House of Commons Hansard #43 of the 35th Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was amendment.

Topics

Canadian Human Rights ActGovernment Orders

5:10 p.m.

The Deputy Speaker

All those in favour of the amendment will please say yea.

Canadian Human Rights ActGovernment Orders

5:10 p.m.

Some hon. members

Yea.

Canadian Human Rights ActGovernment Orders

5:10 p.m.

The Deputy Speaker

All those opposed will please say nay.

Canadian Human Rights ActGovernment Orders

5:10 p.m.

Some hon. members

Nay.

Canadian Human Rights ActGovernment Orders

5:10 p.m.

The Deputy Speaker

In my opinion the nays have it.

And more than five members having risen:

Canadian Human Rights ActGovernment Orders

5:10 p.m.

The Deputy Speaker

Call in the members.

(The House divided on the amendment, which was negatived on the following division:)

Canadian Human Rights ActGovernment Orders

5:45 p.m.

The Deputy Speaker

I declare the amendment lost.

The next question is on the main motion. Is it the pleasure of the House to adopt the motion?

Canadian Human Rights ActGovernment Orders

5:45 p.m.

Some hon. members

Agreed.

Canadian Human Rights ActGovernment Orders

5:45 p.m.

Some hon. members

No.

Canadian Human Rights ActGovernment Orders

5:45 p.m.

The Deputy Speaker

All those in favour will please say yea.

Canadian Human Rights ActGovernment Orders

5:45 p.m.

Some hon. members

Yea.

Canadian Human Rights ActGovernment Orders

5:45 p.m.

The Deputy Speaker

All those opposed will please say nay.

Canadian Human Rights ActGovernment Orders

5:45 p.m.

Some hon. members

Nay.

Canadian Human Rights ActGovernment Orders

5:45 p.m.

The Deputy Speaker

In my opinion the yeas have it.

And more than five members having risen:

(The House divided on the motion, which was agreed to on the following division:)

Canadian Human Rights ActGovernment Orders

5:55 p.m.

The Deputy Speaker

I declare the motion carried.

(Motion agreed to, bill read the third time and passed.)

Immigration ConsultantsPrivate Members' Business

May 9th, 1996 / 6 p.m.

Liberal

John Cannis Liberal Scarborough Centre, ON

moved:

That, in the opinion of this House, the government should work and consult with the provinces to develop legislation which would set guidelines and licensing regulations to govern the business of immigration consultants.

Mr. Speaker, I begin by thanking members on both sides of the House who have indicated they would support my motion. I greatly appreciate their support. I urge all members of the House to consider supporting this well founded initiative.

Motion No. 29 is the first step in rectifying a problem which has existed for well over 20 years not only in Canada but outside the country. The problem is the complete lack of regulations governing immigration consultancy.

I will provide some background to those who may be unfamiliar with the immigration consultancy industry. Consultants provide assistance to immigrants, sponsor refugees and so on, on a variety of immigration matters. The services provided can range from simple advice such as how to fill out forms to arranging business ventures to meet business immigration requirements, to representing individuals before immigration tribunals.

Many consultants are former employees of the Department of Citizenship and Immigration or translators who worked on the Immigration and Refugee Board. There are even some former members of Parliament in the industry. A number of these consultants hold law degrees from their home country but are not licensed to practise in Canada.

Not all individuals operating in this industry are without ethics or morals. However, there are a number of immigration consultants who agree, as do I, that it is time to set up guidelines and licensing procedures in this industry.

The Organization of Professional Immigration Consultants, based in Toronto, represents a number of immigration consultants striving to promote an industry which demonstrates a high standard of integrity and competence. To this end they have appeared before the Standing Committee on Citizenship and Immigration to present their case. They stated their members do not represent the problem. The problem is with the people acting unscrupulously and illegally. These people are the ones who have been injurious to their clients and to the reputation of the government and the immigration profession at large.

I have heard various complaints from constituents and friends about immigration consultants. These complaints involve the incompetent delivery of services or incomplete non-performance. Other complaints involve exuberant fees charged to individuals. The worst complaints involve the absolute unrealistic promises made by certain consultants. These complaints amount to unethical behaviour and constitute outright fraud under the Criminal Code and the Immigration Act.

All one has to do to see evidence of unethical behaviour on the part of certain immigration consultants is read local newspapers. A Mississauga woman, posing as a lawyer specializing in immigration, defrauded her clients of upwards of $8,600. It was later reported she may have victimized up to 65 people who responded to her newspaper advertisements. She reportedly took down payments to represent individuals but never did any of the work as promised.

In other cases, a man working as an immigration consultant provided numerous clients with falsified letters of employment. People seeking to come to Canada receive additional consideration if they can prove they have a full time job waiting for them in Canada. This immigration consultant falsified documents and aided people in making false statements at immigration hearings outside the country.

This case highlights the increasing problem of unscrupulous immigration consultants operating abroad. One of the major problems we have today in the immigration industry is these people operating abroad and unfortunately causing problems in Canada.

When immigration or refugee claimants are counselled to lie and to cheat to achieve their goals, the integrity of the whole immigration system is being undermined.

At a time when public support for immigration process is at an all time low, this type of behaviour cannot and should not be tolerated. It is time to put in place strict guidelines to govern this industry.

The ninth report of the Standing Committee on Citizenship and Immigration supports the licensing and regulating of this industry, as do the law societies of Upper Canada and British Columbia.

The Law Society of British Columbia has stated that it is gravely concerned about the harm being done to immigration applicants by unscrupulous or incompetent consultants. British Columbia's attorney general has supported the committee's recommendation: "I think it is an idea that is long overdue".

The committee heard testimony that many immigration consultants have no test for competency for the practice, no code of conduct, no negligence insurance, no disciplinary procedures and no compensation funds for defrauded victims.

More important, there are no academic or experience requirements. Basically anyone can hang out a shingle in this industry. The immigration committee heard testimony that an immigration lawyer disbarred from the practice one day could conceivably set up shop as an immigration consultant the very next day. Unbelievable.

The number of immigration consultants acting without ethics or morals and taking advantage of vulnerable individuals is increasing at an alarming rate. I find the action of these consultants especially contemptuous. These consultants prey on unsuspecting vulnerable individuals who are in genuine need of help. The consultants may seem very knowledgeable to the individuals, a so-called Fred if you will, who will help them through the door. The promise they make sounds too good to be true, and often it is not true.

Because of the nature of immigration matters, the stakes can be very high. An individual or family could see this as their only hope. They are willing to pay large sums of money, sometimes their entire life savings, to achieve this goal. The unscrupulous consultants are very willing to take their money. Unfortunately the

majority of these consultants make promises knowing full well they cannot deliver.

Take the cases reported in Russia. Several consultants were charging $5,000 U.S. to assist individuals with their immigration matters. They made promises that their applications would be successful, knowing very well these individuals had no chance of ever being approved.

Not only were these consultants misleading honest individuals who only wanted to find a better life, they were knowingly assisting criminals who saw an opportunity in our country to increase their illegal empires. They would arrange their applications with all the right answers as well as set them up with business ventures in Canada, increasing their likelihood of getting a foot in the door.

All this action by unethical consultants impacts the ability of the Canadian immigration system to operate successfully and properly.

The immigration committee put forth many recommendations for the industry of immigration consultants. First and foremost were the immigration consultants to be licensed and regulated. The only thing left to decide is who should be overseeing the licensing of this industry.

Seeing that the committee concluded it would not be responsible or feasible to recommend the federal government set up a body to govern these consultants, where does that leave us? Either we approach the provinces to act on this or we allow the industry to be self-regulated. Unfortunately the provinces have been slow to act in this regard to immigration consultants.

Ontario has examined this issue in the past but unfortunately has declined to act on it. At present the provinces are investigating the option of licensing immigration consultants even though many believe now is the time to act.

I feel with the appropriate pressure and recommendations from the federal government and from the industry, the province may feel and be inclined to act on this issue immediately.

This is what I hope to achieve with this motion, to send a strong signal that we must take action today because it is necessary. The provinces have achieved jurisdiction over regulating various professions and trades to date but have been lax in this specific area, unfortunately

Failing action by the province, the only option left in this case is to have the industry regulate itself. A number of organizations now exist in Canada. The Organization of Professional Immigration Consultants is one. It has over 150 volunteer members in Ontario and British Columbia. It has also been asking for years for guidelines and licensing procedures to be put in place. It sees the need, the committee has recognized the need and our constituents have recognized the need also.

The organization fears the irresponsible actions of these few individuals acting improperly have certainly put a damper on the industry and its reputation. It would more than welcome strengthening rules and regulations being brought to this specific industry.

The Organization of Professional Immigration Consultants in Canada has its own code of ethics and rules and regulations, and members must abide by these rules.

As stated earlier, this is only a voluntary organization. Members join because they want to, not because they are required to. It would be irresponsible to think consultants who behave unethically would be willing to join this organization.

We need to urge the provinces to work with the federal government and these organizations to develop guidelines. The individuals who are registered with the organization would be able to operate within legal boundaries, within specific guidelines.

Why not mould the system after provincial law societies or the College of Physicians and Surgeons? These are systems in place now which work. They have specific rules and guidelines which govern their members in accordance with provincial laws. Individuals cannot operate in either of these industries without being members of the appropriate organization.

I was a human resource consultant prior to entering public life. I operated a business in Ontario and was required to be licensed by a governing body. I had to follow strict guidelines and regulations while in operation. In addition, I had to pay an annual fee to make sure I operated within the guidelines of the organization and the province. My clients had the right to register complaints with the appropriate body if they felt they had not been served to the best of my ability.

Why does this not apply to immigration consultants? I was constantly required to update my knowledge with appropriate courses available through various government or academic institutions. Again, this is not necessary for immigration consultants. I do not understand why.

Why are there no set fees so that when individuals approach these consultants they know up front what the costs will be? I am really saying let us make the system transparent.

I am only repeating questions which have been continuously asked of me by my constituents and friends. I have heard numerous tragic stories about individuals being taken advantage of by these consultants, stories of families being torn apart and of thousands of dollars lost. Unfortunately by the time these individuals come to

me it is too late for me to do anything. Sadly I have seen many instances in which the advice these individuals were seeking was so simple that all they had to do to obtain the information was pick up the phone and I am sure officials would have been able to answer their questions at no expense.

A few suggestions I would make are basically that individuals wishing to operate as immigration consultants be require to pay an annual fee and register under a governing body. The individual should be required to undertake training and/or complete appropriate examinations to prove he or she is competent and able to carry out the duties of an immigration consultant. Once becoming an immigration consultant an individual must answer for his or her actions to the governing body. These suggestions seem reasonable.

I also commend the Standing Committee on Citizenship and Immigration for its work on this specific issue. Its recommendations were long awaited. All we simply have to do now is act on them.

I am happy to report that just last week the Minister of Citizenship and Immigration released a response to the committee's report on immigration consultants. The minister very much supported many of the committee's recommendations, in particular the one recommending that the federal government work with the provinces on this issue.

The minister's response stated that the federal government will develop a comprehensive strategy to deal with this very serious issue. The response suggests that a consultative process be undertaken with the province and relevant organizations to explore the prospect of a self-regulating immigration consultancy industry.

Surely after all of these recommendations the provinces will see fit to act and act immediately. If not, we as a federal government and as representatives of our constituencies have a responsibility to work to bring about some type of regulatory process for this industry. Canada's good name and reputation depends on it. The integrity of the immigration process also depends on it. We can no longer allow this ongoing abuse of our immigration system to continue.

Yes, our country was built on immigration but with rules and policies set for and by this country based on this country's needs and commitments, not abused by what some money hungry immigration consultants say and do. One of the biggest problems we have found is people working abroad as immigration consultants who prepare these individuals who want to come to Canada. They mislead our officials here and when individuals submit their applications it is very difficult for our immigration officials not to accept them. We have to address that issue as well.

Today I am saying, and I speak on behalf of my constituents in Scarborough Centre and most of the people I have spoken with agree, that we have to address this issue. Unless we act now the situation can and will get worse.

I urge all members of the House to support this motion. I believe it will help get our immigration system on track where it should be.

Immigration ConsultantsPrivate Members' Business

6:15 p.m.

Bloc

Osvaldo Nunez Bloc Bourassa, QC

Mr. Speaker, I am pleased to take part in the debate on Motion M-29 presented February 27, 1996 by the member for Scarborough Centre, which reads as follows:

That, in the opinion of this House, the government should work and consult with the provinces to develop legislation which would set guidelines and licensing regulations to govern the business of immigration consultants.

I would like to congratulate the hon. member on this initiative, which gives us an opportunity to look at a serious problem in the field of immigration, the absence of regulations governing the business of immigration consultants.

I am in agreement with my colleague's general objective. I am not, however, in agreement with the wording as it stands, and for that reason I will propose an amendment later on.

The Standing Committee on Citizenship and Immigration, of which I am a vice-chairman, held consultations on this topic and tabled a report in this House in December, 1995.

Immigration consultants are people who are not members of a Bar, but who, for a fee, advise or represent people on immigration matters. They are not subject to any criterion of competence in the performance of their duties. They have no code of ethics, no malpractice insurance, no compensation fund for victims of fraud, no complaint mechanism, no disciplinary procedure for unethical behaviour or incompetence, and no education or experience requirements.

It must be pointed out that not all immigration consultants are incompetent or unscrupulous. Many of them are reliable, trustworthy individuals who serve their clients well. They provide valuable assistance to immigrants and refugees. They represent people before immigration tribunals, either at inquiries before adjudicators or at hearings before the Immigration and Refugee Board.

I am in favour of this motion's objective. We must recognize that there are significant problems related to the practice of immigra-

tion consultants and that some of them abuse the precarious situation in which their clients find themselves.

Their immigrant clientele must be protected. A number of measures are possible to ensure this. The standing committee, moreover, has recommended that these measures be adopted by the government. For example: increase the quality and quantity of information available to immigrants on the immigration process; publicize free services available to immigrants; warn immigrants against certain practices; publish a scale of reasonable rates for basic services; provide information abroad in the local language; advise applicants in their own language that their case will not be processed more quickly because they have used the services of a consultant; advise immigrants who have used the services of consultants known to be unscrupulous to refuse these people access to Canadian offices abroad.

Until now, the only section in the Immigration Act dealing with consultants is section 30, which reads as follows: "Every person with respect to whom an inquiry is to be held shall be informed that that person has the right to obtain the services of a barrister, solicitor or other counsel and to be represented by counsel at the inquiry and shall be given a reasonable opportunity, if that person so desires and at his own expense, to obtain counsel".

We wonder whether this section would not make it possible to question the validity of a regulation limiting access to counsel of one's choice. Under paragraph 114(1)(v) of this legislation, which accords the government regulatory power, the majority report of the committee proposes giving professional bodies the authority to regulate immigration consultants appearing as counsel before federal immigration tribunals.

I should point out that the establishment of a professional body for all of Canada under the legal provisions mentioned is not in keeping with provincial jurisdiction over the management of professions. This is why we prepared a dissenting report in 1995 and why today we are submitting an amendment to Motion No. M-29.

We consider that Quebec has proven itself in the area of professional bodies and is capable of determining the relevance of establishing an association of immigration consultants. The professions are governed in Quebec by the Code des professions and by 22 other laws of all sorts. The Quebec professions board has for 20 years managed a system that has unanimous approval, that is effective, that properly protects the public and that, to its credit, is not a financial drain on the government.

The members of the Bloc Quebecois put their faith in Quebec practices that have proven their mettle. The Government of Quebec has already gone some distance to managing the practice of immigration consultant. It has established departmental directives and service procedures to guide relations between the government and immigration consultants.

We recognize, however, that the federal government must first inform and sensitize the provinces to ensure that they are aware that the present situation may lead to abuse of all sorts of a vulnerable clientele. Furthermore, a few unscrupulous consultants tarnish the reputation of the many very professional people.

Second, once the federal government has itself put in place all the measures necessary to better inform immigrants using the services of a consultant, it could contemplate with the provinces the possibility of their creating professional bodies.

The Bloc Quebecois supports the motion in principle. However, it considers that the establishment of professional bodies is a provincial matter. It is therefore up to them to act if they deem it appropriate.

Mr. Speaker, I move the following amendment:

That the motion be amended by replacing the words "work and consult with the provinces to develop legislation which would set" with the following:

"inform the provinces of the problems related to the services of immigration consultants and work with them in their development of".

The final text would read as follows:

That, in the opinion of this House, the government should inform the provinces of the problems related to the services of immigration consultants and work with them in their development of legislation that would set guidelines and licensing regulations to govern the businesses of immigration consultants.

Immigration ConsultantsPrivate Members' Business

6:25 p.m.

Reform

Val Meredith Reform Surrey—White Rock—South Langley, BC

Mr. Speaker, it is my pleasure to speak on this motion.

I sat on the immigration committee which dealt with immigration consultants. It was interesting to hear the testimony from various witnesses. We heard from people who used the services, who saw the need to have immigration consultants and realized the level of commitment that many immigration consultants have. We also heard from witnesses who reported instances showing that there was abuse, that there were consultants who perhaps did not have the necessary skills, that there were consultants who were misrepresenting Canadian law and were putting people's lives in jeopardy by misrepresenting the situation as they found it. We heard of problems which occurred overseas and problems which occurred here in Canada.

One of the things the committee decided was that there was a need for some way to regulate, license and control these consultants to make them accountable. The committee also felt the department of immigration could do some things. For example, it could provide information in people's own languages. It could explain what Canadian law was, what immigration regulations

were all about, what was required. It could also explain that people did not need to hire a consultant.

In some countries government officials are not considered to be trustworthy and there is a hesitancy by individuals to have government representatives deal with their applications. Therefore, there is a need for immigration consultants. The committee recognized that and recommended that there be some level of licensing and some level of control.

This motion takes it to the next stage by saying that all immigration consultants should be licensed and controlled and that there is a need to enter into negotiations with provinces and the federal government to come up with some means of regulating and licensing these individuals.

In my previous life I was a realtor. I know from experience that provincial boards can be established through provincial legislation. These boards can license and monitor people who provide services to the community. These boards can be self-regulating and self-financing. The membership fees can cover the costs of these organizations. Therefore I do not feel that this motion is being unrealistic.

Medical doctors through their colleges have that kind of control. Lawyers through bar associations have that kind of control. Realtors have that kind of control. There is no reason that immigration consultants could not have the same kind of committee or board structure at the provincial level which would allow this kind of management.

People have asked: Why do we need to have these controls? Why can it not be buyer beware? Why not let the immigrants make the decision as to whom they want to hire? It is fine to put the onus on the consumer to pick the best choice. There is no question about that.

However, we need to offer some protection to people who may have a language problem or who may have a fear of persons in authority. That protection could be offered through a regulatory body at a provincial level which would be self-disciplined, self-regulated and self-financed. I will explain what this kind of board could do.

Not only could the board license individuals, but there could be some kind of testing of the individual's competence to provide the services. It could offer a vehicle for people who complain about the services they acquire from consultants. It could be a place an individual could go if they felt they were charged too much for a service.

The board could establish a proper fee or a fee which would be reasonable for certain kinds of procedures. The board could provide disciplinary measures for those individuals who overstep the guidelines, who overstep the laws of the land and who misrepresent the Canadian immigration department. This organization could provide the necessary disciplinary action to control people who hold themselves out as immigration consultants.

The board could provide some kind of financial responsibility. It could collect fees from people who want to be immigration consultants. It could distribute educational material. It could distribute changes in legislation to all those who provide the service. In other words, it could act as an administrative body to ensure that people who are acting in that capacity are all operating at the same level, or at least at an acceptable level to the organization.

The motion is not something which is impossible to reach or impossible to establish. I believe there would be a reluctance on the part of the provinces to get involved in this kind of thing. Unfortunately the licensing of businesses does come under provincial jurisdiction. However, if the provinces could understand that they would not be required financially to establish these boards or regulatory bodies they might be more willing to consider this as an option.

The committee found that the federal government could only do this on its own in a limited way. The federal government is not in a position to establish this kind of regulatory body. It can deal only with those tribunals over which it has control.

I believe the motion is sound and reasonable. I have no problem in supporting the hon. member in his effort to deal with this very serious problem in Canada.

Immigration ConsultantsPrivate Members' Business

6:30 p.m.

The Deputy Speaker

The amendment proposed by the member for Bourassa is in order.

Immigration ConsultantsPrivate Members' Business

6:30 p.m.

Liberal

Stan Dromisky Liberal Thunder Bay—Atikokan, ON

Mr. Speaker, it is my pleasure to speak to Motion No. 29, proposed by the hon. member for Scarborough Centre. This motion proposes that the government work and consult with the provinces to develop legislation which would set guidelines and licensing regulations to govern the business of immigration consultants.

Immigration consultants can play an important role in the immigration process. They typically provide advice to those immigrants who require specialized advice such as how to invest money in Canada, transfer their businesses to their new home, sponsor their parents or help bring an orphaned relative to Canada. In any of these cases they may want the help of an immigration specialist.

Many new immigrants turn to consultants because they are typically people who have practical experience in the area. They

may be former civil servants, paralegals or community activists. They may have experience in processing immigration applications and advising new immigrants, and sometimes they base their qualifications on their own experiences as immigrants.

Unfortunately there have been numerous complaints about potential criminal practices and unethical behaviour on the part of immigration consultants over recent years. Consultants have a great impact on the lives of recent immigrants. Immigrants can lose money, their businesses and even their resident status because of missteps and misstatements of inexperienced or dishonest consultants. They can be the victims of unscrupulous individuals who make extravagant promises for extravagant fees.

These types of problems could in part be alleviated by addressing certain deficiencies in the industry. These deficiencies include the absence of tests of competency for practice, a code of conduct, negligence insurance, a formal complaint mechanism, and a disciplinary procedure to deal with incompetent or unscrupulous consultants. There are many ways in which the public remains unprotected.

In spite of the cases of fraud, it would be completely unfair to brand all consultants as untrustworthy. Most consultants are ethical and provide good services. Nonetheless, because of problems in this industry a parliamentary House of Commons subcommittee was set up to investigate the issue of immigration consultants.

As a member of the Standing Committee on Citizenship and Immigration I had the pleasure of being on this subcommittee. This subcommittee was established out of concern for the vulnerability of immigrants and others. The goals of the subcommittee were to examine the problems posed by the complete absence of regulation of immigration consultants and to recommend solutions to the Government of Canada.

A variety of witnesses appeared before the subcommittee, including immigration lawyers and their organizations, representatives from provincial law societies, representatives from non-governmental associations, government and refugee board officials and, last but not least, immigration consultants themselves.

The subcommittee's report clearly recommended licensing was an avenue that should be pursued in order to address the problems in the immigration consultant industry. However, the report also highlighted the need to consult with the closest voices to a potential immigrant's ear: church groups, immigrant service organizations and refugee advocacy groups.

These groups deal with new immigrants on a daily basis and they know the nature of the challenges immigrants face. They hold the newcomer's best interests at heart, which is why it is important to consult with these groups, to listen to their opinions and search for new ideas on how to deal with problems facing the immigration industry.

The problem of completely unregulated immigration consultants has existed for over 20 years. Over this time no concrete action has been taken at any level of government. Licensing of immigration consultants under the current provisions of the Immigration Act would certainly help to correct existing problems in this area.

I support the intent behind this motion. However, I believe that all stakeholders in the system who have not been consulted will have the opportunity before we as a government introduce any new legislation.

Once again, while regulation is an important option to consider, consultation is also important. This will allow for other potential options to be explored and developed. We cannot close off these options. Rest assured the federal government is moving ahead in this area.

In closing, I would like to congratulate the hon. member for Scarborough Centre for his thoughtful motion. He is doing a great service to prospective Canadians by bringing this important issue to the forefront. I am confident his suggestions will be acted upon in due course with dedication and diligence by those concerned.

Immigration ConsultantsPrivate Members' Business

6:40 p.m.

Liberal

John Finlay Liberal Oxford, ON

Mr. Speaker, it is a pleasure to rise and support the motion presented by the member for Scarborough Centre which is a votable motion.

The main purpose of the motion is to inform the House and Canadians that problems exist in the immigration consulting industry. Without reading all of them, I think most of us have seen the kind of stories which arise regularly in our daily newspapers. It is time we did something about them.

"Phoney immigration consultants bilk Russians desperate to start new life in Canada", stated in the Ottawa Citizen . The Ottawa Sun : Negligence, fraud alleged in immigration business''. The Law Society of British Columbia:Let immigrants choose''. Immigration advisor denies telling client to claim soldiers raped her''.Immigration specialist admits fraud''.

This is a little item from the Toronto Star dated December 6, 1995 under the heading Darts and Laurels''. It gives a laurel wreath to the immigration committee for recommending the regulation of immigration consultants:With no professional standards, some consultants end up taking advantage of vulnerable refugee applicants and immigrants''. According to the Canadian Press news agency, a draft report by the House of Commons immigration committee says consultants who charge fees should be licensed by a professional body which in turn should establish minimum standards, a code of conduct, continuing education

programs, a complaints procedure and a compensation fund for defrauded victims".

My colleagues who have already spoken to this motion today would agree with all those statements. A large number of these consultants apparently charge exorbitant fees to assist immigrants or potential immigrants to gain access to Canada. Some have no training or expertise with the immigration process and tend to make claims to new immigrants that they cannot deliver on.

Unscrupulous consultants are tarnishing the image of all immigration consultants by their actions. They often counsel people from outside the country who for one reason or another would normally be denied immediately from immigrating. These consultants set up stumbling blocks for our own immigration officials. They prep their clients on what to say, when to say it and how to manipulate the system. This has only added in recent years to the increasing lack of confidence by Canadians in our own immigration system.

It is my feeling that immigration consultants should attain and approve a basic level of knowledge and training before they are permitted to operate in Canada. Through consultation with the provinces, national guidelines could be established to protect new Canadians from unscrupulous consultants.

I realize, as other members have said, that this is a provincial area of responsibility. Provinces deal with the licensing of businesses, industries and professional organizations within their jurisdiction. Therefore, as the mover of this motion said, we must exert some pressure on the provinces in order that they provide the kind of security, safety and regulation for our immigrants. Apparently there are very few provincial requirements for licensing, no bonding prerequisites and no rules and regulations to govern these consultants.

Many MPs are immigrants themselves. I am one. All of us know what it means to be a Canadian. It is really unconscionable that some Canadians and others are taking advantage of our potential immigrants' desire to move to our country by charging huge fees, often misleading them into believing that they will qualify easily when there are hurdles to be considered.

It does our reputation abroad no good. It does the immigration and citizenship department no good with respect to the citizens of this country. We have heard quite enough complaints, a good number of which may have been generated by just such unscrupulous consultants.

I hope that the House will support this motion. We would get some action with the provinces on this problem. I note that they have been slow to act. There has been pressure, but obviously not enough.

Every province has rules concerning professional organizations be they accountants, lawyers, teachers, doctors or paramedics or consultants of various kinds. Certainly this is an area that cries out for some reasonable legislation.

I want to commend the remarks of the member for Bourassa who indicated that in the province of Quebec there are some 22 bills that govern some of these matters. A professional organization there has helped. Since immigration is now a provincial matter, we might well take a lesson from our sister province, Quebec.

I also want to agree with the member for Surrey-White Rock-South Langley who pointed out that immigrants often suffer from a language barrier. They may have come from a country where authority is a fearful thing. They have concerns about their children, their loved ones or the family that they may be leaving behind. They need to meet someone who exemplifies the qualities for which this country stands, not someone who is out to take the shirt off their back and leave them destitute.

We need a regulatory body. I agree with my colleague's remarks that it must do more than simply licence and collect a fee. It must provide some education. It must provide some ongoing professional development and training as these bodies normally do.

In conclusion, I believe the mover of the motion, and I think all others who have spoken in support of it, would accept the amendment. I would accept the amendment proposed by the member for Bourassa that the motion be amended by replacing the words, "work and consult with the provinces to develop legislation that would set" with:

That, in the opinion of this House, the government should inform the provinces of the problems related to the services of immigration consultants and work with them in their development of legislation that would set guidelines and licensing regulations to govern the businesses of immigration consultants.

Immigration ConsultantsPrivate Members' Business

6:45 p.m.

The Deputy Speaker

I understand that the member for Oxford has basically moved the same amendment as the member for Bourassa.

Immigration ConsultantsPrivate Members' Business

6:45 p.m.

Liberal

John Finlay Liberal Oxford, ON

I simply indicated my agreement with the amendment.

Immigration ConsultantsPrivate Members' Business

6:45 p.m.

The Deputy Speaker

Accordingly, as there is nobody else rising to speak, the member for Scarborough Centre may be permitted to wrap up the debate.

Immigration ConsultantsPrivate Members' Business

6:45 p.m.

Liberal

John Cannis Liberal Scarborough Centre, ON

Mr. Speaker, first let me say that I agree with the amendment. It was part of my motion. I would like to take this opportunity to thank you and my colleagues on both sides of the House who spoke on the amendment. It is an issue that is very important. It has to be addressed now for the various reasons that were covered by all the speakers. It is an issue where family members wishing to join family members sometimes get abused.

I have met immigration consultants who are very ethical people, who do an excellent job and provide the right kind of service. However, I have heard of many cases where people have been abused and tremendous amounts of money have been spent.

This is an issue that has to be addressed today. Hopefully with the co-operation of the provinces we will be able to develop a transparent system, a fair system, a system that serves our country the way it should.