Forward Regulatory Plan: 2021 to 2023
Ministerial regulation made under the College of Immigration and Citizenship Consultants Act to establish a Code of Professional Conduct for immigration and citizenship consultants

Enabling Act: College of Immigration and Citizenship Consultants Act

Description

Under section 43(1) of the College of Immigration and Citizenship Consultants Act, the Minister of Immigration, Refugees and Citizenship Canada (IRCC) has the authority to prescribe a Code of Professional Conduct for licensees of the new College. The Code is being developed to establish strong ethical and professional standards that all licensees of the College must abide by and for which they will be held accountable in the context of the College’s complaints and discipline regime.

In addition to the new regulations noted above, the current regulations that support the Immigration and Refugee Protection Act and Citizenship Act will be reviewed with a view to necessary consequential amendments. This is necessary given that the regulator of immigration and citizenship consultants will become the new College of Immigration and Citizenship Consultants rather than the current “body” designated by the Minister as described in section 91 of the Immigration and Refugee Protection Act and section 21.1 of the Citizenship Act.

Potential impacts on Canadians, including businesses

The Ministerial regulation for the Code of Professional Conduct will apply to the immigration and citizenship consultant profession. The regulation is expected to have an impact on the profession, as well as those who interact and conduct business with immigration and citizenship consultants.

Regulatory cooperation efforts (domestic and international)

IRCC officials have engaged with provinces and territories to provide an overview of the College of Immigration and Citizenship Consultants Act and to proactively notify where possible consequential amendments may need to be made to provincial/territorial legislation or regulations. As part of regulatory cooperation efforts, IRCC officials are also discussing with provinces and territories the nexus between the federal College of Immigration and Citizenship Consultants Act and provincial legislation dealing with labour recruiters.

Consultations

The anticipated date for pre-publication of the Ministerial regulation for the College’s Code of Professional Conduct in the Canada Gazette, Part 1 is spring 2021.

Further information

CIMM report, June 2017
Minister of IRCC Statement, April 2019

Departmental Contact Information

Alexis Graham
Director, Social Immigration Policy and Programs, Immigration Branch
Immigration, Refugees and Citizenship Canada
Email: Alexis.Graham@cic.gc.ca
Telephone: 613-796-5463

Date the regulatory initiative was first included in the plan: October 18, 2020