New Requirements for Counsel who Charge a Fee for their Services
On December 13, 2003, proposed Regulations Amending the Immigration and Refugee Protection Regulations were prepublished in the Canada Gazette, Part I. These regulations govern lawyers and immigration consultants who appear before the Immigration and Refugee Board (IRB).
These regulations will require that any person who, for a fee, represents, advises or consults with a person who is the subject of a proceeding before the IRB must be an "authorized representative". An exception is made for certain transitional cases.
An "authorized representative" is defined as a member in good standing of either a bar of a province, the Chambre des notaires du Québec or the Canadian Society of Immigration Consultants.
Once the regulations come into force, upon accepting any retainer, counsel will be expected to provide the following information to the IRB, without delay and in writing:
- the name of the organization of which they are a member in good standing, and
- their membership identification number.
The IRB plans to develop an automated system that will keep track of such information, once counsel initially provides it. Until an automated system is in place, counsel will be required to provide this information to the IRB in each separate case file for which counsel is representing the subject of a proceeding.
This information can be provided by one of various methods, such as on an IRB form that has been amended for that purpose (for example, the Counsel Contact Information Sheet), or by including the organization name and membership identification number on counsel's letterhead or signature block in correspondence with the Board.
If this information is not provided, the IRB will not consider the counsel to be an authorized representative, will not deal with the counsel on that case file, and will treat the subject of the proceeding as unrepresented.
Dated at Ottawa, the 24th day of March, 2004.
Original signed by:
Jean-Guy Fleury
Chairperson
Immigration and Refugee Board