Canada Gazette, Part I, Volume 158, Number 51: Regulations Amending the Citizenship Regulations (Administrative Penalties and Consequences)

December 21, 2024

Statutory authority
Citizenship Act

Sponsoring department
Department of Citizenship and Immigration

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the Regulations Amending the Immigration and Refugee Protection Regulations (Administrative Penalties and Consequences).

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Regulations Amending the Citizenship Regulations (Administrative Penalties and Consequences) under paragraphs 27(1)(k.6) to (k.9)footnote a and subsection 27(3)footnote b of the Citizenship Act footnote c.

Interested persons may make representations concerning the proposed Regulations within 45 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Tina Matos, Director General, Admissibility Branch, Department of Citizenship and Immigration, 180 Kent Street, 8th Floor, Ottawa, Ontario K1P 0B6 (email: IRCC.APC-SCA.IRCC@cic.gc.ca).

Ottawa, December 13, 2024

Wendy Nixon
Assistant Clerk of the Privy Council

Regulations Amending the Citizenship Regulations (Administrative Penalties and Consequences)

Amendments

1 Section 2 of the Citizenship Regulations footnote 1 is amended by adding the following in alphabetical order:

reviewer
means a person appointed by order under subsection 27(4) of the Act. (réviseur)

2 The Regulations are amended by adding the following after section 33:

System of Administrative Penalties and Consequences — Representation and Advice

Purpose

34 The purpose of the administrative penalties and consequences provided for in these Regulations is to encourage compliance with the provisions of the Act and these Regulations and not to punish.

Violations

35 The contravention — including a contravention committed outside of Canada — of any of the following provisions in connection with a proceeding or application under the Act is designated as a violation:

Prohibitions

36 A person must not knowingly, directly or indirectly, represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under the Act unless they are a person or entity referred to in any of subsections 21.1(2) to (4) of the Act.

37 A person who, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under the Act must not knowingly

Inspection

38 (1) If a citizenship officer has reasonable grounds to suspect that a person has committed a violation, the citizenship officer may conduct any inspection that they consider to be necessary in order to verify that the person is in compliance with sections 36 and 37, including the inspection of any entity for which that person conducts business relating to the provision of immigration and citizenship representation and advice.

(2) When conducting an inspection under subsection (1), a citizenship officer may, in writing, require the person or entity to provide any relevant document.

(3) The person or entity that is required by a citizenship officer to provide documents must provide them within the period and in the manner specified in writing by the citizenship officer.

(4) A failure to comply with subsection (3) is justified if the person or entity made all reasonable efforts to comply or if the failure results from anything done or omitted to be done by the person or entity in good faith.

Notice of Preliminary Finding

39 (1) A citizenship officer who, on the basis of information obtained by any citizenship officer in the exercise of the powers set out in section 38 and of any other relevant information, believes, on reasonable grounds, that a person has committed a violation may issue to them a notice of preliminary finding.

(2) The notice of preliminary finding must list all violations identified in the course of the inspection conducted under subsection 38(1) and must indicate

40 (1) A person to whom a notice of preliminary finding is issued may, within 30 days after the date of receipt of the notice,

(2) A notice of preliminary finding is deemed to have been received 30 days after the day on which it is sent.

(3) A citizenship officer may extend the 30-day period referred to in subsection (1) if there is a reasonable justification for the extension.

Notice of Violation

41 (1) A citizenship officer who, on the basis of information obtained by any citizenship officer in the exercise of the powers set out in section 38 and of any other relevant information, determines on a balance of probabilities that a person has committed a violation may issue a notice of violation to them.

(2) The notice of violation must list all violations for which a determination has been made under subsection (1), and must indicate

(3) A notice of violation is deemed to have been received 30 days after the day on which it is sent.

42 No administrative monetary penalty may be imposed on a person with respect to any acts or omissions that occurred before the date of issuance of their most recent notice of violation.

Administrative Monetary Penalty Amount

43 (1) The amount of the administrative monetary penalty for a violation in respect of any of section 36 and paragraphs 37(a), (b) and (c) is determined by the formula

(A + B + C) × D
where
A
is the applicable baseline penalty amount set out in subsection (2);
B
is the amount, if any, related to the impact of the violation as set out in subsection (3);
C
is the financial advantage amount, if any, determined under subsection (4); and
D
is the multiplier for prior violations as determined under subsection (5).

(2) The baseline penalty amount is the following:

(3) If an error in the administration of the Act results from a violation in respect of paragraph 37(a) or (b), the amount related to the impact of the violation is $15,000.

(4) If the person who is believed to have committed the violation derives a financial advantage from the violation, the financial advantage amount is equal to the total of any amounts that they received in connection with the violation.

(5) The multiplier for any prior violations is

44 (1) The amount of the administrative monetary penalty for a violation in respect of subsection 38(3) is $10,000, multiplied by the multiplier for prior violations as determined under subsection 43(5).

(2) A failure to comply with subsection 38(3) on more than one occasion in the course of an inspection conducted under subsection 38(1) gives rise to one administrative monetary penalty only.

45 If a notice of preliminary finding or a notice of violation lists more than one violation, the administrative monetary penalty amounts are cumulative, but the total must not exceed $1.5 million.

Payment

46 Subject to section 47, an administrative monetary penalty that is assessed under these Regulations must be paid within 30 days after the date of receipt of the notice, unless the person enters into an agreement with the Minister with respect to payment within those 30 days.

Review

47 A person to whom a notice of violation is issued may, instead of paying the administrative monetary penalty indicated in the notice, make a written request, within 30 days after the date of receipt of the notice, for a review of the facts that constitute the violation or of the amount of the penalty, or of both.

48 (1) A reviewer must determine, on a balance of probabilities, whether the person who requests the review is liable for the violation and, if so, whether the amount of the administrative monetary penalty has been determined in accordance with these Regulations.

(2) The reviewer must make their decision based on the information that was available to the citizenship officer who issued the notice of violation, and no new evidence is admissible.

(3) If the reviewer determines that the person is not liable for the violation, the reviewer must cancel the administrative monetary penalty.

(4) If the reviewer determines that the person is liable for the violation, the reviewer must verify that the amount of the administrative monetary penalty was determined in accordance with these Regulations and

(5) On completion of the review, the reviewer must confirm, amend or cancel the notice of violation by issuing to the person a notice of decision.

(6) The notice of decision must list all violations for which a determination under this section has been made and must indicate

(7) The notice of decision is deemed to have been received 30 days after the day on which it is sent.

(8) The person must pay the administrative monetary penalty that is set out in the notice of decision within 30 days after the date of receipt of the notice unless they enter into an agreement with the Minister respecting the penalty within those 30 days.

Consequences

49 (1) Subject to subsection (2), the Minister must publish the following information on the website of the Department of Citizenship and Immigration with respect to each person who has been found liable for a violation referred to in section 35:

(2) The Minister must not publish the information before the end of the period set out in section 47.

Coming into Force

3 These Regulations come into force on the day on which they are registered.

Terms of use and Privacy notice

Terms of use

It is your responsibility to ensure that the comments you provide do not:

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