In this edition:
College to Launch Fraud Prevention Month Campaign
To mark the start of Fraud Prevention Month on March 1, the College will launch a multi-lingual social media campaign to help safeguard the public from immigration fraud.
The College’s campaign will include social media posts in French, English, Mandarin, Tagalog and Hindi and will be displayed in key foreign markets including Nigeria, China, Philippines and India, some of the top source countries of immigration to Canada.
“Our message is simple – if you choose to work with an immigration consultant, check that they are licensed by the College on our Public Register,” said John Murray, President & CEO of the College.
“Checking the Public Register is one of the best ways people can protect themselves from immigration fraud. Fraud can have a devasting impact on people who hope to make Canada their home.”
The College is a proud member of the Fraud Prevention Forum, which works together to prevent consumers from becoming victims of fraud through education on how to recognize, reject, and report fraud.
We encourage all licensees to join the conversation by liking and sharing the College’s campaign and using the hashtag #FPM2024.
Be sure to follow the College’s social media channels:
Visit Our Exhibitor Booth at the Metropolis Canada Conference
College staff will attend the 2024 Metropolis Canada Conference from March 13-15 in Montréal.
The Metropolis is an annual gathering of researchers, policy makers and representatives from settlement and community organizations.
The theme of the conference this year is Our Immigration System: The Way Forward.
College staff will join attendees participating in discussions on emerging issues and informing immigration, refugee, and settlement policy.
If you are attending the conference, please visit our exhibitor booth!
Proper Insignia Use
The RCIC and RISIA Insignia have been developed to reinforce the image of the profession and give potential clients the assurance that you are authorized to practise.
Proper Insignia usage increases brand awareness and reduces consumer confusion. It is a similar approach to designations used by professionals in other regulated fields.
Do not use the CICC corporate logo on your website. The College corporate logo reflects the national organization and its role as a regulatory and licensing body.
The licensee Insignia are only for use by RCICs and RISIAs to show you are a regulated professional and a licensee in good standing with the College.
Before downloading and using the RCIC or RISIA Insignia, read the following:
Licensees can download their Insignia from the Login section of our website by clicking on the Log in button under “Licensee Insignia” or “RCIC-IRB Insignia”.
Working to Enhance Essential Competencies
Maintaining a high standard of practice for Regulated Canadian Immigration Consultants (RCICs) and Regulated International Student Immigration Advisors (RISIAs) is one of the College’s strategic priorities.
The College has launched a comprehensive review to validate and renew the Essential Competencies for RCIC Practice and Essential Competencies for RISIA Practice.
We encourage invited licensees to complete the Essential Competencies Survey received via email. The deadline to complete the survey is 5 PM ET on Thursday, February 29, 2024.
This review is crucial to ensuring the competencies required and expected of licensees remain relevant and up-to-date with their evolving professional landscape.
The College’s Tribunal Committee is an independent adjudicative committee that hears and decides regulatory cases about licensees in accordance with the College’s core values of fairness, transparency, and public protection.
Below is a summary of the most recent decisions of the Tribunal Committee. Full decisions are available, without charge, on the Canadian Legal Information Institute’s (CanLII) website at:
https://www.canlii.org/en/ (please enter “ICCRC” or “College of Immigration and Citizenship Consultants” in the “Document text” field).
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Discipline Committee Decision
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Licensee:
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Nir Babani |
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Company Name/Location
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The Fourth Generation and Immigration Ltd
Burnaby, BC |
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Proceedings
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Conduct, Sanctions and Costs |
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Findings
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The Disciplinary proceeding dealt with 12 complaints against the RCIC, and a finding of Professional Misconduct related to violating Articles 2.2.3(a); 2.2.9; 3.1; 6.1; 6.3; 7.1; 11.5 and 14.1 of the 2016 and 2019 Code of Professional Ethics. The RCIC was also found to be in breach of the Retainer Agreement Regulation and Agents Regulation.
The facts found by the Discipline Committee included that the RCIC:
• falsely advised clients that they were qualified for immigration programs when they were not;
• demanded significant payments from clients before a retainer agreement was signed;
• failed to explain or misled clients on what payments would be used for;
• provided false and misleading information about the client immigration prospects or steps to be taken in the process;
• advised clients that a representative would meet them when they arrived in Canada but none appeared;
• failed to perform work on client files and did not respond to client communications;
• refused to refund unearned fees or return client funds despite agreeing to do so in writing;
• misled clients, advising that they had passed preliminary eligibility assessments when they did not;
• falsely advised clients that they would have to obtain employment in Canada before they could make a successful immigration application;
• failed to use best efforts to meet all applicable deadlines;
• failed to perform work that the RCIC was hired to perform; and
• failed to return client documents, files and property and provide an accounting of client funds upon discharge of services.
Information contained within Retainer Agreements about the RCIC’s firm was dishonest, leading clients to believe the RCIC was based in Vancouver, Canada when they were not. |
| Outcome |
Permanent revocation of licence; a fine payable to the College in the amount of Can$55,000; and restitution payable to clients in the aggregate amount of US$130,770.
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Costs
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The RCIC is to pay costs to the College in the amount of Can$66,000. |
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Discipline Committee Decision
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Licensee
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Liza Lucion
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Company Name/Location
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Canadian Global Immigration Consulting Services
Vancouver, BC |
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Proceedings
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Conduct, Sanctions and Costs |
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Findings
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The Disciplinary proceeding dealt with 5 complaints against the RCIC. The committee found the RCIC contravened Articles: 2.2.3; 2.2.9; 3.1.1; 5.1; 6.1.1; 6.3; 7.1.1 and 11.5 of the 2016 Code of Professional Ethics.
The committee found the RCIC;
• failed to communicate with clients in a timely and effective manner;
• failed to adequately and accurately inform clients about the progress and status of applications;
• failed to fulfil obligations stipulated in the Retainer Agreement;
• failed to obtain complete documentation, causing delay;
• failed, at times, to provide accurate advice; and
• failed to refund fees that were not earned.
The RCIC also failed to provide a Retainer Agreement and acted as a consultant for a client despite a conflict of interest. During the investigation, the RCIC mislead the investigator and altered documents. |
| Outcome |
Licence suspension for 30 months; payment of a fine to the College in the amount of $10,000; payment of restitution to clients in the aggregate amount of $17,225.
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Costs
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The RCIC is ordered to pay costs to the College in the amount of $32,500. |
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Discipline Committee Decision
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Licensee:
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Trent Douglas MacGregor |
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Company Name/Location
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Ginko Management Inc.
Comox, BC
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Proceedings
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Conduct, Sanctions and Costs |
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Findings
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The Disciplinary proceeding dealt with 3 complaints against the RCIC where a finding of Professional Misconduct was made following the RCIC reaching a settlement with the College and admitting to violating Articles 2.2.3(a); 3; 5; 6.1; 6.3 and 7 of the 2016 Code of Professional Ethics. The RCIC is also in breach of the Retainer Agreement Regulation.
The RCIC failed to provide a Retainer Agreement or statement of account. The RCIC failed to adequately disclose a conflict of interest or obtain written consent to act simultaneously for both the client and their employer in the LMIA process and failed to withdraw their services despite the conflict. The RCIC failed to refund their clients. The RCIC failed to provide confirmation of filing the applications with Immigration, Refugees and Citizenship Canada for the client and their family. The RCIC failed to apply on behalf of the client for a Temporary Resident Permit or Visa within Canada and failed to provide confirmation of the application submission for the extension or restoration of the client’s temporary resident status. The RCIC did not maintain adequate records for proof of application files. The RCIC failed to properly determine and maintain who the client was when representing a work permit applicant and representing the employer and failed to enter into a Joint Retainer Agreement with the client. |
| Outcome |
Licence suspension for 9 months commencing March 2, 2024. The RCIC must retake the following College Practice Management Education (PME) Courses: Client Account, Client File Management, Developing the RCIC and Client Relationship, Complaints and Professional Conduct, Managing an Immigration Consulting Practice, and Retainer Agreement; the RCIC must also undertake Continuing Professional Development (CPD) activities related to Labour Market Impact Assessments, Port of Entry/Admissibility issues, and the Code of Professional Conduct. The RCIC is also ordered to pay a fine of $6,000 to the College and make restitution to clients in the aggregate amount of $14,843.
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Costs
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The RCIC is ordered to pay costs to the College in the amount of $8,000. |
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Discipline Committee Decision
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Licensee
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Harpreet Saini
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Company Name/Location
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Avalon Immigration Inc.
Brampton, ON |
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Proceedings
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Motion |
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Findings
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The College filed a Motion requesting the Discipline Committee to enforce settlement documents and to issue an Order giving effect to its terms. The College submitted that, during settlement discussions, the RCIC agreed to the settlement of all issues and although they did not sign the Agreed Statement of Facts and Joint Submission on Penalty, there was a binding agreement. The RCIC was aware that the Order and the reasons for decision would be published.
The RCIC opposed, arguing that the Discipline Committee does not have authority to impose or enforce settlement agreements absent the consent of the parties. The RCIC submitted that they did not reach a final or binding settlement with the College and even if they agreed to the terms in the settlement documents, they did so under the misunderstanding that the settlement would be confidential.
The committee found that the College and the RCIC had reached an agreement on many of the terms in the settlement, however the RCIC did not understand that the full terms of settlement would be made public and did not sign the settlement agreement document. While the committee had jurisdiction and discretion to enforce the settlement, it was not in the interests of justice to do so in this case. |
| Outcome |
The Motion was dismissed, and a full hearing before the discipline Committee will be scheduled.
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Costs
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No Costs were awarded. |
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Discipline Committee Decision
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| Licensee |
Young Soo Won |
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Company Name/Location
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Imin Consulting (Canada) Ltd.
Vancouver, BC |
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Proceedings
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Conduct, Sanctions and Costs |
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Findings
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The Disciplinary proceeding dealt with 2 complaints against the RCIC where a finding of Professional Misconduct was made following the RCIC reaching a settlement with the College and admitting to violating Articles 2.2.9; 3.1; 6.1; 7.1 of the 2016 and 2019 Code of Professional Ethics.
The RCIC:
• misrepresented themself as legal counsel in communications when not licensed to practice law;
• voluntarily entered into an agreement with the Law Society of British Columbia to refrain from performing any of the acts defined in the Legal Profession Act as the practice of law except as legally permitted under the federal immigration statutes;
• overcharged or mischarged clients for services;
• invoiced for services not fully performed; and
• filed submissions containing inaccurate client information. |
| Outcome |
Licence suspension for 6 months. The RCIC must retake the College’s Practice Management Education (PME) Courses: Ethical Practice, Developing the RCIC and Client Relationship, and Complaints and Professional Conduct; and undertake Continuing Professional Development (CPD) activities related to the College’s Code of Professional Conduct, namely The New Code of Professional Conduct – Conflicts of Interest: Recognizing and Managing Them Properly. The RCIC is to complete a review of the Code of Professional Conduct, Interpretation Guide to the Code of Professional Conduct, and Client Account Regulation. The RCIC is to provide an acknowledgement of their understanding of conduct provisions related to fees and accounts and develop an internal procedure to ensure full compliance to the conduct provisions related to fees and accounts. The RCIC will provide a written undertaking that they will not misrepresent themselves as a lawyer. The RCIC is ordered to pay a fine of $4,500 to the College.
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Costs
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The RCIC is to pay costs to the College in the amount of $5,000. |
The College is looking for some talented professionals to join our team.
Do you or someone you know want to be part of a team that protects the public by overseeing regulated immigration and citizenship consultants and international student advisors?
Coordinator, Complaints (Bilingual)
Coordinator, Compliance
Coordinator, Entry-to-Practice (Bilingual)
Coordinator, Licensing Applications
Coordinator, PREP
Instructor (Bilingual)
Research Associate
Interested in any of these opportunities? Submit your resume and a brief cover letter indicating why you feel you are a fit for the role.
For more information on these positions and the most up-to-date College career postings, visit the College's Career page.