New provincial legislation will target “bad actor” immigration consultants who prey on newcomers — with a “name and shame” rule for offenders as well as a possible lifetime ban from the profession.
Minister of Labour and Immigration David Piccini said Wednesday he’s setting out new, tougher rules for immigration representatives, saying many are “diligent and honest, but we know there are bad actors who exploit vulnerable newcomers, scamming them out of their life savings, lying to them with a fake job acceptance letter, coercing them into forging documents, jeopardizing their immigration status, and some immigrants are forced into horrendous and even more exploitative situations.”
Speaking in Brampton, where he made the announcement with local Mayor Patrick Brown, among others, Piccini said the new legislation “will crack down on immigration scams by creating new standards and enforcement tools … these new standards will require representatives to be accountable and to be honest with immigrants they’re working for.”
Under the changes, consultants will have to show proof they are licensed, draw up written contracts with clients and allow them to see their files.
Minimum penalties for fraud will be a three- to 10-year ban from the profession, and a lifetime ban for anyone convicted of human trafficking or withholding an applicant’s passport.
Fines for representatives or employers who lie during the application process — or urge their client to be dishonest — rise to $10,000 from $2,000.
There are about 12,300 licensed immigration consultants in Canada, and almost 5,600 are in Ontario. Over the past five years, 153 people across the country have been charged with fraudulent immigration consultant offences.
“It is unfair for new immigrants to be taken advantage of,” MPP Patrice Barnes, Piccini’s parliamentary assistant, said Wednesday in the legislature.
“This is about levelling the playing field, protecting our workers and ensuring Ontario remains a place workers are treated unfairly and honestly.”
Stef Lach, spokesperson for the College of Immigration and Citizenship Consultants, called the proposed changes a “positive step to protect prospective immigrants to Ontario. Licensees of the college are required to comply with all applicable federal and provincial laws. If Ontario brings in legislative requirements, those would automatically become a college regulatory requirement.”
The college itself “can impose disciplinary measures up to and including permanent licence revocation, restitution and fines,” he added.
In an editorial board meeting with the Toronto Star on Wednesday, federal Immigration Minister Marc Miller said “I’ve always wanted (the Ford government) to assume some level of responsibility, so I’ll take anything at this point, but I need them to do more,” reports the Star’s Ryan Tumilty.
Syed Hussan, executive director of the Migrant Workers Alliance for Change, said the problem is that most of the offenders are “fly-by-night operators” and that newcomers need both the provincial and federal governments to step up.
“Once a person has been misled, what recourse do they have? How does the person get any money back?” he said. ”…There’s nothing in this regulatory process that allows migrants to have any reparations, or justice.”
