Overview
Legal Framework for Immigration and Citizenship Representation in Immigration and Refugee Protection Act (IRPA), Section 91:
Under Section 91 of the Immigration and Refugee Protection Act (IRPA), it is prohibited for any person to knowingly, directly, or indirectly represent or advise on immigration matters for a fee unless they fall into one of the following categories:
(a) A lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec.
-(b)Any other member in good standing of a law society of a province or the Chambre des notaires du Québec, which includes paralegals.
-(c)A member in good standing of the designated regulatory body, which is the Immigration Consultants of Canada Regulatory Council (ICCRC).
Citizenship Act, Section 21.1:
According to Section 21.1 of the Citizenship Act, it is an offence for any person to knowingly, directly, or indirectly represent or advise for consideration—or offer to do so—in connection with a proceeding or application under the Citizenship Act. However, this provision does not apply to:
-(a) A lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec.
-(b)Any other member in good standing of a law society of a province.
-(c) A member in good standing of a body designated under subsection (5), which includes the ICCRC.
These sections ensure that representation and advice regarding immigration and citizenship matters are conducted by qualified and regulated professionals, safeguarding the integrity of the immigration system and protecting individuals seeking assistance.
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