to demonstrate that they have acquired or have developed a plan to acquire expertise in financial management and reporting, and the ability to ensure the same on an ongoing basis. This will ensure the support of member consultants, increase public faith in the profession, and ensure that the candidate entity plays its full role in maintaining the integrity of Canada’s immigration system.



Submissions must demonstrate how the candidate entity will establish a plan, including the parameters of such a plan, to ensure a membership base which would provide for the sustainability of the body, promote membership to qualified practitioners, and demonstrate the ability to implement transitional measures, with respect to the membership, if necessary.



Candidate entities must be incorporated or capable of being incorporated as a non-profit corporation under federal law. Candidate entities that are not currently incorporated by federal law must provide an undertaking to do so as soon as is reasonably practicable. As it is expected that the regulator would be funded by its members on an on-going basis, candidate entities must demonstrate the ability to be financially stable by the development of a sustainable financial plan. Financial assistance may be available to assist the successful candidate during an interim period for the purpose of establishing the governing body. Candidates should provide details on the amount and type of expenses, along with the time period for which such financial support would be of assistance.



5. Good governance



Submissions must demonstrate how the Board of Directors will contribute to the positive reputation of the regulator and the profession, and how governance expertise will be developed and reflected in the composition and training of directors.



A candidate entity must demonstrate that it has taken steps to hire — or will hire — staff according to merit.



Candidate entities must also ensure that their directors are paid honoraria comparable to similar self-regulating bodies.



In addition to demonstrating sound corporate governance and financial expertise, candidate entities must demonstrate an ability to engage in strategic planning and organizational performance management and evaluation. The regulator must be able to demonstrate sound financial management and stewardship, monitor its progress in meeting objectives, and carry out its activities in a transparent manner.



Candidate entities must demonstrate how they will inform members and consumers of the services of immigration consultants so that members and consumers have a clear understanding of the activities, finances, purposes of the regulator as well as of their rights and obligations.



Evaluative process



Candidates will need to demonstrate that they have or will have the capacity to meet the established organizational competencies that serve as selection factors for this process. Candidates will be evaluated on their vision, their understanding of the scope and depth of the task at hand, and the experience and expertise they can bring toward establishing and running a regulatory body. It is up to the candidate entity to demonstrate that it has or can acquire sufficient understanding, skills, experience and member support to build and run a competent regulator for the immigration consultant profession.



Candidates must set out, in detail, how they respond to the selection factors, and must provide supporting documentation to demonstrate how the selection factors are met, such as a financial plan, a human resources plan, codes of conduct or other appropriate documents. Supportive documentation on resource requirements and potential sources of funding must be provided.



If candidates have prepared draft or existing material for similar organizations, such as by-laws or codes, they may wish to include them and explain the individual or group’s role in their creation and implementation, and how that experience would be applicable to the process of creating a regulator of immigration consultants.



Publicly available information will also be used by the Selection Committee to evaluate applicants.



Only those submissions which clearly indicate how the candidates satisfy the selection factors will be chosen for further consideration.



This Call for Submissions does not obligate the Minister, the Department of Citizenship and Immigration or the Government of Canada in any way, or to take any action.



An agreement or arrangement may be entered into between the successful entity and the Government of Canada.



Deadline



The deadline for submissions is 4:00 p.m. (EST) on December 29, 2010.



Submissions



CIC is not liable under any circumstances for any costs associated with the preparation of submissions.



Submissions should bear the following title: “Immigration Consultants Regulatory Body: Submission for Consideration.”



Submission should clearly indicate the contact details including: name, address, phone number, email.



Submissions may either be delivered via email or regular post:



Email: Consultants@cic.gc.ca



Regular mail:



Attention: Fraud Deterrence and Verifications Division, B1435

Citizenship and Immigration Canada (CIC)

14th Floor, Jean Edmonds Tower South (JETS)

365 Laurier Avenue W

Ottawa, Ontario

K1A 1L1



Correspondence



All correspondence pertaining to the submission should be directed to the following email address: Consultants@cic.gc.ca, and as per the following format:



Title: Immigration Consultants Regulatory Body: Submissions for Consideration



Issue/Question:



Name/Company:



Email address:



Telephone number:



Should there be a need, CIC will provide further information on www.cic.gc.ca.



SANDRA HARDER

Acting Director General

Immigration Branch