On June 8th 2010, new legislation was introduced to the House of Commons, by Minister Jason Kenney, the head of Citizenship, Immigration, and Multiculturalism. The aim of this new legislation is to take proactive action against crooked immigration consultants, who in the past have managed to exploit and abuse the trust of potential immigrants.
The Act appropriately titled Cracking Down on Crooked Consultants Act, has been designed in order to strengthen the rules which govern individuals who charge a monetary fee for immigration advice, work towards sealing loopholes found within the existing immigration system that make faulty business practices possible, as well as improve the way in which immigration consultants are regulated.
These intentions were made clear by Minister Kenney himself, when he publically stated that the “Cracking Down on Crooked Consultants Act will better protect prospective immigrants from crooked consultants and help safeguard our immigration system against fraud and abuse.” Although, he did not dismiss the fact that many immigration consultants working in Canada are indeed legitimate and ethical, he emphasized the importance of eliminating threat and restoring integrity to Canada’s immigration system. Under the new act, Minister Kenney proposes that, it would now be a crime for unauthorized individuals to provide immigration advice for monetary gain. Furthermore, the new Act would amend the Immigration and Refugee Protection Act so that fees for immigration services can only be charged by authorized consultants, lawyers and notaries who are members in good standing of a governing body authorized by the Minister. Moreover, the new Act would account for the services provided even before an application is submitted or a proceeding begins.
Minister Kenney, sensitive to the position of exploited individuals, also brought to attention that “there is evidence that these individuals encourage prospective immigrants to lie on their immigration applications, to concoct bogus stories about persecution when making refugee claims, or to enter into sham marriages with Canadian citizens and permanent residents” which he feels disregards not only the integrity but also the fairness of Canada’s immigration system. Thus, making it crucial to immediately take steps to restore the public’s opinion on Canada’s immigration system.
In addition the new Act permits the Minister the authority to designate a body to govern immigration consultants as well create ways by which to increase the government’s oversight of this body. The legislation will also resolve the issue of the inability to share information by allowing CIC to disclose information relating to the ethical or professional conduct of a member of a provincial bar or the Chambre des notaires du Québec or a member of the body currently in charge of regulation consultants: Canadian Society of Immigration Consultants (CSIC), to those responsible for governing or investigating that conduct.
Finally, a Notice of Intent will be published on June 12, 2010, in the Canada Gazette, that will announce CIC’s intention to launch a transparent public selection process to identify a governing body for recognition as the regulator of immigration consultants, under current authority. The Notice of Intent will request comments from the public on the proposed selection process.
