The 45-day consultation period for proposed regulatory amendments under the Immigration and Refugee Protection Act (IRPA) and Citizenship Act (CA) is open until February 4, 2025, allowing public feedback on the initiative. The amendments aim to improve oversight and accountability in Canada’s immigration and citizenship systems by addressing unauthorized practices and fraudulent behaviors. Currently, unauthorized individuals provide paid immigration and citizenship advice without legal authority, undermining the system’s integrity and causing significant harm to vulnerable applicants. Despite existing professional discipline measures and criminal penalties, issues such as fraud, misrepresentation, and unauthorized practice persist, prompting the need for additional enforcement tools.

The background highlights that only authorized practitioners—members of the College of Immigration and Citizenship Consultants, provincial or territorial law societies, or the Chambre des notaires du Québec—may legally provide paid immigration advice and representation. These professionals undergo specialized training and adhere to high regulatory standards. However, unauthorized practitioners, both within and outside Canada, remain a significant problem. Data from 2018 to 2022 indicates that about 17% of consultant offenses investigated annually involve unauthorized individuals, leading to adverse consequences for applicants, including financial losses and denied applications. A 2017 report by the House of Commons Standing Committee on Citizenship and Immigration identified systemic weaknesses, including inadequate governance, insufficient resources for enforcement, and low public awareness, prompting legislative amendments in 2019 to enable an administrative penalties and consequences (APC) regime.

The proposed amendments aim to deter unauthorized practices, reduce fraudulent activities, and protect applicants from exploitation. They introduce new enforcement measures, such as prohibitions on unauthorized practice and misrepresentation, along with designated penalties for violations. IRCC officers would gain authority to inspect and require documents from individuals suspected of violations and issue Notices of Preliminary Findings (NOPFs) or Notices of Violation (NOVs). The NOVs would include detailed information about the violation, penalties, and the process for review or payment. Administrative monetary penalties for unauthorized practice would start at $5,000, while misrepresentation penalties begin at $15,000, with adjustments based on factors like financial gains from violations and prior offenses. Maximum penalties per NOV could reach $1,500,000.

The initiative seeks to increase compliance and public confidence in the immigration system by equipping IRCC with robust tools to address infractions. By targeting unauthorized practitioners and fraudulent behaviors, the amendments aim to safeguard applicants and uphold the integrity of Canada’s immigration and citizenship processes.

Canada (Proposed) December 21, 2024