Ottawa put new fines into force on October 28, 2026, for people who break federal rules while providing paid immigration or citizenship advice or representation. The government can impose penalties of up to $1.5 million across violations.
Background: IRCC Announces $1.5 Million Fine for Fake Immigration Consultancy
The measures reach authorized representatives as well as people who provide paid services without authorization. Immigration, Refugees and Citizenship Canada (IRCC) says the rules apply regardless of where the adviser works.
Immigration Minister Lena Metlege Diab said the measures are intended to protect applicants and hold rule-breakers accountable. She said most paid representatives follow the rules.
“Anyone hoping to build a future in Canada deserves access to trustworthy and accurate immigration and citizenship advice. These new measures will help protect people from fraud and misconduct and hold those who break the law accountable. While most people providing paid advice and representation follow the rules, those who do not will face consequences. This will help protect applicants and strengthen the integrity of Canada's immigration and citizenship systems.”
Paid representatives face the rules wherever they work
The rules cover licensed immigration consultants, lawyers and other authorized representatives, along with anyone else who charges for advice or representation without authorization. The department identifies lawyers and members of the College of Immigration and Citizenship Consultants as authorized providers.
The scope crosses borders. If IRCC finds that a representative outside Canada broke the rules, it can issue a penalty and publish the person’s name and details of the misconduct on its website.
Three kinds of conduct can trigger separate penalties
The penalty schedule sets different amounts for unauthorized paid services, misrepresentation and failure to cooperate with an inspection.
| Violation | Penalty |
|---|---|
| Providing paid advice or representation without authorization | $5,000 |
| Knowingly giving false or misleading information for an applicant, or helping the applicant do so | $15,000 |
| Failing to provide documents required in a compliance inspection | $10,000 |
The inspection-related amount is added to any other penalties for violations found. It can rise or fall based on a representative’s prior violations. A higher penalty may also apply if an application succeeds because of false or misleading information. Repeat violations can increase the total.
IRCC’s guidance on conduct that breaks the rules says paid representatives violate the law by practising without authorization, knowingly taking part in misrepresentation or withholding documents requested to check compliance. Misrepresentation includes advising someone to give false, incomplete or misleading information, helping them do so, or submitting it on their behalf.
An inspection can lead to a written notice and a response window
An officer who has reasonable grounds to suspect a breach can inspect documents and set a deadline for their production. If an officer has reasonable grounds to believe a violation occurred, IRCC may issue a preliminary notice.
A recipient has 30 days from receiving that notice to respond in writing to the alleged violations, the facts and the proposed penalty. The recipient can also ask for more time.
A third option is an affidavit explaining that the recipient cannot dispute the alleged facts without revealing information protected by litigation privilege, solicitor-client privilege or professional secrecy. The department says lawyers in good standing with a provincial or territorial law society, Quebec notaries in good standing, and supervised students-at-law may be unable to provide documents covered by those protections.
The compliance guidance describes the system as a way to encourage compliance, not punish past conduct. A recipient of a notice will not be penalized later for conduct that happened before its date, and the regulations apply only to conduct after they took effect.
The penalty system sits alongside existing professional and criminal enforcement
The measures build on Bill C-35, An Act to amend the Immigration and Refugee Protection Act, which received Royal Assent during the 40th Parliament, 3rd Session. The bill changed how third parties involved in immigration matters are regulated.
It extended the prohibition on paid representation or advice, including offers to provide it, across all stages connected to an application or proceeding. The prohibition can apply before an application is filed or a proceeding begins. The legislation also set out exemptions for specified members of provincial law societies, Quebec notaries, supervised students-at-law, members of a minister-designated body, and people or entities acting for that body under an agreement with the federal government.
Bill C-35 also gave the immigration minister powers to make transitional regulations concerning a body’s designation or revocation. Regulations can require a designated body to provide information so the minister can assess whether it governs members in the public interest. The law also facilitates information-sharing with regulators about members’ professional and ethical conduct.
For certain summary-conviction proceedings, the legislation extended the period for starting a case from six months to 10 years. Professional regulators can impose discipline separately, while the Canada Border Services Agency and the Royal Canadian Mounted Police may investigate and prosecute criminal offences such as fraud, misrepresentation and counselling misrepresentation.
The public registry is expected after the first penalties
IRCC plans to publish the names of people penalized and details of their violations. The online registry is expected to launch in 2027, after the first penalties are administered. People who believe a penalty was issued incorrectly can ask for a review through a formal process.
The draft regulations appeared in the Canada Gazette, Part I, on December 21, 2024. The final regulations are scheduled for publication in the Canada Gazette, Part II, on November 4, 2026. IRCC advises people to confirm that an adviser is authorized before paying for immigration or citizenship services.
