Ontario has unveiled groundbreaking legislation aimed at regulating immigration consulting, a critical move designed to shield newcomers from fraud and exploitation as they navigate Canada’s intricate immigration system. This development makes Ontario the third province to regulate immigration consulting, following Quebec and Saskatchewan.
With Ontario welcoming 43% of Canada’s newcomers—expected to reach approximately 173,000 by 2025—this reform is timely and significant. It highlights the province’s commitment to safeguarding immigrants while addressing the growing complexities of immigration policies.
Why Ontario Immigration Consulting Regulation Matters
Ontario’s initiative stems from a rising tide of complaints about unethical practices in immigration consulting. These practices often exploit vulnerable immigrants seeking pathways to permanent residence. The new legislation aligns with the Ontario Immigrant Nominee Program (OINP), which allows the province to nominate candidates for permanent residence under economic immigration programs.
The regulation is particularly vital as the federal immigration levels are projected to peak at nearly 500,000 by the end of 2024, with a sharp 55% reduction in provincial nominations expected in 2025. This reduction could lead to fewer options for immigrants and increase their susceptibility to exploitation.
A Shared Responsibility: Federal and Provincial Roles
Immigration in Canada is a shared jurisdiction under Section 95 of the Constitution Act, 1867. This dual responsibility enables provinces to influence immigration policies tailored to their unique labor market and demographic needs while operating within the federal framework.
The federal Immigration and Refugee Protection Act (IRPA) mandates that immigration consultants must be licensed by the College of Immigration and Citizenship Consultants (CICC) to represent clients in federal matters. However, the regulation of consultants advising on Provincial Nominee Programs, like OINP, is increasingly falling under provincial purview.
Ontario Joins Quebec and Saskatchewan in Regulatory Efforts
Quebec and Saskatchewan have already implemented stringent measures to regulate immigration consultants within their jurisdictions. Saskatchewan’s July 2024 regulations require consultants to register with both the CICC and the province. Quebec, with its emphasis on French language proficiency, has added further criteria for professionals practicing within the province.
Ontario’s move will likely mirror Saskatchewan’s approach, ensuring consultants meet federal standards while adhering to provincial regulations.
Implications for Stakeholders
The Ontario immigration consulting regulation will have significant consequences for all stakeholders:
- For Provincial Regulators: Ontario must ensure it has the capacity to enforce these regulations effectively, avoiding gaps that could be exploited.
- For Immigrants: Newcomers may face confusion in identifying qualified representatives, given the overlapping federal and provincial frameworks.
- For Immigration Professionals: Lawyers and consultants operating across multiple provinces will encounter additional compliance costs and regulatory hurdles.
Ensuring Consumer Protection and Collaboration
The regulation of immigration consulting demands robust collaboration between Ottawa and the provinces. Effective communication and streamlined processes will be crucial to prevent jurisdictional conflicts and protect immigrants from potential misconduct.
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