Vol. 145, No. 15 — July 20, 2011

Registration

SOR/2011-142 June 28, 2011

IMMIGRATION AND REFUGEE PROTECTION ACT

ARCHIVED — Regulations Designating a Body for the Purposes of Paragraph 91(2)(c) of the Immigration and Refugee Protection Act

The Minister of Citizenship and Immigration, pursuant to subsections 91(5) (see footnote a) and (7) (see footnote b) of the Immigration and Refugee Protection Act (see footnote c), hereby makes the annexed Regulations Designating a Body for the Purposes of Paragraph 91(2)(c) of the Immigration and Refugee Protection Act.

Ottawa, June 27, 2011

JASON KENNEY
Minister of Citizenship and Immigration

REGULATIONS DESIGNATING A BODY FOR THE PURPOSES OF PARAGRAPH 91(2)(C) OF THE IMMIGRATION AND REFUGEE PROTECTION ACT

INTERPRETATION

1. The following definitions apply in these Regulations.

“Act” means the Immigration and Refugee Protection Act. (Loi)

“ICCRC” means the Immigration Consultants of Canada Regulatory Council, incorporated under Part II of the Canada Corporations Act on February 18, 2011. (CRCIC)

DESIGNATION

2. For the purposes of paragraph 91(2)(c) of the Act, the ICCRC is designated as a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under the Act.

TRANSITIONAL MEASURES

3. (1) Any person who, on the date on which these Regulations come into force, is a member in good standing of the Canadian Society of Immigration Consultants, incorporated under Part II of the Canada Corporations Act on October 8, 2003, is a member of the ICCRC, for the purposes of the Act, for a period lasting until the earlier of

1. (a) 120 days following the date on which these Regulations come into force; and
   
2. (b) the date on which that person discontinues their status as a member of the ICCRC.

(2) For the period during which they are a member of the ICCRC in accordance with subsection (1), the persons referred to in that subsection are not required to pay membership fees to that body.

COMING INTO FORCE

4. These Regulations come into force on the day on which section 1 of An Act to amend the Immigration and Refugee Protection Act, chapter 8 of the Statutes of Canada, 2011, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issue

In 2004, the Regulations were amended to ensure that only persons who were authorized representatives could, for a fee, represent, advise or consult with a person who was the subject of a proceeding or application under the Immigration and Refugee Protection Act (IRPA). The term “authorized representative” was defined in the amendments as a member in good standing of a bar of a province, the Chambre des notaires du Québec or the Canadian Society of Immigration Consultants (CSIC).

The Regulations were amended in response to persistent and credible reports that some unscrupulous immigration consultants, both in Canada and abroad, were facilitating people smuggling and fabricating documents permitting foreign nationals to enter Canada illegally. Certain consultants who held themselves out as experts had no training or experience in handling complex files. Others made false promises, and charged exorbitant fees for their services. In a number of reported cases, consultants charged fees for an unfulfilled promise to file immigration applications, while providing bogus file reference numbers and advising clients that the Canadian government has refused the application. The primary intent of this change was, therefore, to enhance public confidence and to preserve the integrity of Canada’s immigration system.

In 2003, CSIC was incorporated as an independent, federally incorporated not-for-profit body operating at arm’s length from the federal government and in 2004 they were recognized in the Regulations as the organization responsible for regulating paid immigration consultants (who are not lawyers or members of the Chambre des notaires du Québec). According to the December 1, 2003, Immigration Consultants Program Contribution Agreement (CA) between the Department of Citizenship and Immigration Canada (CIC) and the then newly established CSIC, the primary objective of CSIC was “to enhance public confidence, preserve the integrity in the immigration program and protect vulnerable clients by providing them a recourse mechanism where they have been given inappropriate advice.” At that time, the Government committed to stakeholders that should CSIC fail to fulfill its central role of consumer protection and maintaining professional standards, the Government would take action to remove its recognition of CSIC members. (see footnote 1)

Over six years later, concerns about the regulation of immigration consultants by CSIC persist. In 2008, the House of Commons Standing Committee on Citizenship and Immigration (Standing Committee) undertook a study of the immigration consulting industry. The Standing Committee travelled throughout Canada over a three-week period to hear from witnesses. These witnesses included, among others, members of CSIC, the Canadian Bar Association, the Canadian Association of Professional Immigration Consultants, the Royal Canadian Mounted Police and the Canada Border Services Agency (CBSA). In June of 2008, the Committee issued a report, summarizing its findings, entitled Regulating Immigration Consultants.

The analysis undertaken by the Standing Committee raised concerns regarding the current practice of the regulation of immigration consultants and its potential impact on public confidence in the immigration program. The Committee stated that it had heard from “a number of immigration consultants across the country, many of whom expressed great dissatisfaction with the way CSIC is currently governed.” Consequently, it is expected that the designation of the ICCRC will provide efficient and effective regulation of immigration consultants, which in turn will support Canada’s long-term immigration objectives as well as bolster public confidence in the immigration system.

Objectives

The intent of the Regulations is to better protect applicants to immigration processes and enhance public confidence in the immigration system by designating a regulator of immigration consultants that has demonstrated the ability to establish the necessary competence, integrity, accountability, viability and good governance to effectively regulate immigration consultants.

Description

By virtue of new authorities provided through the coming into force of Bill C-35, An Act to Amend the Immigration and Refugee Protection Act, the Minister has made regulations designating the Immigration Consultants of Canada Regulatory Council (ICCRC) as an entity whose members in good standing are authorized to represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under IRPA.

A transitional provision is also enacted which deems persons who are members in good standing of CSIC, at the time of the coming into force of ICCRC’s designation, to be recognized as members of the ICCRC for a period of 120 days, without being subject to membership fees. Such a provision supports continuity of service and protects applicants to immigration processes as well as the livelihoods of the former CSIC members.

Regulatory and non-regulatory options considered

Many options were considered to address the lack of public confidence in CSIC, including the introduction of new stand-alone legislation to re-establish the body using a law society model.

It was acknowledged that, considering CSIC’s arm’s-length status, CIC had limited ability to affect the organization’s practices. The concerns with CSIC related to its core governance mechanisms and the legitimacy of such mechanisms as perceived by its membership, by Parliament and by the public.

A legislative approach to reconstitute CSIC as a statutory body, as suggested by the House of Commons Standing Committee, was rejected due to concerns about a lengthy and resource intensive implementation process. While CIC has not initiated such changes as recommended by the Standing Committee, it has moved forward with the legislative changes to IRPA found in Bill C-35, which received Royal Assent during the third session of the 40th Parliament. These legislative changes will strengthen government oversight of the regulator and is intended to improve discipline of its members through the information sharing provision.

As part of a broader strategy to protect would-be immigrants from unethical or unprofessional behaviour by unscrupulous third party intermediaries, CIC launched a transparent public selection process to identify a governing body for recognition as the regulator of immigration consultants. This process was initiated through the publication of a Notice of Intent in the Canada Gazette on June 12, 2010, which sought input from the public on a proposed process to identify such a governing body. A Call for Submissions from interested candidates was then published in the Canada Gazette on August 28, 2010. The Call for Submissions outlined five key competencies which served as selection factors, namely competence, integrity, accountability, viability and good governance. Following the end of the submissions period, a Selection Committee comprised of three senior public servants and four external experts was established to review the submissions received. Based on the results of the Selection Committee review, the Immigration Consultants of Canada Regulatory Council (ICCRC) has been proposed as the regulator to govern immigration consultants.

Consistent with the abovementioned selection factors, the ICCRC has demonstrated that it meets the necessary organizational competencies to effectively regulate immigration consultants. It has also demonstrated its intention to foster a culture of transparency and openness in order to be properly accountable to its membership and to the Canadian public. The entity has demonstrated its commitment to sound financial management and reporting, as well as a plan to ensure a membership base that will provide for the sustainability of the body through the promotion of membership to qualified practitioners. By proposing fee reductions, it is believed that members will get better value for their money, belong to an entity that practices good financial management and creates an incentive for new consultants or “ghost” consultants to participate in a legitimate association that provides support and oversight.

The approach under new authorities found in Bill C-35

Following the results of the public selection process to identify a regulator of immigration consultants, proposed amendments to the Regulations recognizing the ICCRC as the new regulator of immigration consultants were published in the Canada Gazette, Part I, on March 19, 2011, under the former statutory authority. A transitional provision was also pre-published in the same issue of the Canada Gazette, whereby persons who are members in good standing of CSIC, immediately before the coming into force of the proposed regulatory amendments, would be authorized to continue to represent, advise or consult with applicants for a period of 120 days following the designation of the new regulator.

The pre-publication of regulatory amendments under existing authorities had been conducted in order to ensure that the chosen entity was identified through a fair, open and transparent process as quickly and efficiently as possible. The adoption of Bill C-35 by Parliament on March 23, 2011, and the coming into force of this Bill on June 30, 2011, however, provide new authorities that offer additional oversight mechanisms and transitional making authorities compared to the proposed Regulations published in the Canada Gazette, Part I, on March 19, 2011. Furthermore, amending the Regulations under the previous authority would still have required the additional step of designating the regulator once Bill C-35 came into force. By designating the ICCRC as the regulator of immigration consultants and by enacting the relevant transitional provisions under new authorities found in Bill C-35, the intended outcomes are achieved efficiently and with the least possible disruption to the immigration consultant industry.

With respect to the enhanced transition-making authority under Bill C-35, members in good standing of CSIC, immediately before the coming into force of the designation of the new regulator, will be recognized as members of the ICCRC without being subject to membership fees for a period of 120 days.

Benefits and costs

A full cost-benefit analysis was completed prior to the publication of regulatory amendments under current authorities in the Canada Gazette, Part I, on March 19, 2011. The cost-benefit analysis assumes a baseline scenario whereby CSIC continued to operate and govern the industry in its current form. It was recognized that no organization remained static and that CSIC could reform and improve accountability and achieve overall efficiency gains. However, because it was not possible to predict the operational actions of CSIC over the study period with any certainty, CIC chose to measure all impacts from the current situation.

The baseline was then compared with the option to create a new governing body. In this case, it was assumed that CSIC would no longer perform the function of governing immigration consultants and thus would cease to operate for that purpose. ICCRC would be designated to provide the same functions as CSIC with a commitment to enhanced standards of competence, integrity, accountability, viability and good governance.

The regulatory change generated an overall net benefit because it supported the creation of a body that provides good governance, accountability and integrity to immigration consultants as well as to Canada’s overall immigration programs. It was also understood that the mechanisms proposed by ICCRC for the rigorous assessment of the competence of prospective members and procedurally fair and effective complaint and discipline mechanisms, as well as certification procedures, would contribute to more effective management of the immigration consultants industry.

The total estimated cost for the analysis period (2011–20) for the option that would create a new governing body to replace CSIC was approximately $3.6 million. These costs were largely attributed to start-up and transitional costs. The total corresponding estimated benefits of the designation is $11.2 million, largely due to a commitment by the ICCRC to reduce membership fees. By comparing the quantitative costs and benefits of both scenarios, it was estimated that the designation would generate a monetized benefit in the range of $7.6 million (PV) over the analysis period.

The full cost-benefit analysis report is available upon request.

Results and summary table

COSTS & BENEFITS	BASE YEAR	YEAR 1 (2012)	YEARLY AVERAGE	FINAL YEAR	TOTAL (2011–2020)
A. QUANTIFIED IMPACTS, IN MILLIONS OF PRESENT VALUE DOLLARS (PV$)
Benefits
Dues reduction — members	0.0	0.9	0.7	0.6	6.6
Labour efficiency gains/director fees — ICCRC	0.0	0.3	0.2	0.2	2.0
Labour efficiency gains/staffing — ICCRC	0.0	0.6	0.3	0.2	2.6
Total benefits	0.0	1.9	1.1	0.9	11.2
Costs
Start-up costs — CIC	0.03	0.03	0.02	0.00	0.2
Corporate support costs — CIC	0.5	0.4	0.2	0.0	2.0
Transition costs — CIC	0.2	0.2	0.06	0.0	0.6
Loss of repayable contribution — CIC	0.5	0.0	0.05	0.0	0.5
Transition costs — province(s)	0.1	0.0	0.01	0.0	0.1
Costs for unemployment insurance for CSIC staff — Government of Canada	0.0	0.08	0.008	0.0	0.08
Salary loss for staff — CSIC staff	0.0	0.1	0.01	0.0	0.1
Total costs	1.3	0.8	0.4	0.0	3.6
Total net benefits	-1.3	1.1	0.7	0.9	7.6
B. QUALITATIVE IMPACTS
Benefits	Based on ICCRC’s submission for the public selection process, the organization has committed to enhancing the protection of the Canadian public and those who use the services of immigration consultants through the implementation of various tools and measures, including the development of awareness campaigns on issues of fraud and available resources among immigrant communities, immigrant service providers, as well as the general public. It is believed that such commitments, coupled with strong management and regulation of immigration consultants will lead to increased public confidence in the immigration system.
	Based on ICCRC’s submission, the organization intends to install mechanisms for the rigorous assessment of the competence of prospective members and provide procedurally fair and effective complaint and discipline mechanisms, as well as robust certification procedures to accredit consultant training and continuing education programs. This is anticipated to lead to better quality representation from consultants at the Immigration and Refugee Board (IRB), and avoid unnecessary delays since poorly trained consultants may prolong IRB proceedings or may fail to present proper evidence on behalf of their clients.
	The ICCRC has demonstrated the commitment to enhanced standards of competence, integrity, accountability, viability and good governance in the immigration consultants industry.
Costs	All identified costs have been quantified.

Benefits

New regulator

By meeting the selection factors outlined in the August 28, 2010, Call for Submissions, the ICCRC has demonstrated its intention to uphold the primary objective of ensuring that the public is well served by ethical and professional immigration consultants through its own effective regulation of those consultants.

The new regulator is expected to provide, among other things, a procedurally fair and accessible complaint and discipline mechanism, a code of conduct, errors and omissions insurance for members, as well as liability insurance for the body itself, a compensation fund, and a commitment to provide full services in both official languages to both members and clients. The Government of Canada has provided the ICCRC with a repayable loan of up to $1,000,000 to aid the entity in start-up expenses so that it can ensure continuity of service and protect applicants to immigration processes as well as the livelihoods of former CSIC members.

It is projected that the ICCRC will incur incremental savings in director’s fees since it has proposed to reduce such fees from a reported $55,000 per year to $12,000 per year. While the ICCRC has suggested hiring an additional six directors, the significant reductions in the fee structure would lead to an overall net savings. It is also projected that the ICCRC will incur savings in salaries and benefits from the current staffing levels. With respect to staff members, the ICCRC has proposed hiring 18 staff in the first two years and 24 staff for years three and onwards, which will result in a net salary savings to the ICCRC.

Immigration consultants

Immigration consultants will benefit from a governing body that is accountable and transparent to its members. To this end, the selection factors outlined in the Call for Submissions published in the Canada Gazette, Part I, on August 28, 2010, included competence, integrity, accountability, viability and good governance. These competencies serve to ensure that any new not-for-profit regulator is accountable and transparent. It is expected that this will, in turn, address the concerns raised by the Standing Committee, and immigration consultants alike, in their calls for a more accountable and transparent governing body.

Furthermore, the new entity, in passing on its operational efficiency gains, will reduce fees. This fee reduction will represent a benefit for members. It is expected that the current average fee (which does not include errors and omissions insurance) of $2,095 will be reduced to $1,550, which is more in line with comparable legal associations. It is not expected that fee reductions will result in a loss of services to members, but will be achieved by operational cost savings.

The general public and applicants to immigration processes

The ICCRC has demonstrated through its successful candidacy in the public selection process that it has the necessary competence, integrity, accountability, viability and good governance to effectively regulate the immigration consultant profession in the public interest. It is expected that measures to strengthen the accountability and transparency of the governing body will provide a qualitative benefit by improving public confidence in this body’s ability to regulate immigration consultants in a manner that protects applicants to immigration processes, as well as the integrity of the immigration program. Through the promotion of membership to qualified practitioners, the ICCRC will make efforts to include the largest number of consultants while maintaining rigorous entry standards. Mechanisms will be put in place in order to ensure that the competence of prospective members is rigorously assessed, and that complaint and discipline mechanisms are procedurally fair and effective. The ICCRC has also committed to enhancing the protection of the Canadian public and those who use the services of immigration consultants through the development of awareness campaigns on issues of fraud and available recourses among immigrant communities and immigrant service providers, as well as the general public. Through the better regulation of the profession, applicants to immigration processes should in turn be offered better representation and advice as well as better protection.

Immigration and Refugee Board

The ICCRC has committed to putting mechanisms in place for the rigorous assessment of the competence of prospective members and for providing procedurally fair and effective complaint and discipline mechanisms, as well as certification procedures and procedures to accredit consultant training and continuing education programs. This will, among other things, ensure better quality of representation from its members. It is anticipated that better quality representation will lead to better and faster decisions at the Immigration and Refugee Board (IRB) by avoiding unnecessary delays caused by poorly trained consultants who often prolong IRB proceedings or fail to present proper evidence on behalf of their clients, thereby having a negative impact on the integrity of the immigration system.

Costs

Board of Directors and staff

According to the 2008–09 CSIC Annual Report, 9 directors were reported to be collecting fees and there were 29 staff members. It is recognized that the replacement of CSIC with the ICCRC will significantly impact the existing CSIC Board members and staff, as they will lose their positions in the event that CSIC was subsequently wound down as a result of decreased membership and revenue. This impact has been reflected in the cost summary.

Immigration consultants

Immigration consultants can be expected to have concerns about the transition to a new governing body. The ICCRC has demonstrated that it recognizes the importance of a smooth transition to a new regulator and has taken into consideration the many factors necessary for such a transition to be carried out effectively. The transitional provision in the Regulations will also further ensure that members in good standing of the current body as of the date of the coming into force of the Bill can continue to be authorized to advise and represent applicants by deeming them members of the new regulator during a 120-day membership fee exempt period, providing them with time to register with the new entity. During this transition phase, which began at the coming into force of these regulations, the ICCRC will make every effort to ensure that members and their immigrant clients experience minimal disruption.

CIC and Government of Canada: One-time repayable contribution to CSIC

It is anticipated that the $500,000 repayable contribution to CSIC will not be repaid to CIC, given that CSIC has not reached 3 000 members and is, therefore, under no obligation to repay the contribution. However, CSIC may have reached a membership level that would have required them to pay the repayable contribution back to the Government of Canada, had a new regulator not been designated. Thus, the $500,000 is treated as an incremental loss to the Government of Canada. Furthermore, there was an additional $700,000 investment made by the Government of Canada in CSIC at its establishment. However, this money was not due to be repaid and thus is not considered to be an incremental cost in the analysis.

Transitional costs to the Government of Canada and to the provinces

CIC will incur general operational costs estimated at $240,800 in the first year and $155,000 for each subsequent year during the transitional period for, among other things, policy/program development and amendments, manual updates, annual reporting and liaison activities. These costs will be absorbed through departmental budgets. A repayable loan of up to $1,000,000 has been provided to the new entity to assist with start-up costs. The net cost has been calculated as the opportunity cost of the contribution by the Government.

Rationale

A range of options was considered to address the aforementioned issues with CSIC. In particular, consideration was given to the introduction of stand-alone legislation to establish a federal regulator using a law society model as recommended by the Standing Committee. This latter approach was rejected due to concerns about a resource-intensive and lengthy implementation process. It was determined that the most time and cost effective approach would be to work within the existing regulatory framework and establish a public selection process to identify the regulator best placed to govern immigration consultants in the public interest.

In order to ensure enhanced governance and accountability, CIC has entered into an agreement with the ICCRC. The agreement, coupled with additional oversight mechanisms provided for in Bill C-35, will ensure that the new governing body remains accountable to CIC. This will, in turn, support the integrity of the immigration system while maintaining CIC’s arm’s-length relationship with the regulator. As the agreement does provide for funding, provisions have been included in the agreement in order for CIC to further ensure that the organization is fiscally responsible and well governed. Furthermore, oversight mechanisms found in CIC’s agreement with the ICCRC will continue beyond the expiry and termination of the Agreement, thus ensuring ongoing compliance by the ICCRC.

Consultation

On June 12, 2010, a first Notice of Intent was published in the Canada Gazette, Part I, proposing a public selection process with the objective of identifying a governing body for recognition as the regulator of immigration consultants. The Notice of Intent solicited comments from the public on the proposed selection process. A total of 98 comments were received, a number of which expressed concerns about the current situation and suggesting measures to strengthen the transparency, accountability and effectiveness of the regulation of third party representatives.

Comments were received from a number of provinces which suggested, among other things, that the successful candidate should initiate outreach and awareness-raising campaigns, ensure and maintain the competency and quality of service and establish mechanisms for dissatisfied members and others to influence the regulator’s internal functioning.

Finally, comments were received from various third parties, including CSIC. These comments included a recommendation that the regulatory body be accountable to its membership, to the public and to the Government of Canada; that a single federal body regulate the profession; that strict reporting and accountability requirements be put in place; and that the regulator promote a culture of transparency. In addition, it was recommended that the selection of the regulatory body be fair, transparent and public.

Call for Submissions

Following the Notice of Intent, and after considering the comments that were received, selection factors were developed to ensure that any entity serving as the regulator of immigration consultants would have the capacity to support Canada’s immediate and long-term immigration objectives, as well as maintain public confidence in the immigration system.

CIC published a Call for Submissions on August 28, 2010, soliciting submissions from candidate entities interested in performing the responsibilities of a governing body for the regulation of immigration consultants. Candidates were given four months to submit their proposals. The Call for Submissions outlined five key competencies which served as selection factors, namely competence, integrity, accountability, viability and good governance.

Focusing on membership, competence and compliance, complaints and investigations, and discipline, the ICCRC has demonstrated that it has the capacity to meet established organizational competencies that serve as selection factors for this process. The ICCRC has also demonstrated an understanding of its public protection role and of the vulnerability of its primary constituency, the would-be users of Canada’s immigration programs.

Selection Committee

The Department established a Selection Committee comprised of four external experts and three senior public servants — including two from CIC and one from CBSA — to examine the submissions received in response to the Call for Submissions. The external members of the Committee were selected for their expertise and experience in matters related to corporate governance, regulatory bodies and immigrant settlement services.

After considering the submissions and other relevant factors, the Committee reported the results to CIC, which in turn provided a recommendation to the Minister of Citizenship, Immigration and Multiculturalism as to which organization(s) demonstrated the necessary competence, integrity, accountability, viability and good governance to effectively regulate immigration consultants so as to preserve the integrity of the immigration system. Based on this recommendation, the ICCRC was chosen as the regulator best placed to govern immigration consultants.

Provincial and territorial consultations

Regulatory harmonization is being ensured by consulting with the provinces and territories. Intergovernmental discussions were undertaken and a request for recommendations regarding the public selection process to identify a governing body for recognition as the regulator of immigration consultants was requested from provinces and territories. Provinces and territories have indicated their support for the approach and for strong management and regulation of the immigrant consultant industry.

Pre-publication comments

Regulatory amendments, proposed under existing authorities, were published in the Canada Gazette, Part I, on March 19, 2011, and were open for public comment for a period of 30 days. A total of 207 comments from 196 respondents were received. The majority of comments were from immigration consultants, with some comments from students enrolled to become immigration consultants, CSIC staff, and the general public. Submissions were received from CSIC, as well as from CSIC’s for-profit subsidiary, the Canadian Migration institute (CMI), and non-profit subsidiary, the IMMFUND. The ICCRC and the Canadian Association of Professional Immigration Consultants (CAPIC) also provided submissions.

Of these submissions, 149 were supportive of the Government’s proposed amendment to remove CSIC’s recognition as regulator, indicated dissatisfaction with their current regulator, and/or supported the recognition of the ICCRC as the governing body for immigration consultants. One of the submissions received also included a petition signed by 479 CSIC members that were supportive of the naming of the ICCRC. A large number of these comments referred to CSIC fees being too high. Many also opposed the continued collection of fees by CSIC regardless of the pre-publication of proposed amendments to recognize the ICCRC as regulator. A number of comments referred to transparency and integrity issues relating to CSIC.

Thirty-nine of the submissions received were opposed to the removal of CSIC’s recognition as regulator and/or the recognition of the ICCRC as the governing body for immigration consultants. These comments generally questioned the Government’s decision to replace CSIC by an inexperienced regulator. A number of comments stated that it would be more optimal for Canadian taxpayers, consumers and immigration consultants to restructure CSIC rather than to start over with a new organization.

Nineteen submissions were neutral in nature. These submissions sought clarification on the proposed amendments and the transfer of complaints lodged with CSIC to the proposed regulator or had questions pertaining to the public selection process undertaken to identify the regulator. Submissions were also received from students enrolled to become immigration consultants who were concerned as to whether the new regulator would recognize their diploma and/or course work acquired through one of the CSIC accredited programs.

Implementation, enforcement and service standards

CIC has negotiated a contribution agreement with the ICCRC outlining specific terms and conditions and CIC has prepared communications products to support the transition process and to update operational procedures.

In addition to the included transitional measures which will ensure continuity of service for both consultants and their clients during the transition to the new governing body, the ICCRC has also implemented further measures to ensure fair admission processes both for members of the CSIC as well as for those who were in the process of becoming members of the former body. Efforts were also undertaken by the ICCRC to ensure that such transitional measures are communicated clearly to individuals to whom they apply. Through the use of the contribution agreement and consistent with the Call for Submissions published in the Canada Gazette, Part I, on August 28, 2010, CIC will ensure that the ICCRC continues to pursue its commitment to exercise a high level of competence, integrity, accountability, viability and good governance.

Contact

Mark Davidson
Acting Director General
Immigration Branch
Citizenship and Immigration Canada
365 Laurier Avenue West
Ottawa, Ontario
K1A 1L1
Telephone: 613-941-8989
Fax: 613-941-9323
Email: mark.davidson@cic.gc.ca

Footnote a
S.C. 2011, c. 8, s. 1

Footnote b
S.C. 2011, c. 8, s. 1

Footnote c
S.C. 2001, c. 27

Footnote 1
Canada Gazette, Part II, April 14, 2004: gazette.gc.ca/rp-pr/p2/2004/2004-04-14-x/html/sor-dors59-eng.html.