GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
College of Immigration and Citizenship Consultants Act — C-33.6 21
Validity of acts of directors and officers 21 An act of a director or an officer is valid despite their ineligibility or an irregularity in their election or appointment.
College of Immigration and Citizenship Consultants Act — C-33.6 22
Removal — appointed directors 22 (1) An appointed director holds office during good behaviour and may be removed for cause by the Minister. Removal — elected directors (2) An elected director may be removed in accordance with the by-laws.
College of Immigration and Citizenship Consultants Act — C-33.6 23
Ceases to be director 23 A director ceases to be a director if (a) they die; (b) they resign; (c) they are removed from office under section 22 ; or (d) any prescribed circumstance applies.
College of Immigration and Citizenship Consultants Act — C-33.6 24
Remuneration and expenses 24 The College must pay to the directors the remuneration and expenses that are determined in accordance with the by-laws.
College of Immigration and Citizenship Consultants Act — C-33.6 25
Chairperson 25 (1) The Chairperson is to be elected by the Board from among the directors in accordance with the by-laws. Duties (2) The Chairperson must preside over the Board’s meetings and perform any other duties that are assigned to the Chairperson by the by-laws. Removal (3) The Board may remove the Chairperson in accordance with the by-laws.
College of Immigration and Citizenship Consultants Act — C-33.6 26
Meetings 26 (1) The Board must hold a meeting at least once every calendar year. Quorum (2) A majority of the number of directors fixed by the Minister under subsection 17 (2) constitutes a quorum at any meeting of the Board. Notice of meeting (3) The Chairperson of the Board must give notice of the time and place of meetings of the Board to the directors and any observer designated under section 76 . Public meetings (4) Subject to the by-laws, meetings of the Board are to be open to the public. Observer — in camera meetings (5) An observer designated under section 76 is entitled to attend meetings of the Board that are held in camera . Telecommunications (6) Subject to the by-laws, a director may participate in, and any observer designated under section 76 may observe, a meeting of the Board by telephone or by an electronic or other communication facility that permits them to communicate adequately with each other during the meeting. A director so participating in a meeting is deemed for the purposes of this Act to be present at that meeting.
College of Immigration and Citizenship Consultants Act — C-33.6 27
Validity of signed resolutions 27 (1) A resolution in writing, signed by all the directors entitled to vote on that resolution at a meeting of the Board, is as valid as if it had been passed at a meeting of the Board. Filing resolution (2) Subject to the by-laws made under paragraph 80 (1)(z), a copy of every resolution referred to in subsection (1) is to be kept with the minutes of the public meetings of directors.
College of Immigration and Citizenship Consultants Act — C-33.6 28
Chief Executive Officer 28 The Board may appoint a Chief Executive Officer, who is to exercise the powers and perform the duties and functions that are delegated to him or her by the Board.
College of Immigration and Citizenship Consultants Act — C-33.6 29
Complaints Committee and Discipline Committee 29 (1) Two committees of the College are established, to be known as the Complaints Committee and the Discipline Committee. Appointment (2) The members of each committee are to be appointed by the Board in accordance with the regulations. Term (3) The members of the Discipline Committee are to hold office for a term of not more than five years. The members may be reappointed for subsequent terms of not more than five years each. Acting after expiry of term (4) A member of the Discipline Committee whose term expires may, in accordance with the rules referred to in section 59 , conclude any proceeding that the member has begun. Removal (5) The members of the Discipline Committee hold office during good behaviour and may be removed for cause by the Board. Limitation (6) An individual is not permitted to be a member of the Complaints Committee and the Discipline Committee at the same time. Other committees (7) The Board may establish other committees of the College.
College of Immigration and Citizenship Consultants Act — C-33.6 30
Appointment 30 (1) The Board is to appoint a Registrar of the College for a term of not more than five years. The Registrar may be reappointed for subsequent terms of not more than five years each. Removal (2) The Registrar holds office during good behaviour and may be removed for cause by the Board. Role (3) The Registrar is responsible for issuing licences, establishing and maintaining a register of licensees and verifying compliance or preventing non-compliance with this Act by licensees.
College of Immigration and Citizenship Consultants Act — C-33.6 31
Register available to public 31 (1) The register of licensees must be made available to the public on the College’s website in a searchable format and, subject to the regulations, in any other manner that the Registrar considers appropriate. Updated information (2) The Registrar must ensure that the information included in the register is updated in a timely manner.
College of Immigration and Citizenship Consultants Act — C-33.6 32
Notice to Minister 32 The Registrar must, within the prescribed period and in the prescribed form and manner, provide notice to the Minister in the following circumstances: (a) a licence is suspended; (b) a licence is revoked; (c) a licence is surrendered; and (d) any other prescribed circumstance.
College of Immigration and Citizenship Consultants Act — C-33.6 33
Licence 33 (1) On application, the Registrar must issue to an individual who, in the Registrar’s opinion, meets the eligibility requirements set out in the by-laws for the class of licence for which the individual applied, a licence of that class. Conditions (2) A licence issued under this section is subject to any conditions or restrictions imposed under this Act. Application (3) An application for a licence must be made in the form and manner specified by the Registrar and must contain the information specified by the Registrar.
College of Immigration and Citizenship Consultants Act — C-33.6 34
Surrender of licence 34 The Registrar may, in accordance with the by-laws, approve the surrender of a licence on application by a licensee made in accordance with the by-laws.
College of Immigration and Citizenship Consultants Act — C-33.6 35
Powers of Registrar — verification 35 (1) Subject to the regulations, the Registrar may, for a purpose related to verifying compliance or preventing non-compliance with this Act by licensees, (a) subject to subsection (2), enter a licensee’s business premises, without notice, at any reasonable time and require the production of any document or other thing that is relevant, and examine or copy the document or thing; and (b) require the licensee, or a business partner or employee of the licensee or any person employed by the same employer as the licensee, to provide any information that is relevant. Dwelling-house (2) If the licensee’s business premises are in a dwelling-house, the Registrar may enter them only with the occupant’s consent.
College of Immigration and Citizenship Consultants Act — C-33.6 36
Privileged information 36 Subject to the regulations, the powers set out in section 35 must not be exercised in respect of privileged information.
College of Immigration and Citizenship Consultants Act — C-33.6 37
Referral to Complaints Committee 37 If the Registrar is of the opinion that there may be reasonable grounds to suspect that a licensee has committed professional misconduct or was incompetent, the Registrar may, subject to the regulations, initiate a complaint and refer it to the Complaints Committee for consideration.
College of Immigration and Citizenship Consultants Act — C-33.6 38
Decision of Registrar 38 If the Registrar determines that a licensee has contravened a provision of this Act, of the regulations or of the by-laws, the Registrar may, in his or her decision, in the prescribed circumstances, (a) suspend the licensee’s licence; (b) revoke the licensee’s suspended licence; or (c) take or require any other action set out in the regulations.
College of Immigration and Citizenship Consultants Act — C-33.6 39
Compliance with decision 39 A licensee who is the subject of a decision made under section 38 must comply with it.
College of Immigration and Citizenship Consultants Act — C-33.6 39.1
Filing decision in Federal Court 39.1 (1) The College may file in the Federal Court a certified copy of a decision made under section 38. Effect of filing (2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court. 2023, c. 26, s. 289
College of Immigration and Citizenship Consultants Act — C-33.6 40
Notice to licensees — revocation or suspension 40 (1) The Registrar must notify all licensees of every decision made under subsection 69 (3) to revoke or suspend a licence. Notice to licensees — dismissal of complaint (2) The Registrar must, if requested by the licensee who was the subject of a complaint that was dismissed by the Discipline Committee, notify all licensees of the dismissal.
College of Immigration and Citizenship Consultants Act — C-33.6 41
Delegation 41 Subject to the regulations, the Registrar may delegate any of the powers, duties and functions conferred on the Registrar under this Act.
College of Immigration and Citizenship Consultants Act — C-33.6 42
Professional liability insurance 42 (1) Subject to subsection (2), a licensee must be insured against professional liability. Exemption (2) A licensee may be exempted by the by-laws from the application of subsection (1).
College of Immigration and Citizenship Consultants Act — C-33.6 43
Code of professional conduct 43 (1) The Minister must, by regulation, establish a code of professional conduct for licensees. Amendment or repeal (2) Only the Board may, by regulation and with the Minister’s prior written approval, amend or repeal the regulations establishing the code.
College of Immigration and Citizenship Consultants Act — C-33.6 44
Standards of professional conduct and competence 44 A licensee must meet the standards of professional conduct and competence that are established by the code of professional conduct. A licensee who fails to meet those standards commits professional misconduct or is incompetent.
College of Immigration and Citizenship Consultants Act — C-33.6 45
Complaint to the College 45 Any person may, in accordance with the by-laws, make a complaint to the College in respect of a licensee or former licensee.
College of Immigration and Citizenship Consultants Act — C-33.6 46
Referral to Complaints Committee 46 The College may refer a complaint to the Complaints Committee if, in the College’s opinion, the complaint relates to professional misconduct by, or the incompetence of, a licensee.
College of Immigration and Citizenship Consultants Act — C-33.6 47
Referral to another body 47 The College may, in the prescribed circumstances, refer a complaint to another body that has a statutory duty to regulate a profession.
College of Immigration and Citizenship Consultants Act — C-33.6 48
Consideration and investigation of complaints 48 (1) The Complaints Committee must consider all complaints referred to it by the College or the Registrar and may, if the Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, conduct an investigation into the licensee’s conduct and activities. Consideration and investigation on Committee’s initiative (2) If the Complaints Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, it must initiate a complaint and consider it, and may conduct an investigation into the licensee’s conduct and activities.
College of Immigration and Citizenship Consultants Act — C-33.6 49
Jurisdiction — former licensees 49 For greater certainty, the Complaints Committee has jurisdiction to consider a complaint and conduct an investigation in respect of a former licensee.
College of Immigration and Citizenship Consultants Act — C-33.6 50
Investigator 50 (1) The Complaints Committee may designate an individual as an investigator to conduct an investigation under the Committee’s direction. Revocation (2) The Complaints Committee may revoke the designation.
College of Immigration and Citizenship Consultants Act — C-33.6 51
Power to require information and documents 51 (1) An investigator may, for the purpose of investigating a licensee’s conduct and activities, require any person (a) to provide any information that, in the investigator’s opinion, the person may be able to provide in relation to the matter being investigated; and (b) to produce, for examination or copying by the investigator, any document or other thing that, in the investigator’s opinion, relates to the matter being investigated and that may be in the possession or under the control of that person. Authority to enter (2) Subject to subsection 52 (1), an investigator may, for that purpose, enter a place in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or any document or other thing relevant to the investigation is located. Other powers (3) The investigator may, for that purpose, (a) examine anything in the place; (b) remove the thing for examination or copying; (c) use any copying equipment in the place, or cause it to be used; (d) open or order any person to open any container or package found in the place; (e) use any means of communication in the place, or cause it to be used; (f) use any computer system or other device in the place, or cause it to be used, to examine data contained in or available to it; (g) prepare a document, or cause one to be prepared, based on the data; and (h) take photographs or make recordings or make a copy of anything in the place. Duty to assist (4) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the investigator to perform their functions under subsections (2) and (3) and must provide any documents or information, and access to any data, that are reasonably required for that purpose.
College of Immigration and Citizenship Consultants Act — C-33.6 52
Warrant to enter dwelling-house 52 (1) If the place is a dwelling-house, the investigator may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing the investigator to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 51 (2); (b) entry to the dwelling-house is necessary for the purposes of the investigation; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
College of Immigration and Citizenship Consultants Act — C-33.6 53
Use of force 53 In executing a warrant to enter a dwelling-house, an investigator may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.
College of Immigration and Citizenship Consultants Act — C-33.6 54
Privileged information 54 Subject to the regulations, the powers set out in section 51 must not be exercised in respect of privileged information.
College of Immigration and Citizenship Consultants Act — C-33.6 55
Obstruction and false statements 55 It is prohibited to obstruct or hinder, or make a false or misleading statement either orally or in writing, to an investigator who is performing their functions.
College of Immigration and Citizenship Consultants Act — C-33.6 56
Responsibility for damages — directors and others 56 No action or other proceeding for damages lies or may be instituted against any of the following persons for anything done or omitted to be done in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on that person under the Act: (a) a current or former director of the Board; (b) a current or former member of a committee of the College; (c) the Registrar or a former Registrar; (d) a current or former investigator; (e) a current or former officer, employee, agent or mandatary of the College; and (f) a person who is or has been engaged by the College. 2019, c. 29, s. 292 “56” 2023, c. 26, s. 290
College of Immigration and Citizenship Consultants Act — C-33.6 57
Referral to Discipline Committee 57 (1) The Complaints Committee may, subject to the regulations, refer a complaint, in whole or in part, to the Discipline Committee. Measures if not referred to Discipline Committee (2) If the Complaints Committee does not refer the complaint, in whole or in part, to the Discipline Committee, the Complaints Committee must (a) notify the complainant, if any, and the licensee that the complaint was not referred, and provide them with the reasons for the decision; (b) require the licensee to appear before the Complaints Committee to be cautioned, notify the complainant, if any, of the decision and provide the licensee and the complainant with the reasons for the decision; or (c) refer the complaint to a process of dispute resolution, on any conditions specified by the Complaints Committee, if the licensee consents. If dispute resolution not successful (3) If the complaint is referred to a process of dispute resolution and, at the conclusion of the process, the matter is not resolved to the satisfaction of the Complaints Committee, that Committee continues to be seized of the matter. 2019, c. 29, s. 292 “57” 2023, c. 26, s. 291
College of Immigration and Citizenship Consultants Act — C-33.6 58
Complaints referred by Complaints Committee 58 The Discipline Committee must hear and determine all complaints referred to it by the Complaints Committee.
College of Immigration and Citizenship Consultants Act — C-33.6 59
Rules of procedure 59 The Discipline Committee may make rules respecting the practice and procedure before it, including rules governing panels, and rules for carrying out its work and for the management of its internal affairs.
College of Immigration and Citizenship Consultants Act — C-33.6 60
Panel of Discipline Committee 60 (1) Any panel of the Discipline Committee established in accordance with the rules referred to in section 59 has all of the powers, and must perform all of the duties and functions, of the Discipline Committee. Decision of panel (2) A decision of a panel is a decision of the Discipline Committee.
College of Immigration and Citizenship Consultants Act — C-33.6 61
Parties 61 The Complaints Committee and the licensee are parties to the proceeding.
College of Immigration and Citizenship Consultants Act — C-33.6 62
Right of parties to make submissions 62 The parties to the proceeding are entitled to make oral and written submissions to the Discipline Committee.
College of Immigration and Citizenship Consultants Act — C-33.6 63
Submissions — other persons 63 The Discipline Committee may provide an opportunity for any other person to make oral and written submissions to it.
College of Immigration and Citizenship Consultants Act — C-33.6 64
Public hearings 64 Subject to the regulations, the by-laws and the rules referred to in section 59 , any oral hearings of the Discipline Committee are open to the public.
College of Immigration and Citizenship Consultants Act — C-33.6 65
Jurisdiction — former licensees 65 For greater certainty, the Discipline Committee has jurisdiction to hear and determine a complaint in respect of a former licensee.
College of Immigration and Citizenship Consultants Act — C-33.6 66
Powers of Discipline Committee 66 The Discipline Committee has the power (a) to summon and enforce the appearance of persons and compel them to give oral or written evidence on oath and to produce any document or other thing that the Committee considers necessary to decide the matter, in the same manner and to the same extent as a superior court of record; (b) to administer oaths; and (c) to accept any evidence, whether admissible in a court of law or not.
College of Immigration and Citizenship Consultants Act — C-33.6 67
Privileged information 67 Subject to the regulations, the Discipline Committee must not admit or accept as evidence any privileged information.
College of Immigration and Citizenship Consultants Act — C-33.6 68
Powers before decision 68 (1) Before making a decision under section 69 , the Discipline Committee may decide to take any action referred to in paragraph 69 (3)(a) or (b) if the Discipline Committee is satisfied that it is necessary for the protection of the public. Action is provisional (2) Any action taken under subsection (1) is provisional and ceases to have effect when the decision in respect of the complaint is made under section 69 , unless the action is confirmed in the decision.
College of Immigration and Citizenship Consultants Act — C-33.6 69
Decision on complaint 69 (1) After the hearing of a complaint, the Discipline Committee must determine whether the licensee has committed professional misconduct or was incompetent. Dismissal of complaint (2) If the Discipline Committee determines that the licensee did not commit professional misconduct or was not incompetent, the Committee must dismiss the complaint. Professional misconduct or incompetence (3) If the Discipline Committee determines that the licensee has committed professional misconduct or was incompetent, the Committee may, in its decision, take or require one or more of the following actions as well as any other action set out in the regulations: (a) impose conditions or restrictions on the licensee’s licence; (b) suspend the licensee’s licence for not more than the prescribed period or until specified conditions are met, or both; (c) revoke the licensee’s licence; or (d) require the licensee to pay a penalty of not more than the prescribed amount to the College. (e) [Repealed, 2023, c. 26, s. 292] Decision and reasons in writing (4) The Discipline Committee must give its decision and the reasons for it in writing. Decision and reasons available to public (5) Subject to the regulations, the decision and the reasons for it must be made available to the public on the College’s website and in any other manner that the College considers appropriate. Notice to Registrar (6) The Discipline Committee must provide a copy of its decision to the Registrar. Payment into compensation fund (7) If a decision made by the Discipline Committee under subsection (3) requires that a licensee pay a penalty to the College, the amount of the penalty is to be paid into the compensation fund referred to in section 13 . 2019, c. 29, s. 292 “69” 2023, c. 26, s. 292
College of Immigration and Citizenship Consultants Act — C-33.6 70
Compliance with decision 70 Any person who is the subject of a decision made under subsection 68 (1) or 69 (3) must comply with it.
College of Immigration and Citizenship Consultants Act — C-33.6 70.1
Filing decision in Federal Court 70.1 (1) The College may file in the Federal Court a certified copy of a decision made under subsection 69(3). Effect of filing (2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court. 2023, c. 26, s. 293
College of Immigration and Citizenship Consultants Act — C-33.6 71
Respondent — College 71 (1) If an application is made for judicial review of a decision of the College, including its committees, the College is the respondent in respect of the application. Respondent — committee (2) However, if the College makes an application for judicial review of a decision of its committees, the committee is the respondent. 2019, c. 29, s. 292 “71” 2023, c. 26, s. 294