College of Immigration and Citizenship Consultants Act (College Act)
The College Act creates a new self-regulatory regime that governs immigration and citizenship consultants.
The College’s mandate is to regulate immigration and citizenship consultants in the public interest and protect the public.
The College Act, among other things:
- creates a licensing regime for immigration and citizenship consultants;
- requires that licensees comply with the Code of Professional Conduct;
- authorizes the College’s Complaints Committee to conduct investigations into a licensee’s conduct and activities;
- authorizes the College’s Discipline Committee to take or require action if it determines that a licensee has committed professional misconduct or was incompetent;
- prohibits non-licensees from using certain titles and representing themselves to be licensees;
- empowers the College to seek an injunction to prevent unauthorized practitioners from contravening those prohibitions;
- gives the responsible Minister the authority to determine the number of directors on the Board of Directors;
- requires the Board to do anything that is advisable to carry out the purposes of the College Act; and
- contains transitional provisions allowing the Immigration Consultants of Canada Regulatory Council to be continued as the College.
Immigration and Refugee Protection Act (IRPA)
IRPA is the primary federal legislation that regulates immigration to Canada. It also grants refugee protection to people who are displaced, persecuted or in danger.
IRPA sets out the core principles and concepts that govern Canada’s immigration and refugee protection programs, including provisions relating to:
- Refugees
- Sponsorships and removals
- Detention reviews and admissibility hearings
- Tribunals and their jurisdiction and powers
IRPA is administered by Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA). In 2002, it replaced the Immigration Act, 1976.
Immigration and Refugee Protection Regulations
The Immigration and Refugee Protection Regulations relate to:
- Temporary foreign workers
- Students
- People who are seeking entry into Canada
- Permanent resident cards
- Residency obligations
- Family class
- Skilled workers and business immigrants
- Refugees
- Humanitarian and compassionate considerations
- Inadmissibility
- Detention and release
- Pre-removal risk assessments
- Other enforcement-related matters
Citizenship Act
The Citizenship Act came into force in February 1977.
It ensures that native-born and naturalized Canadian citizens are equally entitled to all the rights and duties of a Canadian citizen.
These rights and duties are governed by provincial and federal laws and by the Constitution Act of 1982. The Citizenship Act outlines the specific circumstances under which the Minister grants Canadian citizenship.
By-laws
The College By-laws, along with the College of Immigration and Citizenship Consultants Act, the College of Immigration and Citizenship Consultants Regulations and College policies, are the fundamental rules that define:
- The College;
- The conditions of licensing;
- The rights and duties of the licensees regarding the internal government of the College; and
- The management of the College’s affairs
All licensees have a professional duty to comply with the By-laws, the Regulations, and the Code of Professional Conduct. Licensees who fail to meet these obligations may be subject to the Complaints and Discipline process.
On November 17, 2021 the Council Board of Directors approved By-law 2021-2 which remains in effect and applies to all College licensees (RCICs and RISIAs). Any references to the Immigration Consultants of Canada Regulatory Council (Council/ICCRC), and associated terminology, are to be read as references to the College of Immigration and Citizenship Consultants (College) and its associated terminology.