Canada: New Penalties for Unauthorized or Fraudulent Immigration and Citizenship Services

The situation 

On October 28, 2026, Immigration, Refugees and Citizenship Canada (IRCC) brought into force new monetary penalties of up to CAD 1.5 million for those who break the law when providing paid immigration or citizenship advice or representation.  

A closer look 

• Who is covered. The new rules apply to paid representatives, including licensed immigration consultants, lawyers and other authorized representatives, as well as anyone providing paid immigration or citizenship advice or representation without authorization. They apply regardless of whether the representative operates within or outside Canada.  
• Monetary penalties. The government can impose penalties including: 
  • • CAD 5,000 for providing paid immigration or citizenship advice or representation without authorization. 
    • CAD 15,000 for knowingly providing false or misleading information on an applicant’s behalf or helping an applicant do so. 
    • Additional penalties may apply if an application is approved based on false or misleading information. Penalties increase depending on the seriousness and frequency of violations, up to a maximum of CAD 1.5 million for all violations combined. 
• Enforcement and public disclosure. Further information about the enforcement and penalty process is available on the government’s enforcement process page. IRCC will also publish the names of those penalized and details of their misconduct on its website.  

Impact 

• Employers handling immigration matters in-house. Employers that handle all or part of their immigration processes internally should review their teams’ activities and assess whether these activities require an authorized representative. Internal personnel who provide paid immigration advice or representation without the required authorization may be subject to monetary penalties and public disclosure of violations. 
• Selecting representatives and ensuring accuracy. Employers and foreign nationals are encouraged to verify that their immigration representatives are authorized and should ensure that information provided for immigration applications is accurate.  

Background 

• Development of the penalty framework. Canada announced the proposed penalty framework in January 2025, including monetary penalties and public disclosure of violations by authorized and unauthorized immigration representatives. 
• Consultant oversight. Separate regulations strengthening oversight of immigration and citizenship consultants took effect on July 15, 2026. These expanded the authority of the College of Immigration and Citizenship Consultants to investigate and address consultant misconduct, including imposing increased penalties. They also strengthened reporting requirements and established a compensation fund for victims of dishonest consultants. 
• Purpose of new penalties. The new penalties complement these oversight measures and aim to protect applicants from fraud and exploitation. 

Looking ahead 

IRCC expects to launch its public registry of penalized representatives in 2027, following the administration of the first penalties. The registry will provide employers and applicants with an additional resource when assessing immigration service providers. 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to Fragomen.