Here we go again... it lasted only 6 years... MPs recommend new immigration watchdog to crack down on crooked and 'ghost' consultants Committee calls on government to create an independent body to investigate, oversee burgeoning sector "Canada's current regulatory body that governs immigration and citizenship consultants and paralegals is unable to serve its purpose," the report concludes. "The committee calls for a new regulatory framework governing immigration and citizenship consultants and paralegals that gives the government a stronger oversight role." ---------------- Immigration representatives must be either members in good standing of a provincial or territorial law society, including paralegals; members of the Chambre des notaires du Québec; or members of the governing body for immigration consultants (Immigration Consultants of Canada Regulatory Council (ICCRC)). Bill C-35 strengthens the rules governing those who charge their clients for immigration advice or representation, making it an offence for anyone other than an accredited immigration representative to conduct business, for a fee or other consideration, at any stage of an application or proceeding. It also increases penalties and fines for unauthorized representation and allows for more government oversight in order to improve the way in which immigration consultants are regulated. With the designation of the ICCRC as the regulator of immigration consultants, consultants who are currently members in good standing of the Canadian Society of Immigration Consultants (CSIC) can begin to register with the ICCRC on June 30, 2011. Immigration Advisories Who Can Represent You?Further to CIC releasing IP9 – Use of Representatives, ICCRC has developed immigration advisories for various affected industries.
CAPIC Newsletter dated December 14, 2011: Action brought by Canadian Society of Immigration Consultants against the Minister of Citizenship and Immigration has been dismissed by the Hon. Justice Luc Martineau of the Federal Court. 110] The duty to act fairly and the doctrine of legitimate expectations are not applicable in the circumstances of this case, at least not in the ways suggested by the applicant. The applicant seems to assimilate the revocation of its regulatory designation as if it was some sort of "decision" made by the Government adversely affecting the rights of an individual who makes a living (or a corporation who pursues economic activities), but this is not the case here:
Link to read the complete decision MarketWatch (press release) Sept. 14, 2011, 2:23 p.m. EDT OTTAWA, ONTARIO, Sep 14, 2011 (MARKETWIRE via COMTEX) -- Citizenship, Immigration and Multiculturalism Minister Jason Kenney today called on the Canadian Society of Immigration Consultants (CSIC) to do its utmost to ensure a smooth transition to the Immigration Consultants of Canada Regulatory Council (ICCRC), the new regulator of immigration consultants. Read the whole article... Subject: CSIC - Requests for Documents / SCCI - Demandes des documents From: "E-Bulletins" <information@csic-scci.ca> Date: Wed, September 14, 2011 1:46 pm Dear Applicant / Member: The Society has an on-going obligation to protect the interest of consumers of immigration consulting services, which means that the Society is obliged to retain all personal information about its members and would-be members in its possession for as long as the information is needed for the purpose for which it was collected. As a result, we are unable to return any original copies of the documentation to applicants, our members, or any third party. The Society is prepared to provide certified true copies of certain key documents for a non-refundable fee of $250 plus the applicable taxes to any individual who requires them to facilitate an application for membership with the ICCRC. The Society stores these documents off-site in a secure location, therefore the fee, is a cost recovery measure for the time it will take for your file to be returned to the CSIC office, reviewed, photocopied and certified by one of the Society’s in-house Notary Public. Requests for certified documents should be directed to registration@csic-scci.ca Respectfully, Canadian Society of Immigration Consultants and in response to this announcement: "Under IRPA, membership in CSIC is no longer required for individuals wishing to practise as immigration consultants under federal jurisdiction. The ICCRC, as the new governing body, is able to determine whether an individual, other than someone who was a member in good standing of CSIC as of June 30, 2011, may become a member of the ICCRC. If CSIC members are uncertain of their status, Citizenship and Immigration Canada (CIC) encourages them to contact the ICCRC. Minister Kenney also took the opportunity to remind CSIC that it would be in the public interest for this organization to act in good faith and transfer all relevant documents to the ICCRC, including all previous, outstanding and ongoing complaints and discipline matters related to their membership." September 14th Press Release July 20, 2011 SOR/2011-142 June 28, 2011 IMMIGRATION AND REFUGEE PROTECTION ACT Regulations Designating a Body for the Purposes of Paragraph 91(2)(c) of the Immigration and Refugee Protection Act The Minister of Citizenship and Immigration, pursuant to subsections 91(5) (see footnote a) and (7) (see footnote b) of the Immigration and Refugee Protection Act (see footnote c), hereby makes the annexed Regulations Designating a Body for the Purposes of Paragraph 91(2)(c) of the Immigration and Refugee Protection Act. Ottawa, June 27, 2011 July 07, 2011 Dear CSIC Member, The regulations designating a new regulatory body for immigration consultants have yet to be published in Part II of the Canada Gazette. As such, CSIC is not in a position to offer further comment. The CSIC Board of Directors is scheduled to meet later this week to further examine the issue. CSIC will report back to members after this meeting has taken place. Canadian Society of Immigration Consultants Operational Bulletin 317 – June 30, 2011 Coming Into Force of Bill C-35, An Act to Amend the Immigration and Refugee Protection Act (Authorized Representatives) 1. Designation of the ICCRC and associated transitional provisions with regard to immigration consultants Pursuant to subsection 91(5) of the IRPA, the Minister has designated the Immigration Consultants of Canada Regulatory Council (ICCRC) as the governing body for the regulation of immigration consultants. The Canadian Society of Immigration Consultants (CSIC) is no longer the governing body. Members in good standing of the ICCRC are therefore recognized as persons who may represent or advise an applicant, for consideration, under paragraph 91(2)(c) of the IRPA. As a transitional measure, the Minister has indicated by regulation that all members in good standing of CSIC on June 30, 2011 are also, temporarily, deemed to be members of the ICCRC. This measure will last for one hundred and twenty (120) days, until October 28, 2011. The transition period is in place for the following reasons: To provide operational continuity for authorized immigration consultants and their clients. To give CSIC members time to register with the ICCRC and become members in good standing of the new governing body. To give the ICCRC time to bring their operations on-line. On October 29, 2011 the transition period will end, and CSIC members who were in good standing on June 30, 2011 must have formally registered with the ICCRC to continue to be recognized. From October 29, 2011 onwards, only immigration consultants who have formally registered with the ICCRC and been recognized by that body as members in good standing will be recognized as authorized to represent or advise clients as immigration consultants by Citizenship and Immigration Canada (CIC). June 30, 2011: Dear CSIC Member, While CSIC is aware of the Immigration Minister’s announcement to designate a new regulatory body for immigration consultants there are several factors that have yet to be clarified. As such, CSIC is awaiting the publication of the new regulations in Part II of the Canada Gazette before it comments further. In order to protect the interests of consumers, members, employees and the corporation members should be aware that yesterday, the CSIC Board of Directors unanimously decided to file two fresh applications for judicial review before the Federal Court. The first falls under the Immigration and Refugee Protection Act rules, which also includes a stay and the second falls under the general rules. CSIC will keep members apprised of further developments. Canadian Society of Immigration Consultants June 28, 2011: Registration for Immigration ConsultantsJune 28, 2011 - Canada’s Minister of Citizenship, Immigration and Multiculturalism has announced today that as of June 30, the Immigration Consultants of Canada Regulatory Council (ICCRC/the Council) is the new regulatory body for immigration consultants. Individuals who are eligible for registration (and examples of those who are ineligible) are listed below. Eligible to register March 18th, 2011: Now that the Immigration Consultants of Canada Regulatory Council (ICCRC) has been proposed as regulator, what happens next? After publishing the proposed regulatory amendments in the Canada Gazette (Part I), there is a 30-day period where the public can submit comments on the proposed changes. Comments received will be compiled and revisions to the regulations may be made. This process is expected to take a few months to complete. Accordingly, it is anticipated that the ICCRC could become the regulatory body this summer. In the mean time, the Canadian Society of Immigration Consultants (CSIC) remains the regulatory body for immigration consultants. If and once the proposed regulatory amendments are approved they would be published in their final form in the Canada Gazette (Part II). This would give the ICCRC the authority to regulate immigration consultants and CSIC members (CSIC) could start registering with them. It is proposed that immigration consultants would have an additional transition period of time to register with the ICCRC. This would give immigration consultants time to register with the new regulator.
So CSIC remains the regulator for immigration consultants – for how long? CSIC remains the regulatory body of immigration consultants until such time as the regulatory amendments come into force. At that time, the reference to CSIC would be removed from the Regulations and replaced with the ICCRC. Once regulatory changes are in force how long will CSIC members have to register with the ICCRC? Would they still be considered authorized immigration consultants in the interim? If and once the proposed regulatory changes are approved, immigration consultants can become members of the ICCRC. It is proposed that former CSIC members, in good standing immediately before the proposed regulatory changes come into force, still be considered authorized immigration consultants for a transitional period of time. It would be in the best interest of CSIC
members to register with the new regulator promptly, as should the
transitional period pass and they are not yet registered, they would no
longer be recognized as an authorized immigration consultant.
Contacts
Nancy Tibbo Report of the Selection Committee – Assessment of proposals from candidates interested in becoming the regulator of immigration consultants Court File No. IMM-2244-11 I I FEDERAL COURT Petition online. References:
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