As reported by ««Русский Торонто»», such persons may now only be a Canadian lawyer or a registered member of the Canadian Society of Immigration Consultants (CSIC).
Before the introduction of this provision, any person was allowed to provide paid consulting services on immigration to Canada. The applicant could hire such a person (or firm) at their discretion. The only restriction was that when conducting official correspondence with the embassy, only a citizen or permanent resident of Canada could act as your representative - anyone, regardless of occupation or special permits.
The essence of the new provision
From April 13, 2004, only the following persons are given the right to act as authorized representatives before Canadian immigration authorities and provide paid consulting services on immigration to this country:
- Canadian lawyers who are registered members of bar associations of the relevant province or territory;
- immigration consultants who are registered members of the newly created Canadian Society of Immigration Consultants (CSIC).
- notaries of the province of Quebec, members of the Quebec Association of Notaries, and law students working under their supervision.
When providing free services, this restriction is partially lifted. To be more precise, the circle of persons who can act as authorized representatives during the immigration process expands to the following categories:
- non-governmental public or religious organizations;
- friends;
- relatives.
All of them must be physically present in Canada and be either Canadian citizens or its permanent residents.
Starting April 13, 2004, embassies will not accept applications for immigration to Canada if the authorized representative indicated in it is not a Canadian lawyer or a member of CSIC. Such an application will in the best case simply be returned, in the worst case - it may even be refused.
For those who submitted applications before April 13, 2004
Regarding applications submitted before April 13, 2004, which specified representatives who are not Canadian lawyers or CSIC members, the law states the following. Such persons and organizations are allowed to continue representing their clients for another four years from the introduction of the new provision (that is, until April 13, 2008) or until the end of the client's immigration process, if it ends earlier than the specified period.
We especially emphasize that this exception applies only to representation under applications submitted to the embassy before April 13, 2004, meaning that for all newly submitted applications, only a Canadian lawyer or a registered member of CSIC can act as an official representative.
If the immigration process under applications submitted before April 13, 2004, does not end by April 13, 2008, the client must refuse the services of an unauthorized representative and either continue to handle their case and communicate with the embassy independently, or seek services from an authorized representative.
New form IMM5476B "USE OF A REPRESENTATIVE"
In order to bring to the attention of every applicant the new provision on restricting those persons who may be authorized representatives (and to prevent unscrupulous companies or individuals from taking advantage of someone's ignorance of this provision), an additional form IMM5476B "USE OF A REPRESENTATIVE" has been introduced, which must be attached to the general set of forms for submitting an application for immigration to Canada and signed by the applicant himself. This form requires all data of the authorized representative and his registration number confirming that he is a member of either a provincial bar association or the Canadian Society of Immigration Consultants (CSIC).
Motives for introducing the restrictions
In the official document Regulations Amending the Immigration and Refugee Protection Regulations, the following reasons are given for introducing strict restrictions for authorized representatives: "...The Ministry received constant and credible reports that some immigration consultants, both in Canada and abroad, were engaged in illegal smuggling of people into Canada using forged documents. For example, they fabricated fake documents about work experience for an applicant to qualify for immigration under the Skilled Workers category, or about having a relative in Canada for immigration under the "family sponsorship" category. Some consultants declared themselves experts without special training and experience in handling complex cases. They also deceived clients by promising the impossible and not fulfilling what was promised. Some took exorbitant fees simply for a false promise to submit the client's documents to the embassy. And when their clients demanded to be informed of the status of their application, they were told that the Canadian embassy had refused them, and even provided fabricated letters with a file number. The extortion by dishonest immigration consultants and the lack of official regulation of this profession caused serious damage to clients, to the consulting profession itself, to the reputation of the Canadian immigration program, and to Canada itself abroad. Moreover, these actions could pose a potential threat to national security..."
CSIC - Canadian Society of Immigration Consultants
This society was created in the autumn of 2003 specifically for the official regulation and supervision of the activities of consultants providing paid immigration consultations. It was created on the model of organizations regulating the activities of lawyers. Any firm or individual (except Canadian lawyers) must be a member of this organization in order to have the legal right to provide paid immigration consultations and represent their clients before Canadian government bodies. Such persons must be citizens or permanent residents of Canada.
Since the activities of Canadian lawyers are already regulated by a special institution - the bar association in each province (territory), they are not required to join the Canadian Society of Immigration Consultants. For all other categories of authorized representatives, membership in CSIC is mandatory.
How to check an authorized representative
Since an authorized representative can only be a Canadian lawyer or a registered member of CSIC, it is fairly easy to check them. A Canadian lawyer - through the provincial bar association where he or she is registered; an immigration consultant - through the Canadian Society of Immigration Consultants. To do this, you need to contact the relevant organization. Almost all of them have online verification services. Here you can find a complete list and contact information of all provincial bar associations: http://www.cic.gc.ca/english/department/ consultants/verify-rep.html