Report of the Advisory Committee on
Regulating Immigration Consultants

presented to the
Minister of Citizenship and Immigration

May 2003

TABLE OF CONTENTS

EXECUTIVE SUMMARY

CHAPTER 1: INTRODUCTION

1. Introduction and Acknowledgments
2. Membership
3. Method of Operation
4. History of the Issue
   1. The Players
   2. The Problem
   3. Prior Efforts to Regulate
   4. Confirmed Need for Regulation

CHAPTER 2: LEGAL FRAMEWORK

1. Authority to Regulate
   1. Are ss. 30 and 69(1) of the Act intra vires Parliament?
   2. Double Aspect Doctrine
   3. Application of the Paramountcy Doctrine
   4. Is s. 26 of the Legal Profession Act constitutionally inoperative to persons acting under ss. 30 and 69(1) of the Act and its Associated Rules and Regulations?
   5. Is there an operational conflict?
   6. Conclusion
2. Authority to Regulate Immigration Consultants under IRPA
3. Defining "Counsel"
4. Extraterritoriality of the Application of Federal Regulations Governing Registered Immigration Consultants
   1. Introduction
   2. The creation and enforcement of laws regulating the practice of immigration consultants

CHAPTER 3: MODEL REGULATORY FRAMEWORK

1. Other Jurisdictions' Models: Analysis/Comparison
2. Options for Canada

CHAPTER 4: DETAILS OF MODEL

1. Who is going to be regulated?
2. Prerequisites/Qualifications
   1. DACUM
   2. Character
   3. Education/Testing
   4. Degrees of Qualification
   5. Continuing Professional Education
   6. Languages
3. Composition of Disciplinary Body
   1. Execution of Awards
   2. Constitution of a Disciplinary Body
   3. Access to the Disciplinary Body
   4. Conclusion
4. Code of Conduct
5. Offenses
6. Disqualification

CHAPTER 5: POWERS OF THE REGULATORY BODY

1. Authority to censor; fine; suspend/revoke licence; ban; refer to law enforcement authorities; investigate; compel authority to produce documents; refuse membership; etc.

CHAPTER 6: IMPLEMENTATION AND TRANSITION

1. Resources
   1. Physical Plant
   2. Staffing, Salaries of Board/Council Members, Registrar, Support Staff, Investigators and Hearing Employees
   3. Compensation Fund
   4. Operating Capital
2. Grandfathering
   1. Setting the Bar: Minimum Standards for Entry
   2. Timelines for Recertification

CHAPTER 7: ROLES AND RESPONSIBILITIES OF DEPARTMENTS AND AGENCIES

1. Activities to Promote Regulation to Clients
2. Protection of Clients
3. Interaction with Regulatory Body by Departments and Agencies
4. Federal/Provincial Schemes

CHAPTER 8: URGENT CALL TO ACTION

• Appendix A. List of Submissions Received from Individuals and Organizations
• Appendix B. DACUM Report
• Appendix C. Background Documents

© Minister of Public Works and Government Services Canada, 2003
Cat. No. : Ci51-142/2003
ISBN 0-662-67356-5