Immigration consultant arrested, fined for IRPA violation

Suspect to serve two years of house arrest with curfew, pay $50,000 fine

Immigration consultant arrested, fined for IRPA violation

A Canadian immigration consultant is facing several penalties after being found to have violated the Immigration and Refugee Protection Act (IRPA).

The Canada Border Services Agency (CBSA) has announced the conviction of Balkaran Singh, a 45-year-old immigration consultant from Winnipeg, following a CBSA investigation into his immigration-related offences dating back to 2021.

The investigation began in January 2021 when Singh, a regulated Canadian immigration consultant (RCIC), attended the Emerson port of entry with three foreign nationals, claiming to have secured employment offers for them at a Gurdwara – a Sikh place of worship – near Winnipeg.

However, CBSA officers raised multiple concerns and denied the work permits. This led the CBSA Criminal Investigations Section to launch a deeper inquiry into Singh's activities.

On Dec. 12, 2023, CBSA investigators executed a search warrant at Singh's residence, business, and the Gurdwara in question, seizing a range of evidence, including computers, mobile devices, and physical documents. 

A digital forensic analysis of these materials revealed that Singh had violated conditions of several employment offers at the Gurdwara, according to the CBSA. Furthermore, investigators uncovered fraudulent documents Singh had created and procured for clients of his immigration consultancy, the agency added.

Misrepresentation violates immigration laws

Section 126 of the IRPA – which was cited in Singh's case – criminalizes knowingly counseling a person to misrepresent or withhold information that could lead to errors in the administration of Canada’s immigration laws. This law is intended to protect victims from immigration fraud and ensure the integrity of the country's immigration processes.

Following the investigation, Singh was formally charged in February 2024 with misrepresentation under Section 126 of the IRPA. On Oct. 2, 2024, Singh pleaded guilty in the Manitoba Provincial Court to one count of Counselling Misrepresentation under the IRPA.

"The charges and sentencing announced today by the Prairie Region's Criminal Investigations Section reflect our commitment to maintaining the integrity of Canada's immigration system,” said Janalee Bell-Boychuk, regional director general of the CBSA's Prairie Region. “Our officers worked diligently to investigate violations and we will continue to do our best to ensure those who break our laws are held accountable."

Previously, a Nigerian man was duped by a fake job offer in Canada and warned others about his experience.

Penalties for violating IRPA

Singh was sentenced to two years less a day of house arrest with a curfew, abstention from all intoxicants, prohibition from providing immigration advice, 200 hours of community service, and a $50,000 fine.

In response to the conviction, Dominic LeBlanc, minister of public safety, Democratic institutions and intergovernmental affairs, expressed appreciation for the CBSA's efforts: "I want to thank the Canada Border Services Agency for their work in bringing those who knowingly infringe Canada's immigration system to justice."

Previously, Ottawa, Saskatchewan and Quebec made changes to their respective immigration rules.