CIMM – Immigration Consultants – November 29, 2022

Key Messages

Canada is taking decisive action to protect both the public and licensed consultants in good standing from dishonest actors who are taking advantage of vulnerable people.
The College of Immigration and Citizenship Consultants Act (College Act) provides a statutory framework to regulate immigration and citizenship consultants, and makes the College of Immigration and Citizenship Consultants (the College) the official regulator for this profession across the country.
The College opened on November 23, 2021 with the power and tools to investigate professional misconduct and to discipline its licensees. My Department completed a selection process to appoint public interest directors to the new College Board. This process was open, transparent, and based on robust merit criteria.
The Government has invested $48.3M over four years and $9.8M ongoing to improve the regulation and oversight of immigration and citizenship consultants, strengthen compliance and enforcement measures and increase public awareness.

Unlike the Immigration Consultants of Canada Regulatory Council (ICCRC), the former regulator, the College is a fundamentally different organization. It has:
- strengthened authorities including strong governance and oversight;
- enhanced investigative powers to support complaints and discipline processes;
- power to compel witnesses to appear before the Discipline Committee;
- increased power to suspend or revoke licenses to practice as part of disciplinary decisions; and,
- legislated power to seek court injunctions against unauthorized consultants
- a Board composed of licensees and a majority public interest Directors appointed by the Minister of IRCC
- A new Code of Conduct, established by IRCC to reinforce strong ethical and professional standards for which licensees will be held accountable
Full implementation of the new regime requires the development of supporting regulations.

As per the College Act, the ICCRC formally applied to be continued as the College. In August 2021, the Minister approved the application for continuance, with the ICCRC continuing as the College on November 23, 2021.

Canada is investing $48.3M over four years and $9.8M ongoing for both IRCC and CBSA to jointly deliver on this initiative.
These investments include resources for the Department to improve its ability to conduct investigations and to enable the Department to issue new administrative penalties; as well as more resources for CBSA to pursue criminal investigations of complex cases related to immigration and citizenship consultants.
New investments will also go towards public education activities and targeted outreach, including to diaspora communities in Canada. Outreach positions are being established internationally to ensure that information is spread within those countries, including the consequences of using an unauthorized representative.
No government funding will go to the College. The College will be entirely funded through licensee fees set by the new College.

The College Act received Royal Assent in June 2019 as part of the Budget Implementation Act and came into force in December 2020. The purpose of the College Act is to improve how immigration and citizenship consultants are regulated across Canada.
The establishment of the College Act means that, for the first time, the regulator is equipped with a statutory framework that provides for the responsibilities and authorities required to govern the profession and hold licensed consultants to high standards of professional and ethical conduct.
The Board of Directors of the new College of Immigration and Citizenship Consultants is composed of five ministerial appointees and four elected members (i.e. consultants). The Ministerial appointment of the five public interest directors to the Board of Directors for the College was completed on May 5, 2022.
In addition to establishing the new College of Immigration and Citizenship Consultants, legislative amendments in 2019 increased penalties for offences in the Immigration and Refugee Protection Act (IRPA) and the Citizenship Act relating to unauthorized advice and representation, to a maximum of $200,000 in fines or two years imprisonment.
Legislative amendments also provide regulation-making authority for the establishment of a system of administrative penalties – including monetary penalties – aimed at ensuring compliance with the IRPA and the Citizenship Act by persons providing advice or representation.