Last Updated on May 14, 2021
The following is a copy of the proposed ‘Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees’.
It was published under the College of Immigration and Citizenship Consultants Act in the official Canada Gazette on May 14, 2021 and opened to public consultation for 30 days.
Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees
Interpretation
Definitions
1 (1) The following definitions apply in this Code.
Act
means the College of Immigration and Citizenship Consultants Act. (Loi)
client
means a person who
- (a) consults with a licensee and on whose behalf the licensee provides or agrees to provide immigration or citizenship consulting services; or
- (b) having consulted with a licensee, reasonably concludes that the licensee has agreed to provide immigration or citizenship consulting services on their behalf. (client)
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 former client.
Purpose and Application
Purpose
2 The purpose of this Code is to establish the standards of professional conduct and competence that must be met by licensees of the College.
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
Standards of profession
4 (1) A licensee must uphold the standards of the profession and perform their professional obligations honourably and with integrity.
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.
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.
Duty of honesty and candour
6 A licensee must be honest and candid when advising their clients.
Duty of civility
7 A licensee must be courteous and civil in all aspects of their work.
Relationship of trust
8 A licensee must foster a relationship of trust with their clients, including by not taking advantage of their clients’ vulnerabilities.
Compliance with applicable legislation
9 A licensee must comply with all applicable legislation, including any regulations and by-laws made under the Act that relate to the professional conduct and competence of licensees.
Discrimination
10 A licensee must not, in any aspect of their work, engage in a discriminatory practice within the meaning of the Canadian Human Rights Act.
Intimidation and coercion
11 A licensee must not, in any aspect of their work, intimidate or coerce any person, including by
- (a) applying undue pressure, directly or through a third party;
- (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; or
- (e) untruthfully asserting possible sanctions or administrative consequences.
Dishonesty, fraud or other illegal conduct
12 A licensee must not, in any aspect of their work, do anything or omit to do anything that they know or ought to know would assist in or encourage dishonesty, fraud or other illegal conduct.
Inducement
13 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 to licensee; or
- (b) 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.
Possession of original documents
14 (1) A licensee must not take possession of any of a client’s original documents without a legitimate reason.
Temporary possession
(2) A licensee may take temporary possession of an original document of a client for the purpose of making copies or complying with a requirement in connection with a proceeding or application under the Citizenship Act, 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.
Return to client
(3) If a licensee takes possession of any of a client’s original documents, the documents must be returned to the client as soon as there is no longer a legitimate reason to possess them.
Conflicts of interest
15 (1) Subject to sections 16 and 17, a licensee must not provide immigration or citizenship consulting services to a person 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 person in writing and the person provides free and informed consent in writing.
Duty to avoid conflict
(2) Despite subsection (1), a licensee must not provide immigration or citizenship consulting services to a person, 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 represent that person without compromising
- (a) their objectivity or the relationship of trust with a client; or
- (b) their duty of confidentiality toward a client or former client.
Unauthorized behaviours
16 The following behaviours constitute a conflict of interest to which a client cannot consent:
- (a) lending money to, or borrowing money from, a client;
- (b) undertaking any other transactions with a client, other than transactions in relation to the provision of immigration or citizenship consulting services, unless the transaction is fair and reasonable and the client has received independent legal advice from a lawyer authorized to practice in the jurisdiction where the transaction takes place; or
- (c) engaging in an intimate personal relationship with a client or a former client within one year after the day on which the service agreement is terminated.
Recruitment services
17 (1) A licensee is in a conflict of interest if they provide both immigration or citizenship consulting services and recruitment services to a client who is a foreign national, as defined in subsection 2(1) of the Immigration and Refugee Protection Act.
Conditions
(2) However, a licensee may provide both immigration or citizenship consulting services and 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 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 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 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.
Definition of recruitment services
(3) For the purposes of this section, recruitment services means services that consist of
- (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 any of the services referred to in paragraphs (a), (b) and (c).
Competence
Competence and diligence
18 (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.
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 the official language of the client’s choice;
- (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.
Obligation if not competent
19 A licensee who lacks the competence to provide the required immigration or citizenship consulting services must
- (a) decline to act; or
- (b) obtain the client’s consent to retain, consult or work with another person who is competent and licensed to provide the services.
Maintaining competence
20 A licensee must maintain the level of knowledge and skills required for the class of licence that they hold.
Delivering quality services
21 (1) When providing immigration or citizenship consulting services to a client, a licensee must
- (a) respect 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; and
- (e) obtain assistance, when necessary, including by retaining the services of an interpreter or translator.
Actions taken on behalf of client
(2) When acting on behalf of 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.
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 on the client’s behalf; and
- (b) on request, providing a copy of the documents that were submitted.
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.
Opinion to be provided
22 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.
Relationship to Clients
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.
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, if known, date of birth and 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 description of the College’s role as the licensee’s regulator; and
- (e) a description of the purpose of the consultation.
Copy of agreement
(3) The licensee must keep a copy of the signed consultation agreement for their records and provide a copy to the potential client.
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.
Preconditions
(2) Before entering into a service agreement with a client, a licensee must
- (a) confirm the following information in respect of the client using credible sources:
- (i) their full name,
- (ii) their home address, personal telephone number and email address,
- (iii) their occupation or occupations, and
- (iv) their business address, telephone number and email address, if applicable;
- (b) provide the client with a template of the service agreement; and
- (c) if the client has entered into a service agreement with another licensee,
- (i) ensure that the service agreement with that licensee has been completed or has been terminated in writing before completion, or
- (ii) if the client wishes to engage the services of both licensees, obtain clear instructions from the client on the scope of the service agreement.
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 client’s name and, if known, date of birth and their address, telephone number and email address, if any;
- (c) the client’s immigration status, if known;
- (d) a summary of any preliminary advice given to the client by the licensee;
- (e) 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;
- (f) an identification of the people who are likely to assist in the provision of immigration or citizenship consulting services;
- (g) the client’s instructions;
- (h) an itemized list of the services to be provided, tailored to the needs of the client, that describes the nature of the services;
- (i) estimated time frames for the delivery of the services;
- (j) 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;
- (k) an estimate of expected disbursements;
- (l) an identification of any goods and services tax, harmonized sales tax or other tax or levy to be charged to the client;
- (m) the terms of payment for fees and disbursements, including any interest payable on unpaid amounts;
- (n) any advance payments to be made by the client and the licensee’s refund policy;
- (o) an explanation of any additional costs that the client may be required to pay;
- (p) if applicable, a description of any conflict of interest or potential conflict of interest relating to the client;
- (q) a statement that any original documents provided by the client to the licensee will be returned to the client as soon as there is no longer a legitimate reason for the licensee to possess them;
- (r) the licensee’s complaint-handling procedure;
- (s) an indication of the official language in which the client chooses to receive the services;
- (t) a statement that the licensee will obtain assistance, when necessary, including by retaining the services of a interpreter or translator;
- (u) a description of the College’s role as the licensee’s regulator and an explanation of the College’s complaints process;
- (v) 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;
- (w) confirmation that the licensee has provided a copy of this Code to the client;
- (x) 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;
- (y) instructions on how the client may
- (i) if applicable, obtain online access to information regarding their application, expression of interest or proceeding, and
- (ii) verify the Department of Citizenship and Immigration’s online processing times related to applications, expressions of interest and proceedings; and
- (z) any other terms agreed to.
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.
Obligation of confidentiality
25 (1) A licensee must keep confidential all information in relation to a client or former client, or a client 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.
Disclosure of confidential information
(2) A licensee must not disclose confidential client information, 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 accordance with the Act or any regulations or by-laws made 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.
Scope of disclosure
(3) If a licensee discloses confidential client information under subsection (2), the licensee must not disclose more information than necessary to respond to the specific basis for the disclosure.
Complaints
26 A licensee must, as soon as feasible, 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.
Errors or omissions
27 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, as soon as feasible,
- (a) fully inform the client, the licensee’s professional liability insurer and the Registrar of the error or omission;
- (b) recommend that the client obtain a lawyer’s advice concerning any rights that the client may have arising from the error or omission;
- (c) provide confirmation to the Registrar that their 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.
Fees
28 (1) All fees charged to a client by a licensee for immigration or citizenship consulting services must be fair and reasonable in the circumstances.
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.
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.
Unnecessary increases — fees or disbursements
(4) A licensee must not undertake work that unnecessarily increases fees or disbursements.
Advance payments
29 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, send an invoice to the client in accordance with subsection 30(1); and
- (g) withdraw the invoiced amount from the client account as soon as feasible.
Invoice
30 (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.
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.
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.
Termination of service agreement
31 (1) Subject to section 32, a licensee may terminate a service agreement with a client before its completion only if reasonable notice is provided to the client and the termination
- (a) is done for good reason; and
- (b) will not result in serious prejudice to the client.
Non-payment of fees or disbursements
(2) A client’s failure to pay the licensee’s fees or disbursements as agreed constitutes a good reason for the purposes of paragraph (1)(a).
Mandatory termination of service agreement
32 (1) A licensee must terminate a service agreement with a client 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 the licensee knows or ought to know is dishonest, fraudulent or otherwise illegal; or
- (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.
Dishonest or illegal conduct
(2) If a client asks the licensee to act in a manner that is dishonest, fraudulent or otherwise illegal, the licensee must advise the client that the conduct is dishonest, fraudulent or otherwise illegal and that the conduct should not be pursued.
Actions required — termination of service agreement
33 (1) When a service agreement is terminated, whether before or on its completion, a licensee must, as soon as feasible,
- (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.
Actions required — termination before completion
(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.
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 within three working days after the day on which the request is made.
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 as soon as feasible.
Office Administration and Management
Record keeping
34 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.
Compliance with Code
35 (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.
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.
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 those people do 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
Mandatory reporting to College
36 If any of the following circumstances arise, a licensee must report the circumstances to the Registrar as soon as feasible:
- (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 practice;
- (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.
Response to College
37 A licensee must, as soon as feasible, respond fully to any communication from the College.
Communications with complainant
38 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.
Conduct of fellow licensee
39 (1) If a licensee suspects that a fellow licensee has engaged in conduct that is inconsistent with this Code, the licensee must, if possible, seek an explanation from their fellow licensee regarding the conduct.
Report to College
(2) If it is not possible to obtain an explanation of the conduct in accordance with subsection (1) or if, after having obtained an explanation, the licensee is of the view that their fellow licensee has engaged in conduct that is inconsistent with this Code, the licensee must report the conduct to the College as soon as feasible.
False, misleading or inaccurate public statement
40 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
Marketing of services
41 (1) A licensee who markets immigration or citizenship consulting services must ensure that
- (a) their name, as registered with the College, and their registration number are prominently displayed or announced at or near the beginning of any advertisement for the services, in the language used in the advertisement; and
- (b) the marketing is in the best interests of the public and is consistent with a high standard of professionalism.
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.
Client endorsement
42 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.
Identifying marks of College
43 A licensee may use the College’s name, logo or other identifying mark only as permitted by the College.
Coming into Force
Registration
44 This Code comes into force on the day on which it is registered.