It is typical for a registrant to be suspended if they do not pay their fees on time. Usually, their registration is eventually revoked if the fees remain unpaid. Regulators vary as to whether they permit such revoked registrants to use a simplified reinstatement process or require them to apply like a new graduate. While the procedural fairness requirements and reasonableness expectations for administrative suspension and revocation are greatly reduced, they are not non-existent.
In Moustaid c Collège des consultants en immigration et en citoyenneté, 2025 FC 982 some of the procedural fairness and reasonableness requirements were discussed. Moustaid was an immigration consultant who, unbeknownst to the regulator, was experiencing family difficulties. He missed a quarterly fee instalment despite being given notice (via email) that it was due. He was given notice of the default and the potential consequences. His licence was suspended and then revoked, all within a few weeks. He did not exercise his appeal rights for almost a year. The appeal tribunal treated his appeal as a reinstatement application for a resigned licensee. It ordered further education and successful completion of an examination in order to be reinstated.
The Court accepted most of the procedures of the regulator. The notices given were sufficient and email delivery was viewed as effective. While it is preferable that the regulator notify the licensee of their appeal rights and timelines, failure to do so was not unfair. Those rights and timelines were publicly available. Personal challenges did not nullify the payment requirements.
However, the court found that the process remained flawed. The revocation was imposed earlier than the relevant provisions authorized. Since Moustaid paid the outstanding fees before the revocation deadline, he had a reasonable expectation that his revocation would be rescinded. The reasons of the appeal tribunal did not address those issues. A new hearing before the appeal tribunal was ordered.
When imposing administrative suspensions and revocations, regulators should strictly follow their provisions and ensure that they convey accurate information.