College of Immigration and Citizenship Consultants Act — C-33.6 85
Applicable provisions if Council continued 85 (1) Subsections (2) to (8) apply if the Council is continued under section 84 . Definition of transitional period (2) In subsections (3) and (4), transitional period means the period beginning on the date of continuance and ending on the day before the day on which an order made under subsection 17 (2) comes into force. Initial organization of Board (3) During the transitional period, the College’s Board is to be composed of nine directors, five of which are to be appointed by the Minister. Of the four other directors, two are to be the persons who held the positions of Chair and Vice-Chair of the Council’s board of directors immediately before the date of continuance, and the two others are to be selected by that Chair from among the directors of the Council’s board of directors who were members of the Council immediately before that date on the recommendation, if any, of the Council’s board of directors. Deemed election or appointment (4) The five directors appointed by the Minister are deemed to have been appointed under subsection 17 (3) and the four other directors referred to in subsection (3) are deemed to have been elected under subsection 17 (5). End of term (5) The directors hold office for a term that ends on the day on which the transitional period ends. Performance review (6) The Board must, within 12 months after the date of continuance, review the performance of any officers of the College, including the Chief Executive Officer. Effects of continuance (7) Beginning on the date of continuance, (a) the Council becomes the College of Immigration and Citizenship Consultants, a corporation without share capital to which this Act applies as if it had been established under this Act; (b) unless the context otherwise requires, every reference to the Council in any contract, instrument or act or other document executed or signed by the Council is to be read as a reference to the College; (c) the property and rights of the Council are the property and rights of the College; (d) the College is liable for the obligations of the Council; (e) the status of any person who, immediately before the date of continuance, was an officer or employee of the Council or a member of the Complaints Committee or Discipline Committee of the Council and any term or condition of their appointment or employment are unaffected, except that, as of that day, the person is an officer or employee of the College or a member of the Complaints Committee or Discipline Committee of the College, as the case may be; (f) an existing cause of action, claim or liability to prosecution of or against the Council is unaffected; (g) any civil, criminal or administrative action or proceeding pending by or against the Council may be continued by or against the College; (h) any conviction against, or ruling, order or judgment in favour of or against, the Council may be enforced by or against the College; (i) any matter before the Council immediately before the date of continuance, including any matters related to complaints and discipline, are continued before the College; (j) the members of the Council are holders of a class of licence, until the day before the day on which by-laws made under paragraph 80 (1)(n) come into force and, until that day, any conditions or restrictions to which their membership was subject immediately before the date of continuance continue to apply; (k) persons registered with the Council as Regulated International Student Immigration Advisors are, until the day before the day on which by-laws made under paragraph 80 (1)(n) come into force, holders of a class of licence that is subject to the following restrictions in addition to any conditions or restrictions to which their registration was subject immediately before the date of continuance: (i) the holder may provide advice only in relation to authorizations to study in Canada and authorizations to enter and remain in Canada as a student a