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Citizenship and Immigration committee Thank you, Minister. In terms of section 91, which sets out the requirement, it is around immigration advice or representation. That would be actually advising on someone's application or representing them in their application before us or before tribunals such as the Immigratio
May 6th, 2019Committee meeting
Natasha Kim
Citizenship and Immigration committee In our view, we would likely believe that does constitute advice if you're trying to provide advice on a certain outcome, rather than, for example, transcribing within a form or translating—
May 6th, 2019Committee meeting
Natasha Kim
Citizenship and Immigration committee It would depend on which recourse was at issue at that moment.
May 6th, 2019Committee meeting
Natasha Kim
Citizenship and Immigration committee Perhaps I can elaborate on my earlier comments where the actual requirement around the prohibition on giving advice or representation on an immigration application, that's set out in section 91 of the Immigration and Refugee Protection Act—
May 6th, 2019Committee meeting
Natasha Kim
Citizenship and Immigration committee There would be an elaboration of that, for example, in our program delivery instructions. We also regularly engage and work with non-governmental organizations or service delivery providers, settlement-providing organizations, to actually provide more clarification on the paramet
May 6th, 2019Committee meeting
Natasha Kim
Citizenship and Immigration committee Absolutely: they would still have the normal recourse that they currently have available.
May 6th, 2019Committee meeting
Natasha Kim
Citizenship and Immigration committee Madam Chair, the act sets out that there would be a bylaw authority to establish that so that it could be addressed, similar to law societies.
May 6th, 2019Committee meeting
Natasha Kim
Citizenship and Immigration committee There would be the authority to establish tiered licensing. Essentially, tiered licensing is establishing tiers for those practising, both in terms of eligibility requirements and the scope of practice. For example, someone may have a limited scope of practice to advise on inter
May 6th, 2019Committee meeting
Natasha Kim
Citizenship and Immigration committee That would also be set with bylaws, by the board, which would encompass both public interest directors appointed by the minister as well as elected members. The board would set up the bylaws that would establish the conditions for someone's licence, which might include, for examp
May 6th, 2019Committee meeting
Natasha Kim
Citizenship and Immigration committee Under the bill, in what we expect to be the code of conduct, we expect there will be obligations to abide by bylaws or conditions of your licence or qualifications in order to be practising as a consultant. For example, if you're not abiding by those things, there could be conseq
May 6th, 2019Committee meeting
Natasha Kim
Citizenship and Immigration committee Yes. I would add that the disciplinary committee's decisions also would be published so that others could know about it.
May 6th, 2019Committee meeting
Natasha Kim
Citizenship and Immigration committee I think I would underscore that fundamentally, this is quite a different governance regime compared to the status quo. Currently, the regulator is set up under the Canada Not-for-profit Corporations Act, as someone alluded to earlier, which is essentially a generic governance fra
May 6th, 2019Committee meeting
Natasha Kim
Citizenship and Immigration committee Certainly subsection 43(1) does specify that it's the minister, and that any further changes proposed by the board would have to be approved by the minister. The code of conduct is not set out in the statute, because that would require legislative amendment every time it needed
May 6th, 2019Committee meeting
Natasha Kim
Citizenship and Immigration committee The definition under section 91 of IRPA would not change. Who is allowed to provide that advice would change, obviously, once the new college is fully established. I don't have it in front of me. I believe it says “for consideration”, so it doesn't speak to fees, necessarily, but
May 6th, 2019Committee meeting
Natasha Kim
Citizenship and Immigration committee I would add there's an infinite number of fact scenarios. If a non-profit is receiving funding in some way to provide those services, then that would be for consideration.
May 6th, 2019Committee meeting
Natasha Kim