Agents and Representatives
Important legal notice
Updated December 15, 2011
On June 30, 2011, a new law came into force in Canada which impacts those who provide immigration-related services to people wishing to come to Canada. Under the new law, any person/agency that accepts payment to provide immigration advice or representation to migrants wishing to come to Canada must be accredited by the new Immigration Consultants of Canada Regulatory Council (ICCRC).
Failure to comply with the new legislation constitutes a federal offence in Canada and penalties include fines up to $100,000 and up to two years in jail.
The Canadian government has advised that this legislation does apply to educational agents / consultants based in Canada. According to the Manual issued by Citizenship and Immigration Canada:
“... it is important to understand that certain functions are permitted for individuals who are not authorized representatives. [...] Examples of services falling into this category would include:
[...] Advising an international student on how to select their courses or register
[...] Examples of such individuals who might provide such services may include translators, travel agents, recruiters or agents. The key is that these people must not be providing immigration advice or representation to their client.”
“Educational agents, who are often engaged by Canadian educational institutions to assist their foreign students, typically charge a fee for their services up to and including sending a signed study permit application to the Canadian embassy. Under the Regulations, such agents must be authorized representatives if they provide immigration advice or representation to their clients, even if these activities occur prior to the submission of the application.
Similarly, agents who wish to represent students on immigration matters after their student applications have been submitted need to be authorized representatives.”
The complete Manual is available at: http://www.cic.gc.ca/english/resources/manuals/ip/ip09-eng.pdf
UNB therefore strongly urges all Canadian-based agents / consultants to assess the types of services they provide to students and to obtain the appropriate ICCRC accreditation as necessary.
UNB may require proof of ICCRC accreditation from its signed Canadian-based agents, on a case-by-case basis.
It is still not clear how this new legislation will impact agencies / consultants based outside of Canada. Until this is clarified, UNB will make determinations on a case-by-case basis, as agent contracts are renewed.
UNB also urges agents to remain informed about this legislation and any accreditation processes that may be required under it. Government updates are available. We will also continue to post information as it become available to us.
