College of Immigration and Citizenship Consultants Regulations (SOR/2026-68)

Compensation Fund Committee

Marginal note:Establishment

• 13 (1) A committee of the College is established, to be known as the Compensation Fund Committee.

• Marginal note:Membership

  (2) The Compensation Fund Committee is composed of members who are not directors.

Marginal note:Powers, duties and functions

• 14 (1) The powers, duties and functions of the Compensation Fund Committee are the following:

  • (a) administering the compensation fund;

  • (b) processing both cases without an application in accordance with subsection 5(1) and applications submitted under subsection 5(2) and determining, as applicable, the amount of compensation to be paid; and

  • (c) paying compensation.

• Marginal note:Jurisdiction — former licensees

  (2) For greater certainty, the Compensation Fund Committee has jurisdiction in respect of former licensees to process cases and applications under paragraph (1)(b) and determine the amount of compensation to be paid.

Marginal note:Determining compensation

• 15 (1) The Compensation Fund Committee must determine, on a case-by-case basis, the amount of compensation to be paid.

• Marginal note:Elements to take into account

  (2) In determining the amount of compensation, the Compensation Fund Committee must take, as the case may be, the following elements into account:

  • (a) the decision by the Discipline Committee finding that the licensee committed a dishonest act;

  • (b) the amount of financial loss suffered due to the dishonest act, as determined by the Discipline Committee;

  • (c) in the absence of such an amount, any evidence provided by the individual who submitted the application for compensation under subsection 5(2);

  • (d) in the case of an application for compensation submitted under subsection 5(2), any financial loss or expense associated with the dishonest act;

  • (e) any amount or other compensation provided to the individual for whom the amount of compensation is being determined; and

  • (f) any other element related to the compensation fund set out in the by-laws.

• Marginal note:Payment

  (3) When the amount of compensation is determined, it must be paid to the individual to whom it is owed as soon as feasible.

Capacity Evaluation Committee

Marginal note:Establishment

• 16 (1) A committee of the College is established, to be known as the Capacity Evaluation Committee.

• Marginal note:Membership

  (2) The Capacity Evaluation Committee is composed of members who are not directors.

Marginal note:Powers, duties and functions

• 17 (1) The powers, duties and functions of the Capacity Evaluation Committee are the following:

  • (a) on request by the Registrar, the Complaints Committee or the Discipline Committee, preparing an opinion on a licensee’s capacity to practise that, if applicable,

    • (i) concludes whether any of the licensee’s conduct or activities that are the subject of a complaint were caused by their incapacity to practise, and

    • (ii) recommends actions that may be taken or required by the Registrar under section 38 of the Act in response to the licensee’s incapacity to practise;

  • (b) requesting information, including personal information, from the licensee concerning their capacity to practise;

  • (c) with a licensee’s consent, consulting an expert on the licensee’s capacity to practise;

  • (d) providing the opinion

    • (i) to the Registrar, before the Registrar makes a decision under section 38 of the Act,

    • (ii) to the Complaints Committee, before that Committee decides whether to refer a complaint to the Discipline Committee under subsection 57(1) of the Act or takes any of the measures set out in paragraphs 57(2)(a) to (c) of the Act, or

    • (iii) to the Discipline Committee before that Committee makes a decision under subsection 68(1) or 69(3) of the Act; and

  • (e) if the opinion is provided to the Complaints Committee or Discipline Committee, providing to the Registrar a copy of the opinion.

• Marginal note:Reasons for decision

  (2) In making a request for information under paragraph (1)(b), the Capacity Evaluation Committee must notify the licensee that, if the opinion concludes that any of the licensee’s conduct or activities that are the subject of the complaint were caused by the licensee’s incapacity to practise, the Complaints Committee will identify that conclusion as the reason why the complaint, or part of the complaint, is not being referred to the Discipline Committee in the reasons for the decision provided under paragraph 57(2)(a) or (b) of the Act, as the case may be.

• Marginal note:Jurisdiction — former licensees

  (3) For greater certainty, the Capacity Evaluation Committee has jurisdiction to exercise its powers and perform its duties and functions in respect of former licensees.

Marginal note:Request for information

18 A licensee may refuse to provide information requested under paragraph 17(1)(b) by the Capacity Evaluation Committee.

Marginal note:Elements to take into account

19 In preparing an opinion referred to in paragraph 17(1)(a), the Capacity Evaluation Committee must take the following elements into account:

• (a) any information, including personal information, concerning the licensee’s capacity to practise provided by the licensee, College, Registrar, Complaints Committee or Discipline Committee;

• (b) any report from an expert consulted under paragraph 17(1)(c) on the licensee’s capacity to practise; and

• (c) any other information that the Capacity Evaluation Committee considers necessary to prepare the opinion.

Licences

Marginal note:Application

20 An applicant for a licence must ensure that the information contained in their application referred to in subsection 33(1) of the Act, and any supporting documents, is true, complete and accurate.

Marginal note:Conditions and restrictions

21 A licensee must comply with any conditions and restrictions to which their licence is subject.

Registrar

Register of Licensees

Marginal note:Access

• 23 (1) In addition to meeting the requirements set out in subsection 31(1) of the Act and subject to the by-laws, at the request of a member of the public or a licensee, the College must provide access to the register of licensees by alternative means.

• Marginal note:Accessibility

  (2) The College must ensure that it complies, if practicable, with the Government of Canada’s standards on web accessibility.

Notice to Minister

Marginal note:Circumstances

• 24 (1) For the purposes of paragraph 32(d) of the Act, the Registrar must provide notice to the Minister in the following circumstances:

  • (a) a licensee’s licence has been reinstated;

  • (b) a licensee has died; and

  • (c) a licensee’s licence status became inactive for any other reason.

• Marginal note:Timing

  (2) The Registrar must provide notice

  • (a) in the circumstances set out in paragraphs 32(a) and (b) of the Act, within five working days after the day on which the circumstance in question occurred;

  • (b) in the circumstances set out in paragraphs (1)(a) and (c) of this section and paragraph 32(c) of the Act, within 15 working days after the day on which the circumstance in question occurred; and

  • (c) in the circumstances set out in paragraph (1)(b) of this section, within 15 working days after the day on which the Registrar became aware of the circumstance.

• Marginal note:Notice provided electronically

  (3) The Registrar must provide notice electronically in the circumstances set out in paragraphs (1)(a) to (c) of this section and paragraphs 32(a) to (c) of the Act.

• Marginal note:Form and manner

  (4) The Registrar must indicate in the notice the day on which the applicable circumstance set out in any of paragraphs (1)(a) to (c) of this section or any of paragraphs 32(a) to (c) of the Act occurred or the day on which the Registrar became aware of the circumstance, as well as the following information:

  • (a) in the circumstances set out in paragraphs 32(a) and (b) of the Act, the reasons for the licence suspension or revocation, as applicable, and, in the case of a suspension,

    • (i) an indication of whether it follows a provisional decision, and

    • (ii) the duration of the suspension and whether the duration is conditional on the meeting of a condition; and

  • (b) in the circumstances set out in any of paragraphs 28(a) to (j), the circumstance in question and any requirement specified in the by-laws.

Exercising Powers of Verification

Marginal note:Selection for verification

• 25 (1) The Registrar may exercise their powers of verification under section 35 of the Act in respect of

  • (a) a quality assurance program of the College; or

  • (b) a random verification.

• Marginal note:Notice

  (2) Subject to subsection 35(2) of the Act, if the Registrar conducts a random verification, they must provide reasonable notice to the licensee in question of the verification of their business premises.

Referral to Complaints Committee

Marginal note:Dishonest act

• 26 (1) For the purposes of section 37 of the Act, the circumstance in which the Registrar must initiate a complaint and refer it to the Complaints Committee for consideration is that the Registrar is of the opinion that there are reasonable grounds to suspect that an individual has suffered financial loss due to a dishonest act committed by a licensee.

• Marginal note:Request for opinion

  (2) Before deciding whether to initiate a complaint under section 37 of the Act, the Registrar may request an opinion referred to in paragraph 17(1)(a) of these Regulations on the licensee’s capacity to practise.

• Marginal note:Non-application

  (3) If the opinion concludes that the dishonest act was caused by the licensee’s incapacity to practise, subsection (1) does not apply.

Decision of Registrar

Marginal note:Request for opinion

• 27 (1) Before making a decision under section 38 of the Act, the Registrar may request an opinion referred to in paragraph 17(1)(a) of these Regulations on the licensee’s capacity to practise. If the Registrar requests such an opinion, they must take it into account in making their decision.

• Marginal note:Decision and reasons in writing

  (2) The Registrar must give their decision and the reasons for it in writing and provide a copy of the decision and reasons to any person who is referred to in the decision.

Marginal note:Circumstances

28 For the purposes of section 38 of the Act, the circumstances in which the Registrar may take or require the actions referred to in that section are the following:

• (a) the licensee contravened section 20;

• (b) the licensee contravened the requirement respecting professional liability insurance set out in subsection 42(1) of the Act or in the by-laws;

• (c) subject to section 26 of these Regulations, the licensee contravened section 44 of the Act by not meeting the standards of professional conduct and competence established by the Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees;

• (d) the licensee contravened the requirements respecting the maintenance of competencies and continuing professional development set out in the by-laws;

• (e) the licensee contravened section 55 of the Act;

• (f) the licensee contravened section 35;

• (g) the licensee contravened section 36;

• (h) the licensee contravened section 70 of the Act;

• (i) the licensee contravened the requirements to provide to the College, in accordance with the by-laws, any information or document required by those by-laws; and

• (j) the licensee contravened section 21.

Marginal note:Actions that may be taken or required

• 29 (1) The Registrar may take or require any of the following actions under paragraph 38(c) of the Act:

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

  • (b) issue a caution to the licensee and register it on the licensee’s file;

  • (c) issue a reprimand to the licensee;

  • (d) order the licensee to comply with certain requirements set out in the Act, in these Regulations or in the by-laws;

  • (e) require the licensee to take and successfully complete specified continuing professional development courses or any other specified course related to the nature of the contravention;

  • (f) require the licensee to participate in a mentoring program or be counselled by a professional with expertise in matters related to the nature of the contravention;

  • (g) require the licensee to pay a monetary penalty to the College in accordance with the schedule of penalties set out in the by-laws;

  • (h) take or require any other action set out in the by-laws;

  • (i) if the licensee fails to comply with an action set out in any of paragraphs (a) and (d) to (h), take or require any actions set out in any of paragraphs (a) to (h), take one of the actions set out in paragraph 38(a) or (b) of the Act or take or require any combination of those actions.

• Marginal note:Duration

  (2) The Registrar must not register a caution issued under paragraph (1)(b) on the licensee’s file for more than two years.