1. PROTECTED B Regulating Immigration Consultants

2. Provide an update on CIC’s efforts to combat “Ghost Consultants”
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Overview
An overview of Bill C-35, An Act to Amend the Immigration and Refugee Protection Act (IRPA)
Provide an update on CIC’s efforts to combat “Ghost Consultants”
Explore areas for cooperation and collaboration

3. Bill C-35 Related Provisions
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Bill C-35 Related Provisions
30 June Bill C-35: An Act to Amend the Immigration and Refugee Protection Act (IRPA), came into force
To protect immigrants and the integrity of Canada’s immigration program
Offence for anyone other than an authorized representative to advise or represent a person:
for a fee or other consideration
in connection with an application or proceeding under the IRPA
Contains information sharing provisions
Establishes of a new regulatory body – Immigration Consultants of Canada Regulatory Council (ICCRC)

4. Authorized Representatives
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Bill C-35 Requirements
Authorized Representatives
Applicants
Must be members in good standing with:
Must submit information for verification purposes:
a Canadian provincial/territorial law society
the name of their authorized representative,
the Chambre des notaires du Quebec
the organization they are a member of,
the Immigration Consultants of Canada Regulatory Council (ICCRC)
their identification or membership number,
their telephone number and address

5. ICCRC – New Regulatory Body
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ICCRC – New Regulatory Body
30 June New regulatory body: The Immigration Consultants of Canada Regulatory Council (ICCRC)
The ICCRC was chosen as the governing body to regulate immigration consultants because it demonstrated it has the necessary competence, integrity, accountability, good governance and viability to effectively regulate the immigration consultant profession in the public interest.
The ICCRC currently has over 2200 members and maintains an up-to-date membership list on its website which can be searched by name, business name, or ICCRC membership number.

6. Bill C-35: Information Sharing Provision
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Bill C-35: Information Sharing Provision
10 April Information sharing provision of Bill C-35, came into force
Requires the ICCRC to provide information to the government to ensure it is governing its members in the public interest
Authorizes the Governor in Council to make regulations requiring the designated body to provide the Minister with information regarding its activities
Permits the disclosure of information relating to the unprofessional or unethical conduct of individuals to the bodies responsible for investigating that conduct

7. Uncompensated and Allowed Services
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Uncompensated and Allowed Services
Bill C-35: allows uncompensated representatives to represent and/or provide immigration advice at any stage of an application or proceeding
Uncompensated
Allowed Services
Must not charge a fee or consideration:
Paid services for administrative services such as:
Family or friends
Translation
Non-governmental and religious organizations
Courier
International organizations which have agreements with the Government of Canada
Travel arrangements

8. Stakeholders Do’s and Don’ts
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Stakeholders Do’s and Don’ts
Bill C-35: many stakeholders are now required to be “authorized representatives” if they wish to provide immigration services to clients, including certain types of immigration advice
Stakeholders affected include:
Travel agents
Employment agents and recruiters
Human resources professionals
Educational agents abroad
Adoption agencies
Live-in caregivers’ agents

9. Stakeholder Do’s and Don’ts Cont.
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Stakeholder Do’s and Don’ts Cont.
Do’s
Don’ts
Direct someone to the CIC website to find information on:
Immigration programs
Application forms, or
Authorized immigration representatives
Provide services such as:
Translation
Travel arrangements
Couriers
Advise international students on how to select their courses or register
Conduct job interviews
Explain and/or advise on someone’s immigration options
Guide a client on how to select the best immigration stream
Complete and submit immigration forms on a client’s behalf
Communicate with CIC and the CBSA on a client’s behalf (except for direct translation of a client’s written or spoken submissions)
Represent a client in an immigration application or proceeding
Represent a client in an arranged employment opinion or labour market opinion application
Advertise that they can provide immigration advice for consideration

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Ghost Consultants
“Ghost Consultants” are unregulated third party representatives who provide assistance and/or advice to prospective immigrants
Domestically, CBSA and RCMP continue to investigate complaints regarding “ghost consultants”
They may be subject to prosecution by law enforcement agencies for IRPA offences:
Conviction by indictment: a fine of up to $100,000 and/or to imprisonment for up to two years
Summary conviction: a fine of up to $20,000 and/or to imprisonment for up to six months
Canada has no extra juridical power to regulate and/or control immigration consultants overseas therefore relies on close cooperation with other countries

11. Additional Measures Adopted by CIC
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DRAFT
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Additional Measures Adopted by CIC
CIC Anti-fraud Media Campaign
To raise public awareness with fraud warning notices on our website:
Video & text messages translated into 17 languages
March 2009 – online survey conducted by CIC’s Communications Branch
Additional details are available on the CIC website:
CIC’s International Strategy
January CIC Minister launches the international strategy on bilateral visit to India
These Bilateral engagements continued during trips to India, China, the Philippines, Australia and Europe (2010) and Pakistan (2011)
March 2011 – CIC launched a coordinated media campaign with members of the Five Country Conference (United States, United Kingdom, Australia, New Zealand, Canada)
November 2011 – CIC delivers presentation on efforts to regulate immigration consultants at the Regional Conference on Migration’s Technical Meeting in Santo Domingo.

12. Areas to consider for cooperation and collaboration:
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Moving Forward
Areas to consider for cooperation and collaboration:
Information exchange regarding regulatory approaches, complaints, and prosecutions
Anti-fraud communications to raise public awareness about potential risks associated with problematic immigration consultants/agents/brokers
Joint lobbying of internet search engine providers (i.e. Google) to remove unscrupulous consultants or immigration scam websites from top pages of search results
The exchange of empirical or anecdotal information to better assess the economic/social costs associated with immigration fraud issues and the effectiveness of anti-fraud measures and advertising