OTTAWA, December 19, 2003 -- The Honourable Judy Sgro, Minister of Citizenship and Immigration Canada (CIC), today announced proposed changes to the Immigration and Refugee Protection Regulations pre-published in Part I of the Canada Gazette on December 13, 2003.Should these regulations come into effect, the Government of Canada will only communicate with fee-charging representatives if they are members in good standing of the Canadian Society of Immigration Consultants (CSIC) or a provincial or territorial law society. CSIC is the new independent, self-regulating body for immigration consultants that was incorporated on October 8, 2003."I am proposing these regulations to encourage immigration consultants to become members of CSIC," said Minister Sgro. "It is our hope that CSIC will give clients of CIC and the Immigration and Refugee Board (IRB) access to an accredited, qualified and ethical immigration consultant, while giving them a recourse mechanism if their consultant behaves unscrupulously."The purpose of the proposed amendments is to define which representatives may or may not represent, advise or consult with a person in a proceeding before the IRB or in applying with CIC.CIC and IRB clients are not obliged to hire a consultant or lawyer. However, should these regulations come into effect, people choosing to do so must engage a consultant or lawyer as defined by the new regulations. Under the proposed regulations, as of April 2004, clients who hire a representative who is not authorized would have their applications returned by CIC. Similarly, clients appearing before the IRB would be treated as unrepresented.A client who has already hired a representative and submitted an application to CIC before April 2004 may continue to use the services of that representative until April 2008. Likewise, IRB clients who are already involved in proceedings may also continue to use the services of their representatives until April 2008.Pre-publication provides a 30-day period for all Canadians to comment on the proposed regulations. Following pre-publication, the comments of stakeholders, parliamentarians and other interested parties will be considered and the regulations will be revised as necessary. The regulations will then be submitted for final government approval and published in their final form in Part II of the Canada Gazette prior to coming into force."The pre-publication of proposed regulations is an important part of the regulatory process and is the next step toward ensuring a fully self-regulating immigration consultant industry by April 2004," said the Minister.The proposed regulations are available athttp://canadagazette.gc.ca/partI/2003/20031213/html/regle1-e.htmlFor more information on immigration consultants, please go tohttp://www.cic.gc.ca/english/department/consultants/index.html-30-For more information (media only):Simone Mac AndrewPress SecretaryOffice of the Minister(613) 957-9892Maria IadinardiMedia RelationsCommunications Branch(613) 952-0740BACKGROUNDERRoles and Responsibilities Self-regulationShould the proposed regulations come into force, as of April 2004, all fee-charging representatives who conduct business with Citizenship and Immigration Canada (CIC) or the Immigration and Refugee Board (IRB) would have to be members in good standing of the Canadian Society of Immigration Consultants (CSIC) or a provincial or territorial law society.Canadian Society of Immigration Consultants The CSIC is an independent, not-for-profit, self-regulatory body for immigration consultants. It was incorporated by a group of stakeholders on October 8, 2003. CSIC's first board of directors is composed of people with consumer protection, professional regulation, and consulting experience. A CIC officer also sits on the board as a non-voting, ex-officio member.The CSIC is establishing membership standards, an enforceable code of conduct, a complaint-and-discipline mechanism, a program of ongoing training and errors-and-omissions insurance for immigration consultants.Provincial and territorial law societiesThe laws, rules and regulations of the law society of which a lawyer is a member govern the legal profession in Canada. There are law societies in each province and territory. As independent, self-regulating bodies, the main responsibilities of law societies are:admissions to practice as lawyers in their society;the setting of professional standards for the legal profession;professional liability insurance; andthe discipline of their members.Government servicesCitizenship and Immigration Canada (CIC)CIC is responsible for matters related to managing access to Canada by foreign nationals. Within this mandate, CIC reviews and processes applications from individuals and families wishing to immigrate to Canada. In the course of everyday business, CIC often deals with applicants who have chosen to be represented by immigration consultants, lawyers, family members or friends.In an effort to ensure that CIC clients have access to ethical and qualified advice from fee-charging representatives, CIC is committed to assisting the formation of an independent, self-regulatory body for immigration consultants by April 2004.CIC is proposing amendments to the regulations accompanying the Immigration and Refugee Protection Act. Should these regulations go into effect, fee-charging representatives would be able to act on behalf of clients before CIC only if they were members in good standing of one of the self-regulatory bodies outlined above.Immigration and Refugee BoardThe IRB is Canada's largest independent administrative tribunal. Its mission is to make well-reasoned decisions on immigration and refugee matters, efficiently, fairly, and in accordance with the law. Individuals appearing before an IRB tribunal may choose to be represented by another person, including a fee-charging representative such as a lawyer or consultant. Should these regulations go into effect, fee-charging representatives would be able to act on behalf of clients in IRB proceedings only if they were members in good standing of one of the self-regulatory bodies outlined.
