Immigration consultants should note that Canada has introduced a new administrative penalties regime for people and entities involved in paid immigration and citizenship representation and advice. The regime covers unauthorized practice, specified misrepresentation-related conduct and failure to comply with certain inspection document requests.
The Regulations Amending the Immigration and Refugee Protection Regulations (Administrative Penalties and Consequences), registered as SOR/2026-220, came into force on October 23, 2026. They were published in the Canada Gazette, Part II, on November 4, 2026, and add Part 19.2 to the Immigration and Refugee Protection Regulations. Immigration consultants should review how the changes apply to their work.
The rules apply to unauthorized individuals as well as authorized immigration consultants, lawyers, Quebec notaries and other representatives where the regulated conduct falls within the designated violations. The stated purpose is to encourage compliance rather than punish.
Table of Contents
What the New Rules Cover
A person must not knowingly, directly or indirectly, represent or advise another person for consideration—or offer to do so—in connection with an expression of interest, proceeding or application under the Immigration and Refugee Protection Act unless the person is authorized under the Act. Immigration consultants must therefore distinguish authorized services from prohibited conduct.
The regime therefore targets paid immigration advice and representation provided by people outside the authorized categories established by Canadian law. Authorized representatives, including immigration consultants, remain responsible for complying with the Act, its regulations and their professional obligations.
The regulations also prohibit a person who provides or offers paid representation or advice from knowingly:
- counselling, inducing, aiding, abetting or attempting to assist a client in misrepresenting or withholding material facts;
- directly or indirectly misrepresenting or withholding material facts themselves; or
- communicating false or misleading information or declarations with the intent to induce or deter immigration to Canada.
These provisions apply where the conduct induces or could induce an error in the administration of the Act. They are not limited to false statements made directly by an applicant. Immigration consultants should take care not to participate in any of the listed conduct.
IRCC Officers Can Inspect Records
An officer may conduct an inspection where there are reasonable grounds to suspect that a person has committed a violation. The inspection may include an entity for which the person conducts business relating to immigration or citizenship representation and advice.
During an inspection, an officer may require the person or entity, in writing, to provide relevant documents within a specified period and in a specified manner. Failure to comply is a designated violation unless the regulatory justification applies. This requirement can affect immigration consultants and entities providing related services.
The failure is justified if the person or entity made all reasonable efforts to comply or if the failure resulted from something done or omitted in good faith.
Privilege protections also apply. A lawyer, Quebec notary or other person covered by the relevant provisions may submit an affidavit stating that the documents contain information subject to litigation privilege, solicitor-client privilege or the professional secrecy of advocates and notaries. An entity may submit an affidavit concerning documents connected to a person covered by those protections.
A Preliminary Notice Comes First
The enforcement process must begin with a preliminary notice before an officer can issue a notice of violation.
Where an officer has reasonable grounds to believe that a person committed a violation, the officer may provide written preliminary notice. The notice must identify the alleged violations, relevant facts, provisions at issue, proposed penalties and applicable prior-violation multiplier.
The recipient generally has 30 days after receiving the preliminary notice to make written submissions, submit a qualifying privilege affidavit or request an extension. Immigration consultants receiving such a notice should review the stated deadline and requirements. An officer may grant an extension where there is reasonable justification.
A preliminary notice is not a final finding and is not itself published. The regulations require the preliminary process to occur before a notice of violation may be issued.
How Notices of Violation Work
After the preliminary period expires, an officer may issue a notice of violation if the officer determines, on a balance of probabilities, that the person committed a violation.
The notice must state the relevant facts, provision at issue, determination, reasons, penalty for each violation, total penalty and any adjustment based on prior violations or the applicable maximum.
The recipient has 30 days after receiving the notice to request a review of the violation, the penalty or both. The request must identify the grounds and cannot include new evidence.
If the recipient does not request a review within the required period and in the required manner, the person is deemed to have committed the violations. Payment of the penalty, or entering into a payment agreement with the Minister within the applicable period, also results in the person being deemed to have committed the violations.
Penalty Amounts
For unauthorized practice and the specified misrepresentation violations, the penalty is calculated using the formula “(A + B + C) × D.” Immigration consultants should understand that the calculation can include more than the baseline amount.
- A is the baseline penalty.
- B is an additional amount linked to the impact of a misrepresentation violation.
- C is any financial advantage obtained through the violation.
- D is the multiplier for qualifying prior violations.
| Violation | Baseline penalty |
|---|---|
| Unauthorized paid representation or advice | $5,000 |
| Counselling or assisting misrepresentation | $15,000 |
| Directly misrepresenting or withholding material facts | $15,000 |
| Communicating false or misleading information | $15,000 |
| Failure to provide documents during an inspection | $10,000 multiplied by the applicable prior-violation factor |
An additional $15,000 is added for a specified misrepresentation violation if an error in the administration of the Act results from the violation. If the person obtained a financial advantage, the amount received in connection with the violation is also included in the calculation.
The prior-violation multiplier is 0.5 where the person has not previously been deemed to have committed, or determined by a reviewer to have committed, a qualifying violation under the immigration or citizenship regime. The multiplier is 1 in the circumstances specified for prior violations listed in one notice, or in two notices issued on the same date. It is 1.5 in other cases involving qualifying prior violations.
If a notice of violation lists multiple violations and the calculated total exceeds $1.5 million, the total is reduced to that amount. Penalties under an immigration notice and a citizenship notice issued on the same date are cumulative, but the combined total cannot exceed $1.5 million.
Reviewers Can Confirm, Amend or Cancel a Penalty
A person who requests a review may challenge the notice of violation, the penalty or both, but cannot introduce new evidence. Immigration consultants may use this process where a notice or penalty is disputed.
The reviewer must determine, on a balance of probabilities, whether the person committed each violation under review and, if so, whether the penalty was calculated according to the regulations.
If no violation was committed, the reviewer must cancel the penalty. If a violation occurred, the reviewer may confirm the penalty or correct the amount where it was not calculated in accordance with the rules.
The reviewer then issues a notice of decision confirming, amending or cancelling the notice of violation. The notice must include reasons and information about the right to seek leave for judicial review.
Publication of Confirmed Violations
The Minister must publish information on the department’s website for each person who is deemed to have committed a designated violation or is determined by a reviewer to have committed one.
The published information must include the person’s name; the name and address of the person’s business or place of employment, if applicable; the date of the notice or decision; the violation and provision at issue; the penalty; and whether the penalty has been paid.
The information cannot be published before the end of the 30-day period available to request a review. A preliminary notice is therefore not the same as a public finding.
What the Regime Means for Immigration Consultants
The new framework is broader than immigration consultants alone. It applies to unauthorized paid representatives and may also apply to authorized immigration consultants, lawyers, Quebec notaries and related entities where the conduct meets the designated violations.
The regime does not make every application error an administrative violation. The designated provisions focus on knowingly providing unauthorized paid advice or representation, knowingly engaging in specified misrepresentation conduct, or failing to comply with an inspection document request without a recognized justification.
Immigration consultants and other representatives should review client-intake procedures, advertising, document-handling practices and internal controls for application information. Applicants should verify that a paid representative is authorized before signing a retainer or allowing that person to communicate with the Canadian government on their behalf.
Applicants should also review forms and supporting documents before submission and should not follow advice to hide or alter material information.
The regulations came into force on October 23, 2026, the day they were registered. They create a new federal administrative enforcement route for unauthorized representation and specified misrepresentation, alongside existing professional, civil and criminal consequences.
Frequently Asked Questions
When did Canada’s new immigration consultant penalty rules take effect?
The regulations came into force on October 23, 2026, the day they were registered.
What is the baseline penalty for unauthorized immigration advice?
The baseline administrative monetary penalty for unauthorized paid representation or advice is $5,000 before the applicable prior-violation multiplier.
How much can an immigration consultant be fined for misrepresentation?
The baseline penalty for each of the specified misrepresentation violations is $15,000. Additional amounts may apply for an administrative error, financial advantage and prior violations.
Can a person challenge an immigration consultant penalty?
Yes. A person who receives a notice of violation may request a written review of the violation, the penalty or both within 30 days after receiving the notice. New evidence cannot be included in the review request.
Will Canada publish the names of people found to have violated the rules?
The Minister must publish specified information about people who are deemed to have committed a violation or are determined by a reviewer to have committed one, subject to the regulation’s timing requirements.
Fact-Checked: Checked against Canada Gazette, Part II, SOR/2026-220, registered October 23, 2026 and published November 4, 2026.
Disclaimer: This article is general information and is not legal advice.
Leave a Reply