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.