In this edition:
Answering Licensee Questions from the 2023 Annual General Meeting
The College’s Annual General Meeting (AGM) was held on November 30, 2023, in Ottawa, Ontario. As per previous years, the AGM included a Question and Answer session with President & CEO John Murray and Board of Directors Chair Stan Belevici, RCIC-IRB. Stan and John answered over 40 questions posed by licensees attending in person and online.
Questions received from licensees that could not be answered due to time constraints were collected and have now been answered. As many licensees submitted similar questions, responses have been grouped into the categories below.
Thank you to everyone who contributed to the Q&A session.
Category: Unauthorized Practitioners (UAPs)
- Solving the problem of UAPs requires multi-stakeholder cooperation. To this end, the College is working very hard to build the necessary relationships with various partner organizations.
- One of the key objectives of the College’s 2023 – 2025 Strategic Plan is to “combat unauthorized practitioners by enforcement, licensing, and awareness.”
- We are taking every opportunity to talk to multiple audiences about the value that licensees bring to the profession, about the dangers of UAPs, and about the importance of using our Public Register.
- This awareness-raising will continue. We have built and continue to develop strong relationships with federal stakeholders and we are stepping up our communications with provincial governments. In March, we will launch a widespread campaign for Fraud Prevention Month and we invite licensees to engage and share the content.
- The College has a presence at relevant events, where our presentations always include the topic of UAPs, fraud prevention and using our Public Register.
- Domestically, the College is working with IRCC, CBSA, RCMP and provincial governments/agencies to promote information sharing and efficient allocation of resources.
- Internationally, the College and its Canadian partners are engaging with regulators and governments in other jurisdictions to promote information sharing that we hope will lead to future action against unauthorized practitioners outside of Canada.
- In the coming year, we will continue our public information efforts to warn prospective immigrants and the public of the dangers of using unauthorized practitioners and look forward to exercising our new, but limited, powers under the College Act to bring injunctions against unauthorized practitioners operating in Canada.
Category: New-Licensee Mentoring Program
- Mentoring programs are a standard element of professional practice across various regulated professions. Mentoring programs start new licensees off on the right foot by providing them with practical, experience-based advice and allowing them to begin to create a professional community of practice.
- Key Mentoring Program outcomes include high standards of practice across the profession; knowledge transfer from experienced licensees; professional development through hands-on practice; and enhanced public confidence and trust in the profession.
- Input from active licensees helped to inform the program’s design and development.
- There have been delays in communicating results for mentees who participated in the first offering. These were due to the volume of assessments and the need for careful review.
- The next enrolment will be available in 2024. RCICs required to join the program will receive an email with further instructions.
- Licensees waiting to enroll in the next offering should be aware that licences will not be impacted until each licensee has been offered 2 opportunities to enroll and complete the program.
- The College is committed to providing a fair and supportive environment for all licensees. We have processes in place to address issues and help where necessary.
- Mentor-mentee engagements are a critical part of the program, and the College strives to ensure they are productive and supportive. Throughout the program, both mentors and mentees are encouraged to communicate concerns openly and honestly to resolve any issues and maintain a productive mentoring relationship.
- Only mentors who completed the first offering of the program were eligible for the one-time gratuitous payment offer. All mentors in the next enrolment will receive a stipend and details will be in the mentor agreement.
Category: Response Times
- Our analytics show that there has been considerable improvement in response times to licensee enquiries and we will continue to drive progress in this area.
- The College has increased staffing levels, which will help support the needs of our 13,000 licensees.
- A large investment has been made in the College Portal, which will save licensees and College staff valuable time. We expect that this will have a positive impact on response times.
Category: RCIC Identity Theft
- We understand it is very troubling for licensees when this happens. The College can’t resolve this issue alone and to properly address it, we need your cooperation and for you to take measures to protect yourself.
- There are some steps licensees can take to protect their identity, such as making sure you use a branded corporate email if possible, rather than Gmail, Yahoo or Hotmail. An example of a branded email address would be info@myimmigrationbusiness.com.
- It is also important to use a name for your public persona that matches exactly the name that you are registered under with the College and which appears on the College’s Public Register.
- If you promote your business on social media or apps, do not conduct business via messages on those apps. Also, clarify on your website how you communicate with clients.
- On your website, remind the public to verify the identity of any RCIC by writing to or phoning the RCIC through the contact information listed on the College’s Register.
- Share our tips on how to spot fraud on any public-facing platforms relating to your business (such as on your LinkedIn account and/or your website).
- If you believe your identity has been stolen, report the unauthorized activity to law enforcement immediately and notify the College.
Category: College Portal
- The College Portal will serve as a hub, where licensees can easily access the information, tools, and resources they need.
- Through a new dashboard, licensees will keep track of their progress on obligations like PME courses and licence renewal. Licensees will have access to all of their own data and will be able to view a repository of their past communications with the College.
- The new platform will be very intuitive for users. It will offer visual guides and instructions to help navigate tasks. Licensees can access troubleshooting tips and tools 24/7. The College will also offer licensees technical support if required.
- The College Portal will not lead to higher licensing costs. In fact, the College Portal will help both staff and licensees operate more efficiently and save valuable time.
- The College continues to share regular updates to licensees through the monthly bulletin, e-blasts and social media channels.
Category: The College’s Financial Position
- The College is still in its transitional period. Once the operating environment of the College is better understood (i.e. once government regulations to be made under the College Act are completed), the College will re-evaluate its financial position and will continue to be transparent with licensees.
- In the meantime, a number of factors have resulted in an underspend of the College budget. Budgets can often be affected by things that cannot be forecast or planned for.
- Historically, the College has under-invested in people, technology, and facilities – resulting in an underspending of the budget.
- Staffing levels have increased in recent months and equipment and technology for them will be reflected in the spend.
- Coming up, the new College Portal will launch and a lot has been and will continue to be invested in that.
- Reserves have been kept aside to fund the requirements of the new regulations, which have not yet been released. The College may not know the full extent of the requirements, nor the financial effect of them, for several years.
- Investing in the development of the College is a time and resource-intensive process. Unused funds are often a function of timing differences caused by legislative and regulatory requirements, governance policy compliance, internal controls to protect the College’s assets, potential resource access issues, and other unanticipated events. The College is taking a sustainable approach to expending funds to avoid fee increases or levies on licensees.
- The College’s Financial Statements are available on the website and in the Annual Report.
Category: Other Matters
Some questions were asked that are outside of our scope, including questions about IRCC and the Graduate Diploma Program.
- The College works very closely with IRCC, however the two are separate entities and the College does not play a role in establishing Canada’s immigration policy.
- Admission to the Graduate Diploma Program is not controlled by the College. Admission to the English language program is governed by the admission policies of Queen’s University. Admission to the French program is governed by the admission policies of the Université de Montréal.
The College thanks all licensees who joined us in person and online at the 2023 AGM.
Meet the Board in Victoria, BC
Licensees are invited to attend an in-person “meet the Board”’ event with the College Board of Directors in British Columbia in March.
The event is being held from 5pm-6pm at the Hotel Grand Pacific, 463 Belleville St, Victoria, BC, V8V 1X3 on Thursday, March 21, 2024.
Please register your intention to attend by sending an email titled “Meet the Board – March 21” to secretariat@college-ic.ca by Friday, February 23, 2024.
We look forward to welcoming licensees to this event.
Complete Your College Communications Survey
Effective communication with licensees is a strategic priority for the College. We are committed to providing relevant, timely and clear communications across all our channels.
We encourage licensees to complete the brief Licensee Communications Survey received via email on Monday, December 4, 2023.
The deadline to complete the survey is 5 PM ET on Thursday, February 1, 2024.
Feedback will be crucial in shaping how the College communicates important information to licensees.
All licensees must continue to comply with Section 5 of the By-laws. This requires that licensees must maintain full, accurate and up-to-date contact particulars at all times, including a valid electronic mail address to receive communications from or deliver documents to the College.
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.
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 is working with RCICs and RISIAs to gather valuable input through a series of surveys and focus groups.
Staff members of the College met virtually with Hon. Muhammad Yaseen, M.L.A., Alberta’s Minister of Immigration and Multiculturalism on November 21, 2023.
Driving Provincial Stakeholder Engagement
In late 2023, College staff, led by President & CEO John Murray, held introductory meetings with the governments of Ontario, Saskatchewan, British Columbia, Manitoba and Alberta to raise awareness about both the College’s role as the regulator and the important work of immigration consultants in Canada.
Throughout 2024, College staff will continue to build strategic relationships with key stakeholders at all levels of government, and work to coordinate efforts across all provinces in support of a strong Canadian immigration system.
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).
|
Discipline Committee Decision
|
|
Licensee:
|
Don Collantes |
|
Company Name/Location
|
CWSS Canada USA Immigration Services Inc.
Toronto, ON |
|
Proceedings
|
Conduct, Sanctions and Costs |
|
Findings
|
The Disciplinary proceeding dealt with two complaints against the RCIC.
Complaint #1
• The licensee contravened Articles of the June 2012 Code, specifically Articles 5.1 – Nature of Competence and 5.2 – Duty of Competence, and applicable Article(s) of the By-Laws, e.g. Section 24.1 – Required Familiarity and Compliance. The RCIC did not obtain the appeal record prior to proceeding with a hearing before the Immigration Appeal Division (IAD). The IAD dismissed the sponsorship appeal on the basis of insufficient evidence of humanitarian and compassionate considerations.
Complaint #2
• The RCIC contravened Articles of the June 2012 Code, specifically Article 3.1 – Serving honourably and with integrity; Article 4.1 – Maintaining integrity; Article 6.1 – Maintaining quality service; Article 6.2 – Responsibility for the acts or omissions of the licensee’s Agents and Employees; and Article 6.3 – Responsibility for the work entrusted to the licensee and adequate supervision of Employees and Agents. The RCIC also contravened Article 2.2.9 – Professional Misconduct; Article 3.1 – Discharging all responsibilities in good faith; Article 4.3 – Being courteous and civil in all professional dealings; Article 6.1 – Maintaining quality service; Article 6.3 – Responsibility for actions of Agents and Staff; and Article 7.1 – Honesty and Candour Required of the March 11, 2016 Code, as well as Section 24.1 – Required Familiarity and Compliance of the By-Law and Section 44 – Standards of Professional Conduct and Competence of the College Act.
The licensee advised the complainant they qualified as an employer under the Live-in Caregiver Program (LCP) and that the client (the complainant’s brother) could qualify for a work permit upon completion of a six-month caregiver course in the Philippines and under the LCP provide childcare to the complainant’s son. The licensee was retained to apply for a Labour Market Impact Assessment from Employment and Social Canada (ESDC) and a work permit for the client. No retainer agreement was provided. The RCIC and employees failed to advise and communicate with the complainant and client at all necessary stages of the application in a timely manner. The RCIC failed to respond to requests made by the complainant for a copy of the refusal letter. The complainant alleged the RCIC’s employee’s communication and tone was abusive, offensive and unprofessional.
|
| Outcome |
The RCIC was found to have committed professional misconduct and required to complete specified PME courses, complete CPD in the area of work permits; pay restitution in the amount of $1,000 to complainant #1 and a fine of $4,000 to the College It was noted that the licensee is prohibited from practising before the IRB without having successfully completed all courses of the College IRB Specialization Education Pathway and successfully completing the College IRB Specialization Exam.
|
|
Costs
|
The licensee is ordered to pay costs to the College in the amount of $1,500 |
|
Discipline Committee Decision
|
|
Licensee
|
Devinder Sandhu
|
|
Company Name/Location
|
Worldwide Immigration Consultancy Services Canada Inc.
Mohali, Punjab, India |
|
Proceedings
|
Motion |
|
Findings
|
The RCIC and their brother are facing a disciplinary proceeding involving 26 complaints. The evidence and submissions have been filed with the Discipline Committee and a decision on the merits has been issued, however the Parties have been ordered to file submissions on sanctions and costs.
The RCIC brought a motion to re-open the hearing to admit additional evidence and requested certain information from the College and an order permitting the cross-examination of the College’s then investigator of the complaints. Previous motions in this matter had been brought by both the RCIC and his brother (also an RCIC). The committee considered the RCICs motion and the College’s response prior to rendering a decision on the merits of the case.
The committee dismissed the RCIC’s motion finding that the evidence indicated no realistic prospect that the motion would succeed on its merits. There is also no persuasive reason for the committee to exercise their discretion to hear the motion on other grounds. The Investigator no longer works for the College. Given the RCIC’s motion to re-open the case is being dismissed, no order for the Investigator’s cross-examination will be issued. The information which the RCIC requested from the College had already been provided. |
| Outcome |
The RCIC’s motion was dismissed.
|
|
Costs
|
N/A |
|
Discipline Committee Decision
|
|
Licensee:
|
Kazem Seyedalikhani |
|
Company Name/Location
|
Canada Way Immigration
Coquitlam, BC
|
|
Proceedings
|
Conduct, Sanctions and Costs |
|
Findings
|
The Discipline Committee found the RCIC engaged in conduct unbecoming (Article 2.2.3(a) of the March 2016 Code and the February 2019 Code) by initiating civil action for defamation in the Supreme Court of British Columbia against the Complainant and another RCIC for statements they made in connection with a complaint made against the RCIC in 2017, while that matter was ongoing, and without the knowledge or consent of the College. The RCIC should have known that their lawsuit against these individuals may affect the College’s ability to discharge its obligation to fully consider the 2017 complaint.
The committee found the RCIC communicated with the Complainant directly or indirectly (Article 14.3.1 of the March 2016 Code and the February 2019 Code) when RCIC served the Complainant with a Notice if Civil Claim without first notifying the College or obtaining consent. |
| Outcome |
The RCIC’s licence was suspended for 12 months and until such time as the RCIC’s Notice of Civil Claim filed in the Supreme Court of British Columbia is disposed of. The RCIC is to retake the College’s Practice Management Education course “Complaints and Professional Conduct” and pay a fine of $5,000 to the College.
|
|
Costs
|
The RCIC is to pay costs to the College in the amount of $21,980. |
|
Registrar Appeal Committee Decision
|
|
Applicant-Former Licensee
|
Usman Ashraf
|
|
Company Name/Location
|
AIY Immigration Consultants
Brampton, ON |
|
Proceedings
|
Written Registrar Appeal Committee Hearing |
|
Findings
|
The Registrar Appeal Committee considered the applicant’s appeal against a decision of the Registrar to revoke their licence for failure to pay annual licensing fees.
The committee dismissed the appeal for the following reasons: a) the Registrar followed the appropriate administrative process set out in the By-Laws; b) there is no allegation of or any evidence to support a breach of natural justice or procedural fairness with respect to this process; and c) the applicant did not make any submissions or provide any evidence to the Registrar and, therefore, there was no alleged failure by the Registrar to consider the applicant’s financial difficulty, as this was raised for the first time on this appeal.
The committee did not condone the lack of response from the applicant on receiving important communications and notices from the College regarding their failure to pay licensing fees and the consequences of such.
|
| Outcome |
Appeal dismissed
|
|
Costs
|
N/A |
|
Registrar Appeal Committee Decision
|
|
Applicant-Former Licensee
|
Cavette Shenaire Ormsby
|
|
Company Name/Location
|
Ormsby Immigration Services Incorporated
Brampton, ON |
|
Proceedings
|
Written Registrar Appeal Committee Hearing |
|
Findings
|
The Registrar Appeal Committee considered and dismissed the applicant’s appeal against a decision of the Registrar to revoke their licence for failure to pay the required annual licensing fees.
The panel concluded that the Registrar, and the finance department of the College, went beyond the bare requirements of the By-Law and sent the applicant repeated notices of their default and repeated opportunities to remedy it or to request a payment plan. The Registrar gave the applicant an extended period of time between the suspension and revocation of their licence to remedy matters and the applicant took no action. |
| Outcome |
Appeal dismissed
|
|
Costs
|
Costs to be awarded to the College in the amount of $500 |
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, 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.