12 Filipino Journal
Alberta
The Pulse of the Filipino Community
March/April 2012
Bill C-35: It is now illegal for Employment and Educational Agents to represent clients, process their LMOs, Work Permits, Study Permits or handle immigration related matters.
Immigration News by Columbio (Jon) Salvador, BSc.
Certified Canadian Immigration Consultant
(About the writer: Jon Salvador is a licensed immigration consultant and a member in good standing with the Immigration Consultants of Canada Regulatory Council (ICCRC). He has more than 20 years of management and business experience in Canada. Prior to establishing his immigration consulting company, he worked for a U.S. based computer company and then at TELUS, the 2nd largest telecom company in Canada in various management positions. He is originally from Manila, Philippines and graduated from DLSU (De La Salle University) in Manila with a Bachelor’s degree in Mechanical Engineering. He also studied Business Management at the University of Alberta in Edmonton. If you would like to request articles on other immigration topics for future “Alberta Filipino Journal” publications, you can contact Jon at (403) 241-6276 or at jon@nuerainc.ca or the publisher of this newspaper.
Bill C-35 an Act to Amend the Immigration and Refugee Protection Act (formerly called the Cracking Down on Crooked Consultants Act) came into force effective June 30, 2011. I have received several requests to republish the news article about this new law affecting employment and educational agents across Canada. As per Bill C-35 the new Federal law, it is now illegal for Employment/Recruiting and Educational Agents for a fee - to represent clients (ie. employers, employees or students), handle and process their Labour Market Opinion (LMOs), Work
on.ca/LawyerParalegalDirectory/ 1. Representing an Employer in NOTE: “Authorized under index.jsp) admits paralegals as an LMO or AEO application IRPA” means the person doing members. 2. Communicating with the work must be an authorized Citizenship and Immigration representative as defined by Bill Important Notice from Service Canada (CIC), the Canada C-35 (ie. a licensed Immigration Alberta Border Services Agency (CBSA), Consultant who is a member Last month, letters were sent the Immigration and Refugee in good standing with ICCRC, out by Service Alberta to all Board of Canada (IRB) or a licensed lawyer or registered Employment Agencies in Alberta Human resources and Skills member of the Chambre des regarding the impact of Bill C-35. Development Canada (HRSDC)/ notaires du Québec or a Paralegal Service Canada on behalf of the in Ontario who is a member in good standing of the Law Society Listed below are excerpts from client. the Notice sent out by Service 3. Explaining and providing of Ontario). Alberta in Dec. 2011: immigration advice the Employer and 4. Providing guidance on how to Only “As a result of the amendments select the best immigration stream authorized representatives can to the Immigration and Refugee and completing the appropriate sign the last 2 pages of the LMO Protection Act (IRPA), the policies forms application forms. (eg. HRSDC related to the preparation of the 5. Representing the client in Form EMP 5512 (Low Skill jobs) labour market opinion (LMO) and an immigration application or and HRSDC Form EMP 5517 arranged employment opinion process (High Skill jobs) and HRSDC (AEO) processed by Service 6. Advertising that they can Form EMP 5520 – Annex to NOTE: Stiff penalties of up to two Canada have changed.” Appointment of Representative provide immigration advice” (2) years imprisonment and/or up Form). to $100,000 in fines are stipulated “The amendments to IRPA change “Any employment agency that for persons convicted of offences the regulatory regime for who provides any of the above services Due to Bill C-35, employment covered by Bill C-35. can represent employers, TFWs, to an employer or to a person agencies – who plan to legally immigrants or any other person seeking employment and collects continue to perform immigration Who are considered authorized in matters related to immigration fees from the client, regardless related work need an authorized representatives? processes, including LMOs and of whether the fees are for that representative in their staff. Under Bill C-35 only members AEOs.” immigration related service must The other option is to outsource in good standing of the following immigration related services to be authorized under IRPA” organizations are recognized “Only lawyers and paralegals in authorized representatives. by the Canadian government as good standing with a provincial or authorized representatives to territorial law society, notaries in See the samples of the LMO form pages as shown below: do immigration or immigration good standing with the Chambre HRSDC Form EMP 5512 related work : des notaries du Quebec and 1. Members of Immigration immigration consultants in good Consultants of Canada standing with the Immigration Regulatory Council (ICCRC). Consultants of Canada 2. Licensed Canadian lawyers Regulatory Council will be able and members of the Chambre des to charge fees for immigration notaires du Québec. processes, including LMO and 3. Ontario Paralegals who are AEO applications.” members in good standing of the Ontario Law Society. “Employment Agencies that NOTE: At this time, only the provide any of the following Province of Ontario’s Law services are impacted: Society, the Law Society of Upper Canada, (www1.lsuc. NOTE TO EMPLOYERS and Permits, Study Permits or process immigration related matters (eg. PR applications) unless they have a license as: an Immigration Consultant (ie. registered member of ICCRC), a Lawyer (ie. registered member of the Law Society of Alberta or any other provincial Law Society) or a Paralegal who is a registered member of the Law Society of Ontario. Under Alberta’s Fair Trading Act, the Employment Agency or Recruiters license from Service Alberta allows agencies to do recruiting work but it does not authorize recruiters to do immigration or any immigration related work (eg. LMOs, Work Permits, AEOs, etc.)
HRSDC Form EMP 5520 - Annex to the Appointment of Representative
FOREIGN WORKERS: If the Employment Agent or Consultant with whom you are dealing with and paid fees to - refuses or does not fill out and sign the last 2 pages of the LMO forms and the Annex to Appointment of Representative Form to indicate that they are a paid representative, chances are they are not an authorized representative and should be reported to Service Canada and the ICCRC for investigation of possible illegal activities.
HRSDC EMP 5512 - APPOINTMENT OF REPRESENTATIVE form
You can report suspected illegal activities to ICCRC at: 5500 North Service Road, Suite 1002 Burlington, Ontario, L7L 6W6 Tel: 1-877-836-7543 (toll free) Fax: 1-877-315-9868 (toll free) Email: info@iccrc-crcic.ca
Legal Disclaimer: This news article is designed for general information only. The information presented in this article should not be construed to be formal legal advice or the formation of a consultant/client relationship. Each individual situation is different and people should seek proper advice on their specific cases with a licensed immigration consultant of their choice.
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