An immigration company that previously worked as a Provincial Nominee Program intermediary is taking legal action against the P.E.I. government.
H.P. Consultants Inc. is alleging the recent re-appointment process for PNP intermediaries was “unlawful” and favoured companies with political and personal ties to government.
The company has filed for a judicial review of a decision made recently by the province to award new contracts to 12 intermediary companies. These companies were chosen as a result of a request for proposals (RFP) issued in July looking for new applicants.
H.P. Consultants was formerly one of the province’s seven PNP ‘intermediaries,’ also known as agents, whose job it is to identify and attract potential immigrants to P.E.I. and help them apply to the Provincial Nominee Program (PNP).
But it was the only one of the seven original PNP intermediaries not reappointed following government’s request for proposals. Six new companies were also added.
In its application for a judicial review, H.P. Consultants says government violated certain terms listed in the RFP when assessing the applications and by doing so, “failed to assess proposals under the RFP with impartiality.”
The company details its 13 years of experience working as a PNP intermediary, claiming to have “achieved high rates in the retention of immigrants to the Island it attracted under the program.”
When government issued its request for proposals in July, the company says the RFP stated “explicitly and by implication” that previous experiences with the program would be a significant factor in assessing the applications.
However, H.P. Consultants alleges government did not rank experience when assessing its application, arguing this would be unfair to those who had not previously worked as intermediaries.
Meanwhile, other companies were given priority ranking if they indicated they would establish “satellite offices” in rural P.E.I., which H.P. Consultants alleges was contrary to the terms of the RFP.
It also points out the original RFP said it was looking for “up to 10” new intermediary companies, but the province ultimately appointed 12.
This change was allegedly made by cabinet, which the company claims was an unlawful delegation of authority to alter the RFP.
H.P. Consultants further points out that each of the six new companies chosen to become intermediaries “has personal or political associations with the government or senior provincial authorities.”
Last month, The Guardian reported that one of those six new intermediaries – Western Immigration Opportunities Inc. – was not incorporated at the time it was appointed and that one of its shareholders is Neil Handrahan, who is currently the treasurer of the governing Liberal party of P.E.I.
H.P. Consultants is asking for a Supreme Court judge to nullify any letters of intent issued to the 12 intermediaries chosen through this RFP process and to declare the province’s treatment of its application “unlawful.”
Henry Phillips is the president of H.P. Consultants. Other officers of the company include Fairview Holdings Inc., Robert MacGregor and Paul Villeneuve.
Island Investment Development Inc. (IIDI), the Crown corporation that administers the PNP, says it is confident the RFP process was undertaken in a fair, open and transparent manner.
Edgar Burns, a lawyer with Halifax firm BoyneClark, who provided a written response to The Guardian on behalf of IIDI, also refuted the allegations of political patronage, saying “political affiliation was in no way a consideration in this process,” but it did acknowledge that political connections exist among some of the approved intermediaries.
As for why 12 companies were chosen when the RFP stated only “up to 10” would be appointed, Burns says IIDI received some proposals that scored equally.
“After evaluation of these proposals (some proposals scored the same evaluation score) it was recommended to approve 12 proposals,” Burns said.
“We offered a debrief opportunity on the process with all applicants after the process concluded.”
