IRCC proposes creation of compensation fund for victims of unethical immigration consultants…

Immigration, Refugees and Citizenship Canada (IRCC) has proposed new rules that would present hundreds of thousands of in compensation for victims of dishonest immigration consultants.

This variation is a part of quite a lot of draft rules for quite a lot of adjustments to the governance and operations of the Faculty of Immigration and Citizenship Consultants, revealed within the Gazette.

The Faculty is the regulatory authority arrange by IRCC in 2021 to supervise immigration and citizenship consultants and defend the general public.

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Compensation fund

The proposed rules would set up when shoppers of immigration consultants are eligible to obtain compensation for affected by a registered guide’s dishonest act.

In an evaluation on how the compensation fund may function, IRCC initiatives that in interval 1, the fund would concern 146 funds, with a median estimated cost of $four,652. Within the first 10 intervals, the ministry estimates that compensation fund funds would whole $5,756,304.

The rules would additionally set out when shoppers would wish to use to obtain compensation, and after they may obtain compensation with out making use of.

Underneath the present rules, if the Faculty’s Self-discipline Committee have been to find out shopper suffered monetary loss because of a licensee’s dishonest act, the shopper would learn of their eligibility for compensation from the Faculty, with no utility required.

The rules state that functions for compensation can be required in circumstances when

• The Faculty’s Self-discipline Committee has decided that the licensee dedicated a dishonest act, however couldn’t decide the monetary loss; or
• The Complaints Committee didn’t refer the shopper’s criticism to the Self-discipline Committee, on account of the licensee’s license having been revoked.

The proposed rules would additionally set up how the compensation fund be managed and financed.

The goal of the brand new rules is to encourage paid representatives to behave extra truthfully and to fight fraud. The rules are anticipated to return into impact in 2025.

Extra Adjustments

The rules additionally goal to increase the Faculty’s authority in the case of the next:

• The general public register of immigration consultants: This might help the Faculty by immediately verifying whether or not a guide is permitted to supply immigration providers.
• Complaints and self-discipline processes: This may streamline processes.
• Investigations: This could grant the Faculty extra authority to conduct investigations into consultants suspected of fraud.

Earlier bulletins

The draft rules builds on the penalties for paid immigration representatives who violate the regulation, which have been introduced earlier this 12 months by Marc Miller, Minister of Immigration.

In a press convention on Jan 15, 2025, Miller introduced IRCC’s intention to implement harsher fines together with a naming and shaming marketing campaign.

Big monetary penalties

The proposed penalties embrace fines of as much as $1.5 million for advising shoppers to misrepresent themselves.

Notice: Misrepresentation refers to offering data to the federal government of Canada that’s unfaithful and will trigger an error in making use of immigration regulation to the case.

Misrepresentation can result in extreme penalties for candidates, together with rejected functions, fines, being banned to use for Canadian immigration for 5 years; and/or being ordered to depart Canada.

Public disclosure of offenders

Details about paid representatives discovered responsible of violations will likely be revealed on the division’s web site.

This would come with publishing the character of the violation, the quantity of the penalty, and a sign of whether or not the consultant has paid the penalty.

What do immigration consultants and immigration representatives do?

Immigration consultants information people and households on navigating Canada’s immigration system. Citizenship or immigration consultants should be members of the Faculty of Immigration and Citizenship Consultants.

Immigration representatives provide immigration recommendation and assist folks select the perfect immigration packages for his or her targets. They will additionally act on an applicant’s behalf for immigration and citizenship functions, whereas speaking with the federal government, or at hearings.

There are two varieties of representatives: paid and unpaid.

Paid representatives should be approved by the federal government. These embrace

• attorneys and paralegals who’re members in good standing of a Canadian provincial or territorial regulation society;
• notaries who’re members in good standing of the Chambre des notaires du Québec; and
• citizenship or immigration consultants who’re members in good standing of the Faculty of Immigration and Citizenship Consultants.

Anybody can act as an unpaid consultant. Nonetheless, it should be declared on an utility whether or not there was the usage of a consultant, paid or unpaid. Failure to reveal this could result in an utility getting rejected.

Notice: When you present any type of compensation to a consultant in return for his or her providers, they’re thought of paid and should be approved.

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