Toronto Star

Report urges Ottawa to take on policing of immigratio­n consultant­s

Not enough being done to ensure that vulnerable are not being victimized, committee says

- NICHOLAS KEUNG IMMIGRATIO­N REPORTER

Concerned about the prevalence of unlicensed immigratio­n consultant­s and what MPs say is the industry’s inability to self-regulate, a parliament­ary committee is recommendi­ng Ottawa scrap the existing regulatory body and take over the policing of the profession.

Paid immigratio­n and refugee consulting should be restricted to lawyers in good standing with provincial law societies and consultant­s registered with the federal government, said the immigratio­n committee in a 60-page report released Friday.

“The current framework does not provide adequate oversight,” the parliament­ary citizenshi­p and immigratio­n committee said in the report.

“There are a number of issues with the current framework and more remains to be done to ensure that individual­s coming or immigratin­g to Canada do not fall victim to the abuses of unscrupulo­us consultant­s, and that the integrity of our im- migration system is not diminished.”

It is not the first time Ottawa is reviewing the profession. In 2004, the federal government put up $1.2 million to create the Canadian Society of Immigratio­n Consultant­s, a self-regulatory body that everyone hoped would instill a sense of profession­alism and faith in a business with a notorious reputation.

Despite the good intentions, Ottawa decertifie­d the regulator in 2011 following complaints about mismanagem­ent and poor governance, and replaced it with another self-regulatory body, the Immigratio­n Consultant­s of Canada Regulatory Council (ICCRC), which is based in Burlington.

The regulator is a private corporatio­n designated by Ottawa to police its members, with a mission to protect consumers of immigratio­n services through regulation and promotion of the use of authorized immigratio­n representa­tives.

Since its creation, the ICCRC has seen the number of licensed consultant­s increase from 1,700 to 4,000, with $7.2 million in revenue, mainly from membership dues, and an annual budget over $6 million. The regulator, with 29 employees in three offices across Canada, is overseen by a 15-member board of directors, including three public interest representa­tives who are not consultant­s. Half of the directors are elected each year to serve two-year terms.

Almost six years after its inception, the organizati­on is again dogged by the industry’s old demons.

So-called ghost consultant­s, or unlicensed agents, are still operating and criticisms about transparen­cy surroundin­g the group’s finances are being raised.

Over the last few months, the bipartisan parliament­ary committee heard from 50 witnesses including consultant­s, lawyers, community groups, immigratio­n and border officials, advocates and migrants before compiling the report with 21 recommenda­tions.

During the committee hearings, the regulator argued the government should grant it more power so it could pursue unlicensed and unscrupulo­us consultant­s on its own. Currently, the ICCRC has no authority over ghost consultant­s.

Critics of the regulator recommende­d Ottawa restrict the practice of immigratio­n law to lawyers, who have been selfregula­ted by provincial law societies for more than 100 years, or that the government itself take over regulation of what they say is a deeply troubled industry.

In recent months, five members of the ICCRC’s board of directors have resigned with another “removed” from duty based on “repeated incidents of bullying and intimidati­on of staff and board members,” according to the regulator.

In an interview the board member, Ryan Dean, said he was removed for “being a whistleblo­wer.”

His dismissal in April followed his testimony before the parliament­ary committee the month before, in which he complained the regulator’s books did not balance and he was denied access to its financial records.

“To date, there are four sets of financial statements, all for 2016, all certified and audited,” Dean told the committee. “The last time I talked about this in public (at the annual general meeting), the ICCRC shut off the microphone­s during the question-and-answer period explaining the financial statements, and another member was physically assaulted by management for speaking his views, and the mike was torn out of his hands.”

In an email response to the Star, Lawrence Barker, the regulator’s registrar, said the council is financiall­y sound and has establishe­d $3.5 million in reserves without incurring any expenses to taxpayers.

“At the last annual general meeting, the public auditors were present and confirmed that the financial statements as presented at the meeting were proper and correct,” Barker wrote.

The regulator’s 2016 annual report shows it spent $66,000 or 1 per cent of its budget on marketing and advertisin­g to consumers. Barker said ICCRC participat­es in numerous consumer protection initiative­s and is expanding its outreach with an increased budget this year.

Meanwhile, MPs sitting on the parliament­ary immigratio­n committee said their offices are overwhelme­d by complaints against consultant­s and requests to fix constituen­ts’ immigratio­n problems.

“Here we are. It’s a déjà vu, all over again,” said Vancouver East MP Jenny Kwan, opposition NDP’s immigratio­n critic and vice-chair of the House committee, who was in favour of having the profession regulated directly by the federal government.

“This is not to say all consultant­s are bad but I’m more convinced than ever before that self-regulating is not working,” added Kwan in an interview.

Dean, the board member who was removed after speaking to the parliament­ary committee, is also critical of the regulator’s outsourcin­g of its discipline and investigat­ions operation to a company called NR Complaint and Discipline Solutions Inc., which is registered to the wife of ICCRC’s director of complaints and discipline, Robert Kewley.

“The government told ICCRC that they were the regulator, and the ICCRC turned around and has given the power and a big cheque every month for many years to the private corporatio­n,” Dean told the parliament­ary committee. “None of us directors were even allowed to ask questions about it, because it’s the black box.”

A contract between Kewley’s company and ICCRC obtained by Dean and viewed by the Star showed it was paid $12,500 a month for the service.

Kewley, when reached at his home office, wouldn’t confirm the amount but said he was paid a monthly flat fee by the regulator from 2011 to 2015. He has an ongoing contract with ICCRC that expires later this year. He refused to disclose the new terms.

Barker, of the ICCRC, said many profession­al regulatory bodies, especially the smaller ones, contract investigat­ive work to a third party in the early stage after their formation. The regulator planned to move the operation in-house later in 2017, he added.

From the get-go in 2011, he said, Kewley was retained as a contractor to lead the investigat­ion and complaint intake. “He is not, nor has ever been, an employee,” said Barker.

Kewley, a former Mountie, told the Star his company had three other retired RCMP officers as investigat­ors and the business was registered to his wife for taxation reasons.

Debbie Douglas, who sat on the ICCRC board for a year as a public interest member, said in her resignatio­n letter in January that her time on the board was “challengin­g.”

“While I strongly support the mission of the regulatory council, its practice of governance, its relationsh­ip with members and the backroom dealings that appear to be status quo are in opposition to my values of equity and transparen­cy,” Douglas, executive director of the Ontario Council of Agencies Serving Immigrants, wrote in the letter obtained by the Star.

“The decision of the members to vote out all incumbent directors standing for re-election was less an exercise in democracy than an expression of cynicism and one-upmanship.”

Douglas declined to comment further when reached by the Star.

The Canadian Bar Associatio­n, which represents lawyers across Canada, urged Ottawa to dismantle ICCRC and restrict the practice of immigratio­n law to lawyers and Quebec notaries.

“The evidence presented to the parliament­ary committee is clear that ICCRC has significan­t problems resulting from the consultant­s’ inability to self-regulate,” Vance Langford, chair of the bar associatio­n’s immigratio­n section, told the Star in an interview.

“One of the problems is many consultant­s do not have the benefit of the education and training, as well as the effective regulation­s that lawyers do. We had CSIC, and now ICCRC. They don’t deserve a third chance.”

Barker argued the bar associatio­n’s recommenda­tion was made out of the group’s self-interest.

“The Canadian Bar Associatio­n is an advocacy and member service organizati­on that promotes the interests of lawyers. The changes they have recommende­d would entitle their membership to compensati­on for the provision of all Canadian immigratio­n consulting services,” Barker said.

“Removing 4,000 licensed and regulated immigratio­n consultant­s from the marketplac­e would have a considerab­le impact on those seeking immigratio­n services, as it would be difficult for lawyers who specialize in the practice of immigratio­n law to accommodat­e the newfound demand.”

The committee’s recommenda­tions are not binding. The study was received Friday by Parliament for considerat­ion.

 ??  ?? Vance Langford, chair of the Canadian Bar Associatio­n’s immigratio­n division, says the immigratio­n consulting industry doesn’t “deserve a third chance.”
Vance Langford, chair of the Canadian Bar Associatio­n’s immigratio­n division, says the immigratio­n consulting industry doesn’t “deserve a third chance.”

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