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CIMM Committee Report

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PART 6: REGULATION OF IMMIGRATION CONSULTANTS

    Section 91 of the Act permits regulations to be made regarding who may or may not represent, advise or consult with a person who is the subject of a proceeding or application before the Minister, an officer, or the Immigration and Refugee Board. It may be assumed that any regulations contemplated under this provision would be for the purpose of governing immigration consultants. The proposed regulations, however, do not mention consultants, nor does the Regulatory Impact Analysis Statement. For many witnesses, these were disappointing omissions. The new Minister specifically requested that the Committee consider this matter.

    For a number of years, the public, the Department, and Parliament have been aware of the numerous problems created by unscrupulous immigration consultants. We hasten to add that there are many bona fide consultants, a number of whom appeared before us as witnesses. In 1995, this Committee studied the matter and reported that it was time that the exploitation of vulnerable people by unscrupulous consultants must end, and made practical recommendations as to how that could be accomplished. Over six years later, with little concrete progress having been made, the title of the report seems ironic: Immigration Consultants: It’s Time to Act.

    Some steps were taken. Groups representing consultants have collaborated to develop a regulatory model for a college of immigration practitioners in accordance with the Department’s requirements, but the project seems to have stalled. The Committee urges the Department to treat this as a matter of concern and proceed with implementation of a regulatory system as soon as possible.

RECOMMENDATION 62

Citizenship and Immigration Canada should treat the licensing of immigration consultants as a matter of priority. To that end, it should proceed with the groups representing consultants on the development and implementation of the College of Immigration Practitioners and implement this Committee’s 1995 Report.