At the risk of taking the bait . . .
Citizenship 'consultants' - are there any official requirements like for immigration consultants?
Temptation too strong to avoid asking: What? Really? Maybe make that
Hunnh? Or, is the query deliberately sarcastic (oddly framed if that is the case)? As if to bait and mock those who pose questions for which everyone (almost everyone anyway) knows the answer, that being, here,
yes, of course, obviously, citizenship consultants are regulated, subject to regulations and requirements administered by the "
College of Immigration and Citizenship Consultants." It is in the title, both the title of the "
College" and the title of Act governing the College.
Hunh especially in regards to
My quick search seems to indicate that no, no requirements for someone providing services (representative basically) for citizenship applications.
After all, beyond how overwhelmingly wide-known and understood it is (among those who have much familiarity with citizenship applications) that paid-consultants are subject to regulation, hard to imagine how even a cursory "
search" could overlook all sorts of affirmation of that, that providing consultation services in regards to citizenship applications is regulated.
So, make that an emphatic YES, duh, yes there are official requirements for citizenship consultants like there are for immigration consultants.
For anyone who needs more information about citizenship (and immigration) consultants, start with the IRCC web pages titled:
Further Explanation With Sources:
(No need to complain about the depth of detail I offer; I have not forgotten how vehemently you've expressed disdain for my longer explanations, sharing the whole story with citation and links to authoritative sources . . . I elaborate for those who want real information based on reliable sources, and in this instance, I confess, to illustrate just how obvious this is, and also to document what I offer, to distinguish it as information not opinion.)
As already noted, the very title of the organization that is mandated by the government to license and regulate non-lawyer consultants refers to both immigration and citizenship consultants, that being (after all) the "
College of Immigration and Citizenship Consultants," which in turn (hard to get any more obvious than this) is subject to the
College of Immigration and Citizenship Consultants Act, which pops right up (a real quick search, one has to say) in a basic search at the Canadian
Justice Laws Website just searching for either "
consultants" (very first in list), or "
citizenship" (second in list of search results).
Make no mistake, it is a criminal offence to provide consultant services "
for consideration" attendant citizenship applications unless authorized by law.
From the Citizenship Act:
21.1 (1) Every person commits an offence who knowingly, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act.
That is, it is an offence to act as a paid consultant in connection with an application made under the Citizenship Act, or any proceeding under the Citizenship Act. (It is a hybrid indictable offence punishable by up to two years imprisonment and a quite big fine, no mere speeding ticket; see Section 29.1 Citizenship Act.)
There are, of course, exceptions, that is categories of advisers or representatives specified by statute who may receive compensation (be given consideration, mostly meaning "
paid") to provide such services: lawyers and regulated (licensed) consultants, and some other specific exceptions (like certain students-at-law).
In particular, the rest of Section 21 in the Citizenship Act states the exceptions, that is it specifies those who can legally act as a consultant for citizenship related applications, including the obvious:
-- lawyers who are a member in good standing of a law society, or the Quebec equivalent of lawyer referred to as a "notary" (Section 21(2)(a) Citizenship Act)
-- other members in good standing of a law society of a province (Section 21(2)(b) Citizenship Act)
-- members in good standing in the College of Immigration and Citizenship Consultants (Section 21(2)(c) Citizenship Act)
-- a student-at-law supervised by one of the above (Section 21(3) Citizenship Act)
-- persons acting in accordance with an agreement with the government otherwise authorizing them to do this (Section 21(4) Citizenship Act)
Similar exceptions, almost verbatim, for acting as an immigration consultant are prescribed in
Section 91 IRPA.
Moreover, the fundamental definitions prescribed under the College of Immigration and Citizenship Consultants Act, yeah Section 2 (no need to search or even scroll, right there following the title of the Act) which sets out the definitions that apply to the Act, specifically defines "
immigration and citizenship consultant" to mean a person, other than those prescribed in the exceptions, who "
directly or indirectly, represents or advises persons for consideration — or offers to do so — in connection with a proceeding or application under the Citizenship Act," and similarly IRPA.
I pretty much put the question in the title. Does anyone know the answer to this? Is there a requirement to be officially registered or join a college for those providing services only for citizenship applications? For that matter, any requirements for citizenship certificate applications vs citizenship grant applications?
I know there are for immigration consultants. My quick search seems to indicate that no, no requirements for someone providing services (representative basically) for citizenship applications.
[With caveat of course that one can't provide /legal/ services, so paid services could only be outside the domain of things that only lawyers can do.]
I guess I could have made that question easier if I'd written 'is this a regulated profession.'
