I'll try to be fast.
Thank you for inviting me here today to speak to Bill C-35. I'm the chairman of the board of directors of IMMFUND.
IMMFUND was established in 2008 to offer consumers of immigration services an added layer of protection against the potential criminal activities of immigration consultants who are members of the Canadian Society of Immigration Consultants. It is a wholly-owned not-for-profit subsidiary of CSIC, which has its own staff and board of directors. Since its inception, the fund has collected just over $1.2 million from CSIC members, who are required to make an annual contribution.
I'd like to take a moment to describe how the fund works. If a CSIC member is convicted for a criminal act in a court of law, and if that act resulted in the loss of a client's money, IMMFUND will reimburse the client for their loss. To date, there have been no claims against the fund, but we are aware of five cases currently before the courts that could result in claims.
l'II now turn to IMMFUND's position on Bill C-35. The provision for clear penalties is strongly supported by IMMFUND, because it should discourage those operating in Canada from continuing to practice outside of regulation. IMMFUND strongly supports Bill C-35 because it offers consumers added protection by closing a loophole that allows ghost consultants to front-end services and further prevents them from openly advertising their services.
Of particular concern to IMMFUND is the provision that gives the immigration minister the unilateral power to designate a regulatory body with a simple notice in the Canada Gazette. This awesome power could create instability in the immigration system. It is of paramount importance that Bill C-35 be amended to allow for the Governor in Council, and not the immigration minister, to select the regulator of immigration consultants and establish criteria under which this power would be exercised.
I want to take the opportunity to stress the instability that would ensue should any body other than CSIC be designated regulator as a result of Bill C-35. If CSIC ceases to exist, so too would IMMFUND, and make no mistake, IMMFUND provides an added layer of stability to the Canadian immigration system by offering protections to consumers that would not otherwise exist.
I was disheartened to hear one of my fellow CSIC members last week talk about the possibility of dismantling the fund. This viewpoint shows a complete lack of respect for consumers and a lack of understanding about how to run an effective regulatory body. It's important to remember that the job of a regulatory body is to protect consumers, which goes to the very heart of why it's necessary to create IMMFUND as a subsidiary of CSIC. Further, the foundations of its very existence guarantee that the assets of the fund would not be used for CSIC operations.
If CSIC is not recognized as the regulator, the $1.2 million that CSIC members have already contributed will not be returned to them, but would instead be repatriated to the parent corporation to cover any costs associated with the wind-down of its operations. I don't have to tell you that this would leave consumers without any source of potential compensation for criminal acts perpetrated by CSIC members until a new fund could be established.
IMMFUND is just one of the ways that members of CSIC work together to protect the consumers of immigration consulting services while contributing to the integrity of the immigration system. I urge this committee to act on the recommendations that IMMFUND has presented to you today in the interests of consumer protection and the immigration system as a whole.
Thank you.