August 03, 2011
NEWSLETTER

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Coming Into Force of Bill C-35, An Act to Amend the Immigration and Refugee Protection Act (Authorized Representatives)
SUMMARY
Bill C-35, An Act to Amend the Immigration and Refugee Protection Act (IRPA), came into force on June 30, 2011. The Bill strengthens the rules governing those who provide immigration advice or representation for a fee or other consideration. Instructions are given to the field on how to process applications during the 120 day transitional period which accompanies the coming into force of this legislation.

Issue
The purpose of this Operational Bulletin (OB) is to provide guidance on the coming into force of Bill C-35, An Act to Amend the Immigration and Refugee Protection Act (IRPA), along with related amendments to the Immigration and Refugee Protection Regulations (IRPR).
BACKGROUND

Bill C-35 makes several important changes to the IRPA:

  • It creates a new offence by extending the prohibition against representing or advising persons for consideration-or offering to do so-to all stages in connection with a proceeding or application under the IRPA, including before a proceeding has been commenced or an application has been made, and provides for penalties in case of contravention.

  • It includes the recognition of paralegals who are members in good standing of a provincial or territorial law society as authorized representatives, under paragraph 91(2)(b).

  • It provides the Minister with the authority to make regulations to designate or revoke the designation of a body responsible for the regulation of immigration consultants under subsection 91(5).

  • It gives the Minister the authority to provide for transitional measures, by regulation, in relation to the designation or revocation of the body responsible for regulating immigration consultants under subsection 91(7).

  • Facilitates information sharing with regulatory bodies regarding the professional and ethical conduct of their members under subsection 91(6).
INSTRUCTIONS

For the purposes of this OB, the following issues are addressed:

1. Designation of the Immigration Consultants of Canada Regulatory Council (ICCRC) and associated transitional provisions with regard to immigration consultants.
2. Lawyers, paralegals, and members of the Chambre des notaires du Qu├ębec.
3. Other third parties authorized to represent and advise on immigration matters

Bill C-35 also deals with other important issues, including information sharing and gathering measures. These issues will be clarified in an upcoming update to manual chapter IP 9, or in a further OB if necessary.
 
Throughout this OB, a "representative" is defined as a person who is authorized to represent or advise an applicant for consideration. A "consultant" is a specific type of representative, one who is a member in good standing of a body which has been designated by the Minister as the regulator of immigration consultants.
 
1. Designation of the ICCRC and associated transitional provisions with regard to immigration consultants
Pursuant to subsection 91(5) of the IRPA, the Minister has designated the Immigration Consultants of Canada Regulatory Council (ICCRC) as the governing body for the regulation of immigration consultants. The Canadian Society of Immigration Consultants (CSIC) is no longer the governing body.
Members in good standing of the ICCRC are therefore recognized as persons who may represent or advise an applicant, for consideration, under paragraph 91(2)(c) of the IRPA.
 
As a transitional measure, the Minister has indicated by regulation that all members in good standing of CSIC on June 30, 2011 are also, temporarily, deemed to be members of the ICCRC. This measure will last for one hundred and twenty (120) days, until October 28, 2011. The transition period is in place for the following reasons:

  • To provide operational continuity for authorized immigration consultants and their clients.
  • To give CSIC members time to register with the ICCRC and become members in good standing of the new governing body.
  • To give the ICCRC time to bring their operations on-line.

On October 29, 2011 the transition period will end, and CSIC members who were in good standing on June 30, 2011 must have formally registered with the ICCRC to continue to be recognized.
 
From October 29, 2011 onwards, only immigration consultants who have formally registered with the ICCRC and been recognized by that body as members in good standing will be recognized as authorized to represent or advise clients as immigration consultants by Citizenship and Immigration Canada (CIC).
 
GCMS was updated on July 18, 2011 to permit the selection of "ICCRC" as an authorized representative party. Please refer to GCMS user guides and release notes for further information.
 
Click Here for Full Version in English

SPECIAL ECONOMIC MEASURES (IRAN)

Special Economic Measures (Iran) Regulations and its impacts on the QIIP

On July 26, 2010, the Government of Canada announced that it was implementing new regulations through the Special Economic Measures Act aimed to restrict Iran's nuclear program and preventing the proliferation of weapons of mass destruction (WMDs). These targeted measures are designed to hamper attempts by Iran to develop nuclear, chemical, biological and missile programs as well as to persuade it to agree to constructive discussions with China, France, Germany, Russia, the United Kingdom and the United States.
 
To consult the Special Economic Measures (Iran) Regulations click here.

The regulations prohibit the following:

  • dealings with designated individuals and entities, such as dealings in any property, or making any goods or financial or related services available to a designated individual or entity;
  • exporting or otherwise providing to Iran arms and related materials not already banned, items that could contribute to Iran's proliferation activities, and items used in refining oil and gas;
  • providing technical data related to these goods; 
  • making any new investment in the Iranian oil and gas sector, or providing or acquiring financial
  • services for this purpose; providing or acquiring financial services to allow an Iranian financial institution (or a branch, subsidiary or office) to be established in Canada, or vice versa;
  • establishing correspondent banking relationships with Iranian financial institutions, or purchasing any debt from the government of Iran;
  • and providing services for the operation or maintenance of a vessel owned or controlled by, or operating on behalf of the Islamic Republic of Iran's Shipping Lines.

The sanctions bar dealings with designated individuals, companies, entities, financial institutions, etc.  For the complete list in the Regulation please click here.

THE IMPACT ON THE QIIP

Due to the measures implemented by the Federal Government under the above Regulation, the MICC has made some specific nuances for Iranian applicants applying under the QIIP.

If the applicant is not designated in the Regulation, however:

  • whose assets are deposited in a bank or entity referred to in the Regulation, for immigration purposes may not use these assets in his calculation of his/her net worth. However, the applicant can transfer these assets that are currently in the prohibited entity to another bank prior to filing its Application for Selection Certificate or before the selection interview, which will allow the assets to be recognized by the MICC and therefore be included in his/her net worth;
  • the applicant's has shares or dividends in a company or entity banned by the  Regulation, the applicant will be able to get his/her source and accumulation of funds acknowledged by the MICC, as well as the value of the shares or dividends  in the applicant's calculation of his net worth, as the applicant could have sold the shares at any time and deposited the funds in an entity that was not designated in the Regulation; and/or
  • has acquired his/her management experience in an entity banned by the Regulation, the MICC will recognize the applicant's management experience.

Therefore, due to the restriction on dealings with designated individuals and entities we highly suggest that you review the Regulation to verify it has no impacts on your application(s) or your client(s) application.

THE FEDERAL GOVERNMENT CRACKING DOWN ON IMMIGRATION

The Conservative government has moved to revoke the citizenship of 1,800 people who obtained it fraudulently and has released a most-wanted list of 30 suspected war criminals.

Kenney announced that Ottawa is poised to strip 1,800 people of their citizenship. "There are some around the world who would seek to abuse Canada's openness and who would seek to devalue Canadian citizenship. I'm here to tell those people that Canadian citizenship is not for sale."
 
As for the 1,800 fraudulent immigrants, many had allegedly been helped by crooked consultants who created false proof of residency in Canada.
 
The day after Kenney's announcement, Public Safety Minister Vic Toews, Immigration Minister Jason Kenney and the Canada Border Services Agency released the names of 30 illegal migrants suspected of war crimes or crimes against humanity. They come from countries including Afghanistan, the former Yugoslavia, Ghana, Somalia, Sri Lanka and Peru.
 
By sheer numbers, the government's move is historic; since 1867, Canada has revoked citizenship status of only 66 people.
 
By launching this enforcement action, Mr. Kenney said he's sending the message that Canadian citizenship is not for sale.

RAMADAN
To all our partners across the world who celebrate Ramadan we wanted to wish you Happy Ramadan! 

May you have a happy
and blessed Ramadan


IAS the team you can count on!

 

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