In this edition:
Introducing the College Portal, coming this fall
The College is pleased to announce the introduction of a new online platform that will change how licensees interact with us.
The College Portal is an all-in-one platform designed to simplify licensees’ regulatory tasks. With a single sign-on, licensees will access their annual renewal, courses and programs, report CPD activities, pay their annual fees and more.
The College Portal will benefit licensees through:
- Streamlined Processes – Intuitive and user-friendly.
- Information Hub – Stay informed with relevant updates.
- Secure Payments – A secure payment gateway for seamless transactions.
- Compliance Made Easy – Automated alerts regarding licensee compliance requirements.
- Dedicated Support – To help licensees maximize the benefits of the College Portal.
More details will be shared in the coming weeks.
Setting the Standard for Public Protection: The College’s new 2023-2025 Strategic Plan
The College’s 2023-2025 Strategic Plan was approved at the June 8, 2023 Board meeting following a thoughtful, engaging planning process with the Board of Directors.
Entitled Setting the Standard for Public Protection, the plan anchors the College’s work in a common set of objectives and initiatives focused on regulating the profession in the public interest. Please visit the College’s website to view the Strategic Plan document.
2023 Annual Renewal Update
The 2023 Annual Renewal deadline was June 30, 2023. To date, 11,467 RCICs and 331 RISIAs have completed the Annual Renewal.
Licensees who were late in submitting or have not submitted their Annual Renewal will be charged a $100 fee. Those who do not complete the Annual Renewal by 11:59 pm ET on July 30, 2023, will be suspended.
Licensees who indicated that they would be submitting name change information, new Business Name Selection forms and/or New Agent Registration forms within 15 days as per the Changes in Information Regulation, must submit them to registration@college-ic.ca.
For more information, visit our “2023 Annual Renewal” webpage.
What does CAPIC do?
An article written by Dory Jade, CEO of CAPIC
To be a licensed immigration and citizenship consultant, you must register with the College. However, it is your choice to be part of CAPIC — a choice that can be fundamental to your success as an RCIC. By choosing to be part of CAPIC, you are making an investment in yourself and your profession. CAPIC has nearly 5000 members, those who have chosen to be part of a collective, making it the single largest voice of authorized immigration practitioners. CAPIC advocates and lobbies all levels of government and can bring forth issues and effect change. From advocating for Federal statutory authority – the College of Immigration and Citizenship Consultants Act, to supporting increased educational requirements for entering the profession, or working with CICC/IRB to move the date of IRB specialization to July 1, 2023 (from 2022), CAPIC has greatly impacted the immigration profession, to ensure credibility, competence, and respect. CAPIC members also have the opportunity to participate in numerous immigration fairs, across Canada via the CAPIC immigration clinic initiative.
CAPIC provides numerous services to enhance both RCIC knowledge and business performance. Whether it be a networking or an information session, there are plenty of opportunities to get to the next level. The Myconsultant.ca platform provides another space where CAPIC members can showcase their services and contribute to a unique platform for the public. The Education Partner Program continues to grow and gain respect amongst DLIs for the connections between RCICs, international students and the DLI. Every CAPIC member benefits from a lifetime subscription (while a member) to IMMeFile. Many members also avail of IMMeForum, a place to ask questions, network and meet your peers. These are just a few of the benefits and services to joining CAPIC, but it is also about being part of a family, knowing that you are never alone, and there is always someone to reach out to. Make the investment in yourself, your career, and your profession today. We look forward to having you as part of the CAPIC family!
Dory Jade
CEO, CAPIC-ACCPI
2022 Inaugural General Meeting – Professional Regulatory Body versus Professional Association
This article is part of a series designed to provide a better understanding of the profession and address topics raised at the 2022 Inaugural General Meeting (IGM).
The College of Immigration and Citizenship Consultants Act (College Act) states the purpose of the College is to regulate immigration and citizenship consultants in the public interest and to protect the public. The College establishes and administers qualification standards, standards of practice and continuing education requirements and programs for licensees.
The table below explains how the College (the professional regulatory body) differs from CAPIC (the professional association). (See elsewhere in this Bulletin for an article by Dory Jade, CEO of CAPIC.)
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College
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CAPIC |
The College of Immigration and Citizenship Consultants is a statutory authority with powers set out in the College of Immigration and
Citizenship Consultants Act, the Immigration and Refugee Protection Act, and the Citizenship Act. |
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The Canadian Association of Professional Immigration Consultants (CAPIC) is a not-for-profit immigration practitioner association established in 2005 and governed by the Canada Not-for-profit Corporations Act. |
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| Protects and promotes the public interest by regulating the practice of the profession (RCICs and RISIAs). |
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Protects and promotes the professional interests of CAPIC members, and by extension, the entire profession. |
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Recognized voice of immigration and citizenship consultants in Canada by the Government of Canada, the College, and their stakeholders.
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| Establishes and administers qualification standards, standards of practice and continuing education requirements and programs for licensees. |
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Supports, leads, and protects the interests of the profession (RCICs) by advocating to various levels of government, policymakers and other stakeholders (including the College) through submissions, CIMM presentations, and direct stakeholder meetings. |
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| Individuals must become licensed to be authorized to practise. |
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Membership is voluntary (Learn more) |
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| Investigates complaints about licensees and disciplines licensees as required. |
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In addition to abiding by the Code of Professional Conduct, CAPIC members must follow CAPIC’s Code of Conduct and Ethics. Compliance may be enforced by disciplinary membership actions. |
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| Provides guidance to licensees and oversees compliance with the Code of Professional Conduct, College Act, By-laws and regulations. |
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Provides professional development, networking and business enhancing services to its members (CPD, industry forums, NCIC, EPP, MyConsultant.ca, IMMeFile, Foundation Summary review course, IRB Prep).
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| Maintains a public register which contains information about licensed RCICs and RISIAs and their status. |
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Promotes using RCICs/CAPIC members to the public through online directory and information centre: https://www.myconsultant.ca/EN/Consultants |
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| Licensees are required to prioritize client interests and the public interest over personal interests. |
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Empowers CAPIC members through membership services and initiatives to provide the highest level of service to their clients. |
Seeking Support
Tips for a Successful RCIC Practice Series
Contributions by RCICs Ben Fok and Esha Sharma
Many of you may be looking for support as you get started with your business – maybe someone to answer questions that arise in your day-to-day work, to walk you through difficult practice situations, or to help find the best way to handle specific client cases.
When Ben Fok started as an immigration consultant 11 years ago in British Columbia, they searched for a mentor but had no such luck. Because of this, Fok, as part of their teaching, encourages students to form groups as they approach the entry-to-practice exam, receive their licence, and start their practice.
But where can you find support if you entered the profession without being a part of such a group?
New Licensee Mentoring program
New licensees will find this mandatory program to be a helpful resource. Offered by the College, the program was designed in collaboration with experienced licensees, subject matter experts and consultants as a means to provide valuable practical experience to new licensees.
Networking Groups
The best approach to staying updated on fast-changing immigration policies is to join a good networking group. There are many established networking groups which you can join or start with like-minded licensees. Whatever method you choose, it is important to remember the following:
- Networking is a two-way street
While you seek knowledge, be prepared to offer yours to others. Within your groups, try answering questions and brainstorm different approaches to common problems. If you do not have an answer, research and share relevant suggestions to make it a great learning process.
- Etiquette for an online networking group
To get the most from an online networking group, be mindful of the norms and objectives of the group. Refrain from asking basic questions such as “number of days to qualify for citizenship”, which is information you can find on the IRCC website.
Continuing Professional Development (CPD)
Invest your time in high quality, engaging CPD sessions which can be a great learning opportunity for you! Consider the benefits of attending in-person events that have engaging speakers relevant to your practice. These are excellent ways to expand your knowledge and professional network.
Volunteering as a new licensee
If you want to learn, consider volunteering some of your time with experienced professionals in your field. Volunteering is a great way to learn and add to your ever-expanding list of competencies.
Give back to the RCIC community
As you progress as an experienced professional, consider giving back to the RCIC community by mentoring (read below), speaking at CPD events, teaching, and being available for newer licensees. Developing a good professional network will open doors to new opportunities and help you stay on top of trends in the sector. Strong, well-respected professionals not only set industry standards but also create an environment that allows for collaborative relationships.
Want to become a mentor for the College’s mentoring program?
If you are an RCIC with at least 3 years of practice experience, you could contribute to the future of the profession and earn CPD hours! Stay tuned for more information in our future updates.
Practice before the Immigration and Refugee Board of Canada (IRB) is now a restricted area of practice
As of July 1, 2023, only RCICs who hold the RCIC-IRB class of licence are permitted to represent clients before tribunals of the IRB.
“Representation” includes:
- pro bono work
- appearing in an oral hearing
- written submissions
- preparation, advice or any other form of assistance to clients in IRB matters
How to obtain the RCIC-IRB class of licence
RCICs who want to obtain the RCIC-IRB class of licence must successfully complete the College’s Education Pathway of the Specialization Program and successfully pass the Specialization Exam. RCICs who have completed a Graduate Diploma Program, or who are licensed paralegals, are not required to complete the Specialization Program or write the Specialization Exam.
Where to find an RCIC who can represent clients before the IRB
A list of RCICs who hold the RCIC-IRB class of licence is available on our website’s Public Register page.
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.
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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Discipline Committee Decision
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Licensee
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Basil Daniel; R409527
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Company Name/Location
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Daniels Immigration Services
Toronto, Ontario |
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Proceedings
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Written Disciplinary Hearing |
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Findings
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The RCIC’s client entered Canada and made a refugee claim on the basis of fearing persecution in Pakistan. The client retained the RCIC, but did not enter into a retainer agreement. It was agreed that the RCIC would assist the client on a pro bono basis. The RCIC filed a Counsel Contact Information form with the Refugee Protection Division (RPD), however, missed the deadline to submit the client’s Basis of Claim (BOC) form and did not seek nor obtain an extension to submit the form. A special hearing was called in accordance with the client’s original Notice to Appear to determine whether the client’s refugee claim should be deemed abandoned. The RCIC failed to appear at the special hearing and, as a result, the client’s refugee claim was abandoned. The RCIC failed to seek an adjournment of the special hearing or advise the RPD that they would not attend. In consequence of the refugee claim being declared as abandoned, the Canada Border Services Agency (CBSA) issued Orders for Removal against the client. The RCIC filed an application to reopen the client’s case and provided an explanation as to why they did not attend the hearing. The application to reopen was rejected stating that the RCIC could have sought an extension to file the BOC form or attended the special hearing. As a result, the RCIC failed to serve the client.
The client found a new counsel who successfully applied for a judicial review and reopened the client’s claim for refugee protection.
The RCIC acknowledges that they breached the following articles of the 2012 Code of Professional Ethics:
i. Article 6.1 – Maintenance of Quality Service (6.1.1, 6.1.2, 6.1.3, 6.1.5, 6.1.6, 6.1.9)
ii. Article 12.1 – Content of Retainer Generally (12.1.1, 12.1.2, 12.1.3, 12.1.4, 12.1.5).
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| Outcome |
The RCIC’s licence is to be suspended for a period of 3 months commencing on July 17, 2023. In addition to the annual requirement, the RCIC is to complete 1 hour of Continuing Professional Development related to IRB/refugee claims by October 13, 2023. The RCIC is to pay a fine of $600 to the College.
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Costs
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The RCIC is to pay costs to the College in the total amount of $600.
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Discipline Committee Decision
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Licensee
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Dinesh Moonshiram; R514138
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Company Name/Location
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Allied Migration Specialists Co Ltd.
Prince Edward Island, Canada
International Migration Specialists Ltd.
Port Louis, Mauritius |
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Proceedings
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Written Disciplinary Hearing |
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Judicial Review
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The RCIC has sought judicial review through the Federal Court and the parties are awaiting the Federal Court’s decision. |
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Findings
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The RCIC’s married clients visited the RCIC’s office in Port Louis, Mauritius to discuss their hope to emigrate to Canada. The RCIC suggested applying for a Canadian study permit for one spouse and a Canadian work permit for the other spouse. The clients signed the retainer agreement with the RCIC which described the agreed upon fees to be paid and services to be provided. The clients paid a deposit in 2 instalments and were able to pay the fees by selling their business as suggested by the RCIC. The client was admitted to a college in Calgary; however, the clients’ visa applications were rejected by Citizenship and Immigration Canada (CIC). The RCIC told the clients about the rejection of their visa applications one month after the CIC notification. The clients made numerous attempts to reach the RCIC without success. The RCIC eventually responded to the clients in writing, explaining that the Canadian government had asked that they provide more details on the applications. The clients then asked what additional information was required, but the RCIC did not respond.
The clients later met with the RCIC and were told that the RCIC was working with a Canadian member of Parliament (MP) to resolve the clients’ issues. Following that meeting, the clients tried to contact the RCIC via Skype on numerous occasions to get updates on their applications. However, the RCIC rarely responded and when they did responses were vague and unclear. The clients visited the RCIC’s office, but the RCIC was not present. The clients asked the RCIC’s staff to halt the visa application process, return their passports, and issue a refund. The staff refused to return the passports and to issue a refund. The RCIC subsequently wrote to the clients, saying that the contract between the RCIC and the clients had been terminated due to an alleged verbal and physical assault on the RCIC’s office staff.
The clients asked the RCIC for a refund and for the return of their passports. The RCIC eventually informed the clients that the refund and the return of their passports would be looked after once the RCIC returned to the country, but then the RCIC stopped responding to the clients. Soon after, the clients’ lawyer made a formal request for a refund and the return of the clients’ passports. A letter was sent to the clients’ lawyer stating that the matter was being referred to the RCIC’s lawyer.
The clients contacted the police on the advice of their lawyer to get assistance with recovering their passports. The clients filed a police report and the police were told that the RCIC’s staff would not take any action until the RCIC returned to the office. However, the staff would not tell the police when the RCIC was scheduled to return. As a result, a police officer was sent to retrieve the clients’ passports.
The Discipline Committee found the RCIC in breach of the following Articles from the 2016 Code of Professional Ethics:
- Regarding “Job Selling”: Articles 2.2.9, 3.1, 5.1, 5.2, 6.1 and 7.1;
- Regarding “False Address on College Applicant”: Articles 2.2.9, 3.1, 5.1, 6.1 and 7.1;
- Regarding “Failure to Communicate and Inappropriate Communications”: Articles 2.2.9, 3.1, 5.1, 5.2 and 6.1; and
- Regarding “Licensee’s Failure to Return Passports”: Articles 2.2.9, 3.1, 5.1, 5.2, 6.1 and 11.5.
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| Outcome |
The RCIC’s licence is to be suspended for a period of 9 months. The RCIC is ordered to pay a fine to the College in the amount of $15,000. The RCIC must complete the following 2 PME courses within 9 months of the Order: Ethical Practice and Client File Management. The RCIC must also complete a Continuing Professional Development (CPD) activity, in addition to the annual 16 hours of CPD activities, within 9 months of the date of the Order.
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Costs
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The RCIC must pay Costs to the College in the amount of $10,000.
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Discipline Committee Decision
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Licensee
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Ghazal Lankarani; R507069
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Company Name/Location
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Bright Future Immigration Services Inc.
Coquitlam, British Columbia
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Proceedings
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Written Disciplinary Hearing |
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Findings
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The disciplinary hearing dealt with 6 complaints against the RCIC.
Complaint No. 1 (CD.2017.033)
The RCIC’s client submitted a study permit application to Citizenship and Immigration Canada (CIC) while residing in Canada on a visitor’s visa. The client’s application was refused. They received a letter from CIC informing them that they needed to submit a restoration application and re-apply for a student visa. The client retained the RCIC to assist with a study permit application and submit the restoration application. The RCIC later determined that the client was not eligible for a restoration application and therefore, did not prepare nor submit the application on behalf of the client. The RCIC submitted the client’s study permit application which was, however, refused on the basis that CIC did not believe that the client would leave the country once the visa expired. The RCIC told the client that a cover letter had been submitted with the study permit application, explaining the client’s circumstances. However, no cover letter was sent, nor was the application signed by the client. Throughout the duration of the agreement, the RCIC failed to respond to the client’s inquiries in a timely matter or at all. The RCIC promised to refund the client’s payment for the restoration application that was not submitted; however, the RCIC failed to do so. In addition, the RCIC failed to refund the client’s money for the study permit application.
Complaint No. 2 (CD.2017.065)
The client retained the RCIC to assist with their son’s study permit application and their own application to a Canadian post-secondary institution. The client paid 2 instalments to the RCIC: one for their son’s tuition fees and the other for their son’s study permit application. The RCIC failed to register the client’s son in a post-secondary institution. The RCIC promised to register the client’s son for the following semester, but again failed to do so. Furthermore, the RCIC never completed the study permit application. Subsequently, the client requested on multiple occasions that the RCIC provide them with a refund, but the RCIC initially failed to do so and did not respond to the client’s communications in a timely manner. The RCIC also assured the client repeatedly that a refund would be issued without doing so. The RCIC pressured the client to withdraw the complaint in exchange for the refund and attempted to mislead the College by falsely indicating, at that time, that a refund had been issued to the client. A refund to the client was issued at a later date.
Complaint No. 3 (CD.2017.157)
The client, who needed assistance to immigrate to Canada, retained the RCIC. The RCIC failed to provide a retainer agreement to the client and engaged in illegal job selling by soliciting and receiving monies from the client to secure a job offer to assist with their work permit. The RCIC failed to provide the services for the fees paid as agreed, failed to provide a receipt for the fees paid, and failed to provide a contract for services despite a promise to do so. The RCIC later admitted to the client that they could not create a contract to reflect the fees paid for the job offer because it was illegal. The RCIC failed to communicate with the client about their file as they did not respond to the client for weeks or months, refused to issue a refund to the client and threatened the client. The RCIC also contacted the client multiple times after the complaint was filed with the College, offering a refund which was not provided. The RCIC attempted to mislead the College during the investigation by providing a false or fabricated retainer agreement and Use of Representative Form. The RCIC acted in a conflict of interest by acting simultaneously on behalf of the employer and the client and failed to advise the client of the situation.
Complaints No. 4 and No. 5 (CD.2018.030 and CD.2018.397)
The RCIC was retained separately by 2 brothers to assist them with immigrating to Canada by obtaining visas through the Manitoba Provincial Nominee Program (MPNP). The RCIC misled both clients and the College through misrepresentations. The RCIC provided fraudulent correspondence from the MPNP to the clients and added to their misrepresentations by requesting payments for non-existent applications. The RCIC avoided the clients for many years, advising them that they should wait for a decision, knowing that the applications were never submitted on their behalf. Further, the RCIC requested additional payment for an unknown supporter to sign the clients’ MPNP applications, knowing that it was fraudulent. The RCIC failed to provide quality of service and duty of competence while representing the clients. During the investigation process with the College, the RCIC fabricated documents to further their defence, contacted the clients and pressured them to provide false evidence in return for a refund. Upon receiving the complaint, the RCIC was ordered to have no contact with the clients, but the RCIC breached that restriction.
Complaint No. 6 (CD.2019.292)
The RCIC was retained by the client to assist them to immigrate to Canada by obtaining a visa through the Manitoba Provincial Nominee Program (MPNP) as a skilled worker, followed by an application for permanent residence. The RCIC charged the client fees over and above the amount agreed upon in the retainer agreement. The RCIC falsely informed the client that additional fees were required for the MPNP to accept their file. The RCIC made misrepresentations to the client for many years regarding the submission of their permanent residence application; however, the RCIC failed to submit it. The client made multiple requests for status updates about their application to which the RCIC failed to respond. The RCIC deleted messages with the client, which resulted in the obstruction of the College’s investigation.
The RCIC was found to be in breach of the following Articles based on all complaints that were brought forward to the College.
From the 2012 Code, the RCIC breached:
Article 3.1 – Serve Honourably
Article 3.2 – Privileged Role
Article 4.1 – Maintain Integrity
Article 4.5 – No Misconduct or Conduct Unbecoming
Article 5.2 – Duty of Competence
Article 5.3 – Standard of Service
Article 6.1 – Maintenance of Quality Service
Article 7.1 – Honesty and Candour Required, and
Article 12 – Retainer and Fees
From the 2016 Code, the RCIC breached:
Article 2.2.3 – Conduct Unbecoming a Member
Article 2.2.9(ii) – recklessly or willfully attempting to mislead any employee or agent of ICCRC investigating a complaint against the Member
Article 2.2.9(iv) – misappropriating or otherwise dealing dishonestly with money or property in connection with a Member’s practice
Article 3 – Duty of Good Faith
Article 5 – Duty of Competence
Article 6 – Quality of Service
Article 7.1 – Honesty and Candour Required
Article 7.1.1 – A Member must be honest and candid when advising Clients
Article 8 – Duty to Maintain Confidentiality
Article 9 – Conflicts of Interest, and
Article 14.3 – Restriction on Communicating with Complainant
From the 2019 Code, the RCIC breached:
Article 2.2.9(ii) – recklessly or willfully attempting to mislead any employee or agent of ICCRC investigating a complaint against the Member, and
Article 14.3 – Restriction on Communicating with Complainant.
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| Outcome |
The RCIC’s licence is permanently revoked. The RCIC is to pay restitution to certain clients in the total amount of $10,459 and to pay a fine to the College in the amount of $50,000.
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Costs
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The RCIC must pay costs totalling $41,180.64 to the College.
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