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

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.