# Canadian Refugee Procedure/91-91.1 - Representation or Advice
## IRPA Sections 91-91.1

Sections 91-91.1 of the Immigration and Refugee Protection Act read:

### Section 91 restricts who can represent or advise a person for consideration, there are separate rules for those providing services that are unremunerated

Section 91(1) of the Act provides no person shall represent or advise a person for consideration - or offer to do so - except as authorised by s. 91 of the Act. For the RPD rule governing Counsel who are representatives without fee, see: Canadian Refugee Procedure/RPD Rules 3-13 - Information and Documents to be Provided#RPD Rule 5 - Declaration where counsel is not acting for consideration. If there are allegations or concerns that a representative, who is not a member of the specific regulated professions listed above, is being paid for their services before the IRB, this is governed by the IRB’s Policy for Handling Immigration and Refugee Board of Canada Complaints Regarding Unauthorized, Paid Representatives. See also: Canadian Refugee Procedure/RPD Rules 14-16 - Counsel of Record#The Board has jurisdiction to control who can appear before it as counsel.

## Section 91(2): Persons who may represent or advise
### Section 91(2) sets out the four groups who may represent persons before the IRB for consideration

The previous Immigration Act was interpreted to permit unregulated “other counsel” to represent persons before the IRB. An amendment to the IRPA in 2011 changed that, restricting such representation to above four categories of licensed persons: lawyers, notaries (in Quebec), immigration consultants and paralegals.

### Section 91(2)(c) provides that a member of the College of Immigration and Citizenship Consultants must be "in good standing" to represent persons before the IRB for consideration

Section 91(2)(c) of the IRPA provides that a member of the College of Immigration and Citizenship Consultants must be "in good standing" to represent persons before the IRB for consideration. In accordance with College By-Law 2021-2, the term “in good standing” means that the consultant, among other things, has met the College's learning requirements and has not been suspended. By-laws of the College of Immigration and Citizenship Consultants also provide that, as of July 1, 2023, immigration consultants must obtain a Class L3 licence from the College in order to be permitted to represent persons before the Immigration and Refugee Board. The qualifications for a Class L3 licence are higher than the qualifications a Class L2 licence that is needed for general immigration work. As such, section 91 of the IRPA may be interpreted such that “in good standing” means that the College permits the immigration consultant to practice in the particular area and so that immigration consultants who lack the required L3 licence contravene section 91 of the IRPA if they represent or advise a person for consideration. See also: Canadian Refugee Procedure/RPD Rules 3-13 - Information and Documents to be Provided#RPD Rule 5 - Declaration where counsel is not acting for consideration.

## Section 91(3): Students-at-law
### Parties may be represented by multiple counsel (co-counsel) in a proceeding

See further: Canadian Refugee Procedure/RPD Rules 14-16 - Counsel of Record#Parties may be represented by multiple counsel (co-counsel) in a proceeding.

## Section 91(4): Agreement or arrangement with Her Majesty
### IRPA s. 91(10): A proceeding under this Act does not include a proceeding before a superior court, and as such an immigration consultant may not provide representation on judicial review

Section 91(2) provides that persons may represent or advise for consideration in connection with a proceeding or application under this Act if they are a member in good standing of the College of Immigration and Citizenship Consultants or the Chambre des notaires du Quebec. However, as per section 91(10), this provision of the Act does not include a proceeding before a superior court. Therefore, this provision does not authorise an Immigration Consultant or a Quebec notary to represent a client on a judicial review of an IRB decision.

## References

* ↑ ln the Matter of the Conduct of Gabriel Bazin before the Immigration and Refugee Board, 2022 CanLII 50884 (CA IRB), at para 12, <https://canlii.ca/t/jprvq#par12>, retrieved on 2022-06-30.
* ↑ Caruso v. The Law Society of Ontario, 2023 ONSC 6744 (CanLII), at para 100, <https://canlii.ca/t/k1dzq#par100>, retrieved on 2023-11-30.