Forward Regulatory Plan: 2023-2025
Governor in Council regulations to establish a new system of Administrative Penalties and Consequences related to the provision of immigration representation and/or advice

Enabling Act: Immigration and Refugee Protection Act and Citizenship Act

Description

Regulations are being developed based on amendments to the Immigration and Refugee Protection Act (IRPA) and the Citizenship Act to enable a new regime of administrative penalties and consequences, applicable to those who provide immigration and citizenship advice and/or representation. This new regime is intended to ensure compliance to the Immigration and Refugee Protection Act and Citizenship Act and will be administered by IRCC. Regulations will define the violations for which those who provide immigration and citizenship advice and/or representation may be subject to an administrative penalty and/or consequence, provide parameters for determination of penalty amounts, processes required to issue penalties and rules around the appeal review of penalties and consequences issued.

Potential impacts on Canadians including businesses

The proposed regulations for the administrative penalty and consequences system are to apply to any person providing advice and/or representation for consideration who is not in compliance with legislative requirements under the Immigration and Refugee Protection Act and the Citizenship Act. Any person (individuals or businesses) who has potentially committed a violation under the legislation may be subject to an administrative penalty or other consequence.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts are not required. 

Consultations

The anticipated date for pre-publication of the regulations for IRCC’s administrative penalties and consequences system in the Canada Gazette, Part 1 is 2024.

Further Information

CIMM report, June 2017
Minister of IRCC Statement, April 2019

Departmental Contact Information

Alexis Graham
Director, Social and Discretionary Policy and Programs
Social and Temporary Migration Branch
Immigration, Refugees and Citizenship Canada
Email: Alexis.Graham@cic.gc.ca
Telephone: 613-796-5463

Date the regulatory initiative was first included in the plan: October 18, 2020