Immigration Consultants Lawyer

 The Immigration Consultants of Canada Regulatory Council (“ICCRC”) is a federal corporation  designated by the Minister of Immigration, Refugees and Citizenship to regulate immigration consultants and international student immigration advisors. The Immigration and Refugee Protection Act (“IRPA”) requires individuals who provide/offer advice or representation for a fee in connection to an expression of interest or any application under the IRPA to be “members in good standing” with the ICCRC. Such applications include applications for permanent residence and refugee status. Providing advice or representation for a fee without being a member of the ICCRC is an offence under the IRPA carrying a maximum penalty of $100,000 fine and two years imprisonment. Non-members are also prohibited from designating themselves as a “Regulated Canadian Immigration Consultant” or a”RCIC”.

Most rules governing the ICCRC’s are outlined in it’s by-laws, regulations, policies, and code of professional ethics. 

Services 

Burokas Law acts as a ICCRC in representing immigration consultants and international student immigration advisors ("RISIA") with all their dealings with the ICCRC. Services include:

• advice and advocacy when applying to the ICCRC for membership or registration as a RISIA;
• drafting Notice of Appeals and conducting hearings at the Registrar Appeal Committee;
• responding to complaints to the Complaints Committee;
• conducting hearings at the Discipline Committee, and;
• conducting hearings at the Fitness to Practice Committee 

Membership and Registration

Membership with the ICCRC is mandatory if an individual or business wishes to provide immigration advice and representation to applicants of Canada’s immigration system. The ICCRC generally divides individuals into three categories:

• Regulated Canadian Immigration Consultants (“RCIC”)- Individual members of the ICCRC who provide immigration advice and representation;
• Regulated International Student Immigration Advisor (“RISIA”)- Non-member individuals who are limited to providing advice regarding study permits, temporary resident visas, and how they relate to other Canadian immigration programs. 
• Sole Proprietorships and “Firms” (partnerships or corporations)- business operating under a name other than an individual.

Under by-law 10 of the ICCRC’s by-laws, the board of directors of the ICCRC (the “board”) is obligated to admit any individual, sole proprietorship, or firm (not RISIAs) to membership of the ICCRC, if the meet the following criteria:

• is at least 18 years of age;
• is a citizen or permanent resident of Canada, or registered as an Indian under the Indian Act, R.S.C. 1985, c. I-5;
• is not insolvent or an undischarged bankrupt;
• has not found to be of unsound mind or mentally incompetent;
• has met all educational, examination, practical experience requirements;
• applicants must pass the “Full Skills Examination” within four attempts.
• has applied for membership in accordance with the by-laws and paid the fee;
• has provided satisfactory references as to character;
• has agreed to abide by the by-laws, code of professional ethics, and counsel regulations;
• has satisfied the Board that he or she is of good character as prescribed by regulation, and;
• has satisfied the Board that he or she should be admitted as a member.

RISIAs

For individuals RISIA registration, they must:

• be at least 18 years old;
• be a Canadian citizen, permanent resident, or status Indian; 
• complete an educational program within the past 3 years;
• individuals already employed in the education sector to provide immigration advice to international students need not complete the course if they provide a reference letter attesting to such.
• upon completion, pass the RISIA Entry-to-Practice Exam;
• provide proof of employment as an international student advisor;
• have professional liability insurance;
• provide a RCMP criminal record search certificate issued within the past one year;
• provide a statuary declaration of good character and conduct, and;
• satisfy the Registrar that the person is of good character and conduct. 

Good Character and Good Conduct

Much of the ICCRC’s analysis of an individual’s or firm’s ability to the be registered and remain registered to a category outlined above will depend on their opinion about whether the applicant/registrant has good character and good conduct. The ICCRC has a specific regulation dedicated to this concept. As an ongoing obligation of membership/registration, a member or RISIA must demonstrate continuing good character and conduct so as to protect the public interest and maintain confidence in the profession. 

Incidents or offences in an individual’s past does not necessarily negate a finding of good character and conduct. The ICCRC will consider past conduct such as criminal record/proceedings, outstanding court orders, complaints/discipline with another professional regulator, and financial issues such as insolvency and bankruptcy. In assessing such incidents, the ICCRC will consider the following elements of good character:

• fairness and open-mindedness;
• honesty and truthfulness;
• Integrity and trustworthiness;
• moral and ethical strength;
• respect for and consideration of others;
• respect for the rule of law, and;
• responsibility and accountability.

The Registrar Appeal Committee

The Registrar’s decision regarding a membership/registration is not final. It’s decision is subject to review by a “Registrar Appeal Committee” administered by the ICCRC to hear appeals from the following administrative actions:

• Individuals and businesses refused admission or re-admission to membership or registration (as the case may be);
• Registrar’s suspension of a membership or registration, or;
• The issuance of a Registrar’s Caution or Warning.

If the Registrar takes such action against an individual or business, it will provide a Notice of Referral outlining the action and why. The individual or business will have the right to file a Notice of Appeal to challenge the decision within 30 days. The Registrar Appeal Committee can conduct case conference to facilitate settlement or make procedural orders regarding an “oral proceeding” where the committee is empowered determine any question of law or mixed fact and law relevant to conducting the appeal. The committee will either confirm the Registrar’s decision, overturn or vary the Registrar’s decision, or dismiss the appeal. 

Investigation

The ICCRC may employ investigators to investigate complaints from the public regarding a member’s or registrant’s (RISIAs) alleged contravention of the ICCRC by-law, regulations, or code of professional ethics. An investigator must be directed by the Registrar or a committee of the ICCRC to do so. In conducting a directed investigation, investigators may question members, registrants, and firm employees; require the production of documentation; or remove it for examination. 

Complaints Committee

The ICCRC administers a Complaints Committee to review complaints referred to it by the ICCRC to determine if they may reasonably be considered an offence under the Code of Professional Ethics and both the complainant and relevant member/registrant has the opportunity to make written submissions. After reviewing the complaint, investigator report, and any legal opinion it receives, the Complaint Committee may do one or more of the following:

• refer the complaint to the Discipline Committee;
• not refer to Discipline Committee with or without offering a recommendation to the member about their future conduct;
• refer the complaint to an investigator for further fact-finding;
• refer the complaint to the Registrar to be dealt with as a regulatory offence;
• refer the complaint to the Fitness to Practice Committee where there is suggestion of capacity or competency issues that are inappropriate for the Discipline Committee;
• with consent of the member, order they partake in a voluntary resolution program;
• caution the member, or;
• make any other appropriate order not inconsistent with the By-laws.

For dispositions other than a referral to the Discipline Committee, a complainant may have the decision of the Complaints Committee reviewed by an Independent Complaints Review Officer.  

Discipline Committee

The ICCRC administers a Discipline Committee to consider every complaint referred to it by the Complaints Committee. Unsettled complaints are heard by the Discipline Committee who will consider relevant evidence, usually in oral or documentary form, to determine whether the member or firm committed an offence by failing to comply with the, By-laws, Regulations, or Code of Professional Ethics. If a majority of a sitting panel of the Discipline Committee finds that a member, RISIA, firm, or sole proprietorship committed an offence, it may:

• revoke the relevant membership or registration for a period;
• suspend the relevant membership or registration for a period;
• prohibit a suspended member from using any designation implying the member is practicing as a RCIC;
• impose conditions on the right of the member to practice;
• reprimand the member/registrant;
• require the member to successfully complete professional development courses or seek counselling, or;
• require the member, RISIA, or firm to pay a fine and/or the ICCRC’s costs.

If the Discipline Committee finds the member or RISIA ungovernable, it may suspend or revoke the membership/registration permanently.