College of Immigration and Citizenship Consultants Regulations

College of Immigration and Citizenship Consultants Regulations Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, makes the annexed College of Immigration and Citizenship Consultants Regulations under subsections 81(1) and (2)a and section 88 of the College of Immigration and Citizenship Consultants Actb. S.C. 2023, c. 26, s. 297 S.C. 2019, c. 29, s. 292 Definitions The following definitions apply in these Regulations. Act means the College of Immigration and Citizenship Consultants Act. (Loi) dishonest act means any of the following acts committed by a licensee: theft, fraud or the misappropriation of funds; knowingly failing to report a claim to their professional liability insurer, failing to do so in a timely manner or knowingly failing to cooperate with the insurer; in connection with an application or proceeding under the Citizenship Act, with the submission of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act or with a proceeding or application under that Act, knowingly providing false or misleading information or advising an individual to provide such information. (acte malhonnête) working day means a day that is not a Saturday or a holiday. (jour ouvrable) Management of compensation fund The compensation fund referred to in section 13 of the Act is to be separate from any other fund or account held by the College. Financing of compensation fund In addition to any amount paid into the compensation fund under subsection 69(7) of the Act, the fund is composed of the following amounts: any contribution included in the annual fee that is to be paid, for the purpose of financing the fund, by licensees, as well as any other fee that is to be paid to the College by licensees for the purpose of financing the fund; any amount recovered from a licensee to reimburse the fund under section 6; any amount recovered from an insurer to reimburse the fund under section 7; interest accrued on the amounts held by the fund; and any other amount the College assigns to the fund. Administration costs Costs related to the administration of the fund are to be paid by the College. Compensation due to dishonest act An individual who suffers financial loss due to a dishonest act that is committed on or after November 23, 2021 may be eligible for compensation if at the time when the dishonest act was committed, the individual had entered into a consultation or service agreement with the licensee with respect to immigration or citizenship, or reasonably concluded that the licensee had agreed to provide immigration or citizenship consulting services to them; and the individual did not voluntarily participate in or contribute to the dishonest act. Application not required If a dishonest act is the subject of a decision of the Discipline Committee made on or after the day on which these Regulations come into force and the amount of financial loss suffered is determined in that decision, no application for compensation is required, and the College must notify the individual that they may be eligible for compensation. Application required However, an individual must submit an application for compensation to the College in the following cases: the Discipline Committee made, on or after the day on which these Regulations come into force, a decision finding that the licensee committed a dishonest act, but the licensee’s failure to cooperate prevented the Committee from determining the amount of financial loss suffered; or as a result of the revocation of the licensee’s licence, the Complaints Committee, in accordance with subsection 34(2), did not refer to the Discipline Committee the complaint referred to in that subsection. Subrogation The College may, standing in place of and representing any individual who has received compensation from the compensation fund, exercise all rights and remedies that that individual exercised or could have exercised with respect to the licensee or their successors. Recovery The College may, among other things, recover from a licensee any compensation paid under section 15, as well as any fees and expenses paid with respect to such compensation. Amounts recovered Any amount — with the exception of the fees and expenses paid by the College for the recovery of that amount — recovered by the College for the purposes of this section is to be paid into the compensation fund. Insurance For greater certainty, the College may purchase insurance to compensate for any compensation paid under section 15, as well as any fees and expenses paid with respect to such compensation. Any amount — with the exception of the fees and expenses paid by the College for the recovery of that amount — recovered by the College as a result of the insurance is to be paid into the compensation fund. Report to Minister The report referred to in subsection 15(1) of the Act must include the following information: a financial statement for the preceding fiscal year and an auditor’s report on that financial statement; the name, professional qualifications and term of office of each of the directors, with an indication of any change in the Board’s composition since the previous annual report; with respect to the Complaints Committee, Discipline Committee, Compensation Fund Committee and Capacity Evaluation Committee, the name, terms of reference and composition of each of them, the name and professional qualifications of each of their members, and an indication of any change in their composition since the end of the preceding fiscal year; information, made anonymous, concerning the number and types of complaints received by the College in relation to the conduct of licensees and the number of complaints processed, including information, in aggregate form, concerning any measures taken to process those complaints, and any decision made, and any action taken or required, by the Discipline Committee as a result of those complaints since the end of the preceding fiscal year; a profile of the profession, including for every province or foreign state where a licensee has a business through which they provide immigration or citizenship consulting services, the number of licensees providing such services in that province or foreign state, the number and percentage of licensees categorized according to years of experience, the number and percentage of licensees categorized according to gender, and the number and percentage of licensees categorized according to the official language of Canada in which they offer their services; and with respect to the compensation fund, the number of cases processed without an application in accordance with subsection 5(1) and, in particular, the number of cases for which a decision to pay compensation was made, and the number of cases that were dismissed, the number of applications submitted under subsection 5(2) and, in particular, the number of applications for which compensation was paid, and the number of applications that were denied, the total amount of compensation paid under section 15, the total revenue of the fund, all revenue sources of the fund, and the total amount available in the fund. Ineligibility For the purposes of paragraph 20(f) of the Act, an individual is ineligible to be appointed or elected as a director if they meet any of the following criteria: they are an incapable adult on behalf of whom a guardian is authorized to act; they are a family member of an employee of the College; they are a licensee who, in the five previous years, was determined to have committed professional misconduct or to have been incompetent by the Discipline Committee or by the Immigration Consultants of Canada Regulatory Council’s Discipline Committee. The following definitions apply in this section. family member, in relation to the individual in question, means any one of the following: the individual’s spouse or common-law partner; a child of the individual or a child of the individual’s spouse or common-law partner; a parent of the individual or the spouse or common-law partner of that parent; a child of a parent of the individual or a child of that parent’s spouse or common-law partner; the spouse or common-law partner of the individual’s child or of the child of the individual’s spouse or common-law partner; a parent, or the spouse or common-law partner of a parent, of the individual’s spouse or common-law partner; a current or former foster parent of the individual or of the individual’s spouse or common-law partner; a current or former foster child of the individual or the spouse or common-law partner of that child; a current or former ward of the individual or the spouse or common-law partner of that ward; a current or former guardian of the individual or the spouse or common-law partner of that guardian; any other relative residing permanently with the individual. (membre de la famille) guardian means a person who is legally authorized to act on behalf of a minor or incapable adult and includes a tutor, a mandatary under a protection mandate or any other person who is appointed to act in a similar capacity. (tuteur) ward means a person for whom a guardian is appointed. (pupille) Ceases to be director For the purposes of paragraph 23(d) of the Act, a director ceases to be a director if while in office, they meet one or more of the criteria set out in subsection 9(1) of these Regulations or section 20 of the Act; or they are not in attendance at a minimum of 50% — or more, as set out in the by-laws — of Board meetings during the fiscal year. Powers, duties and functions The Complaints Committee may, in addition to exercising any other powers and performing any other duties and functions, conferred on the Committee under the Act or the by-laws, request an opinion referred to in paragraph 17(1)(a) of these Regulations on the capacity to practise of a licensee referred to in a complaint. If the Committee requests such an opinion, the Committee must take it into account before deciding whether to refer the complaint, in whole or in part, to the Discipline Committee or taking any of the measures set out in paragraphs 57(2)(a) to (c) of the Act. Incapacity to practise If the opinion concludes that any of the licensee’s conduct or activities that are the subject of the complaint, or part of the complaint, were caused by the licensee’s incapacity to practise, the Complaints Committee must not refer any part of the complaint that relates to that conduct or those activities to the Discipline Committee; and in providing the reasons for its decision under paragraph 57(2)(a) or (b) of the Act and absent the licensee’s consent, disclose the licensee’s personal information other than their name and a statement that the complaint, or part of the complaint, is not being referred to the Discipline Committee because the licensee’s conduct or activities that are the subject of the complaint, or part of the complaint, were caused by the licensee’s incapacity to practise. Membership The Complaints Committee is composed of licensees, and individuals who are selected from the public, who are appointed by the Board on the recommendation of employees of the College. Clarification The individuals from the public who are selected must not be employees of the College; have the necessary expertise and experience to assess complaints made in respect of licensees; and be appointed as independent members of the Complaints Committee, operating at arm’s length from officers of the College. The following individuals are ineligible to be members of the Complaints Committee: a director; or a licensee who, in the five previous years, was determined to have committed professional misconduct or to have been incompetent by the Discipline Committee or by the Immigration Consultants of Canada Regulatory Council’s Discipline Committee. The Discipline Committee exercises the following powers and performs the following duties and functions in addition to any powers, duties and functions conferred on it under the Act or the by-laws: as applicable, requesting the opinion referred to in paragraph 17(1)(a) of these Regulations on the capacity to practise of a licensee referred to in a complaint referred by the Complaints Committee and taking the opinion into account in making a decision under subsection 68(1) or 69(3) of the Act; providing to any person who is the subject of a decision made under subsection 68(1) or 69(3) of the Act a copy of the decision; and if the Discipline Committee determines that an individual suffered financial loss due to a dishonest act committed by a licensee and the Committee is able to determine the amount of that financial loss, including in the decision made under subsection 69(3) of the Act the determination of the amount of financial loss and the reasons supporting that determination, and submitting the amount of financial loss to the Compensation Fund Committee. The Discipline Committee is composed of individuals who are selected from the public and licensees who are appointed by the Board. The individuals and licensees must be appointed to the Committee on the recommendation of employees of the College. have the necessary expertise and experience to participate in disciplinary proceedings; and be appointed as independent members of the Discipline Committee, operating at arm’s length from officers of the College. The following individuals are ineligible to be members of the Discipline Committee: Establishment A committee of the College is established, to be known as the Compensation Fund Committee. The Compensation Fund Committee is composed of members who are not directors. The powers, duties and functions of the Compensation Fund Committee are the following: administering the compensation fund; processing both cases without an application in accordance with subsection 5(1) and applications submitted under subsection 5(2) and determining, as applicable, the amount of compensation to be paid; and paying compensation. Jurisdiction — former licensees For greater certainty, the Compensation Fund Committee has jurisdiction in respect of former licensees to process cases and applications under paragraph (1)(b) and determine the amount of compensation to be paid. Determining compensation The Compensation Fund Committee must determine, on a case-by-case basis, the amount of compensation to be paid. Elements to take into account In determining the amount of compensation, the Compensation Fund Committee must take, as the case may be, the following elements into account: the decision by the Discipline Committee finding that the licensee committed a dishonest act; the amount of financial loss suffered due to the dishonest act, as determined by the Discipline Committee; in the absence of such an amount, any evidence provided by the individual who submitted the application for compensation under subsection 5(2); in the case of an application for compensation submitted under subsection 5(2), any financial loss or expense associated with the dishonest act; any amount or other compensation provided to the individual for whom the amount of compensation is being determined; and any other element related to the compensation fund set out in the by-laws. Payment When the amount of compensation is determined, it must be paid to the individual to whom it is owed as soon as feasible. A committee of the College is established, to be known as the Capacity Evaluation Committee. The Capacity Evaluation Committee is composed of members who are not directors. The powers, duties and functions of the Capacity Evaluation Committee are the following: on request by the Registrar, the Complaints Committee or the Discipline Committee, preparing an opinion on a licensee’s capacity to practise that, if applicable, concludes whether any of the licensee’s conduct or activities that are the subject of a complaint were caused by their incapacity to practise, and recommends actions that may be taken or required by the Registrar under section 38 of the Act in response to the licensee’s incapacity to practise; requesting information, including personal information, from the licensee concerning their capacity to practise; with a licensee’s consent, consulting an expert on the licensee’s capacity to practise; providing the opinion to the Registrar, before the Registrar makes a decision under section 38 of the Act, to the Complaints Committee, before that Committee decides whether to refer a complaint to the Discipline Committee under subsection 57(1) of the Act or takes any of the measures set out in paragraphs 57(2)(a) to (c) of the Act, or to the Discipline Committee before that Committee makes a decision under subsection 68(1) or 69(3) of the Act; and if the opinion is provided to the Complaints Committee or Discipline Committee, providing to the Registrar a copy of the opinion. Reasons for decision In making a request for information under paragraph (1)(b), the Capacity Evaluation Committee must notify the licensee that, if the opinion concludes that any of the licensee’s conduct or activities that are the subject of the complaint were caused by the licensee’s incapacity to practise, the Complaints Committee will identify that conclusion as the reason why the complaint, or part of the complaint, is not being referred to the Discipline Committee in the reasons for the decision provided under paragraph 57(2)(a) or (b) of the Act, as the case may be. For greater certainty, the Capacity Evaluation Committee has jurisdiction to exercise its powers and perform its duties and functions in respect of former licensees. Request for information A licensee may refuse to provide information requested under paragraph 17(1)(b) by the Capacity Evaluation Committee. In preparing an opinion referred to in paragraph 17(1)(a), the Capacity Evaluation Committee must take the following elements into account: any information, including personal information, concerning the licensee’s capacity to practise provided by the licensee, College, Registrar, Complaints Committee or Discipline Committee; any report from an expert consulted under paragraph 17(1)(c) on the licensee’s capacity to practise; and any other information that the Capacity Evaluation Committee considers necessary to prepare the opinion. Application An applicant for a licence must ensure that the information contained in their application referred to in subsection 33(1) of the Act, and any supporting documents, is true, complete and accurate. Conditions and restrictions A licensee must comply with any conditions and restrictions to which their licence is subject. Content The register of licensees referred to in subsection 31(1) of the Act must contain the following information in respect of every licensee: the licensee’s name and any business name or any name under which they do business; the contact information for any business, in Canada or outside Canada, through which the licensee provides their immigration or citizenship consulting services; the licensee’s identification number; the name of any agent of the licensee and the city, province or state and country where the agent is operating; the class of licence held by the licensee; if the licensee is providing immigration or citizenship consulting services as an employee, the name, business address and contact information of their employer; the status of the licensee’s licence; if a licensee’s licence is suspended, an indication to that effect, the date on which the licence was suspended, the reasons for the decision to suspend, the type of suspension and, if applicable, the day on which the suspension will be lifted; if the licensee’s licence was surrendered or revoked, an indication to that effect and the reasons for the decision to revoke, as applicable; any conditions and restrictions to which the licensee’s licence is subject; any disciplinary measures imposed on the licensee before 2018, if known, and any measures imposed on them by the Discipline Committee since then; and any other information required by the by-laws. Access In addition to meeting the requirements set out in subsection 31(1) of the Act and subject to the by-laws, at the request of a member of the public or a licensee, the College must provide access to the register of licensees by alternative means. Accessibility The College must ensure that it complies, if practicable, with the Government of Canada’s standards on web accessibility. Circumstances For the purposes of paragraph 32(d) of the Act, the Registrar must provide notice to the Minister in the following circumstances: a licensee’s licence has been reinstated; a licensee has died; and a licensee’s licence status became inactive for any other reason. Timing The Registrar must provide notice in the circumstances set out in paragraphs 32(a) and (b) of the Act, within five working days after the day on which the circumstance in question occurred; in the circumstances set out in paragraphs (1)(a) and (c) of this section and paragraph 32(c) of the Act, within 15 working days after the day on which the circumstance in question occurred; and in the circumstances set out in paragraph (1)(b) of this section, within 15 working days after the day on which the Registrar became aware of the circumstance. Notice provided electronically The Registrar must provide notice electronically in the circumstances set out in paragraphs (1)(a) to (c) of this section and paragraphs 32(a) to (c) of the Act. Form and manner The Registrar must indicate in the notice the day on which the applicable circumstance set out in any of paragraphs (1)(a) to (c) of this section or any of paragraphs 32(a) to (c) of the Act occurred or the day on which the Registrar became aware of the circumstance, as well as the following information: in the circumstances set out in paragraphs 32(a) and (b) of the Act, the reasons for the licence suspension or revocation, as applicable, and, in the case of a suspension, an indication of whether it follows a provisional decision, and the duration of the suspension and whether the duration is conditional on the meeting of a condition; and in the circumstances set out in any of paragraphs 28(a) to (j), the circumstance in question and any requirement specified in the by-laws. Selection for verification The Registrar may exercise their powers of verification under section 35 of the Act in respect of a quality assurance program of the College; or a random verification. Notice Subject to subsection 35(2) of the Act, if the Registrar conducts a random verification, they must provide reasonable notice to the licensee in question of the verification of their business premises. Dishonest act For the purposes of section 37 of the Act, the circumstance in which the Registrar must initiate a complaint and refer it to the Complaints Committee for consideration is that the Registrar is of the opinion that there are reasonable grounds to suspect that an individual has suffered financial loss due to a dishonest act committed by a licensee. Request for opinion Before deciding whether to initiate a complaint under section 37 of the Act, the Registrar may request an opinion referred to in paragraph 17(1)(a) of these Regulations on the licensee’s capacity to practise. Non-application If the opinion concludes that the dishonest act was caused by the licensee’s incapacity to practise, subsection (1) does not apply. Before making a decision under section 38 of the Act, the Registrar may request an opinion referred to in paragraph 17(1)(a) of these Regulations on the licensee’s capacity to practise. If the Registrar requests such an opinion, they must take it into account in making their decision. Decision and reasons in writing The Registrar must give their decision and the reasons for it in writing and provide a copy of the decision and reasons to any person who is referred to in the decision. For the purposes of section 38 of the Act, the circumstances in which the Registrar may take or require the actions referred to in that section are the following: the licensee contravened section 20; the licensee contravened the requirement respecting professional liability insurance set out in subsection 42(1) of the Act or in the by-laws; subject to section 26 of these Regulations, the licensee contravened section 44 of the Act by not meeting the standards of professional conduct and competence established by the Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees; the licensee contravened the requirements respecting the maintenance of competencies and continuing professional development set out in the by-laws; the licensee contravened section 55 of the Act; the licensee contravened section 35; the licensee contravened section 36; the licensee contravened section 70 of the Act; the licensee contravened the requirements to provide to the College, in accordance with the by-laws, any information or document required by those by-laws; and the licensee contravened section 21. Actions that may be taken or required The Registrar may take or require any of the following actions under paragraph 38(c) of the Act: impose conditions or restrictions on the licensee’s licence; issue a caution to the licensee and register it on the licensee’s file; issue a reprimand to the licensee; order the licensee to comply with certain requirements set out in the Act, in these Regulations or in the by-laws; require the licensee to take and successfully complete specified continuing professional development courses or any other specified course related to the nature of the contravention; require the licensee to participate in a mentoring program or be counselled by a professional with expertise in matters related to the nature of the contravention; require the licensee to pay a monetary penalty to the College in accordance with the schedule of penalties set out in the by-laws; take or require any other action set out in the by-laws; if the licensee fails to comply with an action set out in any of paragraphs (a) and (d) to (h), take or require any actions set out in any of paragraphs (a) to (h), take one of the actions set out in paragraph 38(a) or (b) of the Act or take or require any combination of those actions. Duration The Registrar must not register a caution issued under paragraph (1)(b) on the licensee’s file for more than two years. Delegation For the purposes of section 41 of the Act, the Registrar may delegate their powers, duties and functions only to employees of the College who are designated to act in place of the Registrar for a temporary period, as approved by the Board; and satisfy any other conditions specified in the by-laws. Capacity Evaluation Committee members However, the Registrar may delegate to the members of the Capacity Evaluation Committee the power to suspend a licensee’s licence under paragraph 38(a) of the Act and the power under paragraph 38(c) of the Act to take or require the action set out in paragraph 29(1)(a) of these Regulations. Power referred to in subsection (2) If the Registrar delegates a power referred to in subsection (2) to the members of the Capacity Evaluation Committee, the members may exercise that power in respect of a licensee only if an opinion referred to in paragraph 17(1)(a) concludes that the licensee is incapable of practising. Referral to another body For the purposes of section 47 of the Act, the circumstances in which the College may refer a complaint in respect of a licensee or former licensee to another body that has a statutory duty to regulate a profession are that the College receives a complaint regarding the conduct of a lawyer who is a member of a law society of a province or a notary who is a member of the Chambre des notaires du Québec; any other member of a law society of a province, including a paralegal; a student-at-law who is acting under the supervision of an individual referred to in paragraph (a); or a member of a body that has a statutory duty to regulate a profession, other than a law society of a province or the Chambre des notaires du Québec. Removal of thing If an investigator removes a thing for examination or copying under paragraph 51(3)(b) of the Act, they must provide the person from whom it was obtained with a receipt describing the thing. Examination, copying and return The examination or copying of the thing must be completed as soon as feasible and, once the examination or copying is completed, the thing must be returned as soon as feasible to the person from whom it was obtained. Return to owner However, if the investigation relates to subsection 14(1) of the Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees, the thing must be returned to its owner. The investigator must provide written notice of that return to the person from whom the thing was obtained. Conservation of thing The thing must be kept in a safe place for the period during which it is examined or copied. Deemed original Any copy of a document or thing that is certified by an investigator is deemed to be the original of that document or thing. Request for return At any time, the person from whom a thing was obtained, or the owner of the thing, may make a written request to the College for it to be returned as soon as feasible. Examination or copying In response to such a request, the investigator must examine or copy the thing and return it, as soon as feasible, to the person from whom it was obtained or, in the case referred to in subsection 32(3), to the owner. Referral to Discipline Committee For the purposes of subsection 57(1) of the Act and subject to subsection 11(2) of these Regulations, the circumstances in which the Complaints Committee must refer a complaint, in whole or in part, to the Discipline Committee are the following: the complaint is not frivolous and involves financial loss suffered by an individual due to a dishonest act committed by a licensee; and any other circumstance set out in the by-laws. Revoked licence However, the Complaints Committee is not required to refer a complaint to the Discipline Committee if, at the time the Complaints Committee is considering the complaint under subsection 48(1) of the Act, the licensee referred to in that complaint has had their licence revoked as a result of a dishonest act similar to the one that is the subject of that complaint. Caution If the Complaints Committee requires a licensee to appear before it to be cautioned under paragraph 57(2)(b) of the Act, the licensee must appear. Dispute resolution process If a complaint is referred to a process of dispute resolution under paragraph 57(2)(c) of the Act and the matter is resolved to the satisfaction of the Complaints Committee, the licensee must comply with the resolution of the dispute. Public hearings In the context of public hearings referred to in section 64 of the Act, the Discipline Committee must take all reasonable precautions to protect the welfare of vulnerable individuals; the safety of any individual; and subject to the conduct of hearings in the public interest, the privacy of any individual. Professional misconduct or incompetence — actions In addition to the actions set out in subsection 69(3) of the Act, the Discipline Committee may take or require one or more of the following actions under that subsection: if an opinion referred to in paragraph 17(1)(a) concludes that any of the licensee’s conduct or activities that are the subject of the complaint were caused by the licensee’s incapacity to practise, dismiss any part of the complaint that relates to that conduct or those activities; in all other circumstances, require the licensee to reimburse all or a portion of the costs incurred by the College during the proceeding before the Committee, require the licensee to reimburse all or a portion of the costs incurred by any person designated by the Committee during the proceeding before it, require the licensee to reimburse all or a portion of the fees and disbursements paid to the licensee by an individual, except in the case of a licensee who committed a dishonest act as a result of which an individual suffered financial loss, require the licensee to pay to the College a monetary penalty of not more than $30,000 or, in the case of a licensee who committed a dishonest act as a result of which an individual suffered financial loss, an amount equal to the fees and disbursements paid to the licensee by that individual, in the form of a monetary penalty, prohibit the licensee from withdrawing, directly or indirectly, any funds held by the licensee related to their activities as a licensee or funds held in trust, require the licensee to take and successfully complete specified continuing professional development courses, or take any other action that is necessary in the circumstances for the public interest and to protect the public. Suspension period The period during which a licensee’s licence may be suspended under paragraph 69(3)(b) of the Act is not more than two years. Maximum amount — penalty The amount that may be required as a penalty under paragraph 69(3)(d) of the Act is not more than $50,000. Personal information If the Discipline Committee dismisses a complaint, or part of a complaint, under paragraph 38(1)(a) of these Regulations, the Committee, in giving its decision and the reasons for it under subsection 69(4) of the Act, must not disclose, absent the licensee’s consent, the licensee’s personal information other than their name and a statement that the complaint, or part of the complaint, is being dismissed because the licensee’s conduct or activities that are the subject of the complaint, or part of the complaint, were caused by the licensee’s incapacity to practise. Redactions For the purposes of subsection 69(5) of the Act, the College must ensure that the name of a person other than the licensee and any other information that could lead to that person’s identification is not included in any decision and reasons of the Discipline Committee made available on the College’s website or in any other communication regarding the decision. Circumstances for obtaining and using privileged information The circumstances in which the Registrar, an investigator, the Complaints Committee or the Discipline Committee may obtain and use privileged information are the following: the individual to whom the information relates consents to its being obtained and used; the information is already public; the information is being obtained and used to allow the exercise of powers and the performance of duties and functions of the Registrar, investigator, Complaints Committee or Discipline Committee conferred under the Act, these Regulations or the by-laws; the information is being obtained and used within the context of a proceeding under the Act; and there are reasonable grounds to believe that there is a significant risk of harm being caused to an individual and that obtaining and using the information is likely to reduce the risk. Order For the purposes of subsection 73.1(1) of the Act, the reasons for which the College may apply to any court of competent jurisdiction for an order are the following: the licensee’s licence has been suspended or revoked; the licensee has died or is missing; the licensee is an incapable adult on behalf of whom a person is legally authorized to act, including a tutor, a mandatary under a protection mandate or any other person who is appointed to act in a similar capacity; the licensee has neglected or abandoned their practice; there are reasonable grounds to believe that the licensee has or may have dealt improperly with property that is or should be in their possession or control, or any other property; and there is any other reason justifying the College’s application to any court of competent jurisdiction under subsection 73.1(1) of the Act for an order to carry out its purpose. Authorization to make by-laws Subject to the Act and these Regulations, the College is authorized to make by-laws respecting the conflicts of interest of directors, members of the Complaints Committee, members of the Discipline Committee and members of any other committee of the College, including the management of such conflicts of interest; respecting the Complaints Committee, Discipline Committee and any other committee of the College, including the powers, duties and functions of those committees, the eligibility requirements for membership in them and the remuneration, terms and removal of members; respecting the eligibility requirements to be appointed as Registrar and the Registrar’s remuneration; respecting the contents of the register of licensees and the manner in which the register is to be made available to the public; respecting the actions that may be taken or required by the Registrar under section 38 of the Act, which may include the requirement to pay a monetary penalty, and specifying the amount or maximum amount of such a penalty by establishing a schedule that meets the following criteria: the monetary penalties under section 38 of the Act are lower than the amount set out in subsection 38(3) of these Regulations, the penalty scale is graduated based on repeated failures to comply with the same requirement, and the penalty amounts increase based on the severity of the failure to comply with a requirement; limiting the individuals to whom the powers, duties and functions conferred on the Registrar may be delegated; prescribing the circumstances in which the Complaints Committee must refer a complaint, in whole or in part, to the Discipline Committee; and prescribing a percentage higher than that set out in paragraph 10(b). Circumstances surrounding appointment For the purposes of section 75 of the Act, the circumstance in which the Minister may appoint a person is that the Minister determines that the purposes of the Act are not being carried out, including when the Board is unable or unwilling to exercise its powers and perform its duties and functions. The Minister must, in writing and without delay, notify the Board of the appointment and the reasons for it. Effective date The appointment takes effect when the powers, duties, functions and conditions specified by the Minister under subsection 45(1) are made available to the public and provided to the Board. Powers, duties, functions and conditions Before making the appointment, the Minister must specify the powers, duties and functions to be conferred; set out the objectives and the timeline for meeting them; specify the professional qualifications and experience and any other eligibility requirements that the Minister considers necessary to exercise the powers and perform the duties and functions conferred; and set the period of the appointment. Additional condition In addition to satisfying the conditions specified under paragraph (1)(c), the person appointed must not be an ineligible individual under subsection 9(1) of these Regulations or section 20 of the Act. Period The appointment is for a period of not more than one year. Reports and information During the period of the appointment, the College must provide, at the Minister’s request, any report and information regarding its activities. Reappointment or new appointment If, at the end of the period of the appointment, the Minister determines that the objectives that they set out have not been met or that new objectives are to be met, they may reappoint the person, or appoint a new person, in accordance with this section. Disclosure — capacity to practise The College, Registrar, Complaints Committee and Discipline Committee may disclose personal information related to a licensee’s capacity to practise to the Capacity Evaluation Committee. For greater certainty, the Capacity Evaluation Committee may disclose personal information related to a licensee’s capacity to practise in providing an opinion referred to in paragraph 17(1)(a) to the Registrar, Complaints Committee or Discipline Committee. Disclosure — violations and offences If, in representing or advising persons in immigration or citizenship matters, an individual is suspected of having committed any violation or offence, as the case may be, under the Immigration and Refugee Protection Act, the Citizenship Act, the Emergencies Act or the Quarantine Act or under any regulations made under those Acts, the College may disclose personal information relevant to that violation or offence to the authorities responsible for the administration or enforcement of the Act or regulations in question. Professional misconduct or unauthorized practice The College may disclose personal information related to potential professional misconduct or potential unauthorized practice by an individual who represents or advises persons in immigration or citizenship matters to any body that has a statutory duty to regulate a profession, if the information disclosed is relevant to that body; to any province; or to any foreign institution with powers, duties and functions similar to those of the College or to any foreign state with which the College has entered into an agreement or arrangement under subsection 73.5(1) of the Act. Only necessary information The College may disclose personal information in respect of any individual involved, directly or indirectly, in a violation or offence referred to in subsection (1) or the professional misconduct or unauthorized practice referred to in subsection (2) only if that information is necessary for the application of subsection (1) or (2), as the case may be. Risk of harm The College may disclose any personal information if there are reasonable grounds to believe that there is a significant risk of harm being caused to an individual if the disclosure is not made and that making the disclosure is likely to reduce the risk. Information sharing with foreign entity If the College exchanges personal information with a foreign entity, it must ensure that the exchange of information would not result in a substantial risk of mistreatment of an individual by a foreign entity, unless the risk can be fully mitigated; and any information that was likely obtained through the mistreatment of an individual by a foreign entity is not used in any way that creates a substantial risk of further mistreatment, as evidence in any judicial, administrative or other proceeding, or in any way that deprives anyone of their rights or freedoms. Available to public Any agreement or arrangement entered into under subsection 73.5(1) of the Act must be made available to the public on the College’s website. [Amendments] 90th day after registration These Regulations, except section 22, come into force on the 90th day after the day on which they are registered. One year after registration Section 22 comes into force on the first anniversary of the day on which these Regulations are registered.