Vol. 145, No. 14 — July 6, 2011
SI/2011-57 July 6, 2011
AN ACT TO AMEND THE IMMIGRATION AND REFUGEE PROTECTION ACT
ARCHIVED — Order Fixing June 30, 2011 as the Day on which Chapter 8 of the Statutes of Canada, 2011, Comes into Force
P.C. 2011-731 June 23, 2011
His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to section 7 of An Act to amend the Immigration and Refugee Protection Act, chapter 8 of the Statutes of Canada, 2011, hereby fixes June 30, 2011 as the day on which that Act comes into force, other than section 6, which came into force on assent.
(This note is not part of the Order.)
This Order fixes June 30, 2011, as the day on which the provisions of An Act to amend the Immigration and Refugee Protection Act (the “Act”), chapter 8 of the Statutes of Canada, 2011, comes into force, other than section 6, which came into force on Assent.
Once in force, the Act will extend the prohibition to directly or indirectly represent or advise for consideration — or offer to do so — to all stages of the application or proceeding. An exception to the provision is provided to members in good standing of a law society of a province or territory or the Chambre des notaires du Québec — including paralegals — and members of a body designated by the Minister of Citizenship and Immigration (the “Minister”). Students-at-law acting under the supervision of a member in good standing of a law society or the Chambre des notaires du Québec, as well as entities authorized to provide services to assist persons with their IRPA applications, and persons acting on the entities’ behalf, pursuant to an agreement or an arrangement with Her Majesty in right of Canada, are also exempt from this provision.
The Act creates a specific offence provision for contravening the expanded prohibition against unauthorized representation and includes increased penalties, such as a fine of up to $100,000 and/ or imprisonment for up to two years on conviction on indictment, or to a fine of up to $20,000 and/or imprisonment for up to six months on summary conviction.
The Act also provides the Minister with the authority to make regulations to designate or revoke the designation of a body responsible for regulating immigration consultants. The Act also authorizes the Governor in Council to make regulations requiring a designated body to provide the Minister with information regarding its activities. The information would be used to assist the Minister in evaluating if the designated body is regulating its members in the public interest and if the members are providing their services in a professional and ethical manner. The Act also facilitates information sharing with regulatory bodies regarding the professional and ethical conduct of their members.
Finally, the Act provides the Minister with the authority to provide for transitional measures, by regulation, in relation to the designation or revocation of the body responsible for the regulation of immigration consultants.