For many years, Immigration, Refugees and Citizenship Canada (IRCC) proposed an interpretation of section 91 of the Immigration and Refugee Protection Act (IRPA) that, according to a legal analysis commissioned by the CCR, was incorrect. In October 2024, IRCC changed its interpretation of IRPA s. 91. IRCC now recognizes that the bar on the provision of advice and representation by people who are not licensed legal professionals does not apply to NGO workers, whether paid staff or volunteers, as long as the staff or volunteers are not in some way paid by the client.
Two documents help explain the change in interpretation, and its implications:
IRCC Q&A
At the request of the CCR, IRCC has produced a document explaining the change and their current position: Section 91 of IRPA and “Consideration”: Questions And Answers, May 2025.
CCR FAQs
The CCR has in addition developed a document to explain how we understand IRPA s. 91 applies to the work of NGOs and others providing services without fees to immigrants, refugees and migrants in Canada. The document was developed in consultation with legal experts.