Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees (SOR/2022-128)

The Minister of Citizenship and Immigration makes the annexed Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees under subsection 43(1) of the College of Immigration and Citizenship Consultants ActFootnote ^a.

• Return to footnote ^aS.C. 2019, c. 29, s. 292

Ottawa, June 9, 2022

Le ministre de la Citoyenneté et de l’Immigration, Sean Fraser Minister of Citizenship and Immigration

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in this Code.

  Act

  Act means the College of Immigration and Citizenship Consultants Act. (Loi)

  client

  client means a person or entity that

  • (a) has entered into a consultation agreement or service agreement with a licensee;

  • (b) consults with a licensee who provides or agrees to provide immigration or citizenship consulting services to them; or

  • (c) having consulted with a licensee, reasonably concludes that the licensee has agreed to provide immigration or citizenship consulting services to them. (client)

• Marginal note:Conflict of interest

  (2) For the purposes of this Code, a conflict of interest exists if there is a substantial risk that a licensee

  • (a) may improperly further their private interests or another person’s interests, resulting in a material compromise to the licensee’s ability to fulfill their professional obligations to a client; or

  • (b) cannot fulfill their professional obligations to a client without materially compromising the licensee’s ability to fulfill their professional obligations to another client or a former client.

Purpose and Application

Marginal note:Purpose

2 This Code sets out the standards of professional conduct and competence that must be met by licensees of the College.

Marginal note:Application

3 This Code applies to licensees, including in respect of any pro bono immigration or citizenship consulting services offered or provided by them.

General Standards

Professional Conduct

Marginal note:Standards of profession

• 4 (1) A licensee must uphold the standards of the profession and perform their professional obligations honourably and with integrity.

• Marginal note:Conduct unbecoming

  (2) A licensee must not engage in conduct that is likely to discredit the profession or jeopardize the public’s confidence and trust in the profession.

Marginal note:Duty of loyalty

5 A licensee must be loyal to their clients, including by avoiding conflicts of interest and by being committed to their clients’ cause.

Marginal note:Duty of honesty and candour

6 A licensee must be honest and candid when advising their clients.

Marginal note:Duty of civility

7 A licensee must be courteous and civil in all of their professional dealings.

Marginal note:Relationship of trust

8 A licensee must foster a relationship of trust with their clients, including by not taking advantage of their clients’ vulnerabilities.

Marginal note:Compliance with applicable legislation

9 A licensee must demonstrate law-abidance through compliance with all applicable legislation, including the Act and any regulations and by-laws made under the Act.

Marginal note:Discrimination

10 A licensee must not, in any of their professional dealings, engage in a discriminatory practice within the meaning of the Canadian Human Rights Act.

Marginal note:Intimidation and coercion

11 A licensee must not, in any of their professional dealings, intimidate or coerce any person, including by

• (a) applying undue pressure, directly or indirectly;

• (b) making physical or verbal threats;

• (c) engaging in any form of harassment, including sexual harassment;

• (d) using their knowledge about social and cultural norms to exploit a situation;

• (e) untruthfully asserting possible sanctions or administrative consequences; or

• (f) threatening, without reasonable grounds, to file a complaint with law enforcement authorities alleging a contravention of a federal or provincial law, initiate a criminal proceeding or make a complaint to an administrative or regulatory body.

Marginal note:Dishonesty, fraud or illegal conduct

12 A licensee must not, in any of their professional dealings, knowingly assist in or encourage dishonesty, fraud or illegal conduct.

Marginal note:Inducement

• 13 (1) A licensee must not

  • (a) offer an inducement to any organization or person for recommending the licensee to a client or referring a client to the licensee; or

  • (b) solicit or accept an inducement from any organization or person for recommending the organization or person to a client or referring a client to the organization or person.

• Marginal note:Non-application

  (2) Paragraph (1)(a) does not apply in respect of an inducement offered to an agent who solicits clients for a licensee if the licensee registers the agent’s name with the College in advance.

• Marginal note:Fee

  (3) A fee referred to in paragraph 17(3)(d) or 18(3)(d) is not an inducement for the purposes of paragraph (1)(b).

Marginal note:Original documents

• 14 (1) A licensee must not take possession of any of a client’s original documents unless the possession is for one of the following purposes and the documents are returned to the client as soon as that purpose has been achieved:

  • (a) making copies;

  • (b) complying with a legal requirement or a requirement of a government authority; or

  • (c) a purpose to which the client has consented in writing.

• Marginal note:Client documents

  (2) A licensee must, at the request of the client, deliver to the client any documents or information in the licensee’s possession that pertain to the client’s application or expression of interest or to a proceeding in which the client is a party.

Marginal note:Conflicts of interest

• 15 (1) Subject to sections 16 to 18, a licensee must not provide immigration or citizenship consulting services to a client if doing so would or could result in a conflict of interest unless the licensee has disclosed the nature and extent of the conflict to the client in writing and the client provides free and informed consent in writing.

• Marginal note:Duty to avoid conflict

  (2) Despite subsection (1), a licensee must not provide immigration or citizenship consulting services to a client, even with their consent, if doing so would result in a conflict of interest, unless the licensee has reasonable grounds to believe that they are able to advise and represent that client without compromising

  • (a) their objectivity or the relationship of trust with any of their clients; or

  • (b) their duty of confidentiality towards any of their clients or former clients.

Marginal note:Unauthorized behaviours

• 16 (1) The following behaviours constitute a conflict of interest to which a client cannot consent:

  • (a) a licensee directly or indirectly lending money to, or borrowing money from, a client;

  • (b) a licensee directly or indirectly undertaking any transactions with a client that are not in relation to the provision of immigration or citizenship consulting services; or

  • (c) a licensee having an intimate personal relationship with a client or a former client within one year after the day on which the service agreement is completed or terminated before its completion, unless the client is the licensee’s spouse at the time that the immigration or citizenship consulting services are provided or has cohabited with the licensee in a conjugal relationship for a period of at least one year before the services are provided.

• Marginal note:Interpretation — paragraph (1)(b)

  (2) A client may consent to the behaviour referred to in paragraph (1)(b) if the transaction is fair and reasonable and the client has confirmed to the licensee in writing that they have received independent advice in respect of the transaction.

Marginal note:Definition of employment recruitment services

• 17 (1) For the purposes of this section, employment recruitment services means any of the following services:

  • (a) seeking or obtaining employment for a client;

  • (b) assisting or advising any person with respect to seeking or obtaining employment for a client;

  • (c) assisting or advising an employer or another person with respect to hiring a client; or

  • (d) referring a client to another person who offers the services referred to in any of paragraphs (a), (b) or (c).

• Marginal note:Conflict of interest — employment recruitment services

  (2) A licensee is in a conflict of interest if they provide both immigration or citizenship consulting services and employment recruitment services to a client who is a foreign national, as defined in subsection 2(1) of the Immigration and Refugee Protection Act.

• Marginal note:Conditions

  (3) However, a licensee may provide both immigration or citizenship consulting services and employment recruitment services to a client who is a foreign national if the licensee

  • (a) before providing those services, advises the client that they are not obligated to receive both services from the same individual and obtains the client’s free and informed consent in writing to proceed;

  • (b) ensures that the service agreement clearly differentiates between the immigration or citizenship consulting services and the employment recruitment services that will be provided to the client;

  • (c) does not directly or indirectly charge a fee or disbursement to the client for any employment recruitment services;

  • (d) discloses to the client the fees that the licensee is receiving from an employer for recruiting the client to work for the employer;

  • (e) complies with all applicable legislation governing the provision of employment recruitment services; and

  • (f) demonstrates honesty and candour towards the client and commitment to the client’s cause, including by providing the client, before they begin working in Canada, with a copy of their employment contract and accurate information regarding the work that they will be doing and their wages, benefits and working conditions.

Marginal note:Definition of student recruitment services

• 18 (1) For the purposes of this section, student recruitment services means any of the following services:

  • (a) seeking or obtaining enrollment for a client at an institution that provides education or training to international students;

  • (b) assisting or advising any person with respect to seeking or obtaining enrollment for a client at an institution that provides education or training to international students;

  • (c) assisting or advising a representative of an institution that provides education or training to international students or any person with respect to admitting a client to such an institution; or

  • (d) referring a client to another person who offers the services referred to in any of paragraphs (a), (b) or (c).

• Marginal note:Conflict of interest — student recruitment services

  (2) A licensee is in a conflict of interest if they provide both immigration or citizenship consulting services and student recruitment services to a client who is a foreign national, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, unless the licensee is providing those services in their capacity as a salaried employee of an institution that provides education or training to international students.

• Marginal note:Conditions

  (3) However, a licensee may provide both immigration or citizenship consulting services and student recruitment services to a client who is a foreign national if the licensee

  • (a) before providing those services, advises the client that they are not obligated to receive both services from the same individual and obtains the client’s free and informed consent in writing to proceed;

  • (b) ensures that the service agreement clearly differentiates between the immigration or citizenship consulting services and the student recruitment services that will be provided to the client;

  • (c) does not directly or indirectly charge a fee or disbursement to the client for any student recruitment services;

  • (d) discloses to the client the fees that the licensee is receiving from an institution that provides education or training to international students for recruiting the client to study at that institution;

  • (e) complies with all applicable legislation governing the provision of student recruitment services; and

  • (f) demonstrates honesty and candour towards the client and commitment to the client’s cause, including by providing the client with accurate information regarding

    • (i) the institution they will be enrolled in, which includes providing a copy of their enrollment agreement, if any,

    • (ii) their program of study,

    • (iii) the tuition fees and the institution’s refund policy, and

    • (iv) the services, support and benefits that the institution will be providing.

Competence

Marginal note:Competence and diligence

• 19 (1) A licensee must fulfill their professional obligations competently and diligently and must refrain from providing any immigration or citizenship consulting services that they are not competent to provide or that are beyond the scope of their licence.

• Marginal note:Nature of competence

  (2) To fulfill their professional obligations competently, a licensee must

  • (a) have the knowledge and experience necessary to provide the required immigration or citizenship consulting services and offer sound and comprehensive advice to a client, including in-depth knowledge of the Immigration and Refugee Protection Act and the Citizenship Act and any related programs and policies;

  • (b) have the oral and written communication skills necessary to protect a client’s interests and present a client’s case firmly and persuasively and within the limits of the law, including the ability to

    • (i) make clear and cogent oral and written representations in legal proceedings,

    • (ii) identify the salient points in an argument and respond to them effectively in the course of a hearing, and

    • (iii) know when it is appropriate to apply for an adjournment of a hearing and argue effectively for it;

  • (c) meet any applicable provincial competency requirements in relation to the provision of immigration or citizenship consulting services;

  • (d) be able to provide the services to the client in at least one of the official languages of Canada;

  • (e) be able to deliver the services to the client using technology that is appropriate and effective; and

  • (f) maintain a good working knowledge of the regulations and by-laws made under the Act that relate to the professional conduct and competence of licensees and of any related policies, procedures and guidelines of the College.

Marginal note:Obligation if not competent

• 20 (1) A licensee who lacks the competence to provide the required immigration or citizenship consulting services must

  • (a) decline to act; or

  • (b) with the client’s consent, obtain assistance from another individual who is authorized to provide representation or advice under section 91 of the Immigration and Refugee Protection Act or section 21.1 of the Citizenship Act and who is competent to provide those services.

• Marginal note:Requirements — services of another

  (2) If a licensee obtains assistance from another individual to provide the required immigration or citizenship consulting services,

  • (a) the terms of the arrangement, as well as the name of the other individual who will be providing the services and the scope of the services, must be disclosed to the client in writing; and

  • (b) any fees or disbursements in relation to the services provided by the other individual are subject to subsection 31(3).

Marginal note:Maintaining competence

21 A licensee must maintain the level of knowledge and skills required for the class of licence that they hold.

Marginal note:Delivering quality services

• 22 (1) When providing immigration or citizenship consulting services to a client, a licensee must

  • (a) comply with the applicable deadlines and timelines for an application, expression of interest or proceeding;

  • (b) conduct the client’s affairs in an efficient and cost-effective manner;

  • (c) communicate with the client in a timely and effective manner;

  • (d) demonstrate cultural sensitivity;

  • (e) obtain assistance, when necessary, including by retaining the services of an interpreter or translator; and

  • (f) if applicable, provide instructions and guidance on how the client may access online information regarding their application, expression of interest or proceeding, including any associated processing information.

• Marginal note:Actions taken when representing client

  (2) When representing a client in respect of an application, expression of interest or proceeding, the licensee must ensure that all the necessary documents and information are, as applicable, properly prepared, signed and submitted.

• Marginal note:Keeping client informed

  (3) The licensee must provide timely information to the client in writing concerning the status of their case, including by

  • (a) notifying the client when a document or information has been submitted or received on the client’s behalf; and

  • (b) on request, providing a copy of the documents that were submitted or received.

• Marginal note:Interpreter or translator

  (4) A licensee who retains the services of an interpreter or a translator must

  • (a) instruct the interpreter or translator to

    • (i) accurately translate what is said, with no additions or modifications, and

    • (ii) keep the information confidential; and

  • (b) take reasonable measures to ensure that the interpreter or translator

    • (i) is certified by an organization that is legally authorized to certify interpreters or translators, as the case may be, for the languages in question, or

    • (ii) if no certification process is available, is fluent in reading, writing or speaking the client’s language, depending on the client’s needs.

Relationship to Clients

Marginal note:Initial consultation

• 23 (1) Before a licensee has an initial consultation with a potential client with respect to the provision of immigration or citizenship consulting services, the licensee must enter into a written consultation agreement with that potential client.

• Marginal note:Content of consultation agreement

  (2) The consultation agreement must include the following information:

  • (a) the licensee’s name, registration number, address, telephone number and email address;

  • (b) the potential client’s name and contact information, including their address, telephone number and email address, if any;

  • (c) the fee for the consultation or, if the consultation is provided pro bono, a statement to that effect;

  • (d) a brief description of the College’s role as the licensee’s regulator; and

  • (e) a description of the purpose and scope of the consultation.

• Marginal note:Copy of agreement

  (3) The licensee must keep a copy of the signed consultation agreement for their records and provide a copy to the client.

Marginal note:Service agreement

• 24 (1) A licensee must enter into a written service agreement with a client before any immigration or citizenship consulting services are provided or, if there was an initial consultation, before any additional immigration or citizenship consulting services are provided.

• Marginal note:Preconditions

  (2) Before entering into a service agreement with a client, a licensee must

  • (a) confirm the following information in respect of the client, seeking corroboration of the information if possible:

    • (i) their full name,

    • (ii) their home address and their personal telephone number and email address, if any, and

    • (iii) their business address, telephone number and email address, if applicable;

  • (b) provide the client with a draft of the service agreement; and

  • (c) verify whether the client has entered into a service agreement with another individual who is authorized to provide representation or advice under section 91 of the Immigration and Refugee Protection Act or section 21.1 of the Citizenship Act and, if so,

    • (i) confirm that the service agreement with the other individual has been completed or has been terminated in writing before completion and, if applicable, confirm the outcome of the completed service agreement, or

    • (ii) obtain clear instructions from the client on the scope of the service agreement, if the client wishes to engage the services of both the licensee and the other individual.

• Marginal note:Content of service agreement

  (3) The service agreement must include the following information:

  • (a) the licensee’s name, registration number, address, telephone number and email address;

  • (b) the information referred to in subparagraphs (2)(a)(i) to (iii);

  • (c) a summary of any preliminary advice given to the client by the licensee;

  • (d) a statement that the licensee endeavours to provide quality immigration or citizenship consulting services and to adequately supervise any person who assists in the provision of those services;

  • (e) the names of the people who are likely to assist the licensee in the provision of immigration or citizenship consulting services;

  • (f) the client’s instructions;

  • (g) an itemized list of the services to be provided, tailored to the needs of the client, that describes the nature of the services and their scope;

  • (h) estimated time frames for the delivery of the services;

  • (i) an estimate of fees, including the hourly rate and the anticipated number of hours, or an agreed fixed fee or, if the services are provided pro bono, a statement to that effect;

  • (j) an estimate of expected disbursements;

  • (k) any goods and services tax, harmonized sales tax or other tax or levy to be charged to the client;

  • (l) the terms of payment for fees and disbursements, including any interest payable on unpaid amounts;

  • (m) any advance payments to be made by the client and the licensee’s refund policy;

  • (n) an explanation of any additional costs that the client may be required to pay;

  • (o) if applicable, a description of any conflict of interest or potential conflict of interest relating to the client;

  • (p) a statement that any original documents provided by the client to the licensee will be returned to the client as soon as the purpose for which the licensee took possession of the documents has been achieved;

  • (q) a statement that the licensee has an obligation of confidentiality under this Code and a description of the manner in which the licensee will maintain the confidentiality of the client’s information and documents;

  • (r) the licensee’s complaint-handling procedure;

  • (s) the official language of Canada in which the services will be provided;

  • (t) a statement that the licensee will provide timely information related to the status of the client’s case;

  • (u) a statement that the licensee will obtain assistance, when necessary, including by retaining the services of an interpreter or translator;

  • (v) a description of the College’s role as the licensee’s regulator and an explanation of the College’s complaints process;

  • (w) an explanation that the College may require the production of documents in accordance with the Act and any regulations or by-laws made under the Act;

  • (x) a statement that the licensee has provided a copy of this Code to the client;

  • (y) an explanation of what will happen to the client’s file if the licensee becomes incapacitated or is otherwise unable to continue providing services under the agreement; and

  • (z) any other terms agreed to.

• Marginal note:Copy of agreement

  (4) The licensee must keep a copy of the signed service agreement for their records and provide a copy to the client.

• Marginal note:Amendments to agreement

  (5) Any amendments to the service agreement must be agreed to by the client and the licensee in writing.

Marginal note:Non-application of sections 23 and 24

25 Sections 23 and 24 do not apply to a licensee who is a salaried employee of an institution that provides education or training to international students or an organization that represents such an institution if the following conditions are met:

• (a) the licensee, in their capacity as an employee of the institution or organization, provides immigration or citizenship consulting services to the institution or organization, employees of the institution or organization or current or prospective students of the institution;

• (b) no fees are payable to the licensee by the employees or current or prospective students of the institution or organization in respect of the services;

• (c) the licensee only provides advice — not representation — in connection with the submission of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act or a proceeding or application under that Act or under the Citizenship Act;

• (d) the licensee discloses to the institution or organization and the employees or current or prospective students to whom the services are provided that the licensee is regulated by the College and is subject to this Code, but that the obligations set out in sections 23 and 24 do not apply;

• (e) the licensee provides information about the College’s complaints process to the institution or organization and the employees or current or prospective students to whom the services are provided; and

• (f) the licensee provides information about the licensee’s or their employer’s complaints-handling procedure to the current or prospective students to whom the services are provided.

Marginal note:Exemption from application of sections 23 and 24

26 The College may exempt a licensee from the application of sections 23 and 24 if the College is satisfied that the following conditions are met:

• (a) the licensee is a salaried employee of an organization other than an institution or organization referred to in section 25 and, in that capacity, provides immigration or citizenship consulting services to the organization or its employees;

• (b) the primary business of the organization is not the provision of immigration or citizenship consulting services;

• (c) no fees are payable to the licensee by employees of the organization in respect of the services;

• (d) the licensee discloses to the organization and the employees to whom the services are provided that the licensee is regulated by the College and is subject to this Code, but that the obligations set out in sections 23 and 24 do not apply;

• (e) the licensee provides information about the College’s complaints process to the organization and the employees to whom the services are provided; and

• (f) the licensee is not providing employment recruitment services to the organization or the employees.

Marginal note:Opinion to be provided

27 If a licensee is of the opinion that a client’s proposed application, expression of interest or proceeding is futile, unfounded or has little or no hope of success, the licensee must

• (a) provide the client with a written opinion that sets out the licensee’s reasoning; and

• (b) if, despite the opinion, the client wishes to pursue the matter, obtain written acknowledgement from the client of the risks of doing so.

Marginal note:Obligation of confidentiality

• 28 (1) A licensee must keep confidential all information in relation to a client or former client, or a client’s or former client’s business affairs, that was acquired in the course of their professional relationship with that client and take the measures that are necessary to maintain the confidentiality of that information indefinitely.

• Marginal note:Disclosure of confidential information

  (2) A licensee must not disclose any information referred to in subsection (1), or allow such information to be disclosed, unless the disclosure is

  • (a) authorized by the client;

  • (b) required or authorized by law;

  • (c) required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records;

  • (d) required by the College in the exercise of its powers under the Act;

  • (e) made to a person who is assisting the licensee in the provision of immigration or citizenship consulting services to the client;

  • (f) necessary to collect an outstanding account; or

  • (g) required in the context of judicial or administrative proceedings to defend the licensee or a person who is assisting the licensee in the provision of immigration or citizenship consulting services against allegations that the licensee or the person has

    • (i) committed an offence involving a client’s affairs,

    • (ii) committed a violation involving a client’s affairs in respect of which administrative penalties and consequences may be imposed,

    • (iii) engaged their civil liability for an act or omission in relation to a client’s affairs, or

    • (iv) engaged in conduct that is subject to investigation by the College or a law society of a province or the Chambre des notaires du Québec.

• Marginal note:Scope of disclosure

  (3) If a licensee discloses confidential information under subsection (2), the licensee must not disclose more information than necessary to respond to the specific basis for the disclosure.

Marginal note:Complaints

29 A licensee must promptly respond to any complaints made to the licensee by a client in respect of the immigration or citizenship consulting services provided or in respect of any person assisting the licensee in the provision of those services.

Marginal note:Errors or omissions

• 30 (1) If a licensee is responsible for an error or omission, in respect of a client’s case, that results or may result in prejudice to the client and that cannot be readily corrected, the licensee must

  • (a) promptly and fully inform the client, the licensee’s professional liability insurer and the Registrar of the error or omission;

  • (b) promptly recommend that the client obtain legal advice concerning any rights that the client may have arising from the error or omission;

  • (c) promptly provide confirmation to the Registrar that the licensee’s professional liability insurer has been informed of the error or omission; and

  • (d) determine if it is appropriate to continue providing immigration or citizenship consulting services to the client.

• Marginal note:Interpretation — liability insurance

  (2) If a licensee is covered by an employer’s liability insurance in respect of the error or omission, the reference in paragraph (1)(a) and (c) to the licensee’s professional liability insurer is to be read as a reference to the employer’s liability insurer.

Marginal note:Fees

• 31 (1) All fees charged to a client by a licensee for immigration or citizenship consulting services must be fair and reasonable in the circumstances.

• Marginal note:Disbursements

  (2) Any disbursements charged to a client by a licensee for immigration or citizenship consulting services must not exceed the actual amount of the disbursement.

• Marginal note:Additional fees or disbursements

  (3) If any fees or disbursements will exceed the estimates or fixed amounts agreed to in the service agreement, or if any new disbursements arise, a licensee must

  • (a) inform the client of the additional fees or disbursements; and

  • (b) obtain the client’s agreement in writing.

• Marginal note:Unnecessary increases — fees or disbursements

  (4) A licensee must not undertake work that unnecessarily increases fees or disbursements.

Marginal note:Advance payments

32 A licensee who receives an advance payment from a client for immigration or citizenship consulting services must

• (a) hold the funds in trust in a client account, opened by the licensee, at a financial institution that is approved by the College;

• (b) on receipt of an advance payment, provide the client with a receipt that clearly indicates the amount of the advance payment and deposit the funds into the client account;

• (c) refrain from depositing any funds not belonging to a client into the client account;

• (d) maintain separate records of deposits and withdrawals for each client;

• (e) use the funds held in the client account only for the purpose for which they were paid to the licensee;

• (f) before withdrawing funds from the client account, invoice the client in accordance with subsection 33(1); and

• (g) not later than 30 days after the day on which the client is invoiced under paragraph (f), withdraw the invoiced amount from the client account.

Marginal note:Invoice

• 33 (1) A licensee may invoice a client only once they have provided immigration or citizenship consulting services to the client or have made disbursements on the client’s behalf.

• Marginal note:Description of services and disbursements

  (2) Every invoice issued by the licensee must contain a full description of the services and disbursements to which the invoice relates.

• Marginal note:Receipt

  (3) When a payment is received from a client, the licensee must provide the client with a receipt that clearly indicates the invoice to which the payment relates.

Marginal note:Termination of service agreement

34 Subject to section 35, a licensee may terminate a service agreement before its completion only if reasonable notice is provided to the client and the termination

• (a) is done for good reason, such as the client having

  • (i) deceived the licensee,

  • (ii) failed to give adequate instructions to the licensee,

  • (iii) failed to follow the licensee’s advice on a significant point, or

  • (iv) failed to pay the licensee’s fees or disbursements as agreed; and

• (b) will not result in serious prejudice to the client.

Marginal note:Mandatory termination of service agreement

• 35 (1) A licensee must terminate a service agreement before its completion if

  • (a) the client no longer wishes to receive the services from the licensee;

  • (b) the client, despite advice provided in accordance with subsection (2), asks the licensee to act in a manner that is dishonest, fraudulent or illegal or that would not meet the standards of professional conduct and competence that are established by this Code or would contravene a provision of a regulation or a by-law made under the Act;

  • (c) the continued provision of the services would place the licensee in a conflict of interest, unless the licensee obtains the client’s consent in accordance with section 15; or

  • (d) the licensee lacks the competence to continue serving the client and fulfilling their professional obligations and does not obtain assistance from another individual in accordance with paragraph 20(1)(b).

• Marginal note:Dishonest or illegal conduct

  (2) If a client asks the licensee to act in a manner that is dishonest, fraudulent or illegal or that would not meet the standards of professional conduct and competence that are established by this Code or would contravene a provision of a regulation or a by-law made under the Act, the licensee must advise the client of that fact and that the conduct should not be pursued.

• Marginal note:Referral to other licensee

  (3) If a service agreement is terminated in accordance with paragraph (1)(c) or (d), the licensee must, if possible, refer the client to another individual who is authorized to provide representation or advice under section 91 of the Immigration and Refugee Protection Act or section 21.1 of the Citizenship Act and who is competent to provide the immigration or citizenship consulting services.

Marginal note:Actions required — completion or termination

• 36 (1) When a service agreement is completed or terminated before its completion a licensee must, not later than 30 days after the day on which the service agreement is completed or terminated,

  • (a) if the licensee is in possession of any of the client’s documents or anything else that belongs to the client, return them to the client;

  • (b) provide an accounting of all funds received from the client;

  • (c) issue a final invoice to the client for any amounts owed by the client for services rendered and disbursements made; and

  • (d) refund to the client any funds held in trust on the client’s behalf that are in excess of the invoiced amount.

• Marginal note:Actions required — termination

  (2) If the service agreement is terminated before its completion, the licensee must also

  • (a) provide the client with all information in the licensee’s possession that may be required in connection with the client’s file;

  • (b) cooperate with a successor representative, if any, to minimize expense and avoid prejudice to the client; and

  • (c) if the licensee is listed as the client’s representative with any department or agency of the government of Canada or of a province, provide notice that they are no longer representing the client to that department or agency

    • (i) in accordance with the department or agency’s procedures, or

    • (ii) if no procedures exist, in writing within 10 days after the day on which the service agreement is terminated.

• Marginal note:Transfer of file

  (3) If a client requests that their file be transferred to another representative, the licensee must, even if there are payments outstanding, deliver all documents relating to the client’s file to that representative not later than 10 business days after the day on which the transfer request is made.

• Marginal note:Delay

  (4) If it is, for reasons beyond the licensee’s control, not feasible to deliver the documents within the time frame referred to in subsection (3), the licensee must advise the client and the other representative of the delay and deliver the documents not later than 30 days after the day on which the transfer request is made.

Office Administration and Management

Marginal note:Record keeping

37 A licensee must maintain a reliable system of office administration in relation to the immigration or citizenship consulting services that they provide and keep and preserve records in accordance with the by-laws made under the Act.

Marginal note:Compliance with Code

• 38 (1) A licensee must ensure that a person who assists in the provision of immigration or citizenship consulting services

  • (a) is of good character;

  • (b) is provided with a copy of this Code and is familiar with its contents; and

  • (c) does not carry out any acts that, if carried out by the licensee, would contravene this Code.

• Marginal note:Professional responsibility

  (2) A licensee must supervise and assume professional responsibility for any work done by a person who assists in the provision of immigration or citizenship consulting services and ensure that the level of supervision is adequate for the type of work in question.

• Marginal note:Delegation

  (3) For greater certainty, a licensee may delegate certain aspects of their work to a person who is not a licensee but must ensure that the person does not provide representation or advice in contravention of section 91 of the Immigration and Refugee Protection Act or section 21.1 of the Citizenship Act.

Relationship to the College and Other Persons

Marginal note:Mandatory reporting to College

39 If any of the following circumstances arise, a licensee must report the circumstances to the Registrar not later than 30 days after the day on which they arise:

• (a) the licensee becomes bankrupt or insolvent;

• (b) the licensee is suffering from a physical or mental health problem or an addiction, verified by a health care professional, that limits the licensee’s capacity to practise;

• (c) the licensee is charged with or found guilty of an offence under an Act of Parliament;

• (d) the licensee is subject to disciplinary or remedial measures — imposed by a tribunal, a regulatory body, an employment or human rights board or a similar body — in relation to any aspect of their professional affairs;

• (e) the licensee is named as a defendant in a civil action arising from or relating to the licensee’s professional affairs;

• (f) the licensee has discovered that an error was made with respect to the use or attribution of funds held in trust in a client account; or

• (g) the licensee is subject to a formal complaint or a disciplinary or remedial measure by an employer in relation to the provision of immigration or citizenship consulting services.

Marginal note:Response to College

40 A licensee must respond fully to any communication from the College in which a response is specifically requested and must do so promptly or, if a time for responding is specified in the communication from the College, within that time.

Marginal note:Communications with complainant

• 41 (1) A licensee must not communicate directly or indirectly with a person who has made a complaint to the College about the licensee, or with the superior of such a person, unless

  • (a) the College has consented to the communication in writing; and

  • (b) the licensee complies with any terms stipulated by the College.

• Marginal note:Current clients

  (2) If the complainant is a current client and steps have not been taken to terminate the service agreement with that client, the licensee must continue to fulfill their obligations to the client but must only communicate with the client as permitted under subsection (1).

Marginal note:Conduct of fellow licensee

• 42 (1) If a licensee suspects on reasonable grounds that a fellow licensee has engaged in conduct that is more than trivially inconsistent with this Code or obtains any information that raises a material concern as to the competence, integrity or capacity to practise of a fellow licensee, the licensee must promptly report the conduct or information to the College.

• Marginal note:Reportable conduct

  (2) Without limiting the generality of subsection (1), information regarding any of the following occurrences must be reported to the College:

  • (a) a fellow licensee misappropriates or misapplies funds belonging to a client;

  • (b) a fellow licensee fails to comply with an order of a court or a decision made under subsection 68(1) or 69(3) of the Act;

  • (c) a client files a civil claim against a fellow licensee in relation to conduct that is likely to discredit the profession or jeopardize the public’s confidence and trust in the profession;

  • (d) a fellow licensee abandons their immigration or citizenship consulting services practice;

  • (e) a fellow licensee participates in serious criminal activity related to their practice; and

  • (f) any situation in which a fellow licensee’s clients are likely to be severely prejudiced.

• Marginal note:Exceptions

  (3) A licensee is not required to report conduct or information to the College under subsection (1) if

  • (a) doing so would result in the breach of a duty of confidentiality that is imposed by or under an Act of Parliament or of the legislature of a province; or

  • (b) the licensee knows that the matter has already been reported to the College.

Marginal note:False, misleading or inaccurate public statement

43 A licensee must not make a false, misleading or inaccurate public statement about another licensee, the College or any staff or person whose services are retained by the College.

Marketing of Immigration or Citizenship Consulting Services

Marginal note:Marketing of services

• 44 (1) A licensee who markets immigration or citizenship consulting services must ensure that

  • (a) their name, as registered with the College, is prominently displayed or announced at or near the beginning of any advertisement for the services, in the language used in the advertisement;

  • (b) any written advertisement for the services includes the Internet address of the College’s online public register of licensees; and

  • (c) the marketing is in the best interests of the public and is consistent with a high standard of professionalism.

• Marginal note:False, misleading or inaccurate representations

  (2) In marketing immigration or citizenship consulting services, a licensee must not

  • (a) make false, misleading or inaccurate representations;

  • (b) guarantee the success of an application, expression of interest or proceeding; or

  • (c) imply that the licensee has a relationship with the Government of Canada or a provincial government.

Marginal note:Client endorsement

45 A licensee may use an endorsement by a client or former client in the marketing of their immigration or citizenship consulting services only if the endorsement

• (a) was actually given by a client or former client;

• (b) is true and accurate; and

• (c) has been reviewed and approved for public use by the client or former client in writing.

Marginal note:Identifying marks of College

46 A licensee may use the College’s name, logo or other identifying mark only as permitted by the College.

Transitional Provision

Marginal note:Inconsistency with Council by-laws and regulations

47 In the event of an inconsistency or conflict between this Code and any by-laws of the Immigration Consultants of Canada Regulatory Council, or any regulations made by that Council’s board of directors, that remain in effect by virtue of paragraph 85(7)(o) of the Act, this Code prevails to the extent of the inconsistency or conflict.

Establishment and Coming into Force

Marginal note:Registration

48 This Code is established and comes into force on the day on which it is registered.