Canada Introduces Immigration Fraud Penalties of Up to C$1.5 Million; Unauthorised Agents Also Face Action

New rules cover paid immigration advisers in Canada and abroad, with penalties starting at C$5,000; government plans to launch a public registry of offenders in 2027

Canada has introduced new monetary penalties for misconduct by paid immigration and citizenship representatives, with combined violations attracting fines of up to C$1.5 million per notice.

The measures, brought into force by Immigration, Refugees and Citizenship Canada (IRCC), apply to licensed immigration consultants, lawyers and other authorised representatives, as well as individuals who charge for immigration or citizenship advice without authorisation.

The rules also cover representatives operating outside Canada, meaning overseas agents providing paid immigration services can face penalties under the new system.

Canada Sets Penalties for Immigration Fraud and Misrepresentation

Under the new framework, the baseline penalty for providing paid immigration or citizenship advice or representation without authorisation is C$5,000.

Knowingly providing false or misleading information on behalf of an applicant, or helping an applicant submit such information, carries a baseline penalty of C$15,000.

The actual amount will depend on several factors, including the nature of the violation, its consequences, any financial benefit obtained and the representative’s previous record of violations. Additional penalties may apply if false or misleading information results in an application being approved.

IRCC said the measures were designed to protect applicants from fraud and misconduct while ensuring that representatives are held accountable.

“Anyone hoping to build a future in Canada deserves access to trustworthy and accurate immigration and citizenship advice,” Immigration Minister Lena Metlege Diab said.

The minister added that most paid immigration representatives follow the rules, but the new penalties would help address misconduct.

Overseas Immigration Agents Also Covered

The regulations apply regardless of whether a representative operates within Canada or from another country.

IRCC said it would issue penalties and publish details of misconduct irrespective of where the person providing paid advice or representation was located.

The rules apply only to misconduct committed after they came into force. The department’s announcement did not identify any individuals who had already been penalised under the new system.

Public Registry of Penalised Immigration Representatives in 2027

The Canadian government plans to publish the names of penalised representatives and details of their violations on the IRCC website.

An online registry is expected to launch in 2027, after the first penalties have been imposed.

According to the department’s guidance, the registry will include:

• The representative’s name.
• Their business or employer.
• The type of violation.
• The amount of the penalty.
• Whether the penalty has been paid.

The registry is intended to help applicants identify representatives who have faced penalties for misconduct.

Failure to Produce Documents Can Attract C$10,000 Penalty

Under the new framework, officials can begin inspecting documents when they have reasonable grounds to suspect a violation.

Representatives who fail to comply with a requirement to produce relevant documents face a baseline penalty of C$10,000. The amount may be adjusted depending on the circumstances and any previous violations.

The guidance also provides safeguards for information protected by legal privilege or professional secrecy. Representatives who cannot defend themselves without disclosing protected information may submit an affidavit explaining the limitation.

Immigration Agents Given 30 Days to Respond or Seek Review

The rules establish a process for representatives to respond to allegations before a final penalty is imposed.

A representative may first receive a preliminary notice setting out the alleged violation and proposed monetary penalty. They then have 30 days to submit a written response or request an extension.

After considering the response, officials may issue a formal notice of violation if they determine, on the balance of probabilities, that the rules have been breached.

Recipients can request a review of the finding, the penalty amount or both within 30 days.

The reviewer may conclude that no violation occurred, uphold the penalty or revise its amount. The decision must include reasons and information about the recipient’s right to seek judicial review.

Canada Advises Applicants to Verify Immigration Consultants

IRCC has urged prospective immigrants and citizenship applicants to check a representative’s authorisation before paying for services.

Applicants can verify immigration consultants through the College of Immigration and Citizenship Consultants and check lawyers’ professional standing with the relevant Canadian legal regulators.

The department’s guidance is intended to help applicants distinguish authorised professionals from individuals offering paid immigration advice without the required credentials.