Canada rolls out immigration fraud penalties
Washington, Oct 29 (IANS/WISHAVWARTA) Canada has brought into force new monetary penalties for misconduct by paid immigration and citizenship representatives, with combined violations attracting penalties of up to C$1.5 million per notice.
The measures cover licensed consultants, lawyers and other authorised representatives, as well as people who charge for immigration or citizenship advice without authorisation, Immigration, Refugees and Citizenship Canada (IRCC) said on Wednesday (local time).
The rules also apply to representatives operating outside Canada. IRCC said it would issue penalties and publish details of misconduct regardless of where the person providing paid advice or representation was located.
The department listed baseline penalties of C$5,000 for unauthorised paid advice or representation and C$15,000 for knowingly providing false or misleading information on an applicant’s behalf, or helping an applicant do so.
Actual amounts depend on the violation, its consequences, any financial advantage and previous violations, according to the department’s guidance. Additional penalties may apply when false or misleading information results in an application being approved.
“Anyone hoping to build a future in Canada deserves access to trustworthy and accurate immigration and citizenship advice,” Immigration Minister Lena Metlege Diab said.
The minister said the measures were intended to protect applicants from fraud and misconduct while holding representatives accountable. She added that most people providing paid advice and representation followed the rules.
IRCC said the regulations applied only to misconduct occurring after they came into force. Wednesday’s announcement did not identify any individual already penalised under the new system.
The department plans to publish the names of those penalised and details of their violations on its website. An online registry is expected to launch in 2027, after the first penalties have been administered.
The registry will include the representative’s name, business or employer, the type of violation, the penalty amount and whether it has been paid, according to the guidance.
Officials can begin inspecting documents when they have reasonable grounds to suspect a breach. Failure to comply with a requirement to produce relevant documents carries a baseline penalty of C$10,000, which can be adjusted according to previous violations.
The guidance includes protections for information covered by legal privilege or professional secrecy. Representatives unable to defend themselves without disclosing protected information can submit an affidavit explaining that limitation.
Before a final notice of violation, a representative may receive a preliminary notice setting out the allegations and proposed monetary penalty. Recipients have 30 days to respond in writing or request an extension.
After considering the response, officials may issue a notice of violation if they determine, on a balance of probabilities, that the rules were broken. A recipient can request a review of the finding, the penalty, or both within 30 days.
The reviewer can conclude that no violation occurred, uphold the penalty or change its amount. The resulting decision must provide reasons and information about the right to seek judicial review.
IRCC urged applicants to verify a representative’s authorisation before paying. Its public guidance directs clients to the College of Immigration and Citizenship Consultants and relevant Canadian legal regulators to check professional standing.
