GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees — 22
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. 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. 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. 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.
Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees — 23
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 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. 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.
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ices 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. 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. Amendments to agreement (5) Any amendments to the service agreement must be agreed to by the client and the licensee in writing.
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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.
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Exemption from application of sections 23 and 24 26 The College may exempt a licensee from the application of sections 23 and 24 if the College is satisfied that the following conditions are met: (a) the licensee is a salaried employee of an organization other than an institution or organization referred to in section 25 and, in that capacity, provides immigration or citizenship consulting services to the organization or its employees; (b) the primary business of the organization is not the provision of immigration or citizenship consulting services; (c) no fees are payable to the licensee by employees of the organization in respect of the services; (d) the licensee discloses to the organization and the employees 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 organization and the employees to whom the services are provided; and (f) the licensee is not providing employment recruitment services to the organization or the employees.
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Opinion to be provided 27 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.
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Obligation of confidentiality 28 (1) A licensee must keep confidential all information in relation to a client or former client, or a client’s 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 any information referred to in subsection (1), 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 the exercise of its powers 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 information under subsection (2), the licensee must not disclose more information than necessary to respond to the specific basis for the disclosure.
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Complaints 29 A licensee must promptly 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.
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Errors or omissions 30 (1) 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 (a) promptly and fully inform the client, the licensee’s professional liability insurer and the Registrar of the error or omission; (b) promptly recommend that the client obtain legal advice concerning any rights that the client may have arising from the error or omission; (c) promptly provide confirmation to the Registrar that the licensee’s 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. Interpretation — liability insurance (2) If a licensee is covered by an employer’s liability insurance in respect of the error or omission, the reference in paragraph (1)(a) and (c) to the licensee’s professional liability insurer is to be read as a reference to the employer’s liability insurer.
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Fees 31 (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.
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Advance payments 32 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, invoice the client in accordance with subsection 33 (1); and (g) not later than 30 days after the day on which the client is invoiced under paragraph (f), withdraw the invoiced amount from the client account.
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Invoice 33 (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.
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Termination of service agreement 34 Subject to section 35 , a licensee may terminate a service agreement before its completion only if reasonable notice is provided to the client and the termination (a) is done for good reason, such as the client having (i) deceived the licensee, (ii) failed to give adequate instructions to the licensee, (iii) failed to follow the licensee’s advice on a significant point, or (iv) failed to pay the licensee’s fees or disbursements as agreed; and (b) will not result in serious prejudice to the client.
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Mandatory termination of service agreement 35 (1) A licensee must terminate a service agreement before its completion 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 is dishonest, fraudulent or illegal or that would not meet the standards of professional conduct and competence that are established by this Code or would contravene a provision of a regulation or a by-law made under the Act; (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 ; or (d) the licensee lacks the competence to continue serving the client and fulfilling their professional obligations and does not obtain assistance from another individual in accordance with paragraph 20 (1)(b). Dishonest or illegal conduct (2) If a client asks the licensee to act in a manner that is dishonest, fraudulent or illegal or that would not meet the standards of professional conduct and competence that are established by this Code or would contravene a provision of a regulation or a by-law made under the Act, the licensee must advise the client of that fact and that the conduct should not be pursued. Referral to other licensee (3) If a service agreement is terminated in accordance with paragraph (1)(c) or (d), the licensee must, if possible, refer the client to 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 the immigration or citizenship consulting services.
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Actions required — completion or termination 36 (1) When a service agreement is completed or terminated before its completion a licensee must, not later than 30 days after the day on which the service agreement is completed or terminated, (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 (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 not later than 10 business days after the day on which the transfer 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 not later than 30 days after the day on which the transfer request is made.
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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.
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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. 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 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 .
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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.
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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.
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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. 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).
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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. 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. 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.