Backgrounders - Seeking Candidates Interested in Regulating Immigration Consultants

Further to the notice of intent published in the Canada Gazette on June 12, 2010, the Minister of Citizenship, Immigration and Multiculturalism is inviting submissions from candidates interested in undertaking the responsibilities of a governing body for the regulation of immigration consultants. Candidates must demonstrate that their organization has or will have the capacity to effectively regulate immigration consulting activities in the public interest, thereby enhancing public confidence in the immigration process and preserving the integrity of the immigration system.

Selection Process

A selection committee comprised of officials from Citizenship and Immigration Canada (CIC), other federal organizations and external experts will examine all submissions in relation to the selection factors listed in the call for submissions published in the Canada Gazette on August 28, 2010, and posted on its website. A brief summary of the selection factors is outlined below.

Selection Factors – Highlights

1. Competence – Among other factors, candidates must demonstrate that they employ or will employ individuals with demonstrated knowledge and experience, and that they have acquired or have developed a plan to acquire the expertise to set adequate standards of competence, practice and ethical conduct, and official language standards.
2. Integrity – Candidates must demonstrate how they will protect the Canadian public and those who use the services of immigration consultants; enhance public confidence in the immigration process; and preserve the integrity of the immigration system through, among other actions, the development of a code of conduct and a code of ethics for members of the board of directors and a conflict of interest code for immigration consultants.
3. Accountability– Candidates must demonstrate how they plan to foster a culture of transparency and openness to ensure they are accountable to their membership and to the Canadian public. This includes a commitment to the democratic election of directors, annual public meetings, and external audits and regular reporting.
4. Viability – Candidates must demonstrate that they have acquired or have developed a plan to acquire expertise in financial management and reporting and are able to ensure the same on an ongoing basis. This includes plans to ensure a membership base that would provide for sustainability of the body, and to promote membership. Candidate entities must be incorporated, or capable of being incorporated, as a non-profit corporation under federal law.
5. Good Governance– Candidates must demonstrate how the board of directors will contribute to the positive reputation of the regulator and the profession and how governance expertise will be developed and reflected in the composition and training of directors. In addition to sound corporate governance and financial expertise, candidates must demonstrate an ability to engage in strategic planning and organizational performance management and evaluation. Candidates must also demonstrate how they will inform members and consumers of the services of immigration consultants of the activities, finances and purposes of the regulator as well as their rights and obligations.

Evaluation Process

Candidates will need to demonstrate that they have or will have the capacity to meet the established organizational competencies that serve as selection factors for this process. Candidates will be evaluated on their vision, their understanding of the scope and depth of the task at hand, and the experience and expertise they can bring toward establishing and running a regulatory body.

Candidates must set out, in detail, how they meet the requirements and must provide supporting documentation to demonstrate how the selection factors are met, such as a financial plan, a human resources plan, codes of conduct or other appropriate documents. Supporting documentation on resource requirements and potential sources of funding must be provided.

Interested parties have until 4 p.m. (EST) on December 29, 2010, to deliver their submissions.

For a complete list of selection factors, information on the evaluation process and how and where to send submissions, please refer to the call for submissions posted on the Canada Gazette website.