cover image: Re: Proposed Amendment to Section 91 of the Immigration and Refugee Protection Act Background on IRPA Section 91

20.500.12592/d5rhbt

Re: Proposed Amendment to Section 91 of the Immigration and Refugee Protection Act Background on IRPA Section 91

17 Dec 2021

The CBA Section takes the position that only lawyers should be authorized to practice immigration law, and non lawyers (including consultants and paralegals) should be required to work under the supervision of lawyers.1 Since the government has decided to allow consultants to continue to practice independently, we appreciate the efforts to ensure adequate training. [...] The categories of authorized persons include lawyers who are members in good standing of a provincial or territorial law society and “any other member in good standing of a law society of a province or the Chambre des notaires du Québec, including a 1 CBA Resolution 20-06-A, Protecting the Public from the Practice of Immigration Law by Immigration Consultants; CBA Section submission on Immigration. [...] 91(2)(b).4 The amendment to include paralegals was introduced on the last day of the House of Commons Citizenship and Immigration Committee’s consideration of the Bill, after a presentation by the Law Society of Upper Canada. [...] Stricter Regulation of Immigration Consultants The federal government has sought to strengthen the regulation of immigration consultants following a study of the deficiencies in the regulatory and disciplinary frameworks governing immigration consultants and paralegals.14 The federal government established a new regulatory regime for immigration consultants in Canada through the College of Immigra. [...] The paralegal encouraged other paralegals to do the same, despite the fact that LSO has restricted the scope of practice for paralegals in immigration matters to matters before the IRB.26 The CBA Section is concerned that a paralegal could successfully register to the IRCC Authorized Paid Representative portal, because they do not fall under the definition of authorized paid representatives.27 One.

Authors

Anna Kuranicheva

Pages
6
Published in
Canada