Regulations of Paralegals in Ontario

Regulations of Paralegals in Ontario

Canadian Immigration News and Views

Quick Divorce! – Not so fast. The explosion of “paralegals” as alternate providers of services such as uncontested divorce, incorporations, WCB representation and other administrative type legal work in Ontario lead to increased pressure and need for consumer protection to ensure that the services being provided were done so by competent, qualified and responsible people.

Last year the Attorney General of Ontario proposed legislation that would address this concern among other issues related to the administration of justice in the province. After drafting legislation and review by committee including extensive public input, just short of one year later on October 19, 2006 the Legislative Assembly of Ontario passed the Access to Justice Act which includes provisions for the regulation of paralegals as persons who provide “legal services” in the Province of Ontario.

The Law Society Act previously provided for the qualification and regulation of lawyers practicing law in Ontario through the Law Society, but with the passing of the Access to Justice Act, the Law Society will now also provide for the qualification and regulation of persons, other than lawyers, who provide legal services in Ontario. Therefore, paralegals will now be regulated by the Law Society in Ontario.

There are also penalties for those who provide legal services without being licensed by the Law Society. Every person who contravenes (holds themselves out to be licensed or provides legal services without a license) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for each subsequent offence. Further a court that convicts a person of this offence may prescribe as a condition of a probation order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence.

“But what does this have to do with immigration?” you ask. Immigration Consultants are excluded from this provincial legislation since the federal government has an act that authorizes who may represent clients. The Immigration and Refugee Protection Regulations (IRPR) states that only “authorized representatives” may represent clients for a fee. An authorized representative is “a member in good standing of a bar of a province, the Chambre des notaires du Québec or the Canadian Society of Immigration Consultants (CSIC). The IRPR also provides for penalties for those that contravene the regulations as well as significant penalty for those clients that would misrepresent whether they had paid someone to help them with their applications and cases.

Paralegals have their valuable place in the legal services field. But, do not mistake a paralegal for a Certified Canadian Immigration Consultant. A paralegal undertaking immigration work who is not a member of CSIC would not be recognized by the federal government (CIC) as an authorized representative. Therefore, pick the right professional for the work you need done.

Since April 13, 2004 only authorized representatives (Certified Canadian Immigration Consultants) may represent clients for fee. Starting May 1, 2007 only those who are licensed to provide legal services by the Law Society will be allowed to provide legal services in the Province of Ontario. Consumer protection has been enhanced so take advantage of this and use only authorized representatives and licensed providers.

Have a question? Send them to Berto Volpentesta or to the editor.

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Berto Volpentesta of Cannex Immigration Specialists has been a practicing consultant in Toronto since 1991 and is a Member, Director and (past) Secretary of the Canadian Association of Professional Immigration Consultants and a Member of the Canadian Society of Immigration Consultants.
You can reach him at: (416) 398 8882 or (416) 787 0612 or by email at berto@canneximmigration.com and on the website at www.canneximmigration.com