Regulating Immigration Consultants in Canada and Abroad

By Robert Pascal

People seeking to immigrate to Canada often are unfamiliar with Canada’s official languages and immigration laws. They often need help navigating the process and filling out forms. Over a period of time a number of individuals established themselves as paid immigration consultants, which led to confusion among the immigrant and refugee communities. Many consumers seeking help with immigration, did not understand the differences between a lawyer, an immigration consultant and a non-governmental organization

It’s customary for professions once established to be regulated in some fashion. The need for regulating immigration consultants specifically stemmed from a number of factors. There were no set standards for the levels of education, the quality of services, or professional accountability. Some consultants were holding themselves out as experts despite the fact that they had little or no training or experience in the field of immigration.

There was concern that victims were either afraid to complain or unable to complain because they resided outside of Canada. There was no formal complaints process established to deal with consultants who abused the trust of their clients and therefore tarnished the industry as a whole.

These conditions lead to the creation of the Canadian Society of Immigration Consultants (CSIC) – an independent and self-regulating body for immigration consultants who are members and who charge a fee for their services.

The Government of Canada amended the Immigration and Refugee Protection Regulations as of April 13, 2004 so that practising representatives being paid for their services have to be members in good standing with either the Canadian Society of Immigration Consultants, a Canadian law society or the Chambre des notaires du Québec to represent, advise, or consult with a person who is the subject of a proceeding in new matters brought before Citizenship and Immigration Canada (CIC), the Immigration and Refugee Board (IRB) and the Canadian Border Services Agency (CBSA).

CSIC and Consumer Protection

The Canadian Society of Immigration Consultants regulates immigration consultants who are members and protects the interest of consumers who pay these consultants for their services through its Complaints process.

The Society’s Rules of Professional Conduct set out the rules of professional and ethical conduct members have to abide by. Members failing to meet these obligations are subject to the Society's Complaints and Disciplinary Process.

The Society can address complaints about a consultant who is a member by:

• Assisting you with concerns about consultant's services
• Investigating complaints about consultant's behaviour or conduct
• Disciplining consultant’s if he or she is found guilty of contravening (or breaking) one of the Society’s Rules of Professional Conduct

The Society cannot recommend a specific immigration consultant. Consumers can search the Society's Membership List to find a consultant who is a member in good standing of the Society. The Society or its staff cannot provide immigration advice. Only immigration consultants who are members in good standing of the Society can provide you with immigration advice.

The Society cannot order a consultant to reduce their fees. Fees should be clarified and discussed at the time of signing the agreement between the client and the immigration consultant outlining the scope of services and fees to be charged for those services. However, if the client has concerns about fees being charged outside the terms of the agreement, they can file a complaint with the Society.

For further information about CSIC, visit our website at: www.csic-scci.ca or can call us at: 416-572-2800 or call toll free at: 1-866-308-(CSIC) 2742.

Robert Pascal is the Communications Manager of The Canadian Society of Immigration Consultants.