Case snapshot
At a glance
- Case
- Can Ontario Paralegals Provide Full Immigration Legal Services?
- Court / Tribunal
- Court of Appeal for Ontario
- Citation
- 2026 ONCA 677 ↗
- Date
- September 28, 2026
- Area of law
- Immigration Law
- Key issue
- Whether Ontario paralegals are authorized under Law Society of Ontario By-Law 4 to provide immigration and refugee legal services beyond representation at Immigration and Refugee Board hearings.
- Outcome
- The Court of Appeal dismissed the appeal and confirmed that Ontario paralegals may only provide immigration legal services connected to IRB proceedings, not assistance with IRCC or CBSA applications.
- Why it matters
- Anyone relying on a paralegal for help with immigration applications — rather than IRB hearings — may be receiving services that fall outside the paralegal's licensed scope, putting their case at risk.
Legal principle
The rule from this case
Ontario paralegals hold a P1 class licence that limits their authority to advocacy work — that is, representing clients and preparing documents in connection with proceedings before adjudicative bodies. The Immigration and Refugee Board qualifies as such a body, so paralegals can represent clients at IRB hearings and prepare hearing-related documents. However, submitting applications to Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) is administrative work, not a proceeding before an adjudicative body. That work falls outside the paralegal licence. The federal Immigration and Refugee Protection Act (IRPA) does list law society paralegals among those permitted to advise and represent clients for a fee in immigration matters. The Court of Appeal found that this federal permission does not expand what paralegals are licensed to do under provincial rules. Instead, IRPA effectively delegates the question of what paralegals may do to the law society that regulates them — meaning By-Law 4's limits remain fully in force.
Important limits
What this does not mean
This decision does not mean paralegals are barred from immigration work entirely. They remain fully authorized to represent clients at IRB hearings — refugee claims, immigration appeals, and similar adjudicative proceedings — and to prepare documents directly connected to those hearings. The ruling draws a line at non-adjudicative work, not at immigration matters as a whole. The decision also does not prevent paralegals from obtaining a separate federal licence as an immigration consultant through the College of Immigration and Citizenship Consultants (CICC). A paralegal who holds both an LSO licence and a CICC licence may provide a broader range of immigration services. The Court was not commenting on the policy wisdom of that two-licence requirement, only on what By-Law 4 currently authorizes.
Can an Ontario Paralegal Help Me With My Immigration Application?
For most immigration applications — such as permanent residence, work permits, or humanitarian and compassionate requests submitted to IRCC — the answer is no, not unless the paralegal also holds a separate federal licence as an immigration consultant. Ontario paralegals are licensed to represent clients at Immigration and Refugee Board (IRB) hearings, but their authority does not extend to preparing or submitting applications to IRCC or the Canada Border Services Agency (CBSA). The Ontario Court of Appeal confirmed this boundary in Caruso v. Law Society of Ontario, 2026 ONCA 677 (CanLII), https://www.canlii.org/en/on/onca/doc/2026/2026onca677/2026onca677.html.
What Does an Ontario Paralegal’s Licence Actually Cover in Immigration Matters?
An Ontario paralegal’s P1 licence covers advocacy work — appearing before adjudicative bodies and preparing documents for use in those proceedings. The IRB is an adjudicative body, so paralegals can represent clients at refugee hearings, immigration appeals, and similar IRB proceedings. What they cannot do is assist with the administrative side of immigration: filing applications with IRCC officers, preparing permanent residence packages, or advising on humanitarian and compassionate applications that are decided by ministerial discretion rather than through a hearing.
The Court explained that the word “proceeding” in the paralegal licensing by-law refers to hearings before bodies that weigh evidence and legal argument — not to the submission and processing of government forms. An application sitting in an IRCC queue is not a proceeding, and a civil servant processing that application is not a tribunal.
Does Federal Immigration Law Give Paralegals Broader Authority?
No — at least not on its own. Section 91(2) of the Immigration and Refugee Protection Act (IRPA) lists law society paralegals among the people permitted to advise and represent clients for a fee in immigration matters. The paralegal who brought this case argued that this federal permission should be read as authorizing the full range of immigration services. The Court of Appeal rejected that argument.
The Court found that Parliament added paralegals to IRPA’s list precisely because they are regulated by provincial law societies — not to override those societies’ rules. A paralegal who exceeds their licensed scope is arguably no longer acting “in good standing” with their law society, which is the very condition IRPA requires. Federal and provincial rules work together here rather than in conflict.
Why Are Paralegals Limited to IRB Hearings and Not Broader Immigration Work?
The restriction reflects a long-standing divide in Ontario law between advocacy work (appearing and arguing before courts and tribunals) and solicitors’ work (advising on legal rights and preparing documents with legal effect). When the Law Society of Ontario began licensing paralegals in 2007, it deliberately confined them to advocacy work for three stated reasons: there was demonstrated unmet need for affordable advocates, tribunals could oversee the quality of advocacy in real time, and stakeholders could not agree on a broader scope.
The Law Society’s task force concluded there was no comparable evidence of a shortage of solicitors doing immigration application work, and that the oversight safeguard available in hearings does not exist when a document is simply submitted to a government office. Those policy choices, embedded in By-Law 4, survived the Court of Appeal’s scrutiny.
What Should I Do If a Paralegal Has Been Helping With My Immigration Application?
If a paralegal (who is not also a licensed immigration consultant) has been preparing or submitting applications to IRCC or CBSA on your behalf, it is worth understanding what services were actually provided and whether they fell within the paralegal’s licensed authority. Work done outside a licensee’s permitted scope raises questions about accountability and recourse if something goes wrong. Our Ontario immigration lawyers regularly assist people who need to understand their options after receiving advice from an unauthorized or improperly licensed representative.
If you are in the Hamilton or Burlington area and need clarity on your immigration file, our team serving those communities can review what has been done and advise on next steps — see our Hamilton immigration law page for more information.
What If My Case Involves a Work Permit Refusal or Similar Decision?
Decisions by IRCC officers — including work permit refusals — are generally not made through adjudicative hearings. They are administrative decisions. Challenging them often involves an application for judicial review before the Federal Court, a step where a paralegal cannot act for you and a lawyer usually handles the application. If you have received a refusal and are considering your options, our team handles work permit refusal matters and can explain whether judicial review or another avenue may be available in your situation.
Questions and Records to Discuss With a Lawyer
- What type of representative assisted with your immigration matter — a lawyer, a licensed immigration consultant, or a paralegal — and did they hold all required licences for the services provided?
- Which agency received the applications or documents in your file: IRCC, CBSA, or the IRB?
- If a paralegal prepared or submitted non-IRB applications on your behalf, what documentation exists of the services provided and any advice given?
- Has there been a refusal or negative decision in your file that may require a response, an appeal, or a judicial review application?
- Are there upcoming deadlines — such as a status expiry or a hearing date — that affect how quickly you need to act?
If you have questions about your own immigration matter or want to understand how this decision may affect your situation, you are welcome to reach out to UL Lawyers through our contact page.
This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.
FAQ
Frequently asked questions
Yes. Ontario paralegals are licensed to represent clients at Immigration and Refugee Board hearings, including refugee protection claims and immigration appeals, and to prepare documents connected to those proceedings.
An Ontario paralegal is licensed by the Law Society of Ontario and may represent clients at IRB hearings. An immigration consultant is federally licensed through the College of Immigration and Citizenship Consultants and may assist with a broader range of immigration applications. Some individuals hold both licences.
Challenging an IRCC refusal typically requires an application for leave and judicial review in Federal Court, where a paralegal cannot represent you; a lawyer usually handles this step. If a paralegal handled work outside their permitted scope, a lawyer can review the file and advise on available options.