GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
College of Immigration and Citizenship Consultants Regulations — 8
Report to Minister 8 The report referred to in subsection 15(1) of the Act must include the following information: (a) a financial statement for the preceding fiscal year and an auditor’s report on that financial statement; (b) the name, professional qualifications and term of office of each of the directors, with an indication of any change in the Board’s composition since the previous annual report; (c) with respect to the Complaints Committee, Discipline Committee, Compensation Fund Committee and Capacity Evaluation Committee, (i) the name, terms of reference and composition of each of them, (ii) the name and professional qualifications of each of their members, and (iii) an indication of any change in their composition since the end of the preceding fiscal year; (d) information, made anonymous, concerning the number and types of complaints received by the College in relation to the conduct of licensees and the number of complaints processed, including (i) information, in aggregate form, concerning any measures taken to process those complaints, and (ii) any decision made, and any action taken or required, by the Discipline Committee as a result of those complaints since the end of the preceding fiscal year; (e) a profile of the profession, including (i) for every province or foreign state where a licensee has a business through which they provide immigration or citizenship consulting services, the number of licensees providing such services in that province or foreign state, (ii) the number and percentage of licensees categorized according to years of experience, (iii) the number and percentage of licensees categorized according to gender, and (iv) the number and percentage of licensees categorized according to the official language of Canada in which they offer their services; and (f) with respect to the compensation fund, (i) the number of cases processed without an application in accordance with subsection 5 (1) and, in particular, (A) the number of cases for which a decision to pay compensation was made, and (B) the number of cases that were dismissed, (ii) the number of applications submitted under subsection 5 (2) and, in particular, (A) the number of applications for which compensation was paid, and (B) the number of applications that were denied, (iii) the total amount of compensation paid under section 15 , (iv) the total revenue of the fund, (v) all revenue sources of the fund, and (vi) the total amount available in the fund.
College of Immigration and Citizenship Consultants Regulations — 9
Ineligibility 9 (1) For the purposes of paragraph 20(f) of the Act, an individual is ineligible to be appointed or elected as a director if they meet any of the following criteria: (a) they are an incapable adult on behalf of whom a guardian is authorized to act; (b) they are a family member of an employee of the College; (c) they are a licensee who, in the five previous years, was determined to have committed professional misconduct or to have been incompetent by the Discipline Committee or by the Immigration Consultants of Canada Regulatory Council’s Discipline Committee. Definitions (2) The following definitions apply in this section. family member , in relation to the individual in question, means any one of the following: (a) the individual’s spouse or common-law partner; (b) a child of the individual or a child of the individual’s spouse or common-law partner; (c) a parent of the individual or the spouse or common-law partner of that parent; (d) a child of a parent of the individual or a child of that parent’s spouse or common-law partner; (e) the spouse or common-law partner of the individual’s child or of the child of the individual’s spouse or common-law partner; (f) a parent, or the spouse or common-law partner of a parent, of the individual’s spouse or common-law partner; (g) a current or former foster parent of the individual or of the individual’s spouse or common-law partner; (h) a current or former foster child of the individual or the spouse or common-law partner of that child; (i) a current or former ward of the individual or the spouse or common-law partner of that ward; (j) a current or former guardian of the individual or the spouse or common-law partner of that guardian; (k) any other relative residing permanently with the individual. ( membre de la famille ) guardian means a person who is legally authorized to act on behalf of a minor or incapable adult and includes a tutor, a mandatary under a protection mandate or any other person who is appointed to act in a similar capacity. ( tuteur ) ward means a person for whom a guardian is appointed. ( pupille )
College of Immigration and Citizenship Consultants Regulations — (a)
family member , in relation to the individual in question, means any one of the following: (a) the individual’s spouse or common-law partner; (b) a child of the individual or a child of the individual’s spouse or common-law partner; (c) a parent of the individual or the spouse or common-law partner of that parent; (d) a child of a parent of the individual or a child of that parent’s spouse or common-law partner; (e) the spouse or common-law partner of the individual’s child or of the child of the individual’s spouse or common-law partner; (f) a parent, or the spouse or common-law partner of a parent, of the individual’s spouse or common-law partner; (g) a current or former foster parent of the individual or of the individual’s spouse or common-law partner; (h) a current or former foster child of the individual or the spouse or common-law partner of that child; (i) a current or former ward of the individual or the spouse or common-law partner of that ward; (j) a current or former guardian of the individual or the spouse or common-law partner of that guardian; (k) any other relative residing permanently with the individual. ( membre de la famille )
College of Immigration and Citizenship Consultants Regulations — College of Immigration and Citizenship Consultants Regulations
guardian means a person who is legally authorized to act on behalf of a minor or incapable adult and includes a tutor, a mandatary under a protection mandate or any other person who is appointed to act in a similar capacity. ( tuteur )
College of Immigration and Citizenship Consultants Regulations — College of Immigration and Citizenship Consultants Regulations
ward means a person for whom a guardian is appointed. ( pupille )
College of Immigration and Citizenship Consultants Regulations — 10
Ceases to be director 10 For the purposes of paragraph 23(d) of the Act, a director ceases to be a director if (a) while in office, they meet one or more of the criteria set out in subsection 9 (1) of these Regulations or section 20 of the Act; or (b) they are not in attendance at a minimum of 50% — or more, as set out in the by-laws — of Board meetings during the fiscal year.
College of Immigration and Citizenship Consultants Regulations — 11
Powers, duties and functions 11 (1) The Complaints Committee may, in addition to exercising any other powers and performing any other duties and functions, conferred on the Committee under the Act or the by-laws, request an opinion referred to in paragraph 17 (1)(a) of these Regulations on the capacity to practise of a licensee referred to in a complaint. If the Committee requests such an opinion, the Committee must take it into account before deciding whether to refer the complaint, in whole or in part, to the Discipline Committee or taking any of the measures set out in paragraphs 57(2)(a) to (c) of the Act. Incapacity to practise (2) If the opinion concludes that any of the licensee’s conduct or activities that are the subject of the complaint, or part of the complaint, were caused by the licensee’s incapacity to practise, the Complaints Committee must not (a) refer any part of the complaint that relates to that conduct or those activities to the Discipline Committee; and (b) in providing the reasons for its decision under paragraph 57(2)(a) or (b) of the Act and absent the licensee’s consent, disclose the licensee’s personal information other than their name and a statement that the complaint, or part of the complaint, is not being referred to the Discipline Committee because the licensee’s conduct or activities that are the subject of the complaint, or part of the complaint, were caused by the licensee’s incapacity to practise. Membership (3) The Complaints Committee is composed of licensees, and individuals who are selected from the public, who are appointed by the Board on the recommendation of employees of the College. Clarification (4) The individuals from the public who are selected must (a) not be employees of the College; (b) have the necessary expertise and experience to assess complaints made in respect of licensees; and (c) be appointed as independent members of the Complaints Committee, operating at arm’s length from officers of the College. Ineligibility (5) The following individuals are ineligible to be members of the Complaints Committee: (a) a director; or (b) a licensee who, in the five previous years, was determined to have committed professional misconduct or to have been incompetent by the Discipline Committee or by the Immigration Consultants of Canada Regulatory Council’s Discipline Committee.
College of Immigration and Citizenship Consultants Regulations — 12
Powers, duties and functions 12 (1) The Discipline Committee exercises the following powers and performs the following duties and functions in addition to any powers, duties and functions conferred on it under the Act or the by-laws: (a) as applicable, requesting the opinion referred to in paragraph 17 (1)(a) of these Regulations on the capacity to practise of a licensee referred to in a complaint referred by the Complaints Committee and taking the opinion into account in making a decision under subsection 68(1) or 69(3) of the Act; (b) providing to any person who is the subject of a decision made under subsection 68(1) or 69(3) of the Act a copy of the decision; and (c) if the Discipline Committee determines that an individual suffered financial loss due to a dishonest act committed by a licensee and the Committee is able to determine the amount of that financial loss, (i) including in the decision made under subsection 69(3) of the Act the determination of the amount of financial loss and the reasons supporting that determination, and (ii) submitting the amount of financial loss to the Compensation Fund Committee. Membership (2) The Discipline Committee is composed of individuals who are selected from the public and licensees who are appointed by the Board. The individuals and licensees must be appointed to the Committee on the recommendation of employees of the College. Clarification (3) The individuals from the public who are selected must (a) not be employees of the College; (b) have the necessary expertise and experience to participate in disciplinary proceedings; and (c) be appointed as independent members of the Discipline Committee, operating at arm’s length from officers of the College. Ineligibility (4) The following individuals are ineligible to be members of the Discipline Committee: (a) a director; or (b) a licensee who, in the five previous years, was determined to have committed professional misconduct or to have been incompetent by the Discipline Committee or by the Immigration Consultants of Canada Regulatory Council’s Discipline Committee.
College of Immigration and Citizenship Consultants Regulations — 13
Establishment 13 (1) A committee of the College is established, to be known as the Compensation Fund Committee. Membership (2) The Compensation Fund Committee is composed of members who are not directors.
College of Immigration and Citizenship Consultants Regulations — 14
Powers, duties and functions 14 (1) The powers, duties and functions of the Compensation Fund Committee are the following: (a) administering the compensation fund; (b) processing both cases without an application in accordance with subsection 5 (1) and applications submitted under subsection 5 (2) and determining, as applicable, the amount of compensation to be paid; and (c) paying compensation. Jurisdiction — former licensees (2) For greater certainty, the Compensation Fund Committee has jurisdiction in respect of former licensees to process cases and applications under paragraph (1)(b) and determine the amount of compensation to be paid.
College of Immigration and Citizenship Consultants Regulations — 15
Determining compensation 15 (1) The Compensation Fund Committee must determine, on a case-by-case basis, the amount of compensation to be paid. Elements to take into account (2) In determining the amount of compensation, the Compensation Fund Committee must take, as the case may be, the following elements into account: (a) the decision by the Discipline Committee finding that the licensee committed a dishonest act; (b) the amount of financial loss suffered due to the dishonest act, as determined by the Discipline Committee; (c) in the absence of such an amount, any evidence provided by the individual who submitted the application for compensation under subsection 5 (2); (d) in the case of an application for compensation submitted under subsection 5 (2), any financial loss or expense associated with the dishonest act; (e) any amount or other compensation provided to the individual for whom the amount of compensation is being determined; and (f) any other element related to the compensation fund set out in the by-laws. Payment (3) When the amount of compensation is determined, it must be paid to the individual to whom it is owed as soon as feasible.
College of Immigration and Citizenship Consultants Regulations — 16
Establishment 16 (1) A committee of the College is established, to be known as the Capacity Evaluation Committee. Membership (2) The Capacity Evaluation Committee is composed of members who are not directors.
College of Immigration and Citizenship Consultants Regulations — 17
Powers, duties and functions 17 (1) The powers, duties and functions of the Capacity Evaluation Committee are the following: (a) on request by the Registrar, the Complaints Committee or the Discipline Committee, preparing an opinion on a licensee’s capacity to practise that, if applicable, (i) concludes whether any of the licensee’s conduct or activities that are the subject of a complaint were caused by their incapacity to practise, and (ii) recommends actions that may be taken or required by the Registrar under section 38 of the Act in response to the licensee’s incapacity to practise; (b) requesting information, including personal information, from the licensee concerning their capacity to practise; (c) with a licensee’s consent, consulting an expert on the licensee’s capacity to practise; (d) providing the opinion (i) to the Registrar, before the Registrar makes a decision under section 38 of the Act, (ii) to the Complaints Committee, before that Committee decides whether to refer a complaint to the Discipline Committee under subsection 57(1) of the Act or takes any of the measures set out in paragraphs 57(2)(a) to (c) of the Act, or (iii) to the Discipline Committee before that Committee makes a decision under subsection 68(1) or 69(3) of the Act; and (e) if the opinion is provided to the Complaints Committee or Discipline Committee, providing to the Registrar a copy of the opinion. Reasons for decision (2) In making a request for information under paragraph (1)(b), the Capacity Evaluation Committee must notify the licensee that, if the opinion concludes that any of the licensee’s conduct or activities that are the subject of the complaint were caused by the licensee’s incapacity to practise, the Complaints Committee will identify that conclusion as the reason why the complaint, or part of the complaint, is not being referred to the Discipline Committee in the reasons for the decision provided under paragraph 57(2)(a) or (b) of the Act, as the case may be. Jurisdiction — former licensees (3) For greater certainty, the Capacity Evaluation Committee has jurisdiction to exercise its powers and perform its duties and functions in respect of former licensees.
College of Immigration and Citizenship Consultants Regulations — 18
Request for information 18 A licensee may refuse to provide information requested under paragraph 17 (1)(b) by the Capacity Evaluation Committee.
College of Immigration and Citizenship Consultants Regulations — 19
Elements to take into account 19 In preparing an opinion referred to in paragraph 17 (1)(a), the Capacity Evaluation Committee must take the following elements into account: (a) any information, including personal information, concerning the licensee’s capacity to practise provided by the licensee, College, Registrar, Complaints Committee or Discipline Committee; (b) any report from an expert consulted under paragraph 17 (1)(c) on the licensee’s capacity to practise; and (c) any other information that the Capacity Evaluation Committee considers necessary to prepare the opinion.
College of Immigration and Citizenship Consultants Regulations — 20
Application 20 An applicant for a licence must ensure that the information contained in their application referred to in subsection 33(1) of the Act, and any supporting documents, is true, complete and accurate.
College of Immigration and Citizenship Consultants Regulations — 21
Conditions and restrictions 21 A licensee must comply with any conditions and restrictions to which their licence is subject.
College of Immigration and Citizenship Consultants Regulations — 22
Content 22 The register of licensees referred to in subsection 31(1) of the Act must contain the following information in respect of every licensee: (a) the licensee’s name and any business name or any name under which they do business; (b) the contact information for any business, in Canada or outside Canada, through which the licensee provides their immigration or citizenship consulting services; (c) the licensee’s identification number; (d) the name of any agent of the licensee and the city, province or state and country where the agent is operating; (e) the class of licence held by the licensee; (f) if the licensee is providing immigration or citizenship consulting services as an employee, the name, business address and contact information of their employer; (g) the status of the licensee’s licence; (h) if a licensee’s licence is suspended, an indication to that effect, the date on which the licence was suspended, the reasons for the decision to suspend, the type of suspension and, if applicable, the day on which the suspension will be lifted; (i) if the licensee’s licence was surrendered or revoked, an indication to that effect and the reasons for the decision to revoke, as applicable; (j) any conditions and restrictions to which the licensee’s licence is subject; (k) any disciplinary measures imposed on the licensee before 2018, if known, and any measures imposed on them by the Discipline Committee since then; and (l) any other information required by the by-laws.
College of Immigration and Citizenship Consultants Regulations — 23
Access 23 (1) In addition to meeting the requirements set out in subsection 31(1) of the Act and subject to the by-laws, at the request of a member of the public or a licensee, the College must provide access to the register of licensees by alternative means. Accessibility (2) The College must ensure that it complies, if practicable, with the Government of Canada’s standards on web accessibility.
College of Immigration and Citizenship Consultants Regulations — 24
Circumstances 24 (1) For the purposes of paragraph 32(d) of the Act, the Registrar must provide notice to the Minister in the following circumstances: (a) a licensee’s licence has been reinstated; (b) a licensee has died; and (c) a licensee’s licence status became inactive for any other reason. Timing (2) The Registrar must provide notice (a) in the circumstances set out in paragraphs 32(a) and (b) of the Act, within five working days after the day on which the circumstance in question occurred; (b) in the circumstances set out in paragraphs (1)(a) and (c) of this section and paragraph 32(c) of the Act, within 15 working days after the day on which the circumstance in question occurred; and (c) in the circumstances set out in paragraph (1)(b) of this section, within 15 working days after the day on which the Registrar became aware of the circumstance. Notice provided electronically (3) The Registrar must provide notice electronically in the circumstances set out in paragraphs (1)(a) to (c) of this section and paragraphs 32(a) to (c) of the Act. Form and manner (4) The Registrar must indicate in the notice the day on which the applicable circumstance set out in any of paragraphs (1)(a) to (c) of this section or any of paragraphs 32(a) to (c) of the Act occurred or the day on which the Registrar became aware of the circumstance, as well as the following information: (a) in the circumstances set out in paragraphs 32(a) and (b) of the Act, the reasons for the licence suspension or revocation, as applicable, and, in the case of a suspension, (i) an indication of whether it follows a provisional decision, and (ii) the duration of the suspension and whether the duration is conditional on the meeting of a condition; and (b) in the circumstances set out in any of paragraphs 28 (a) to (j), the circumstance in question and any requirement specified in the by-laws.
College of Immigration and Citizenship Consultants Regulations — 25
Selection for verification 25 (1) The Registrar may exercise their powers of verification under section 35 of the Act in respect of (a) a quality assurance program of the College; or (b) a random verification. Notice (2) Subject to subsection 35(2) of the Act, if the Registrar conducts a random verification, they must provide reasonable notice to the licensee in question of the verification of their business premises.
College of Immigration and Citizenship Consultants Regulations — 26
Dishonest act 26 (1) For the purposes of section 37 of the Act, the circumstance in which the Registrar must initiate a complaint and refer it to the Complaints Committee for consideration is that the Registrar is of the opinion that there are reasonable grounds to suspect that an individual has suffered financial loss due to a dishonest act committed by a licensee. Request for opinion (2) Before deciding whether to initiate a complaint under section 37 of the Act, the Registrar may request an opinion referred to in paragraph 17 (1)(a) of these Regulations on the licensee’s capacity to practise. Non-application (3) If the opinion concludes that the dishonest act was caused by the licensee’s incapacity to practise, subsection (1) does not apply.
College of Immigration and Citizenship Consultants Regulations — 27
Request for opinion 27 (1) Before making a decision under section 38 of the Act, the Registrar may request an opinion referred to in paragraph 17 (1)(a) of these Regulations on the licensee’s capacity to practise. If the Registrar requests such an opinion, they must take it into account in making their decision. Decision and reasons in writing (2) The Registrar must give their decision and the reasons for it in writing and provide a copy of the decision and reasons to any person who is referred to in the decision.