CIMM Committee Report

Recommendation 1

The Committee recommends that the Government of Canada stipulate in its laws and regulations that, in order to represent or advise a person on any matter before the Minister of Citizenship and Immigration, an immigration officer or the Immigration and Refugee Board, an immigration consultant from Quebec shall be officially recognized under Quebec laws rather than being required to be a member of the Canadian Society of Immigration Consultants. This recommendation does not in any way affect members of the Barreau du Québec or members of the Chambre des notaires du Québec, who may continue to represent their clients as they have done thus far.

Recommendation 2

The Committee recommends that the Government of Canada introduce stand-alone legislation to re-establish the Canadian Society of Immigration Consultants as a non-share capital corporation. Such an “Immigration Consultants Society Act” should provide for the same types of matters covered by founding statutes of provincial law societies, including, but not limited to: functions of the corporation, member licensing and conduct, professional competence, prohibitions and offences, complaints resolution, compensation fund and by-laws. Once the regulator is re-established as a corporation under a federal statute, the existing body that was incorporated under the Canada Corporations Act may be wound up.

Recommendation 3

The Committee recommends that the Government of Canada assist in re-establishing the new regulator and remain involved in its affairs until it is fully functioning.

Recommendation 4

The Committee recommends that the Government of Canada ensure that:

• the new immigration consultants’ regulator institutes a third-party, no-cost complaints procedure in respect of unauthorized or improper representation to support immigrants with precarious status in Canada in lodging complaints;
• immigrants be informed that their complaints to the regulator will have no negative impact on their immigration applications; and
• the regulator has a prosecutor/investigator who will represent the public interest in prosecuting misconduct.

Recommendation 5

The Committee recommends that the Government of Canada amend section 13.1 of the Immigration and Refugee Protection Regulations, as well as the relevant Citizenship and Immigration Canada inland processing manual (IP 9), and any other relevant documentation, so as to:

• require everyone to be an authorized representative if, whether for a fee or unpaid, they advise or consult with a person who is the subject of a proceeding or application before the Minister of Citizenship and Immigration, an immigration officer or the Immigration and Refugee Board;
• provide that only authorized representatives may perform pre-submission work in respect of a person who is subject of a proceeding or application before the Minister of Citizenship and Immigration, an immigration officer or the Immigration and Refugee Board;
• require everyone to disclose the use of any representative, whether performing pre-submission work or not, in relation to a proceeding or application before the Minister of Citizenship and Immigration, an immigration officer or the Immigration and Refugee Board; and
• bolster its procedures for determining whether an immigration client is using a concealed representative to greatly increase the likelihood that the involvement of a concealed representative is discovered.

Recommendation 6

The Committee recommends that the relevant federal regulatory and enforcement authorities (Citizenship and Immigration Canada, the Immigration and Refugee Board, Canada Border Services Agency, Royal Canadian Mounted Police, Canadian Society of Immigration Consultants, Canada Revenue Agency) work with provincial partners (provincial governments, law societies) to coordinate investigation, communication and enforcement efforts so as to ensure that unregistered immigration consultants are either referred to provincial law societies for sanction, or are prosecuted under existing federal provisions, depending on the nature of the person’s practice. Such federal provisions include, but are not limited to, the general contravention provisions in the Immigration and Refugee Protection Act, provisions under the Criminal Code, and federal tax law. No later than four months after this report is presented in the House of Commons, a lead agency should be named to coordinate investigation, communication and enforcement efforts.

Recommendation 7

The Committee recommends that Citizenship and Immigration Canada review existing processes related to the most common types of immigration applications with a view to simplifying them whenever possible.

Recommendation 8

The Committee recommends that the Government of Canada revise all websites of Canadian embassies and missions abroad so as to ensure that they include consistent, clear and prominent information about immigration consultants. These messages should:

• be available in the local language(s);
• inform prospective immigrants that they are not required to use an immigration consultant to help them in their immigration matter, and provide them with phone numbers that function from within the country, as well as other contact information enabling prospective immigrants to direct questions to appropriate government authorities;
• state that if a person chooses to use an immigration consultant, only an “authorized representative” may be used;
• provide a list of authorized representatives practising in the country; and
• state that no representative can guarantee their client success in an immigration matter.

Recommendation 9

The Committee recommends that the Government of Canada make the “Use of a Representative” disclosure form (IMM 5476) available in the local language at embassies and missions abroad. Depending on current demand, the Committee recommends that the Government of Canada make other types of immigration forms and instructions, such as those related to sponsoring a family member, accessible in languages other than French and English.