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

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.