June 29, 2011
NEWSLETTER

OUR OFFICES
Montreal – Head Office
2200 McGill College Avenue, Suite 320
Montreal, Quebec, Canada H3A 3P8
Tel: (514) 499-1170
Fax: (514) 499-1063
Email: info@canadaiip.com
Website: www.canadaiip.com


We also have representatives in:
Dubai
Tehran
Iran
Beijing
Hong Kong
Guangzhou
Shanghai
Vancouver
NEW FEDERAL IMMIGRATION INVESTOR PROGRAM FORMS JULY 2011

Further to our Newsletter of June 27, 2011, we would like to advise you that the new federal forms for the IIP are available on our website under the heading "New June 2011".

We have uploaded on our website the New:


Please note that the Application Kit will not be updated until mid-July, when all Application Kits are updated with the release of a new IMM0008 form. As soon as these forms are made available to us, we will post them on our website.

To reiterate our previous newsletter, please note that IIP application(s) must include the forms and documents listed in the Checklist - Appendix A of the application guide. If your application does not include all of the documents and forms set out in the Checklist, the CIO will return it to you. Do not provide documents which are not listed in the checklist.

If you are applying on or after July 1, gather all required forms and documents, and send your application to:

CIO Mailing Address:
Citizenship and Immigration
IIP
Centralized Intake Office
PO Box 8888
Sydney, Nova Scotia
B1P 0C9
Canada

Or

CIO Courier Address:
Immigrant Investor Program
Centralized Intake Office
47-49 Dorchester Street
Sydney, Nova Scotia
B1P 5Z2

It has been confirmed by CIO in Sydney that a telephone number is not required by the courier companies.

Please be advised that you cannot apply in person to the CIO in Sydney. They are not open to the public and will not accept any applications hand delivered. You must either mail your application or send it by courier.

It is important to take note that Visa offices will return any IIP application received on or after July 1, 2011. CIO will only be accepting IIP applications on or after July 1, 2011. It is important to note that the date that the application is prepared or dated will not be taken into consideration, only that it is received in the CIO mailroom on or after the date of July 1, 2011. At visa offices, if a file is received on or after July 1, 2011 it will be returned regardless of when it was mailed or postmarked.

FEE PAYMENT
Please be advised that you will not be able to pay processing fees by credit card prior to July 1, 2011. There is a new Fee Payment Form being created, which will not be available online until next week. In the meantime, the credit card option will be removed from the Checklist and please use one of the three other payment options provided: certified cheque, bank draft or money order made payable to the Receiver General for Canada in Canadian funds only. As soon as the new Fee Payment Form becomes available it will be posted on our website.
TOUGHER RULES GOVERNING IMMIGRATION CONSULTANTS ENACTED AND NEW REGULATOR ANNOUNCED – BILL C35

The Federal government announced yesterday that on July 1, C-35 will come into force and tthe consultant community is being turned over to the newly created Immigration Consultants of Canada Regulatory Council (ICCRC).

With the designation of the ICCRC as the regulator of immigration consultants, consultants who are currently members in good standing of the Canadian Society of Immigration Consultants (CSIC) can begin to register with the ICCRC on June 30, 2011.

A 120-day transitional period will be put in place to ensure a smooth transition and continuity of service for both CSIC members currently in good standing and their clients during the transition to the ICCRC. The transition period will end on October 28, 2011.

For the complete press release please click here.

HIGHLIGHTS OF BILL C-35

Bill C-35, An Act to Amend the Immigration and Refugee Protection Act (formerly called the Cracking Down on Crooked Consultants Act) received Royal Assent on March 23, 2011 and is coming into force on June 30, 2011.

At its core, the Act amends the Immigration and Refugee Protection Act (IRPA), making it an offence for anyone other than an authorized representative to conduct business, for a fee or other consideration, at any stage of an application or proceeding. This includes the period before a proceeding begins or an application is submitted and means that anyone who provides paid immigration advice at the pre-application stage will need to be an authorized representative, as identified in section 91 of the Act.

Unpaid third parties, such as family members and friends, can still act on behalf of an applicant.

The Act also:

  • Includes the creation of a specific offence and doubles penalties from $50,000 to $100,000 and/or imprisonment for up to two years upon conviction by indictment; and from $10,000 to $20,000 and/or imprisonment for up to six months on summary conviction;
  • Provides the Minister with the power, by regulation, to designate or revoke the designation of a body responsible for governing immigration consultants and to provide for transitional measures with respect to such a designation, or revocation of a designation;
  • Authorizes the Governor in Council to make regulations requiring the designated body to provide the Minister with information regarding its activities. This information would be used to assist the Minister in evaluating: the effectiveness of the body in ensuring the integrity of the immigration program; whether the designated body is regulating its members in the public interest; and whether its members are providing their services in a professional and ethical manner; and
  • Includes a provision allowing the disclosure of information relating to the professional or ethical conduct of individuals to those responsible for governing or investigating that conduct.

While the Act will be in force as of June 30, 2011, regulations regarding information gathering and disclosure will be enacted at a later date.

WHY THE ICCRC

A notice was published on March 19, 2011, in the Canada Gazette, Part I, proposing to amend the Immigration and Refugee Protection Regulations so that the ICCRC becomes the regulator of immigration consultants. The proposed amendments were open for public comment for a 30 day period.

A total of 207 comments from 196 respondents were received and over 70 percent of the public comments supported the proposal to establish a new regulator of immigration consultants, indicated dissatisfaction with their current regulator, or supported the recognition of the ICCRC as the governing body for immigration consultants. One of the submissions received also included a petition signed by 479 CSIC members that were supportive of the naming of the ICCRC.

A large number of these comments referred to CSIC fees being too high. A number of comments referred to the transparency and integrity issues related to CSIC. Thirty-nine of the submissions received were opposed to the removal of CSIC's recognition as regulator and 19 were neutral in nature.

For further details please click here.

TRANSITIONING TO THE IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL, THE DESIGNATED REGULATOR OF IMMIGRATION CONSULTANTS

With the designation of the ICCRC as regulator of immigration consultants, consultants who are currently members in good standing of CSIC will be deemed members of the ICCRC for a period of 120 days. To ensure a smooth transition, this transitional provision will allow CSIC members who are in good standing to continue to represent and advise applicants, for a fee or other consideration, during this 120-day period. The transition period starts June 30, 2011, and ends October 28, 2011.

A registration package is available on the ICCRC's website at www.iccrc-crcic.ca, by calling 1-877-836-7543 or by e-mail at info@iccrc-crcic.ca.

Current members of CSIC, in good standing at the time of the ICCRC's designation, will be able to continue to practice throughout the transition period and won't have to pay ICCRC membership fees during the 120-day transition period. During that time, they will need to become members in good standing of the ICCRC in order to continue to provide their services after the transition period ends.

Current CSIC members in good standing are encouraged to register with the new regulator promptly, because if the 120-day transitional period passes and they are not yet registered as members of the ICCRC, they will no longer be recognized as authorized immigration consultants. They would therefore not be authorized to represent or advise a person, or even offer to do so, for a fee or other consideration, in connection with a proceeding or application under the Immigration and Refugee Protection Act. After the 120-day deadline, CIC will not deal with CSIC members who have not registered with the ICCRC.

HOW TO REGISTER WITH ICCRC

The ICCRC has information on its website for immigration consultants about how to register with them.

ICCRC isnow allowing eligible consultants to pre-register with the Immigration Consultants of Canada Regulatory Council (ICCRC/the Council). To determine if you are eligible to register, please refer to the lists below:

Eligible to register

  • Immigration consultants who were members in good standing of CSIC as of March 19, 2011
  • Immigration consultants who have become members in good standing of CSIC since March 19, 2011

Ineligible to register (this list is not exhaustive)

  • Recent graduates of an immigration practitioner program who have not yet become members of CSIC
  • Individuals on a leave of absence from CSIC
  • Individuals who were not a member of CSIC on March 19, 2011 and have not become a member since then

The ICCRC hopes to finalize rules related to the above and other groups of consultants in the next three to four weeks.

Immigration consultants will have 120 days from June 30, 2011 to complete the admissions process. The Council will review and verify these forms when they have been received.

FREQUENTLY ASKED QUESTIONS:

There are some interesting questions that have been answeredby CIC in regards to the IIP, Bill C-35 and its impacts, please click here to consult the FAQ:

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