Heron Law Offices is pleased to share the recording of a recent webinar presented by our Founder and Principal Lawyer, Will Tao, on IRPA Section 91 and the distinction between immigration information and immigration advice.
Webinar Recording: IRPA Section 91 — Understanding Immigration Information versus Immigration Advice. Access the recording here with AMSSA.
Immigration issues affecting newcomers’ ability to enter and remain in Canada continue to be frequently raised by settlement service organizations (SPOs), particularly in light of recent policy changes impacting refugee claimants, international students, and temporary foreign workers.
In October 2024, IRCC adopted a revised interpretation of “consideration” under section 91 of the Immigration and Refugee Protection Act (IRPA). Under this interpretation, salaried staff at non-governmental organizations who provide immigration advice or representation will not be committing an offence under section 91, provided that clients do not provide compensation for those services, either directly or indirectly.
At the same time, immigration advice remains outside the scope of services funded through provincial and federal settlement programs. With the introduction of the BC Safe Haven program, which supports clients through form-filling assistance and immigration information, and the evolving roles of settlement staff in recent years, it is increasingly important that frontline staff understand the limits of their role and the services they are permitted to provide.
In this webinar, Will Tao provides a practical overview of the legal distinction between immigration information and immigration advice. Through case studies drawn from the BC Newcomer Service Program and BC Safe Haven client scenarios, the session illustrates how settlement workers can support clients while remaining within the scope of permitted activities.
We are proud to support knowledge-sharing initiatives that help strengthen the settlement sector and promote clarity around the legal framework governing immigration services in Canada.
