In this edition:
2022 Inaugural General Meeting – Meeting Professional Standards
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.
A Holistic Immigration Practice
Tips for a Successful RCIC Practice Series
Contributions by RCICs Esha Sharma, Maria Shtemberg and Pedro Zhao
Staying abreast of immigration policies and programs and demonstrating empathy when advising your clients are key to a successful practice. However, other aspects of your business practice are as vital, whether you are a sole practitioner, run a business with the help of 1 or 2 employees or own a bigger firm.
Marketing and Sales
There is no consulting practice without clients to consult. Pedro Zhao, an RCIC who has been building their practice since 2021 suggests “creating your own brand by making something unique about your business, perhaps relating it to your previous work experience and doing something to make them remember your service”.
Esha Sharma, an experienced RCIC and instructor with the College, plans yearly targets, breaks them down to quarterly targets, reviews sales monthly, and re-strategizes as necessary. Esha recommends being agile and ready to apply change as needed. Adaptability means customizing your marketing strategies to your target market’s changing expectations on types of services, costs, payment structures, business culture, and means of communication.
Client Management
Client management is about honesty, transparency, and effective communication. When clients’ expectations are managed and communication is consistent and efficient, the outcome of the application alone will not alter your relationship. Pedro knows that client relationships are key to the success of one’s business as many clients come through referrals. When assessing a client, you should fully understand your clients’ immigration goals and make a plan to help achieve them. The client relationship is also facilitated by good communications and to that end, Esha recommends clarifying with clients their preferred times (accounting for time differences) and means of communication (e.g., phone, email, WhatsApp).
Client File Management, Accounting, and Finances
Proper documentation and financial records protect all parties from misunderstandings, helps manage expectations, keeps you compliant with your professional obligations, and supports you through legal action or regulatory complaints made against you. Pedro informs clients on the specifics of what they are paying for and strives to provide value to their client, regardless of the price they paid, thus helping deliver a consistent service standard to clients.
To manage files, Esha recommends a good customer relationship management (CRM) software. As this can be a costly purchase, you should research the various options and their costs, factor in the number of clients you have, how the CRM will improve your client management and business needs, and the return on investment of each of these options. Finally, even if you have an accountant to handle your books, you should have at least a functional knowledge of accounting practices.
An RCIC who can successfully incorporate these aspects into their practice, improves their chances of flourishing in their career and having their clients feeling satisfied with how their immigration needs were managed.
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?
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.
Queen’s University invites applications for Instructors
The Faculty of Law, Queen’s University invites applications for Instructors for the following courses in the College accredited Graduate Diploma in Immigration and Citizenship Law (GDipICL) to be offered in the 2023-2024 academic year. The GDipICL is an online program and Instructors are expected to work remotely.
Courses
ICL 810 – Foundations of Canadian Immigration Law (Fall Term 2023 and Winter Term 2024)
ICL 820 – Ethics and Professional Responsibility (Fall Term 2023 and Winter Term 2024)
ICL 830 – Temporary Entry (Fall Term 2023 and Winter Term 2024)
ICL 840 – Economic Immigration (Winter Term 2024 and Summer Term 2024)
ICL 850 – Family Class Immigration (Winter Term 2024 and Summer Term 2024)
ICL 860 – Refugee Protection & Trauma-Informed Client Service (Winter Term 2024 and Summer Term 2024)
ICL 870 – Enforcement – Inadmissibility, Detention and Removal (Fall Term 2023 and Summer Term 2024)
ICL 880 – Citizenship (Fall Term 2023 and Summer Term 2024)
ICL 890 – Immigration Practice Management (Fall Term 2023 and Summer Term 2024)
The deadline for applications is June 4, 2023. For details on requirements, including where to submit your completed application, see the full ad here.
For more information on the Graduate Diploma in Immigration and Citizenship Law, please visit the website at immigrationdiploma.queenslaw.ca.
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 are summaries 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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Urgent Interim Suspension
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Licensee
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Kamalpreet Singh Khaira; R413167
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Company Name/Location
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CWC Immigration Solutions Inc.
Brampton, Ontario |
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Proceedings
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Written Disciplinary Hearing |
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Findings
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The RCIC is a licensee of the College. The College was made aware that the RCIC is the subject of an investigation by the Canada Border Services Agency (CBSA). The CBSA obtained the authorization to execute an Information to Obtain (ITO) Search Warrant against a number of businesses located in Prince Edward Island (P.E.I.) involved in the agricultural sector, and CWC Immigration Solutions, on the basis that the CBSA had reasonable grounds to believe that a search would afford evidence regarding the commission, by those companies, of offences under the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA). The ITO alleges the existence of an arrangement whereby the agricultural businesses in P.E.I. created a scheme to defraud foreign workers by charging large sums of money for non-existing jobs. CWC Immigration Solutions is one of the businesses alleged to have misrepresented or withheld material facts relating to a matter that induced an error in the administration of the IRPA. The error constitutes an offence under section 127(a) of the IRPA and may have constituted an additional offence under section 124(1)(c) of the IRPA. If the alleged conduct is proven, it may also constitute a breach of the College’s Code of Professional Conduct.
The College commenced a motion for interim suspension of the RCIC’s licence to practise in respect to the ITO Complaint and 14 other complaints. The parties consented to an interim suspension of the RCIC’s licence to practise under Subsection 28.7 of the By-Law 2021-2 and under Rules 42.3 and 42.4 of the Rules of Procedure 2019-001. It was determined by the Discipline Committee that the RCIC’s licence should be suspended in the interim to protect the public interest and the public’s confidence in the immigration consulting profession. |
| Outcome |
The RCIC’s licence was immediately suspended. The RCIC’s suspension shall remain in effect until any potential IRPA or criminal proceedings against the RCIC have concluded or the RCIC has been informed in writing that charges shall not be laid and has advised the College of those conclusions. If no charges are to be laid against the RCIC or if there is confirmation that charges shall not be laid, and the College and the RCIC have no agreement on the continuation or the cancellation of the interim suspension, the RCIC can bring a motion to have the Discipline Committee determine whether an interim suspension of the RCIC’s licence should continue until the Discipline Committee renders a decision on that motion. The College is not to finalize the investigation in CD.2023.116 or require a response from the RCIC until any potential IRPA or criminal proceedings against the RCIC are concluded, or the parties agree otherwise. The RCIC is to provide the College with regular updates in writing of the status of any potential IRPA or criminal proceedings against the RCIC. The RCIC shall notify the College in writing within 10 days of being informed that no charges shall be laid against the RCIC or that any potential IRPA or criminal proceedings against the RCIC have concluded. The RCIC waived any argument of delay, and the College shall not be responsible for any delay in investigating or adjudicating the complaint against the RCIC. Within 14 days of the Order, the RCIC is to inform all existing clients in writing of the suspension of the RCIC’s licence and shall ensure the effective transfer of all client files to their authorized designate. The RCIC is to inform the College when the actions required under the Order are completed. The RCIC’s status on the College’s website was changed to “Disciplinary Suspension” as of the date of the Order and will remain as such until the suspension ends. If the parties mutually agree to seek a variance from the Discipline Committee of the terms of the Order, the Discipline Committee will determine if the variance is appropriate in the circumstances. The RCIC is to comply with the terms of their Statutory Declaration. The parties shall bear their own costs in respect to the motion.
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Costs
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N/A
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Discipline Committee Decision
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Licensee
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Amandeep Singh Khaira, R413191
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Company Name/Location
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CWC Immigration Solutions Inc.
Brampton, Ontario |
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Proceedings
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Written Disciplinary Hearing |
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Findings
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The RCIC is a licensee of the College. The College was made aware that the RCIC is the subject of an investigation by the Canada Border Services Agency (CBSA). The CBSA obtained the authorization to execute an Information to Obtain (ITO) Search Warrant against a number of businesses located in Prince Edward Island (P.E.I.) involved in the agricultural sector, and CWC Immigration Solutions, on the basis that the CBSA had reasonable grounds to believe that a search would afford evidence regarding the commission, by those companies, of offences under the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA). The ITO alleges the existence of an arrangement whereby the agricultural businesses in P.E.I. created a scheme to defraud foreign workers by charging large sums of money for non-existing jobs. CWC Immigration Solutions is one of the businesses alleged to have misrepresented or withheld material facts relating to a matter that induced an error in the administration of the IRPA. The error constitutes an offence under section 127(a) of the IRPA and may have constituted an additional offence under section 124(1)(c) of the IRPA. If the alleged conduct is proven, it may also constitute a breach of the College’s Code of Professional Conduct.
Additionally, the RCIC is facing 5 open complaints made to the College. The complaints allege the following offences: charging excessive fees for service; failure to submit applications under the correct category; failure to include necessary and relevant documentation in applications submitted to Immigration, Refugees and Citizenship Canada (IRCC); failure to promptly and adequately advise their client about the status of their application; and failure to promptly advise their client about the refusal of an application by IRCC.
The College commenced a motion for interim suspension of the RCIC’s licence to practise in respect to the ITO Complaint and 5 other complaints. The parties consented to an order imposing conditions or restrictions on the RCIC’s licence to practise as an immigration consultant under Subsection 28.9 of the By-Law 2021-2 and under Rules 42.3 and 42.4 of the Rules of Procedure 2019-001. It was found that the RCIC’s licence should be subject to the agreed upon conditions and restrictions to protect the public interest and the public’s confidence in the immigration consulting profession.
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| Outcome |
The RCIC is restricted from permitting other RCIC, Kamalpreet Khaira, to work for them or their immigration firm. The RCIC is to ensure that they do not support, facilitate or promote an actual or potential violation of Kamalpreet Khaira’s continued interim suspension with the College. The RCIC is not to provide any immigration consulting services, for consideration or pro bono, to either Canadian Nectar, Island Honey, Fruits Canada or Atlantic Canada. The RCIC is not to, directly or indirectly, represent or advise any new clients in connection with an immigration application related to the agricultural or farm industry. If new programs or policies regarding agricultural immigration are implemented, the RCIC should inquire and seek permission from the College prior to representing or advising a person with respect to the immigration program in question. The limitations and conditions will continue to be imposed upon the RCIC until such time as case CD.2023.119 is otherwise closed, adjudicated or withdrawn by the College. The parties can, on the condition that they mutually consent, seek a variance of the terms of the Order from the Discipline Committee if the variance is appropriate in the circumstances. The RCIC shall comply with the terms of their Statutory Declaration. The parties shall bear their own costs in respect to the motion.
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Costs
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N/A
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Discipline Committee Decision
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Licensee
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Gurpreet Singh Khaira; R413175
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Company Name/Location
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CWC Immigration Solutions Inc.
Brampton, Ontario |
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Proceedings
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Written Disciplinary Hearing |
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Findings
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The RCIC is a licensee of the College. The College was made aware that the RCIC is the subject of an investigation by the Canada Border Services Agency (CBSA). The CBSA obtained the authorization to execute an Information to Obtain (ITO) Search Warrant against a number of businesses located in Prince Edward Island (P.E.I.) involved in the agricultural sector, and CWC Immigration Solutions, on the basis that the CBSA had reasonable grounds to believe that a search would afford evidence regarding the commission, by those companies, of offences under the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA). The ITO alleges the existence of an arrangement whereby the agricultural businesses in P.E.I. created a scheme to defraud foreign workers by charging large sums of money for non-existing jobs. CWC Immigration Solutions is one of the businesses alleged to have misrepresented or withheld material facts relating to a matter that induced an error in the administration of the IRPA. The error constitutes an offence under section 127(a) of the IRPA and may have constituted an additional offence under section 124(1)(c) of the IRPA. If the alleged conduct is proven, it may also constitute a breach of the College’s Code of Professional Conduct.
Additionally, the RCIC is facing 14 open complaints made to the College. The complaints allege the following offences: failure to include necessary and relevant documentation in applications submitted to Immigration, Refugees and Citizenship Canada (IRCC); failure to adequately represent a client on an appeal to the Refugee Appeal Division (RAD); failure to promptly and adequately respond to requests for information from IRCC; failure to submit applications under the correct category; failure to promptly advise their client about the refusal of an application by IRCC; failure to adequately communicate with clients; failure to account for funds and to reimburse clients for professional fees that were not earned; and failure to release a client file to the new authorized representative of a former client.
The College commenced a motion for interim suspension of the RCIC’s licence to practise in respect to the ITO complaint and 14 other complaints. The parties consented to an order imposing conditions or restrictions on the RCIC’s licence to practise as an immigration consultant; under Subsection 28.9 of the By-Law 2021-2 and under Rules 42.3 and 42.4 of the Rules of Procedure 2019-001. It was determined by the Discipline Committee that the RCIC’s licence should be subject to the agreed upon conditions and restrictions to protect the public interest and the public’s confidence in the immigration consulting profession.
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| Outcome |
The RCIC is restricted from permitting other RCIC, Kamalpreet Khaira, to work for them or their immigration firm. The RCIC is to ensure that they do not support, facilitate or promote an actual or potential violation of Kamalpreet Khaira’s continued interim suspension with the College. The RCIC is not to provide any immigration consulting services, for consideration or pro bono, to either Canadian Nectar, Island Honey, Fruits Canada or Atlantic Canada. The RCIC is not to, directly or indirectly, represent or advise any new clients in connection with an immigration application related to the agricultural or farm industry. If new programs or policies regarding agricultural immigration are implemented, the RCIC should inquire and seek permission from the College prior to representing or advising a person with respect to the immigration program in question. The limitations and conditions will continue to be imposed upon the RCIC until such time as case CD.2023.120 is otherwise closed, adjudicated or withdrawn by the College. The parties can, on the condition that they mutually consent, seek a variance of the terms of the Order from the Discipline Committee if the variance is appropriate in the circumstances. The RCIC shall comply with the terms of their Statutory Declaration. The parties shall bear their own costs in respect to the motion.
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Costs
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N/A
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