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Copyright
?span style="mso-spacerun: yes"> 2004, West Group May 10, 2004
CANADA
ANNOUNCES NEW REGS FOR IMMIGRATION REPRESENTATIVES; LAWSUIT FILED
The government of Canada now only recognizes immigration representatives who are members of a self-regulating association, Citizenship and Immigration Canada (CIC) announced on April 8. New regulations, published on April 14, 2004, define who may, for a fee, represent, advise, or consult with an individual who is the subject of any application or proceeding related to immigration or refugee status. The new regulations do not apply to proceedings or applications pertaining to citizenship matters.
The
regulations, which have led to a lawsuit (discussed below), affect
individuals who pay a representative to provide advice and assistance on
immigration and refugee matters with CIC and in proceedings before
Canada's Immigration and Refugee Board (IRB) and the Canada Border
Services Agency (CBSA). The regulations do not apply to friends, family
members, or organizations that do not charge a fee for providing advice
and services. CIC also noted in a press release on April 8, 2004, that
the government of Canada does not require anyone to have a
representative.
CIC said the new
requirements are necessary because there have been
"persistent and credible reports," as the Regulatory
Impact Analysis Statement
notes, that some unscrupulous immigration consultants, both in Canada
and abroad, facilitate alien smuggling and fabricate documents. Some
consultants hold themselves out as experts, even though they have no
training or experience; others "promise the impossible and fail to
deliver, and charge exorbitant fees." In a number of cases, the
statement said, consultants have charged fees for an unfulfilled promise
to file immigration applications, then gone so far as to provide bogus
file reference numbers and advise clients that the Canadian government
refused the application.
Those with applications or
proceedings already underway as of April 13, 2004, may continue to use
the services of their paid representative until April 13, 2008, CIC
said. After that date, if their representative is not a member of one of
the approved organizations, the individual may choose either to continue
unrepresented or hire an authorized representative. Also, as of April
13, 2004, individuals who submit new applications indicating that they
have used a paid representative who is not authorized may have their
application packages returned. CIC said that proceedings currently
before the IRB will continue, but the subject of the proceedings will be
treated as unrepresented and the IRB will not deal with the unauthorized
representative. Similarly, officers of the CBSA will deal only with the
subject of the proceeding and not the unauthorized representative.
Under the new regulations,
only the following people may act as paid representatives: (1)
immigration consultants who are members in good standing of the Canadian
Society of Immigration Consultants (CSIC) ;
(2) lawyers who are members in good standing of a Canadian law society,
and students-at-law under their supervision; and (3) notaries who
are members in good standing of the Chambre des notaires du Qu?ec, and
students-at-law under their supervision.
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