Admission to Regulated Professions and Trades
The main reason why individuals choose to immigrate is to achieve a better standard of living. In Canada a great number of professions and trades are regulated in the public interest, meaning that individuals who wish to practice in those professions or trades need to meet certain educational and/or training requirements. For immigrants, this typically requires a preliminary step of accreditation of their foreign credentials.
At Invicta Law Corporation, we assist immigrants in getting their foreign credentials accredited and in gaining admission into the professions and trades they had in their country of origin.
We assist the following professionals in getting accredited and being admitted to practice in British Columbia:
- Dental technicians
- Clinical counsellors
- Massage therapists
- Speech language pathologists
- Social workers
- Finance professionals
- Real estate professionals
We also assist trade workers in getting certified for the following trades:
- Construction trades
Regulatory Investigations and Proceedings
Being part of a regulated profession comes with certain obligations. For example, regulated professionals are expected to meet certain standards of ethical behaviour and not act in ways that would diminish public confidence in their profession. The regulatory bodies in charge of regulated professions have a duty to protect the public, which they carry out through their investigation and enforcement powers.
Regulated professionals may sometimes become the subject of allegations of professional misconduct, incompetence or incapacity. When this happens, Invicta Law Corporation is prepared to defend your interests and reputation. Generally, regulated professionals have a duty to cooperate with investigations by their regulatory bodies, so it is advisable to get legal advice as soon as you become aware of a complaint having been filed or an investigation opened about your practice or conduct.
Judicial Review of Administrative Decisions
The decisions issued by professional regulatory bodies or review boards are subject to a different legal procedure than the typical civil litigation proceeding. This is because they are administrative decisions.
Administrative decisions can be challenged through the process of judicial review. This is a process similar to an “appeal” of the administrative decision, but any remedy to which you may be entitled is at the discretion of the court. In judicial review, you can challenge the regulatory body’s authority in issuing the decision, the process by which the administrative decision was reached, or the reasonableness of the decision in light of the evidence. The judge hearing the judicial review has the power to cancel the decision if it is found unfair or unreasonable. If you are successful, the judge will typically send the case back to the issuing tribunal for a re-hearing. If you are unsuccessful on judicial review, then the administrative decision stands and you must comply with it.
If you are the subject of an administrative decision that you wish to challenge, Invicta Law Corporation would be pleased to guide you through the process of judicial review and advocate on your behalf.
Complaints Regarding Regulated Immigration Consultants
Immigration consultants are also subject to regulatory oversight and are expected to meet the requirements of ethical conduct. If you have been the victim of unscrupulous or abusive behaviour by an immigration consultant, we can assist you in filing a complaint against them with the Immigration Consultants of Canada Regulatory Council (ICCRC).