Backgrounder

Who can be a representative

In some cases, individuals who wish to come to, or stay in, Canada choose to obtain the help of a representative for additional support or advice. The new regulations apply to:

• those applying for a visa or making any other application under the Immigration and Refugee Protection Act, and
• the subjects of proceedings for immigration or refugee matters before the Immigration and Refugee Board (IRB) or the Canadian Border Services Agency (CBSA).

There are two types of representatives: paid and unpaid.

Paid representatives

As of April 13, 2004, paid representatives must be authorized in order to conduct business on behalf of clients when dealing with the Government of Canada in immigration and refugee matters.

Authorized, paid representatives may be only:

• immigration consultants who are members in good standing of the Canadian Society of Immigration Consultants;
• lawyers who are members in good standing of a Canadian law society and students-at-law under their supervision; and
• notaries who are members in good standing of the Chambre des notaires du Québec and students-at-law under their supervision.

As of April 13, 2004, individuals who submit new applications, indicating that they have used a paid representative who is not authorized, may have their application packages returned by Citizenship and Immigration Canada (CIC). Proceedings before the IRB will continue, but the subject of the proceeding will be treated as unrepresented and the IRBwill not deal with the unauthorized representative. Similarly, officers with the CBSA will deal only with the subject of the proceeding and not the unauthorized representative.

Individuals with applications or proceedings that are already under way as of April 13, 2004, may continue to use the services of their paid representative until April 13, 2008. After this date, if their representative is not a member of one of the above organizations, the individual may choose to continue unrepresented or hire an authorized representative.

Unpaid representatives

Some CIC clients and individuals appearing before the IRB or CBSA may choose to be represented by a person or an organization that does not charge a fee for the service. For example:

• Non-governmental or religious organizations
• Friends
• Family members

Please note: No one is obliged to hire an immigration consultant or a lawyer to make a visa application to Canada, or to appear before the IRB or CBSA. The Government of Canada treats all matters equally whether a representative is present or not.