Evidence of meeting #35 for Citizenship and Immigration in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was consultants.

On the agenda

MPs speaking

Also speaking

Bruce Perreault  Member of the Canadian Bar Association and of the Canadian Society of Immigration Consultants (CSIC), Founding Director, Canadian Association of Professional Immigrant Consultants (CAPIC), Bruce Perreault and Associates
Ross Eastley  Managing Director and Chief Executive Officer, Canadian Migration Institute
Dawn Moore  Director, Canadian Migration Institute

1:55 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Prior or after.

1:55 p.m.

Member of the Canadian Bar Association and of the Canadian Society of Immigration Consultants (CSIC), Founding Director, Canadian Association of Professional Immigrant Consultants (CAPIC), Bruce Perreault and Associates

Bruce Perreault

You have the famous Harry Kopyto. You remember him, sir.

1:55 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

I don't, but go ahead.

1:55 p.m.

Member of the Canadian Bar Association and of the Canadian Society of Immigration Consultants (CSIC), Founding Director, Canadian Association of Professional Immigrant Consultants (CAPIC), Bruce Perreault and Associates

Bruce Perreault

Madam Chow will remember Harry Kopyto.

1:55 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

He was prosecuted by the law society?

1:55 p.m.

Member of the Canadian Bar Association and of the Canadian Society of Immigration Consultants (CSIC), Founding Director, Canadian Association of Professional Immigrant Consultants (CAPIC), Bruce Perreault and Associates

Bruce Perreault

Absolutely. He was quite a famous case.

1:55 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

This had to do with providing consulting services or representing...?

1:55 p.m.

Member of the Canadian Bar Association and of the Canadian Society of Immigration Consultants (CSIC), Founding Director, Canadian Association of Professional Immigrant Consultants (CAPIC), Bruce Perreault and Associates

Bruce Perreault

Actually, he was providing any kind of service you wanted to pay for.

1:55 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

After CSIC, have you prosecuted any unauthorized practices?

1:55 p.m.

Member of the Canadian Bar Association and of the Canadian Society of Immigration Consultants (CSIC), Founding Director, Canadian Association of Professional Immigrant Consultants (CAPIC), Bruce Perreault and Associates

Bruce Perreault

I don't believe so, but there are a lot in the stream. There are a lot of people being investigated at this moment.

Once again, back to the IRB, they themselves are starting this week to look at that.

1:55 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

That's the other aspect of it. The suggestion was that the enforcement should come not from the law society but from the department, the government, or the CSIC itself.

1:55 p.m.

Member of the Canadian Bar Association and of the Canadian Society of Immigration Consultants (CSIC), Founding Director, Canadian Association of Professional Immigrant Consultants (CAPIC), Bruce Perreault and Associates

Bruce Perreault

Yes, sir. There's no doubt that the government should be doing it, but the government is acting.

1:55 p.m.

Conservative

The Chair Conservative Norman Doyle

Mr. Komarnicki, Mr. Eastley wants to speak.

1:55 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

I know that Mr. Eastley has a few comments. I want to make sure that he makes those in my time.

Go ahead and wrap up if you can.

1:55 p.m.

Member of the Canadian Bar Association and of the Canadian Society of Immigration Consultants (CSIC), Founding Director, Canadian Association of Professional Immigrant Consultants (CAPIC), Bruce Perreault and Associates

Bruce Perreault

There's no doubt that the government is acting through the IRB. A duty of the law society, by statute, is to prosecute people who are practising law without a licence, but they're not doing it.

1:55 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Mr. Eastley, you had a point there. You can answer on any area I've covered.

1:55 p.m.

Managing Director and Chief Executive Officer, Canadian Migration Institute

Ross Eastley

CSIC doesn't have the power to prosecute the unauthorized representatives at this moment because of the construction of the model. One suggestion was that regulations be changed to incorporate. That was one suggestion. The approach CSIC has been taking to this point in time has been to refer matters to other government agencies. Matters of individuals who have been practising as unauthorized representatives have not been referred to the law society, but they have been referred to local police organizations or to the CBSA. Once we refer them, we provide the particular organization with as much background as we can so they can pursue them within their jurisdiction, because CSIC doesn't have that particular ability.

1:55 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Do I have more time?

1:55 p.m.

Conservative

The Chair Conservative Norman Doyle

You have one minute left.

1:55 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

One of the other things raised was that it seems that the regulations apply after an application is submitted, and there was a concern that services are rendered prior to that point that are not actually indicated in the application process. So they are not identified, but they are actually doing a service for a fee, perhaps. Do you have any comments about when the regulation should apply or otherwise? Has that been an issue at all?

1:55 p.m.

Director, Canadian Migration Institute

Dawn Moore

Essentially, it creates a problem for the public in terms of people paying somebody to represent them and thinking that the person is representing to the government. These unauthorized agents can sort of get off the hook by saying that they're just preparing their papers, or just doing this. So they are allowed to do part of the work. CIC basically says that unless it's put before them, they don't sort of look at it in terms of an authorized.... They don't have to be authorized, but if you change that--

2 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

One thing we can all agree on is that from the public interest point of view, we want to be sure that whoever is providing advice or services has the right amount of competence or education and that there's some sort of ethical standard that somebody's enforcing, and if members go awry they will eventually be disciplined. Not everybody will be happy with the standards you set or the discipline you take, but from a public interest point of view, you need a body that does that. Would you agree with me?

2 p.m.

Managing Director and Chief Executive Officer, Canadian Migration Institute

Ross Eastley

Very much so.

2 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

I know that the chair is about to strike his hammer.

2 p.m.

Conservative

The Chair Conservative Norman Doyle

Some members want a little bit of clarification. I want to ask, on behalf of the members who want this clarification, a little bit about the board again. How many people are on the board? How many are appointed? What's the process here? Can you give us that again, Mr. Perreault or Mr. Eastley?