Understanding the Roles of Immigration Practitioners in Canada

Matilda, a British woman in her 40s, dreams of starting fresh in Canada. Feeling overwhelmed by the complex process, she wonders if immigration practitioners can help. Determined, she starts researching her options. Should she call a Canadian lawyer, an RCIC, or a notary public in Quebec? Each option offers unique expertise. Curious and hopeful, Matilda picks up the phone, believing the right immigration practitioner could change her life forever.

Section 91 of the Immigration and Refugee Protection Act (IRPA)

Section 91 of the Immigration and Refugee Protection Act (IRPA) outlines who can represent or advise individuals in immigration matters for a fee. This section ensures applicants receive advice from qualified professionals. According to Section 91, the following practitioners qualify to offer immigration advice.

First, lawyers and notaries must be members in good standing of a provincial law society or the Chambre des notaires du Québec. Additionally, other members in good standing of a law society, including paralegals, can provide services. Furthermore, members in good standing of the College of Immigration and Citizenship Consultants (CICC) qualify.

Importantly, students-at-law can also offer advice. However, they must work under the supervision of a qualified lawyer or notary. This regulation protects the integrity of Canada’s immigration system and ensures reliable, professional advice for applicants. Consequently, if a person offers you a visa or immigration advice without a licence or if they represent you to the immigration authorities, they could face up to $200,000 in fines or up to two years in prison or both (see A91(9)). Beware of unauthorized practitioners!

Legitimate Immigration Practitioners in Canada

Canada’s immigration system allows various qualified professionals to offer assistance and representation. Below is a brief overview of each legitimate immigration practitioner:

Regulated International Student Immigration Advisors (RISIA):

• RISIAs specialize in advising international students. They are employees of educational institutions.
• They are members of CICC.
• RISIAs help only with study permits, visa applications, and related student immigration issues.

Ontario Paralegals:

• Paralegals in Ontario offer legal services, including immigration matters.
• They can represent clients only to the Immigration and Refugee Board (IRB). However, due to limitations imposed by the Law Society of Ontario (LSO), they may not represent you to the immigration authorities.
• They are members of the LSO.

Regulated Canadian Immigration Consultants (RCIC):

• RCICs provide comprehensive immigration services.
• They handle visa applications, study and work permits, permanent residency, and citizenship. However, they may not represent you in the IRB or Federal Court. Moreover, they may face limitations in some provincial immigration options.
• The CICC regulates them.

RCICs with IRB certification (RCIC-IRB):

• RCIC-IRBs represent clients before the IRB. Moreover, they can offer all the services RCICs can offer.
• They manage complex cases like refugee claims and appeals.
• While RCIC-IRBs are members of CICC, they must pass an additional certification exam.

Notaries in Quebec:

• Quebec notaries manage non-contentious legal matters.
• They assist with immigration document preparation and legal advice.
• They are regulated by the Chambre des notaires du Québec.

Immigration Consultants in Quebec:

• These consultants are authorized by Quebec provincial law.
• When a person is an RCIC and a Quebec Consultant, they may offer immigration services both Federally and in Quebec.

Students-at-Law:

• Students-at-law offer immigration advice under supervision.
• They work under qualified lawyers or notaries.
• They assist with immigration matters as part of their training.

Canadian Lawyers:

• Canadian lawyers offer full legal representation in immigration cases.
• They can represent clients in court and before administrative bodies.
• They are members of a provincial or territorial law society.

These professionals ensure applicants receive proper guidance throughout their immigration process, maintaining the integrity and reliability of Canada’s immigration system.

Unauthorized Immigration Practitioners

Unauthorized immigration practitioners offer immigration advice or representation without proper authorization. They are not members of any regulatory body like the CICC, a Canadian law society, or the Chambre des notaires du Québec. These individuals often lack the necessary qualifications and oversight.

How to Identify Unauthorized Practitioners

1. Stealthy Behavior: They often act secretively and avoid official channels.
2. Lack of Credentials: They do not show membership in regulatory bodies.
3. No Authorized Representative Portal: They avoid using it on the Authorized Representative Portals.
4. Unprofessional Practices: They may use high-pressure tactics or guarantee success. Moreover, they may forge documents or not share the submitted package with you.

Consequences of Using Unauthorized Practitioners

1. Financial Abuse: You may lose money without receiving proper services.
2. Misrepresentation Issues: They might provide incorrect information, leading to misrepresentation. Consequently, you could face inadmissibility to Canada and even encounter legal trouble.

Using unauthorized practitioners can jeopardize your immigration process. Always verify your representative’s credentials on official regulatory websites.

How to Locate Legitimate Practitioners

The following links could assist in locating legitimate practitioners:

• Regulated Canadian Immigration Consultants (RCICs, RISIAs, and RCIC-IRBs) – CICC
• Quebec consultants
• Quebec notary publics
• Provincial bar associations (for provincial lawyers)
  • Ontario (both lawyers and paralegals)
  • British Columbia
  • Quebec
  • Alberta
  • Saskatchewan
  • Manitoba
  • Newfoundland and Labrador
  • Prince Edward Island
  • Nova Scotia
  • New Brunswick
• Territorial law societies (for territorial lawyers)
  • Yukon
  • Northwest Territories
  • Nunavut

Let Me Help!

I am an RCIC-IRB. I received my license in Jan 2011 and have assisted clients from 55+ countries. Moreover, I am an adjunct professor at Queen’s University Law School and a best-selling author in the field of immigration law on amazon.ca. Please book a consultation session, and I’ll explore your options. Alternatively, you may fill out the following form to contact our team.