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

Marginal note:Delegation

• 30 (1) For the purposes of section 41 of the Act, the Registrar may delegate their powers, duties and functions only to employees of the College who

  • (a) are designated to act in place of the Registrar for a temporary period, as approved by the Board; and

  • (b) satisfy any other conditions specified in the by-laws.

• Marginal note:Capacity Evaluation Committee members

  (2) However, the Registrar may delegate to the members of the Capacity Evaluation Committee the power to suspend a licensee’s licence under paragraph 38(a) of the Act and the power under paragraph 38(c) of the Act to take or require the action set out in paragraph 29(1)(a) of these Regulations.

• Marginal note:Power referred to in subsection (2)

  (3) If the Registrar delegates a power referred to in subsection (2) to the members of the Capacity Evaluation Committee, the members may exercise that power in respect of a licensee only if an opinion referred to in paragraph 17(1)(a) concludes that the licensee is incapable of practising.

Complaints

Marginal note:Referral to another body

31 For the purposes of section 47 of the Act, the circumstances in which the College may refer a complaint in respect of a licensee or former licensee to another body that has a statutory duty to regulate a profession are that the College receives a complaint regarding the conduct of

• (a) a lawyer who is a member of a law society of a province or a notary who is a member of the Chambre des notaires du Québec;

• (b) any other member of a law society of a province, including a paralegal;

• (c) a student-at-law who is acting under the supervision of an individual referred to in paragraph (a); or

• (d) a member of a body that has a statutory duty to regulate a profession, other than a law society of a province or the Chambre des notaires du Québec.

Investigations

Marginal note:Removal of thing

• 32 (1) If an investigator removes a thing for examination or copying under paragraph 51(3)(b) of the Act, they must provide the person from whom it was obtained with a receipt describing the thing.

• Marginal note:Examination, copying and return

  (2) The examination or copying of the thing must be completed as soon as feasible and, once the examination or copying is completed, the thing must be returned as soon as feasible to the person from whom it was obtained.

• Marginal note:Return to owner

  (3) However, if the investigation relates to subsection 14(1) of the Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees, the thing must be returned to its owner. The investigator must provide written notice of that return to the person from whom the thing was obtained.

• Marginal note:Conservation of thing

  (4) The thing must be kept in a safe place for the period during which it is examined or copied.

• Marginal note:Deemed original

  (5) Any copy of a document or thing that is certified by an investigator is deemed to be the original of that document or thing.

Marginal note:Request for return

• 33 (1) At any time, the person from whom a thing was obtained, or the owner of the thing, may make a written request to the College for it to be returned as soon as feasible.

• Marginal note:Examination or copying

  (2) In response to such a request, the investigator must examine or copy the thing and return it, as soon as feasible, to the person from whom it was obtained or, in the case referred to in subsection 32(3), to the owner.

Decision of Complaints Committee

Marginal note:Referral to Discipline Committee

• 34 (1) For the purposes of subsection 57(1) of the Act and subject to subsection 11(2) of these Regulations, the circumstances in which the Complaints Committee must refer a complaint, in whole or in part, to the Discipline Committee are the following:

  • (a) the complaint is not frivolous and involves financial loss suffered by an individual due to a dishonest act committed by a licensee; and

  • (b) any other circumstance set out in the by-laws.

• Marginal note:Revoked licence

  (2) However, the Complaints Committee is not required to refer a complaint to the Discipline Committee if, at the time the Complaints Committee is considering the complaint under subsection 48(1) of the Act, the licensee referred to in that complaint has had their licence revoked as a result of a dishonest act similar to the one that is the subject of that complaint.

Marginal note:Caution

35 If the Complaints Committee requires a licensee to appear before it to be cautioned under paragraph 57(2)(b) of the Act, the licensee must appear.

Marginal note:Dispute resolution process

36 If a complaint is referred to a process of dispute resolution under paragraph 57(2)(c) of the Act and the matter is resolved to the satisfaction of the Complaints Committee, the licensee must comply with the resolution of the dispute.

Disciplinary Proceedings

Marginal note:Public hearings

37 In the context of public hearings referred to in section 64 of the Act, the Discipline Committee must take all reasonable precautions to protect

• (a) the welfare of vulnerable individuals;

• (b) the safety of any individual; and

• (c) subject to the conduct of hearings in the public interest, the privacy of any individual.

Marginal note:Professional misconduct or incompetence — actions

• 38 (1) In addition to the actions set out in subsection 69(3) of the Act, the Discipline Committee may take or require one or more of the following actions under that subsection:

  • (a) if an opinion referred to in paragraph 17(1)(a) 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, dismiss any part of the complaint that relates to that conduct or those activities;

  • (b) in all other circumstances,

    • (i) require the licensee to reimburse all or a portion of the costs incurred by the College during the proceeding before the Committee,

    • (ii) require the licensee to reimburse all or a portion of the costs incurred by any person designated by the Committee during the proceeding before it,

    • (iii) require the licensee to reimburse all or a portion of the fees and disbursements paid to the licensee by an individual, except in the case of a licensee who committed a dishonest act as a result of which an individual suffered financial loss,

    • (iv) require the licensee to pay to the College a monetary penalty of not more than $30,000 or, in the case of a licensee who committed a dishonest act as a result of which an individual suffered financial loss, an amount equal to the fees and disbursements paid to the licensee by that individual, in the form of a monetary penalty,

    • (v) prohibit the licensee from withdrawing, directly or indirectly, any funds held by the licensee related to their activities as a licensee or funds held in trust,

    • (vi) require the licensee to take and successfully complete specified continuing professional development courses, or

    • (vii) take any other action that is necessary in the circumstances for the public interest and to protect the public.

• Marginal note:Suspension period

  (2) The period during which a licensee’s licence may be suspended under paragraph 69(3)(b) of the Act is not more than two years.

• Marginal note:Maximum amount — penalty

  (3) The amount that may be required as a penalty under paragraph 69(3)(d) of the Act is not more than $50,000.

Marginal note:Personal information

39 If the Discipline Committee dismisses a complaint, or part of a complaint, under paragraph 38(1)(a) of these Regulations, the Committee, in giving its decision and the reasons for it under subsection 69(4) of the Act, must not disclose, absent the licensee’s consent, the licensee’s personal information other than their name and a statement that the complaint, or part of the complaint, is being dismissed because the licensee’s conduct or activities that are the subject of the complaint, or part of the complaint, were caused by the licensee’s incapacity to practise.

Marginal note:Redactions

40 For the purposes of subsection 69(5) of the Act, the College must ensure that the name of a person other than the licensee and any other information that could lead to that person’s identification is not included in any decision and reasons of the Discipline Committee made available on the College’s website or in any other communication regarding the decision.

Privileged Information

Marginal note:Circumstances for obtaining and using privileged information

41 The circumstances in which the Registrar, an investigator, the Complaints Committee or the Discipline Committee may obtain and use privileged information are the following:

• (a) the individual to whom the information relates consents to its being obtained and used;

• (b) the information is already public;

• (c) the information is being obtained and used to allow the exercise of powers and the performance of duties and functions of the Registrar, investigator, Complaints Committee or Discipline Committee conferred under the Act, these Regulations or the by-laws;

• (d) the information is being obtained and used within the context of a proceeding under the Act; and

• (e) there are reasonable grounds to believe that there is a significant risk of harm being caused to an individual and that obtaining and using the information is likely to reduce the risk.

Powers of College

Marginal note:Order

42 For the purposes of subsection 73.1(1) of the Act, the reasons for which the College may apply to any court of competent jurisdiction for an order are the following:

• (a) the licensee’s licence has been suspended or revoked;

• (b) the licensee has died or is missing;

• (c) the licensee is an incapable adult on behalf of whom a person is legally authorized to act, including a tutor, a mandatary under a protection mandate or any other person who is appointed to act in a similar capacity;

• (d) the licensee has neglected or abandoned their practice;

• (e) there are reasonable grounds to believe that the licensee has or may have dealt improperly with property that is or should be in their possession or control, or any other property; and

• (f) there is any other reason justifying the College’s application to any court of competent jurisdiction under subsection 73.1(1) of the Act for an order to carry out its purpose.

Marginal note:Authorization to make by-laws

43 Subject to the Act and these Regulations, the College is authorized to make by-laws

• (a) respecting the conflicts of interest of directors, members of the Complaints Committee, members of the Discipline Committee and members of any other committee of the College, including the management of such conflicts of interest;

• (b) respecting the Complaints Committee, Discipline Committee and any other committee of the College, including the powers, duties and functions of those committees, the eligibility requirements for membership in them and the remuneration, terms and removal of members;

• (c) respecting the eligibility requirements to be appointed as Registrar and the Registrar’s remuneration;

• (d) respecting the contents of the register of licensees and the manner in which the register is to be made available to the public;

• (e) respecting the actions that may be taken or required by the Registrar under section 38 of the Act, which may include the requirement to pay a monetary penalty, and specifying the amount or maximum amount of such a penalty by establishing a schedule that meets the following criteria:

  • (i) the monetary penalties under section 38 of the Act are lower than the amount set out in subsection 38(3) of these Regulations,

  • (ii) the penalty scale is graduated based on repeated failures to comply with the same requirement, and

  • (iii) the penalty amounts increase based on the severity of the failure to comply with a requirement;

• (f) limiting the individuals to whom the powers, duties and functions conferred on the Registrar may be delegated;

• (g) prescribing the circumstances in which the Complaints Committee must refer a complaint, in whole or in part, to the Discipline Committee; and

• (h) prescribing a percentage higher than that set out in paragraph 10(b).

Powers of Minister — Temporary Administration

Marginal note:Circumstances surrounding appointment

• 44 (1) For the purposes of section 75 of the Act, the circumstance in which the Minister may appoint a person is that the Minister determines that the purposes of the Act are not being carried out, including when the Board is unable or unwilling to exercise its powers and perform its duties and functions.

• Marginal note:Notice

  (2) The Minister must, in writing and without delay, notify the Board of the appointment and the reasons for it.

• Marginal note:Effective date

  (3) The appointment takes effect when the powers, duties, functions and conditions specified by the Minister under subsection 45(1) are made available to the public and provided to the Board.

Marginal note:Powers, duties, functions and conditions

• 45 (1) Before making the appointment, the Minister must

  • (a) specify the powers, duties and functions to be conferred;

  • (b) set out the objectives and the timeline for meeting them;

  • (c) specify the professional qualifications and experience and any other eligibility requirements that the Minister considers necessary to exercise the powers and perform the duties and functions conferred; and

  • (d) set the period of the appointment.

• Marginal note:Additional condition

  (2) In addition to satisfying the conditions specified under paragraph (1)(c), the person appointed must not be an ineligible individual under subsection 9(1) of these Regulations or section 20 of the Act.

• Marginal note:Period

  (3) The appointment is for a period of not more than one year.

• Marginal note:Reports and information

  (4) During the period of the appointment, the College must provide, at the Minister’s request, any report and information regarding its activities.

• Marginal note:Reappointment or new appointment

  (5) If, at the end of the period of the appointment, the Minister determines that the objectives that they set out have not been met or that new objectives are to be met, they may reappoint the person, or appoint a new person, in accordance with this section.

Disclosure of Personal Information

Marginal note:Disclosure — capacity to practise

46 The College, Registrar, Complaints Committee and Discipline Committee may disclose personal information related to a licensee’s capacity to practise to the Capacity Evaluation Committee.

Marginal note:Clarification

47 For greater certainty, the Capacity Evaluation Committee may disclose personal information related to a licensee’s capacity to practise in providing an opinion referred to in paragraph 17(1)(a) to the Registrar, Complaints Committee or Discipline Committee.

Marginal note:Disclosure — violations and offences

• 48 (1) If, in representing or advising persons in immigration or citizenship matters, an individual is suspected of having committed any violation or offence, as the case may be, under the Immigration and Refugee Protection Act, the Citizenship Act, the Emergencies Act or the Quarantine Act or under any regulations made under those Acts, the College may disclose personal information relevant to that violation or offence to the authorities responsible for the administration or enforcement of the Act or regulations in question.

• Marginal note:Professional misconduct or unauthorized practice

  (2) The College may disclose personal information related to potential professional misconduct or potential unauthorized practice by an individual who represents or advises persons in immigration or citizenship matters

  • (a) to any body that has a statutory duty to regulate a profession, if the information disclosed is relevant to that body;

  • (b) to any province; or

  • (c) to any foreign institution with powers, duties and functions similar to those of the College or to any foreign state with which the College has entered into an agreement or arrangement under subsection 73.5(1) of the Act.

• Marginal note:Only necessary information

  (3) The College may disclose personal information in respect of any individual involved, directly or indirectly, in a violation or offence referred to in subsection (1) or the professional misconduct or unauthorized practice referred to in subsection (2) only if that information is necessary for the application of subsection (1) or (2), as the case may be.