Bill C-35

SUMMARY

This enactment amends the Immigration and Refugee Protection Act to change the manner of regulating third parties in immigration processes. Among other things it

(a) creates a new offence by extending the prohibition against representing or advising persons for consideration — or offering to do so — to all stages in connection with a proceeding or application under that Act, including before a proceeding has been commenced or an application has been made, and provides for penalties in case of contravention;

(b) exempts from the prohibition

(i) members of a provincial law society or notaries of the Chambre des notaires du Québec, and students-at-law acting under their supervision,

(ii) any other members of a provincial law society or the Chambre des notaires du Québec, including a paralegal,

(iii) members of a body designated by the Minister of Citizenship and Immigration, and

(iv) entities, and persons acting on the entities’ behalf, acting in accordance with an agreement or arrangement with Her Majesty in right of Canada;

(c) extends the time for instituting certain proceedings by way of summary conviction from six months to 10 years;

(d) gives the Minister of Citizenship and Immigration the power to make transitional regulations in relation to the designation or revocation by the Minister of a body;

(e) provides for oversight by that Minister of a designated body through regulations requiring the body to provide information to allow the Minister to determine whether it governs its members in the public interest; and

(f) facilitates information sharing with regulatory bodies regarding the professional and ethical conduct of their members.