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

Marginal note:Definition of employment recruitment services

• 17 (1) For the purposes of this section, employment recruitment services means any of the following services:

  • (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 the services referred to in any of paragraphs (a), (b) or (c).

• Marginal note:Conflict of interest — employment recruitment services

  (2) A licensee is in a conflict of interest if they provide both immigration or citizenship consulting services and employment recruitment services to a client who is a foreign national, as defined in subsection 2(1) of the Immigration and Refugee Protection Act.

• Marginal note:Conditions

  (3) However, a licensee may provide both immigration or citizenship consulting services and employment 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 employment 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 employment 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 employment 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.