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2004-07
MINISTERS SGRO AND McLELLAN ANNOUNCE NEW REGULATIONS FOR
IMMIGRATION REPRESENTATIVES
OTTAWA, April 8, 2004 — Judy Sgro, Minister of
Citizenship and Immigration, and Anne McLellan, Deputy Prime
Minister and Minister of Public Safety and Emergency
Preparedness, today announced new regulations that will, on
April 13, 2004, stipulate that the Government of Canada will
only recognize an immigration representative who is a member
of a self-regulating association.
“It is no secret that some individuals prey upon people who
wish to come to Canada, by providing bad information and poor
advice, and charging exorbitant fees,” said Minister Sgro.
“With these new regulations, everyone will have access to
accredited, qualified and ethical representation.”
The regulations, to be published on April 14, 2004, in the
Canada Gazette, will define who may, for a fee,
represent, advise or consult with an individual who is the
subject of any application or proceeding related to their
immigration or refugee status. Under the new regulations, only
the following people may act as paid representatives:
- Immigration consultants who are members in good standing
of the Canadian Society of Immigration Consultants.
- Lawyers who are members in good standing of a Canadian
law society and students-at-law under their supervision.
- Notaries who are members in good standing of the
Chambre des notaires du Québec and students-at-law under
their supervision.
The Government of Canada does not oblige anyone to have a
representative. Furthermore, the regulations do not apply to
friends, family members or organizations that do not charge a
fee for providing advice and services.
The regulations affect individuals who pay a representative
to provide advice and assistance on immigration and refugee
matters with Citizenship and Immigration Canada and in
proceedings before the Immigration and Refugee Board and the
Canada Border Services Agency.
“Incidences of fraud and other questionable practices
should be greatly reduced, while at the same time increasing
the Canada Border Services Agency’s ability to meet its
immigration enforcement mandate,” said Minister McLellan.
Individuals with applications or proceedings already under
way as of April 13, 2004, may continue to use the services of
their paid representative until April 13, 2008. After this
date, if their representative is not a member of one of the
organizations listed above, the individual may choose to
either continue unrepresented or hire an authorized
representative.
For more information on these regulations, please go to
http://www.cic.gc.ca/english/department/consultants/index.html.
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For more information:
Citizenship and Immigration Canada:
Simone Mac Andrew
Press Secretary
Office of the Minister
(613) 954-1064
Claire Despins
Media Relations
Communications Branch
(613) 941-7035
Immigration and Refugee Board:
Media relations
(613) 947-0803
Canadian Border Services Agency:
Amélie Morin
Media Relations
(613) 948-5977
Visit the IRB Internet site:
http://www.irb-cisr.gc.ca/
Visit the CBSA Internet site:
http://www.cbsa-asfc.gc.ca/
BACKGROUNDER
WHO CAN BE A REPRESENTATIVE
In some cases, individuals who wish to come to, or stay in,
Canada choose to obtain the help of a representative for
additional support or advice. The new regulations apply to:
- those applying for a visa or making any other
application under the Immigration and Refugee Protection
Act, and
- the subjects of proceedings for immigration or refugee
matters before the Immigration and Refugee Board (IRB) or
the Canadian Border Services Agency (CBSA).
There are two types of representatives: paid and unpaid.
Paid representatives
As of April 13, 2004, paid representatives must be
authorized in order to conduct business on behalf of
clients when dealing with the Government of Canada in
immigration and refugee matters.
Authorized, paid representatives may be only:
- immigration consultants who are members in good standing
of the Canadian Society of Immigration Consultants;
- lawyers who are members in good standing of a Canadian
law society and students-at-law under their supervision; and
- notaries who are members in good standing of the
Chambre des notaires du Québec and students-at-law under
their supervision.
As of April 13, 2004, individuals who submit new
applications, indicating that they have used a paid
representative who is not authorized, may have their
application packages returned by Citizenship and Immigration
Canada (CIC). Proceedings before the IRB will continue, but
the subject of the proceeding will be treated as unrepresented
and the IRB will not deal with the unauthorized
representative. Similarly, officers with the CBSA will deal
only with the subject of the proceeding and not the
unauthorized representative.
Individuals with applications or proceedings that are
already under way as of April 13, 2004, may continue to use
the services of their paid representative until April 13,
2008. After this date, if their representative is not a member
of one of the above organizations, the individual may choose
to continue unrepresented or hire an authorized
representative.
Unpaid representatives
Some CIC clients and individuals appearing before the IRB
or CBSA may choose to be represented by a person or an
organization that does not charge a fee for the service. For
example:
- Non-governmental or religious organizations
- Friends
- Family members
Please note: No one is obliged to hire an
immigration consultant or a lawyer to make a visa application
to Canada, or to appear before the IRB or CBSA. The Government
of Canada treats all matters equally whether a representative
is present or not.
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