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

Regulations are current to 2024-03-06

General Standards (continued)

Competence (continued)

Marginal note:Obligation if not competent

  •  (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

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

Marginal note:Delivering quality services

  •  (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

  •  (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

  •  (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

 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

 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

 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

  •  (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.

 

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