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Second Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 208

THE IMMIGRATION CONSULTANTS ACT


Table of Contents Explanatory Note

(Assented to                                             )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           The following definitions apply in this Act.

"immigration consultant" means a person who, for a fee, provides others with advice and direction on immigration related matters. (« consultant en immigration »)

"minister" means the Minister of Labour and Immigration. (« ministre »)

"prescribed" means prescribed by regulation.

"register" means the register of immigration consultants. (« registre »)

Purposes

2           The purposes of this Act are to

(a) protect persons who are seeking advice and direction on immigration-related matters;

(b) enhance the reputation of immigration consultants; and

(c) promote the practice of immigration consulting.

Appointment of registrar

3(1)        The minister may appoint a person as the registrar of immigration consultants.

Duties of registrar

3(2)        The registrar may

(a) maintain a register of immigration consultants in the prescribed form;

(b)  administer examinations of applicants; and

(c) perform the duties and may exercise the powers conferred on the registrar by this Act and the regulations.

Register to be open to the public

3(3)        The registrar must ensure the register is open to the public during usual office hours and is on the Internet.

Registration

4(1)        A person may apply to the registrar in order to have his or her name listed on the register.

When person may be registered

4(2)        The registrar may register a person only if he or she is satisfied

(a) the person has successfully completed the prescribed examination;

(b) the person has paid the prescribed fee; and

(c) the past conduct of the person does not give reasonable grounds to believe that the person will fail to provide immigration consultant services in accordance with the law and with integrity and honesty.

Removal from register

4(3)        The registrar may remove the name of a person from the register if he or she is satisfied the person's conduct gives him or her reasonable grounds to believe that the person has failed to provide immigration consultant services in accordance with the law and with integrity and honesty.

Use of logo

5           A person may use the prescribed immigration consultant logo on an advertisement, business card or other promotional material only if his or her name is on the register.

Regulations

6(1)        The minister may make regulations

(a) prescribing the form and content of the register;

(b) prescribing an immigration consultant logo;

(c) respecting an examination to be completed by a person seeking to be registered under this Act;

(d) prescribing fees.

Incorporation by reference

6(2)        A regulation under clause (1)(c) may adopt by reference, in whole or in part and with such changes as are considered necessary, any examination or standard used or approved by another entity.

Coming into force

7           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill enables the establishment of an immigration consultants register.