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.