Delegating file preparation without breaching your obligations

Handing the preparation of an immigration file to a service provider raises a fair question: am I exposing myself? This page answers it with the applicable texts, everywhere in Canada. In short: delegating tasks to a non-licensee is expressly provided for by the rules that govern you, on condition that the provider neither represents nor advises anyone. That is precisely the line Vizir never crosses.

1. The only real risk: section 91 of IRPA

This is the provision that creates the offence of unauthorized representation. It targets anyone who, for consideration, represents or advises a person in connection with an application or proceeding under the Act:

Section 91(2) sets out who is exempt: lawyers in good standing with a provincial law society and notaries in good standing with the Chambre des notaires du Québec; other members in good standing of a law society or of the Chambre, including paralegals; and members in good standing of the College of Immigration and Citizenship Consultants.

In other words, the law is not concerned with who prepares the documents. It is concerned with who represents and who advises. Here is exactly where Vizir sits:

Vizir is therefore not a representative within the meaning of the Act, and cannot become one by accident: the service has neither the channel, nor the mandate, nor the ability to address the authorities.

2. Delegating preparation is expressly permitted

This is not a grey area we went looking for. It is written in the Code of Professional Conduct for Licensees of the College of Immigration and Citizenship Consultants:

The same section sets the two conditions that come with it, and Vizir is built to meet them:

• Supervision and professional responsibility (s. 38(2)). You supervise the work of whoever assists you and take professional responsibility for it, at a level appropriate to the nature of the work. That is why the service files nothing, signs nothing, and submits the complete bundle to you before any filing.
• Standing and knowledge of the code (s. 38(1)). Whoever assists you must be of good character, know the code and do nothing that would breach it. Our staff work under a written confidentiality undertaking, and every one of their actions is written to the audit log you can read back.

Lawyers, notaries and paralegals: the use of non-lawyer staff under supervision is likewise governed by your law society or by the Chambre des notaires, with rules that vary between provinces. We do not reproduce them here: your regulator is the source, and the links appear in point 4. The principle that protects you is the same everywhere: supervision remains yours, and professional secrecy is not waived by using a provider bound by confidentiality.

3. Which privacy law applies where you practise

There is no single Canadian statute on this. Three provinces have their own private-sector law, deemed substantially similar to the federal one; elsewhere, the federal law applies.

One point many practitioners miss, and it concerns you directly: even in Alberta, British Columbia and Quebec, PIPEDA continues to apply to information transferred across provincial or national borders. As soon as a file crosses a border, the federal regime applies on top of your own.

The technical measures are set out on the Security page, and the detail of processing in our privacy policy.

4. Where to check your obligations, wherever you practise

Your professional obligations come from your regulator, not from us. These are the competent bodies, as listed by IRCC:

We verify your licence against one of these registers before opening an access, and one licence gives entitlement to one account only. That is also a protection for you: no unauthorized practitioner uses the tool you use.

5. What remains your responsibility

We would rather write it plainly than let you believe the service relieves you of anything.

• Advice, strategy and the decision, including the choice of program and whether to file at all.
• Final validation of the bundle before any filing, and the filing itself.
• The relationship with your client, your retainer and your fees.
• Retention of your file under your professional obligations, including keeping a copy outside the service.
• Checking that your retainer and your communications with your client cover the use of a document-preparation provider, where your regulator requires it.

6. What we provide for your compliance file

On request, before we receive a single document:

• a written subcontracting agreement, adapted to the regime applicable in your province
• a named confidentiality undertaking
• a written description of our security measures, the one most insurers ask for
• the audit log of your files, kept seven years, which lets you demonstrate the diligence exercised
• a return-of-data clause, at no cost and at any time

7. Sources

Every regulatory statement on this page can be verified. We cite official sources only, and we state the date of our last check.

• Immigration and Refugee Protection Act, section 91, Justice Laws Website
• Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees, SOR/2022-128, sections 37 and 38
• IRCC, Find out if your representative is authorized
• IRCC, Use of a Representative (IMM 5476)
• Office of the Privacy Commissioner of Canada, provincial laws that may apply instead of PIPEDA

This page describes the applicable framework and where Vizir sits within it. It is not legal advice. Your obligations flow from your regulator, your college and the laws applicable in your province; where there is any doubt, they are the ones to consult.