College of Immigration and Citizenship Consultants Act (S.C. 2019, c. 29, s. 292)

Decision of Complaints Committee

Marginal note:Referral to Discipline Committee

• 57 (1) The Complaints Committee may, subject to the regulations, refer a complaint, in whole or in part, to the Discipline Committee.

• Marginal note:Measures if not referred to Discipline Committee

  (2) If the Complaints Committee does not refer the complaint, in whole or in part, to the Discipline Committee, the Complaints Committee must

  • (a) notify the complainant, if any, and the licensee that the complaint was not referred, and provide them with the reasons for the decision;

  • (b) require the licensee to appear before the Complaints Committee to be cautioned, notify the complainant, if any, of the decision and provide the licensee and the complainant with the reasons for the decision; or

  • (c) refer the complaint to a process of dispute resolution, on any conditions specified by the Complaints Committee, if the licensee consents.

• Marginal note:If dispute resolution not successful

  (3) If the complaint is referred to a process of dispute resolution and, at the conclusion of the process, the matter is not resolved to the satisfaction of the Complaints Committee, that Committee continues to be seized of the matter.

Disciplinary Proceedings

Marginal note:Complaints referred by Complaints Committee

58 The Discipline Committee must hear and determine all complaints referred to it by the Complaints Committee.

Marginal note:Rules of procedure

59 The Discipline Committee may make rules respecting the practice and procedure before it, including rules governing panels, and rules for carrying out its work and for the management of its internal affairs.

Marginal note:Panel of Discipline Committee

• 60 (1) Any panel of the Discipline Committee established in accordance with the rules referred to in section 59 has all of the powers, and must perform all of the duties and functions, of the Discipline Committee.

• Marginal note:Decision of panel

  (2) A decision of a panel is a decision of the Discipline Committee.

Marginal note:Parties

61 The Complaints Committee and the licensee are parties to the proceeding.

Marginal note:Right of parties to make submissions

62 The parties to the proceeding are entitled to make oral and written submissions to the Discipline Committee.

Marginal note:Submissions — other persons

63 The Discipline Committee may provide an opportunity for any other person to make oral and written submissions to it.

Marginal note:Public hearings

64 Subject to the regulations, the by-laws and the rules referred to in section 59, any oral hearings of the Discipline Committee are open to the public.

Marginal note:Jurisdiction — former licensees

65 For greater certainty, the Discipline Committee has jurisdiction to hear and determine a complaint in respect of a former licensee.

Marginal note:Powers of Discipline Committee

66 The Discipline Committee has the power

• (a) to summon and enforce the appearance of persons and compel them to give oral or written evidence on oath and to produce any document or other thing that the Committee considers necessary to decide the matter, in the same manner and to the same extent as a superior court of record;

• (b) to administer oaths; and

• (c) to accept any evidence, whether admissible in a court of law or not.

Marginal note:Privileged information

67 Subject to the regulations, the Discipline Committee must not admit or accept as evidence any privileged information.

Marginal note:Powers before decision

• 68 (1) Before making a decision under section 69, the Discipline Committee may decide to take any action referred to in paragraph 69(3)(a) or (b) if the Discipline Committee is satisfied that it is necessary for the protection of the public.

• Marginal note:Action is provisional

  (2) Any action taken under subsection (1) is provisional and ceases to have effect when the decision in respect of the complaint is made under section 69, unless the action is confirmed in the decision.

Marginal note:Decision on complaint

• 69 (1) After the hearing of a complaint, the Discipline Committee must determine whether the licensee has committed professional misconduct or was incompetent.

• Marginal note:Dismissal of complaint

  (2) If the Discipline Committee determines that the licensee did not commit professional misconduct or was not incompetent, the Committee must dismiss the complaint.

• Marginal note:Professional misconduct or incompetence

  (3) If the Discipline Committee determines that the licensee has committed professional misconduct or was incompetent, the Committee may, in its decision, take or require one or more of the following actions as well as any other action set out in the regulations:

  • (a) impose conditions or restrictions on the licensee’s licence;

  • (b) suspend the licensee’s licence for not more than the prescribed period or until specified conditions are met, or both;

  • (c) revoke the licensee’s licence; or

  • (d) require the licensee to pay a penalty of not more than the prescribed amount to the College.

  • (e) [Repealed, 2023, c. 26, s. 292]

• Marginal note:Decision and reasons in writing

  (4) The Discipline Committee must give its decision and the reasons for it in writing.

• Marginal note:Decision and reasons available to public

  (5) Subject to the regulations, the decision and the reasons for it must be made available to the public on the College’s website and in any other manner that the College considers appropriate.

• Marginal note:Notice to Registrar

  (6) The Discipline Committee must provide a copy of its decision to the Registrar.

• Marginal note:Payment into compensation fund

  (7) If a decision made by the Discipline Committee under subsection (3) requires that a licensee pay a penalty to the College, the amount of the penalty is to be paid into the compensation fund referred to in section 13.

Marginal note:Compliance with decision

70 Any person who is the subject of a decision made under subsection 68(1) or 69(3) must comply with it.

Marginal note:Filing decision in Federal Court

• 70.1 (1) The College may file in the Federal Court a certified copy of a decision made under subsection 69(3).

• Marginal note:Effect of filing

  (2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court.

Judicial Review

Marginal note:Respondent — College

• 71 (1) If an application is made for judicial review of a decision of the College, including its committees, the College is the respondent in respect of the application.

• Marginal note:Respondent — committee

  (2) However, if the College makes an application for judicial review of a decision of its committees, the committee is the respondent.

Marginal note:Non-application of certain Acts

72 For the purposes of judicial review, a decision of the College, including of its committees, is not a matter under the Citizenship Act or the Immigration and Refugee Protection Act.

Marginal note:Minister — judicial review

73 If the Minister is a complainant, he or she may make an application to the Federal Court for judicial review of any decision of the College, including of its committees, relating to the complaint.

Powers of College

Administration of Licensee’s Property

Marginal note:Order

• 73.1 (1) If a licensee is not able to perform their activities as an immigration and citizenship consultant for any prescribed reason, the College may, in order to carry out its purpose, including to ensure the continuation of services to a licensee’s client, apply, without notice, to a court of competent jurisdiction, including the Federal Court, for an order authorizing the College or a person appointed by the court to administer any property in relation to those activities that is or should be in the licensee’s possession or under their control.

• Marginal note:Content of order

  (2) If the court concludes that it is necessary to ensure the continuation of services to the licensee’s clients or to otherwise permit the College to carry out its purpose, it may, for the purposes of subsection (1),

  • (a) authorize the College or person appointed by the court to

    • (i) enter a place, including a vehicle, in which the College or person has reasonable grounds to believe property referred to in subsection (1) is located,

    • (ii) examine anything in the place,

    • (iii) open or order any person to open any container or package found in the place,

    • (iv) require the owner or person in charge of the place and any person in the place to give all assistance that is reasonably required to enable the College or person appointed by the court to execute the order and to provide any property referred to in subsection (1) or any information, and access to any data, that are reasonably required for that purpose, and

    • (v) seize any document or other thing related to a client’s files and transfer it to the client or a licensee or person referred to in paragraph 21.1(2)(a) or (b) or subsection 21.1(3) or (4) of the Citizenship Act or paragraph 91(2)(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act;

  • (b) order that any property referred to in subsection (1) is not to be dealt with by any person without leave of the court or is to be held in trust by the College or person appointed by the court;

  • (c) require the licensee to account to the College or person appointed by the court for any property referred to in subsection (1);

  • (d) provide for the compensation of the College or person appointed by the court for administering the licensee’s property and the reimbursement of any expenses the College or person incurs in doing so; and

  • (e) provide for any other matter that it considers appropriate in the circumstances, including imposing conditions on the manner in which the College or person appointed by the court is to execute the order.

• Marginal note:Additional authority

  (3) The court may also authorize the College or person appointed by the court to seize and detain any property referred to in subsection (1) found in the place and transfer it to any person for the purpose of carrying on the licensee’s business operations or winding up their practice.

• Marginal note:Former licensee

  (4) For greater certainty, the College has jurisdiction to apply for an order referred to in subsection (1) in respect of a former licensee.

Marginal note:Limitation or prescription

73.2 The College is not permitted to make an application under subsection 73.1(1) after the sixth anniversary of the day on which a licensee ceases to be a licensee.

Marginal note:Application

73.3 Sections 52 and 53 apply in respect of an order issued under subsection 73.1(1) with any adaptations that may be necessary.

Marginal note:Obstruction and false statements

73.4 It is prohibited to obstruct or hinder, or make a false or misleading statement either orally or in writing, to the College or person appointed by the Court when the College or person is executing an order issued under subsection 73.1(1).

Information-sharing Agreement or Arrangement

Marginal note:Information sharing

• 73.5 (1) The College may enter into an agreement or arrangement with any entity, including a government institution, as defined in section 3 of the Access to Information Act, or an institution of a government of a province or foreign state, for the sharing of information for the purpose of assisting in the administration and enforcement of this Act, or any other Act of Parliament or of a province or any other law, as it relates to immigration and citizenship consultants.

• Marginal note:Limitation

  (2) An agreement or arrangement entered into under subsection (1) is subject to the by-laws and regulations made under this Act.

Powers of Minister

Marginal note:Powers of Minister

• 74 (1) The Minister may

  • (a) review the Board’s activities and require the Board to provide the Minister with reports and information, including confidential information; and

  • (b) require the Board to do anything — including to make, amend or repeal a regulation or by-law or to submit to an audit — that, in the Minister’s opinion, is advisable to carry out the purposes of this Act.

• Marginal note:Deemed best interests

  (2) Compliance by a director of the Board with a requirement of the Minister is deemed to be in the best interests of the College.

Marginal note:Person acting for Board

75 Subject to the regulations, the Minister may appoint a person to, in the place of the Board, exercise the Board’s powers and perform its duties and functions conferred under this Act that are specified by the Minister, on the conditions and for the period specified by the Minister.

Marginal note:Observer

• 76 (1) The Minister may designate as an observer at meetings of the Board any officer or employee of the department over which the Minister presides.

• Marginal note:Confidential information

  (2) An observer is authorized to disclose confidential information to the Minister.