Evidence of meeting #59 for Citizenship and Immigration in the 42nd Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was consultant.
A recording is available from Parliament.
Regulated Canadian Immigration Consultant, As an Individual
In the immigration field, all people whose work concerns section 91 should operate under a regulatory body.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
That's the question I have. There are consultants who are completely outside the jurisdiction, people in different countries. There are foreign consultants who are retained by Canadian consultants, and then there are the consultants who simply do work in this country.
On the issue of fraud—which I think is in the area of what Mrs. Zahid was talking about—obviously, if there is immigration fraud that can be proven, we have jurisdiction over those who are in this country. Then we get to the next level, where a Canadian consultant hires a consultant in China, for example. Do we have jurisdiction? Does this country have jurisdiction to deal with that type of fraud, where someone is retained in another country?
Regulated Canadian Immigration Consultant, As an Individual
Is a Chinese consultant a regulated Canadian immigration consultant?
Regulated Canadian Immigration Consultant, As an Individual
Therefore, the consultant must comply with the professional code, the code of conduct, all the organization's rules, and obviously, the Immigration and Refugee Protection Act.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
Can they be charged with immigration fraud, Mr. Kewley?
Retired Royal Canadian Mounted Police, As an Individual
If there is evidence to support that the consultant in Canada cohorted with the individual or consultant or whoever it is overseas and that an illegal act took place, then that consultant can be held accountable here in Canada. The consultant can be, because his practice—
Conservative
David Tilson Conservative Dufferin—Caledon, ON
A Canadian consultant can be, but do we have jurisdiction over, for example, a Chinese consultant?
Retired Royal Canadian Mounted Police, As an Individual
What we've been doing, because we have that case—that happens on more than one occasion—is to work with the client or the victims and have them go to the local authorities. Now, I realize that in some countries that's a waste of time, maybe, or intimidating, but we have to follow procedure. Also, when we deal with CBSA on it, they have an overseas database in which they keep all the information we provide them from these people from overseas. It goes out to the various visa offices, and what they do then is keep a record, and if the name keeps surfacing, then they blacklist the name, or whatever process they have—I'm not sure, but they do something. We are attempting to do as much as we can.
Conservative
Retired Royal Canadian Mounted Police, As an Individual
No. We have no jurisdiction outside of Canada.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
Mr. Kewley, hold just a second. Do we have jurisdiction over a consultant in a foreign country who commits immigration fraud?
Retired Royal Canadian Mounted Police, As an Individual
If he's a regulated immigration consultant, yes we do.
Conservative
Retired Royal Canadian Mounted Police, As an Individual
It could be a number of things. Taking money and failing to provide service is one example. Falsifying documents to obtain money or whatever is another. There could be lots of ways.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
Madame Fortin, how many ghost consultants are there? It's probably an impossible question, but let's try it anyway.
Regulated Canadian Immigration Consultant, As an Individual
I don't think they're ghost consultants. They're unauthorized representatives.
Regulated Canadian Immigration Consultant, As an Individual
Unauthorized representatives may be anywhere. There may be some here at the table. It's an ongoing issue.
Regulated Canadian Immigration Consultant, As an Individual
I'll provide an example to show that it's an ongoing issue. Someone in a basement in Russia can be an unauthorized representative. There are also some in Canada. I think settlement agencies that provide immigration advice, and that say they provide free services, when they receive millions of dollars from the government, are unauthorized representatives.
Conservative
Liberal
