Canada cracks down on fake immigration advice, with fines of up to 1.5 million dollars in a single notice

The Canadian government has introduced tough financial penalties to stop fraud and irregularities carried out in the name of immigration and citizenship advice. Anyone who provides immigration advice or representation for a fee without authorisation can now face a fine of at least 5,000 dollars.

Immigration, Refugees and Citizenship Canada (IRCC) says the new rules took effect on 28 October. In cases of serious and repeated violations, the total fine in a single notice can reach as much as 1.5 million dollars.

Under the new rules, the base penalty for providing immigration or citizenship advice or representation for a fee without authorisation is 5,000 dollars. Knowingly providing false or misleading information on behalf of an applicant, or helping to provide such information, carries a base penalty of 15,000 dollars.

Failure to provide documents required for an IRCC investigation can bring a fine of 10,000 dollars. However, the amount will be increased taking into account the type and seriousness of the offence, the harm caused, the financial benefit obtained through the irregularity, and any history of previous offences.

Where the law is broken more than once, separate action may be taken for each offence. In total, the maximum limit for fines in a single notice has been set at 1.5 million dollars.

The rules do not apply only to unauthorised or fake immigration consultants. They will also apply to licensed immigration consultants, lawyers and other authorised representatives in Canada. Action can also be taken against a person located outside Canada who provides advice or representation on Canadian immigration or citizenship matters for a fee.

Providing immigration advice for a fee without authorisation, knowingly collecting wrong or incomplete information from an applicant, preparing an application with false information, and encouraging an applicant to provide false information will be treated as offences.

An important part of the new system is naming those who break the rules. Information about individuals and organisations fined for violations will be made public. To that end, there is a plan to launch an online list on the IRCC website in 2027. The list will publish the name of the person or organisation, the type of violation, the amount of the fine, and whether it has been paid. This will let immigration hopefuls check whether action was previously taken against a consultant or representative.

However, no one will be found guilty merely because a complaint is made. After an IRCC investigation and a preliminary notice, the person concerned will have 30 days to present their position in writing with necessary information and evidence. Even after a final fine notice is issued, an application for review of the decision can be made to an independent reviewer within 30 days.

According to the Canadian government, the main aim of the new rules is to protect immigration hopefuls from fraud and financial loss and to increase the transparency and credibility of the immigration system. IRCC has advised people interested in applying for immigration or citizenship in Canada to verify a consultant’s professional authorisation and licence before paying them any money.