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

Marginal note:Chief Executive Officer

28 The Board may appoint a Chief Executive Officer, who is to exercise the powers and perform the duties and functions that are delegated to him or her by the Board.

Committees

Marginal note:Complaints Committee and Discipline Committee

• 29 (1) Two committees of the College are established, to be known as the Complaints Committee and the Discipline Committee.

• Marginal note:Appointment

  (2) The members of each committee are to be appointed by the Board in accordance with the regulations.

• Marginal note:Term

  (3) The members of the Discipline Committee are to hold office for a term of not more than five years. The members may be reappointed for subsequent terms of not more than five years each.

• Marginal note:Acting after expiry of term

  (4) A member of the Discipline Committee whose term expires may, in accordance with the rules referred to in section 59, conclude any proceeding that the member has begun.

• Marginal note:Removal

  (5) The members of the Discipline Committee hold office during good behaviour and may be removed for cause by the Board.

• Marginal note:Limitation

  (6) An individual is not permitted to be a member of the Complaints Committee and the Discipline Committee at the same time.

• Marginal note:Other committees

  (7) The Board may establish other committees of the College.

Registrar

Marginal note:Appointment

• 30 (1) The Board is to appoint a Registrar of the College for a term of not more than five years. The Registrar may be reappointed for subsequent terms of not more than five years each.

• Marginal note:Removal

  (2) The Registrar holds office during good behaviour and may be removed for cause by the Board.

• Marginal note:Role

  (3) The Registrar is responsible for issuing licences, establishing and maintaining a register of licensees and verifying compliance or preventing non-compliance with this Act by licensees.

Marginal note:Register available to public

• 31 (1) The register of licensees must be made available to the public on the College’s website in a searchable format and, subject to the regulations, in any other manner that the Registrar considers appropriate.

• Marginal note:Updated information

  (2) The Registrar must ensure that the information included in the register is updated in a timely manner.

Marginal note:Notice to Minister

32 The Registrar must, within the prescribed period and in the prescribed form and manner, provide notice to the Minister in the following circumstances:

• (a) a licence is suspended;

• (b) a licence is revoked;

• (c) a licence is surrendered; and

• (d) any other prescribed circumstance.

Marginal note:Licence

• 33 (1) On application, the Registrar must issue to an individual who, in the Registrar’s opinion, meets the eligibility requirements set out in the by-laws for the class of licence for which the individual applied, a licence of that class.

• Marginal note:Conditions

  (2) A licence issued under this section is subject to any conditions or restrictions imposed under this Act.

• Marginal note:Application

  (3) An application for a licence must be made in the form and manner specified by the Registrar and must contain the information specified by the Registrar.

Marginal note:Surrender of licence

34 The Registrar may, in accordance with the by-laws, approve the surrender of a licence on application by a licensee made in accordance with the by-laws.

Marginal note:Powers of Registrar — verification

• 35 (1) Subject to the regulations, the Registrar may, for a purpose related to verifying compliance or preventing non-compliance with this Act by licensees,

  • (a) subject to subsection (2), enter a licensee’s business premises, without notice, at any reasonable time and require the production of any document or other thing that is relevant, and examine or copy the document or thing; and

  • (b) require the licensee, or a business partner or employee of the licensee or any person employed by the same employer as the licensee, to provide any information that is relevant.

• Marginal note:Dwelling-house

  (2) If the licensee’s business premises are in a dwelling-house, the Registrar may enter them only with the occupant’s consent.

Marginal note:Privileged information

36 Subject to the regulations, the powers set out in section 35 must not be exercised in respect of privileged information.

Marginal note:Referral to Complaints Committee

37 If the Registrar is of the opinion that there may be reasonable grounds to suspect that a licensee has committed professional misconduct or was incompetent, the Registrar may, subject to the regulations, initiate a complaint and refer it to the Complaints Committee for consideration.

Marginal note:Decision of Registrar

38 If the Registrar determines that a licensee has contravened a provision of this Act, of the regulations or of the by-laws, the Registrar may, in his or her decision, in the prescribed circumstances,

• (a) suspend the licensee’s licence;

• (b) revoke the licensee’s suspended licence; or

• (c) take or require any other action set out in the regulations.

Marginal note:Compliance with decision

39 A licensee who is the subject of a decision made under section 38 must comply with it.

Marginal note:Filing decision in Federal Court

• 39.1 (1) The College may file in the Federal Court a certified copy of a decision made under section 38.

• 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.

Marginal note:Notice to licensees — revocation or suspension

• 40 (1) The Registrar must notify all licensees of every decision made under subsection 69(3) to revoke or suspend a licence.

• Marginal note:Notice to licensees — dismissal of complaint

  (2) The Registrar must, if requested by the licensee who was the subject of a complaint that was dismissed by the Discipline Committee, notify all licensees of the dismissal.

Marginal note:Delegation

41 Subject to the regulations, the Registrar may delegate any of the powers, duties and functions conferred on the Registrar under this Act.

Licensees

Marginal note:Professional liability insurance

• 42 (1) Subject to subsection (2), a licensee must be insured against professional liability.

• Marginal note:Exemption

  (2) A licensee may be exempted by the by-laws from the application of subsection (1).

Professional Conduct

Marginal note:Code of professional conduct

• 43 (1) The Minister must, by regulation, establish a code of professional conduct for licensees.

• Marginal note:Amendment or repeal

  (2) Only the Board may, by regulation and with the Minister’s prior written approval, amend or repeal the regulations establishing the code.

Marginal note:Standards of professional conduct and competence

44 A licensee must meet the standards of professional conduct and competence that are established by the code of professional conduct. A licensee who fails to meet those standards commits professional misconduct or is incompetent.

Complaints

Marginal note:Complaint to the College

45 Any person may, in accordance with the by-laws, make a complaint to the College in respect of a licensee or former licensee.

Marginal note:Referral to Complaints Committee

46 The College may refer a complaint to the Complaints Committee if, in the College’s opinion, the complaint relates to professional misconduct by, or the incompetence of, a licensee.

Marginal note:Referral to another body

47 The College may, in the prescribed circumstances, refer a complaint to another body that has a statutory duty to regulate a profession.

Marginal note:Consideration and investigation of complaints

• 48 (1) The Complaints Committee must consider all complaints referred to it by the College or the Registrar and may, if the Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, conduct an investigation into the licensee’s conduct and activities.

• Marginal note:Consideration and investigation on Committee’s initiative

  (2) If the Complaints Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, it must initiate a complaint and consider it, and may conduct an investigation into the licensee’s conduct and activities.

Marginal note:Jurisdiction — former licensees

49 For greater certainty, the Complaints Committee has jurisdiction to consider a complaint and conduct an investigation in respect of a former licensee.

Investigations

Marginal note:Investigator

• 50 (1) The Complaints Committee may designate an individual as an investigator to conduct an investigation under the Committee’s direction.

• Marginal note:Revocation

  (2) The Complaints Committee may revoke the designation.

Marginal note:Power to require information and documents

• 51 (1) An investigator may, for the purpose of investigating a licensee’s conduct and activities, require any person

  • (a) to provide any information that, in the investigator’s opinion, the person may be able to provide in relation to the matter being investigated; and

  • (b) to produce, for examination or copying by the investigator, any document or other thing that, in the investigator’s opinion, relates to the matter being investigated and that may be in the possession or under the control of that person.

• Marginal note:Authority to enter

  (2) Subject to subsection 52(1), an investigator may, for that purpose, enter a place in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or any document or other thing relevant to the investigation is located.

• Marginal note:Other powers

  (3) The investigator may, for that purpose,

  • (a) examine anything in the place;

  • (b) remove the thing for examination or copying;

  • (c) use any copying equipment in the place, or cause it to be used;

  • (d) open or order any person to open any container or package found in the place;

  • (e) use any means of communication in the place, or cause it to be used;

  • (f) use any computer system or other device in the place, or cause it to be used, to examine data contained in or available to it;

  • (g) prepare a document, or cause one to be prepared, based on the data; and

  • (h) take photographs or make recordings or make a copy of anything in the place.

• Marginal note:Duty to assist

  (4) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the investigator to perform their functions under subsections (2) and (3) and must provide any documents or information, and access to any data, that are reasonably required for that purpose.

Marginal note:Warrant to enter dwelling-house

• 52 (1) If the place is a dwelling-house, the investigator may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) On ex parte application, a justice of the peace may issue a warrant authorizing the investigator to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

  • (a) the dwelling-house is a place referred to in subsection 51(2);

  • (b) entry to the dwelling-house is necessary for the purposes of the investigation; and

  • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

Marginal note:Use of force

53 In executing a warrant to enter a dwelling-house, an investigator may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

Marginal note:Privileged information

54 Subject to the regulations, the powers set out in section 51 must not be exercised in respect of privileged information.

Marginal note:Obstruction and false statements

55 It is prohibited to obstruct or hinder, or make a false or misleading statement either orally or in writing, to an investigator who is performing their functions.

Immunity

Marginal note:Responsibility for damages — directors and others

56 No action or other proceeding for damages lies or may be instituted against any of the following persons for anything done or omitted to be done in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on that person under the Act:

• (a) a current or former director of the Board;

• (b) a current or former member of a committee of the College;

• (c) the Registrar or a former Registrar;

• (d) a current or former investigator;

• (e) a current or former officer, employee, agent or mandatary of the College; and

• (f) a person who is or has been engaged by the College.