June 13, 2012

Operational Bulletin 437 – June 13, 2012

From CBA National Immigration Section:

The National Immigration Law Section sent a letter dated March 9, 2012 to David Manicom, Director General, Immigration Branch, regarding the “Disclosure of Paid Advisors” in which we specifically raise concerns about Solicitor-Client Privilege and Client Confidentiality. The submission is on the CBA website at:  http://www.cba.org/CBA/submissions/pdf/12-17-eng.pdf

Today, CIC has issued OB 437 seeking to clarify (in some measure) the importance of Solicitor-Client Privilege and provides guidance to officers regarding the interpretation of the regulatory amendments.

The summary and link to OB 437 are included below.

Operational Bulletin 437 – June 13, 2012 – The Importance of the Solicitor-Client Privilege Relationship

Section 10 of the Immigration and Refugee Protection Regulations (IRPR) sets out the requirements regarding the form and content for applications made under the Immigration and Refugee Protection Act (IRPA). Following the coming into force of Bill C-35, subsection 10(2) of the Regulations was amended requiring applicants to disclose the name and contact information of any authorized representative who has or is providing advice, for consideration, on matters related to the Immigration and Refugee Protection

Act (IRPA) and in connection with the particular application.   The purpose of this Operational Bulletin (OB) is to provide guidance to officers regarding the interpretation of the regulatory amendments to paragraphs 10(2)(c.3) and (c.4) of IRPR.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob437.asp