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

has entered into a consultation agreement or service agreement with a licensee;

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

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

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

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.

applying undue pressure, directly or indirectly;

making physical or verbal threats;

engaging in any form of harassment, including sexual harassment;

using their knowledge about social and cultural norms to exploit a situation;

untruthfully asserting possible sanctions or administrative consequences; or

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.

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

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.

making copies;

complying with a legal requirement or a requirement of a government authority; or

a purpose to which the client has consented in writing.

their objectivity or the relationship of trust with any of their clients; or

their duty of confidentiality towards any of their clients or former clients.

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

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

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.

seeking or obtaining employment for a client;

assisting or advising any person with respect to seeking or obtaining employment for a client;

assisting or advising an employer or another person with respect to hiring a client; or

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

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;

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;

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

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

complies with all applicable legislation governing the provision of employment recruitment services; and

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.

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

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;

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

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

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;

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;

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

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;

complies with all applicable legislation governing the provision of student recruitment services; and

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

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;

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

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

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

be able to deliver the services to the client using technology that is appropriate and effective; and

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.

decline to act; or

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.

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

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

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

conduct the client’s affairs in an efficient and cost-effective manner;

communicate with the client in a timely and effective manner;

demonstrate cultural sensitivity;

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

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.

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

on request, providing a copy of the documents that were submitted or received.

instruct the interpreter or translator to

take reasonable measures to ensure that the interpreter or translator

the licensee’s name, registration number, address, telephone number and email address;

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

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

a brief description of the College’s role as the licensee’s regulator; and

a description of the purpose and scope of the consultation.

confirm the following information in respect of the client, seeking corroboration of the information if possible:

provide the client with a draft of the service agreement; and

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,

the licensee’s name, registration number, address, telephone number and email address;

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

a summary of any preliminary advice given to the client by the licensee;

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;

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

the client’s instructions;

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;

estimated time frames for the delivery of the services;

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;

an estimate of expected disbursements;

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

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

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

an explanation of any additional costs that the client may be required to pay;

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

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;

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;

the licensee’s complaint-handling procedure;

the official language of Canada in which the services will be provided;

a statement that the licensee will provide timely information related to the status of the client’s case;

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

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

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;

a statement that the licensee has provided a copy of this Code to the client;

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

any other terms agreed to.

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;

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;

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;

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;

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

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.

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;

the primary business of the organization is not the provision of immigration or citizenship consulting services;

no fees are payable to the licensee by employees of the organization in respect of the services;

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;

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

the licensee is not providing employment recruitment services to the organization or the employees.

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

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

authorized by the client;

required or authorized by law;

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;

required by the College in the exercise of its powers under the Act;

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

necessary to collect an outstanding account; or

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

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

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

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

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

inform the client of the additional fees or disbursements; and

obtain the client’s agreement in writing.

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

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;

refrain from depositing any funds not belonging to a client into the client account;

maintain separate records of deposits and withdrawals for each client;

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

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

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.

is done for good reason, such as the client having

will not result in serious prejudice to the client.

the client no longer wishes to receive the services from the licensee;

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;

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

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).

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;

provide an accounting of all funds received from the client;

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

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

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

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

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

is of good character;

is provided with a copy of this Code and is familiar with its contents; and

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

the licensee becomes bankrupt or insolvent;

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;

the licensee is charged with or found guilty of an offence under an Act of Parliament;

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;

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

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

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.

the College has consented to the communication in writing; and

the licensee complies with any terms stipulated by the College.

a fellow licensee misappropriates or misapplies funds belonging to a client;

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;

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;

a fellow licensee abandons their immigration or citizenship consulting services practice;

a fellow licensee participates in serious criminal activity related to their practice; and

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

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

the licensee knows that the matter has already been reported to the College.

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;

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

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

make false, misleading or inaccurate representations;

guarantee the success of an application, expression of interest or proceeding; or

imply that the licensee has a relationship with the Government of Canada or a provincial government.

was actually given by a client or former client;

is true and accurate; and

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