Proposed Amendments to the Immigration and Refugee Protection Regulations (Authorized Representatives)

Issue

The purpose of this Operational Bulletin (OB) is to clarify that the Canadian Society of Immigration Consultants (CSIC) remains the governing body for immigration consultants. CSIC members are recognized as authorized representatives under Section 2 of the Immigration and Refugee Protection Regulations (IRPR).

Background

Regulations have been pre-published in the Canada Gazette indicating that the CSIC may be replaced with a new regulatory body, the Immigration Consultants of Canada Regulatory Council (ICCRC).

Section 91 of the Immigration and Refugee Protection Act indicates that Regulations may govern who may represent a person who is the subject of a proceeding before the Minister, an officer or the Immigration and Refugee Board.

The IRPR define “authorized representative” as an individual who is a member in good standing with a Canadian provincial/territorial law society, the Chambre des notaires du Québec or CSIC.

Instructions

The Regulations have not changed. CSIC continues to be the regulator of immigration consultants and CSIC members in good standing continue to be recognized as authorized representatives. The existing procedures as described in the IP 9 chapter “Use of Representatives Paid or Unpaid” should continue to be followed.

Should the proposed Regulations become enacted, further instructions will be issued indicating how transition from CSIC to a new regulator would affect processing of cases already in process and new cases.

Royal Assent of Bill C-35, An Amendment to the Immigration and Refugee Protection Act (Authorized Representatives)

Issue

The purpose of this Operational Bulletin (OB) is to provide guidance following Royal Assent of Bill C-35, An Act to Amend the Immigration and Refugee Protection Act (IRPA) and to clarify that the related amendments to the IRPA and the Immigration and Refugee Protection Regulations have not yet come into force.

Background

Bill C-35, An Act to Amend the IRPA, received Royal Assent on March 23, 2011. However, the Bill’s provisions have not yet come into force and the date that they will be enacted is not yet known.

The Bill provides, among other things, the Minister with the authority to enact Regulations to designate a governing body for the regulation of immigration consultants as well as the authority to make transitional Regulations in relation to that designation.

Instructions

It is important to note that nothing changes until the Bill’s provisions come into force. In particular, the Canadian Society of Immigration Consultants (CSIC) remains the governing body for the regulation of immigration consultants.

CSIC members in good standing continue to be recognized as authorized representatives. The existing procedures as described in the IP 9 chapter “Use of Representatives Paid or Unpaid” should continue to be followed.

Should Bill C-35 come into force, further instructions will be issued.

http://www.cic.gc.ca