This article is part of a series designed to provide a better understanding of the profession and address topics raised at the Inaugural General Meeting (IGM).
The College of Immigration and Citizenship Consultants Act (College Act) enables the statutory self-regulation of immigration and citizenship consultants with the mandate to protect the public. The College Act puts licensees on a par with professionals of other self-regulatory organizations. Self-regulation is a privilege and with it, RCICs and RISIAs are required to be professional to build and maintain public trust.
What does being a professional mean?
Providing services for compensation does not make one a professional. The public expects a professional to comply with high standards and be accountable. To be considered part of a profession, professionals must:
- acquire an identified skill through the regulator’s approved education and/or training
- accept the regulatory body’s authority to set and maintain standards and continued competence, and agree to comply with the standards throughout one’s professional career
- apply acquired skills when providing personal service to clients
- maintain an essential objectivity while providing services (free from any conflict of interest, bias, or undue influence)
- accept that personal interests must be subordinate to client interests and the public interest
- understand and accept an ongoing duty to promote and support the development of their profession and peers
- follow a code of ethical conduct.
Why is complying with the Code important?
Section 44 of the College Act requires a licensee to meet the standards of professional conduct and competence prescribed by the Code of Professional Conduct. A licensee who fails to meet those standards commits professional misconduct or is incompetent.
The Code of Professional Conduct embodies the practical application of the fundamental characteristics of a profession listed above. It establishes the standards of professional conduct and competence that must be met by all licensees, whether they are being paid or providing pro bono services.
As per section 43(1) of the College Act, the Minister established the Code for licensees. But its purpose is also to be given to clients so that they understand the standards and obligations of a licensee. It is intended to protect prospective clients, inform them of the value of working with a licensed consultant and to maintain the integrity of the Canadian immigration and citizenship system.
The Code contains standards for professional conduct. It explicitly states that licensees must perform professional obligations with integrity and in an honest, fair and responsible way. For example, counselling a client to misrepresent information on their application, though it may further the client’s interest, is not only illegal but also undermines trust in the licensee and the profession generally. Many Code provisions require a licensee not to engage in conduct that is likely to discredit the profession or jeopardize the public’s confidence and trust in the profession as this trust is essential to the professional/client relationship. The Code also anticipates the client’s reliance on the professional for unbiased, competent advice and includes many provisions to support this. For example, a licensee must not take advantage of a person’s vulnerability due to age, inexperience, lack of education or ill health; be dishonest, engage in fraud or breach a client’s trust; or commit a criminal act or other statutory offence, which demonstrates the licensee’s mental or emotional instability or lack of trustworthiness.
For more information about self-regulation and professionalism and a better understanding of the Code of Professional Conduct, read the article 2022 Inaugural General Meeting – the next step in the Evolution of the Profession and the Code Interpretation Guide which includes more examples and outlines standards that were not present in the previous regulator Code of Ethics.
Questions on ethical practice can also be sent to ethics@college-ic.ca.