Administrative penalties for citizenship advisers

Summary#

This is a proposed set of rules called Regulations Amending the Citizenship Regulations (Administrative Penalties and Consequences). It would create a system of inspections, fines and public reporting for people who give or sell representation or advice about citizenship applications and related proceedings. The proposal was published on December 21, 2024 and the public can comment for 45 days after that publication.

What it does#

• Makes it unlawful for someone to charge money to represent or advise another person about citizenship matters unless they are a person or entity allowed under the Citizenship Act (the proposal refers to subsections 21.1(2) to (4)).
• Bars specific dishonest conduct when giving paid representation or advice, including inducing false statements, committing fraud, hiding important facts, or communicating false or misleading information.
• Gives citizenship officers the power to inspect people and businesses that provide citizenship representation and advice, and to require documents during an inspection.
• Creates a two-step enforcement process: a written notice of a preliminary finding, then a notice of violation if the officer determines a violation occurred.
• Sets monetary penalties using a formula that starts from baseline amounts:
  • baseline $5,000 for some offences and $15,000 for others;
  • an added $15,000 where the violation caused an error in how the Citizenship Act was applied;
  • a specific penalty of $10,000 for failing to provide required documents during an inspection (subject to a multiplier for previous violations).
• Applies a multiplier for prior violations of 0.5, 1, or 1.5 depending on past findings against the same person.
• Caps total penalties in a single notice at $1.5 million.
• Requires payment or a request for review or payment arrangement within 30 days of a notice.
• Allows a reviewer (appointed under the Citizenship Act) to reconsider the facts and the penalty, but the reviewer must base their decision on the same information the citizenship officer had (no new evidence).
• Requires the department to publish the names, business details, facts of the violation, penalty amount and whether it was paid on its website after the review period ends.

Who's affected#

• People, businesses or firms that charge fees to represent or advise others about citizenship applications, certificates of citizenship, renunciations, or other citizenship proceedings.
• Anyone who gives paid advice on citizenship but is not an authorized person under the Citizenship Act reference in the proposal.
• Service providers who could be inspected or required to give documents to citizenship officers.
• Applicants for citizenship could be indirectly affected if the rules change who is allowed to represent them or if dishonest advisers are deterred.
• The proposal says violations committed outside Canada can be designated as violations, so some foreign-based advisers could also be affected.

Why it matters#

• If adopted, the rules would make it riskier for paid advisers who give bad or dishonest citizenship advice. They could face large fines and public naming on the department’s website.
• The measures aim to protect people applying for citizenship from fraud and misleading advice, and to improve integrity in the citizenship process.
• For small businesses or individuals who provide immigration or citizenship help, the rules introduce new compliance obligations, inspections and financial risk.
• This is a proposed regulation, not law yet. The government invited comments for 45 days after publication on December 21, 2024.