Ontario to Regulate Immigration Consulting: The Case for Stronger Provincial Oversight of Immigration Consultants in Canada

Ontario has announced new legislation regulating immigration consulting that aims to protect newcomers against fraud and exploitation as they navigate the immigration system to Canada. Ontario has the largest share of newcomers to Canada, receiving 43% of total numbers. This will number approximately 173,000 in 2025, across all permanent immigration programs. It becomes the third province to regulate immigration consulting, along with Quebec and Saskatchewan.

The Ontario Immigrant Nominee Program (OINP) is Ontario’s Provincial Nominee Program (PNP) that allows the province to nominate individuals for permanent residence to Canada, under its economic immigration programs. 

In recent years, there is increased attention on pathways offered by the provinces for immigrants to secure permanent residence under economic immigration programs. The latest annual immigration levels presented to Parliament, place continued focus on the role of the provinces which face in 2025, a 55% reduction in the annual numbers of candidates who will qualify for nomination by the provinces. This will leave immigrants with fewer options to Canada and increased risk for exploitation, after years of substantial increases in the annual immigration levels to Canada set to peak by the end of 2024 at nearly 500,000.

Ottawa, through Immigration, Refugees and Citizenship Canada (IRCC), regulates the practice of immigration consulting across federal programs, under the Immigration and Refugee Protection Act (IRPA). 

The regulation of immigration consultants in Canada has evolved significantly over the past two decades, moving through three key phases of federal regulatory bodies aimed at increasing oversight, protecting consumers, and professionalising the field. 

The current federal regulator, introduced in 2021, the College of Immigration and Citizenship Consultants (CICC), is the third iteration in this evolution. With more than 12,000 consultants who provide advice and representation on federal immigration matters and thousands of pending complaints, many dating back to the prior regulatory body Immigration Consultants of Canada Regulatory Council (ICCRC), there are ongoing challenges facing federal authorities in regulating immigration consultants. Regulation of immigration consultants by the provinces is garnering increased interest as instances of malfeasance increases.

The Role of the Provinces to Regulate Immigration Consultants: A Shared Jurisdiction with Ottawa

Ottawa’s authority to regulate immigration consulting is paramount and stems from the Constitution Act, 1867 which assigns jurisdiction over immigration to both the federal and provincial governments under Section 95. This makes immigration a shared responsibility, allowing provinces to adapt or influence immigration policies within their specific jurisdictions, subject to federal law. Provinces negotiate immigration agreements with the federal government to address their specific labour market and demographic needs.

At the federal level, section 91 of the federal Immigration and Refugee Protection Act (IRPA), requires immigration consultants to be licensed by a designated regulatory body—the College of Immigration and Citizenship Consultants (CICC)—to represent individuals in immigration matters at the federal level. This excludes PNPs like OINP. 

Thus, while Immigration, Refugees and Citizenship Canada (IRCC), retains the power to regulate consultants advising on immigration matters involving federal programs, there is increased involvement of the provinces in permanent residence applications under Provincial Nominee Programs. The complexity of current immigration policies increasingly requires support by the provinces for applicants to succeed to Canada, under what has become a two-step immigration process.

Immigration consultants frequently represent applicants for permanent residence involving provincial nomination. Saskatchewan, in its regulations introduced in July 2024, requires consultants to be members of the College of Immigration and Citizenship Consultants (CICC) and to formally register with the province as a condition to represent applicants under SINP. Ontario will likely follow a similar process.

Quebec has added additional criteria, largely related to French language competencies, for immigration professionals to operate in the province.

Provincial Case for Regulatory Authority: Consequences

Given the complexity of immigration applications and the potential for misconduct in the field, stakeholders can expect to see more provinces adapting regulation of immigration consultants.

This will give rise to a number of consequences for provincial regulators, consumers and practitioners. Provincial regulators must ensure it has capacity to effectively enforce its regulations. Consumers will find it increasingly difficult to understand who is qualified and authorised to best represent them, as the immigration consulting industry currently has more than 12,000 immigration consultants and 2500 immigration lawyers across Canada. Immigration lawyers, approved to operate under section 91 IRPA, are regulated by provincial law societies.

Immigration professionals, including immigration lawyers, who wish to operate across multiple jurisdictions, will face increased regulatory compliance requirements, at additional cost, in each province they wish to operate.

Conclusion

While IRCC retains primary authority over the regulation of immigration consultants under the Immigration and Refugee Protection Act (IRPA), the provinces including the two largest in Quebec and Ontario, impose additional oversight on consultants advising applicants under their provincial immigration programs. 

Ottawa and the provinces that regulate immigration consulting, must ensure effective collaboration to avoid jurisdictional conflicts for the public to be adequately informed and protected from potential misconduct or incompetence in the field of immigration consulting.

FAQ: Ontario’s Regulation of Immigration Consulting