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

Office Administration and Management

Marginal note:Record keeping

37 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 made under the Act.

Marginal note:Compliance with Code

• 38 (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.

• Marginal note: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.

• Marginal note: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 the person does 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

Marginal note:Mandatory reporting to College

39 If any of the following circumstances arise, a licensee must report the circumstances to the Registrar not later than 30 days after the day on which they arise:

• (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 practise;

• (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;

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

• (f) 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

• (g) 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.

Marginal note:Response to College

40 A licensee must respond fully to any communication from the College in which a response is specifically requested and must do so promptly or, if a time for responding is specified in the communication from the College, within that time.

Marginal note:Communications with complainant

• 41 (1) 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.

• Marginal note:Current clients

  (2) If the complainant is a current client and steps have not been taken to terminate the service agreement with that client, the licensee must continue to fulfill their obligations to the client but must only communicate with the client as permitted under subsection (1).

Marginal note:Conduct of fellow licensee

• 42 (1) If a licensee suspects on reasonable grounds that a fellow licensee has engaged in conduct that is more than trivially inconsistent with this Code or obtains any information that raises a material concern as to the competence, integrity or capacity to practise of a fellow licensee, the licensee must promptly report the conduct or information to the College.

• Marginal note:Reportable conduct

  (2) Without limiting the generality of subsection (1), information regarding any of the following occurrences must be reported to the College:

  • (a) a fellow licensee misappropriates or misapplies funds belonging to a client;

  • (b) 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;

  • (c) 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;

  • (d) a fellow licensee abandons their immigration or citizenship consulting services practice;

  • (e) a fellow licensee participates in serious criminal activity related to their practice; and

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

• Marginal note:Exceptions

  (3) A licensee is not required to report conduct or information to the College under subsection (1) if

  • (a) 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

  • (b) the licensee knows that the matter has already been reported to the College.

Marginal note:False, misleading or inaccurate public statement

43 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

Marginal note:Marketing of services

• 44 (1) A licensee who markets immigration or citizenship consulting services must ensure that

  • (a) 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;

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

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

• Marginal note: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 or a provincial government.

Marginal note:Client endorsement

45 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.

Marginal note:Identifying marks of College

46 A licensee may use the College’s name, logo or other identifying mark only as permitted by the College.

Transitional Provision

Marginal note:Inconsistency with Council by-laws and regulations

47 In the event of an inconsistency or conflict between this Code and any by-laws of the Immigration Consultants of Canada Regulatory Council, or any regulations made by that Council’s board of directors, that remain in effect by virtue of paragraph 85(7)(o) of the Act, this Code prevails to the extent of the inconsistency or conflict.

Establishment and Coming into Force

Marginal note:Registration

48 This Code is established and comes into force on the day on which it is registered.