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Questions and Answers

What is one of the steps that a firm must take to ensure compliance with professional requirements?

  • Implement strict financial auditing policies
  • Provide unlimited client consultations
  • Offer discounted services to non-licensees
  • Implement policies consistent with the Code and College By-laws (correct)

Who shares accountability for a failure to comply with the rules?

  • Only the firm
  • The governing body alone
  • The firm and the licensee (correct)
  • Only the licensee

What should be implemented to manage complaints fairly and promptly?

  • Strict punitive measures for all complaints
  • Adequate quality control procedures
  • Procedures to condone minor misconduct
  • Procedures to receive, record and resolve complaints (correct)

What is NOT a requirement for firms regarding their employees?

<p>Conceal misconduct whenever possible (A)</p> Signup and view all the answers

What principle should licensees follow in their work?

<p>Comply with both the spirit and the letter of applicable standards (A)</p> Signup and view all the answers

Who is responsible for ensuring that services provided by non-licensees comply with the Code?

<p>The licensees supervising the non-licensees (A)</p> Signup and view all the answers

What does the term 'professional services' encompass according to the context?

<p>Any activity where public trust is placed in the licensee's competence (B)</p> Signup and view all the answers

What approach should licensees NOT take regarding the Code of Professional Conduct?

<p>Strictly break the rules when necessary (A)</p> Signup and view all the answers

What is necessary for a person to qualify as a client under subsection 1(1)(c)?

<p>Objective evidence of reasonable expectation of services (B)</p> Signup and view all the answers

What distinguishes a client of a licensee working in a firm from those simply sharing office space?

<p>The relationship and services are defined by the firm (C)</p> Signup and view all the answers

Which statement is true regarding general information provided to individuals?

<p>It does not necessarily create a 'client' status. (B)</p> Signup and view all the answers

What will happen to the By-laws and Regulations of the Immigration Consultants of Canada Regulatory Council?

<p>They are to be replaced by new government regulations. (B)</p> Signup and view all the answers

When does a consultation agreement become necessary to establish a client relationship?

<p>It is not a requirement under any circumstance. (D)</p> Signup and view all the answers

What can contribute to the formation of a client relationship, as per the content?

<p>Delivering tailored services specific to the individual's needs. (B)</p> Signup and view all the answers

Who is considered a licensee under the Act?

<p>Both RCICs and RISIAs (D)</p> Signup and view all the answers

What is one misconception about clients of licensees sharing office spaces?

<p>They are automatically clients of all licensees in the office. (A)</p> Signup and view all the answers

What must a licensee do to lawfully provide both immigration consulting and employment recruitment services to a client?

<p>Provide written informed consent from the client. (A)</p> Signup and view all the answers

Which of the following is NOT a requirement for a licensee providing dual services?

<p>Charging a separate fee for providing immigration consulting services. (B)</p> Signup and view all the answers

What must be included in the information given to the client regarding their job in Canada?

<p>Accurate details about wages, benefits, and working conditions. (D)</p> Signup and view all the answers

What legislation must a licensee comply with in order to provide both services?

<p>All applicable legislation regarding employment recruiting services. (C)</p> Signup and view all the answers

Which condition must be met to avoid a conflict of interest when offering dual services?

<p>The client should understand that they are free to choose separate service providers. (C)</p> Signup and view all the answers

What constitutes 'conduct unbecoming' for a licensee?

<p>Taking advantage of a person's vulnerability (D)</p> Signup and view all the answers

Which situation requires a licensee to decline to act for a client?

<p>The conflict of interest cannot be resolved by disclosure and consent (A)</p> Signup and view all the answers

What is the primary obligation of a licensee under the duty of loyalty?

<p>To avoid conflicts of interest and advocate for clients (B)</p> Signup and view all the answers

How should a licensee demonstrate honesty and candour when advising clients?

<p>By being transparent and forthright in communication (D)</p> Signup and view all the answers

Which of the following actions is NOT included under 'conduct unbecoming'?

<p>Offering assistance to vulnerable clients (A)</p> Signup and view all the answers

What must a licensee do if a conflict of interest arises?

<p>Discuss the conflict with the client and gain their consent (A)</p> Signup and view all the answers

What standard is commonly used to measure the impact of a licensee's conduct?

<p>A reasonable person's perspective on trust and confidence (C)</p> Signup and view all the answers

What does the duty of loyalty imply about a licensee's relationship with their clients?

<p>It requires a commitment to the client's best interests (A)</p> Signup and view all the answers

What must a licensee have before providing consulting services in a situation with a potential conflict of interest?

<p>Reasonable grounds to believe they can maintain objectivity (C)</p> Signup and view all the answers

Which of the following is NOT a type of conflict of interest as identified in the content?

<p>Political conflict involving lobbying activities (A)</p> Signup and view all the answers

What is required for a licensee to provide services despite a conflict of interest?

<p>Providing informed consent voluntarily from the client (B)</p> Signup and view all the answers

What does the Code require regarding the disclosure of conflicts of interest?

<p>Written disclosure before seeking consent (B)</p> Signup and view all the answers

Which of the following behaviors would likely create a conflict of interest for a licensee?

<p>Advising a client while being their friend (D)</p> Signup and view all the answers

What is the relationship between a licensee's duty of confidentiality and conflicts of interest?

<p>Confidentiality must always be upheld regardless of conflicts (D)</p> Signup and view all the answers

Which of the following accurately describes the definition of immediate family for licensees?

<p>Any relative residing with the individual permanently (D)</p> Signup and view all the answers

What critical element must be present for a licensee to continue providing services in light of a conflict of interest?

<p>Full disclosure of the conflict (D)</p> Signup and view all the answers

What is a primary principle of professional conduct that mandates honesty?

<p>Integrity (C)</p> Signup and view all the answers

Which duty requires that a professional must avoid situations where personal interests conflict with client interests?

<p>Duty of Loyalty (A)</p> Signup and view all the answers

What is the consequence of providing services for which a consultant is not competent?

<p>Obligation to refer to another professional (B)</p> Signup and view all the answers

Which fundamental principle emphasizes the importance of maintaining client information privacy?

<p>Confidentiality (B)</p> Signup and view all the answers

What type of conduct is classified as 'conduct unbecoming' under the Code?

<p>Dishonesty (A)</p> Signup and view all the answers

Which action is a violation of the duty of civility as per the Code?

<p>Engaging in intimidation (D)</p> Signup and view all the answers

What does the term 'duty of honesty and candour' imply in a professional setting?

<p>Providing full disclosure to clients (D)</p> Signup and view all the answers

Which principle focuses on ensuring professionals are adequately skilled to perform their responsibilities?

<p>Competence (B)</p> Signup and view all the answers

Under which principle must a consultant disclose any fees related to their services?

<p>Duty of Honesty (A)</p> Signup and view all the answers

What is required of a consultant if they are temporarily unable to fulfill their duties?

<p>Notify clients and possibly refer them to another professional (B)</p> Signup and view all the answers

Which of the following is a responsibility related to the handling of client documents?

<p>Store documents securely and provide them to clients when requested (C)</p> Signup and view all the answers

Which declaration exemplifies a conflict of interest?

<p>Having a personal relationship with a client (D)</p> Signup and view all the answers

What must a consultant do when they become aware of a potential conflict of interest?

<p>Disclose the conflict to the involved parties promptly (D)</p> Signup and view all the answers

Which behavior is labeled as unauthorized under the Code?

<p>Offering services without a valid license (B)</p> Signup and view all the answers

What is the recommended action if a fee increases unexpectedly?

<p>Notify clients about the changes and explain reasons (C)</p> Signup and view all the answers

Flashcards

Code of Professional Conduct

A set of rules and guidelines regulating the conduct of RCICs and RISIAs.

RCICs

Regulated Canadian Immigration Consultants.

RISIAs

Regulated International Student Immigration Advisors.

Interpretation Guide

A document clarifying the Code of Professional Conduct for consultants.

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Conflict of Interest

A situation where a consultant's personal interests could negatively impact their client's best interests.

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Competence

The skill and knowledge required to carry out a client's work effectively.

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Confidentiality

The requirement to maintain client's information private.

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Integrity

Acting with honesty and strong moral principles.

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Objectivity

Being impartial and fair in all professional dealings.

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Duty of Good Faith

Acting in the best interest of clients.

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Professional Behaviour

Acting appropriately in professional settings.

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Duty of loyalty

Prioritizing client's interest over own benefit.

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Duty of honesty and candour

Being truthful and transparent in professional dealings.

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Discrimination

Treating someone unfairly based on personal characteristics.

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Dishonesty, fraud or illegal conduct

Acting unethically in dealings.

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Firm Accountability

Firms share responsibility with licensees for ensuring licensees comply with professional standards.

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Quality Control Procedures

Procedures firms must implement to ensure professional standards are met.

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Client Complaint Resolution

Firms must have procedures to fairly and quickly address client complaints.

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Misconduct Prevention

Firms should implement measures to avoid condoning or hiding wrongdoings.

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Minimum Professional Conduct

Written rules establish basic standards, but professionals should exceed these.

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Code of Professional Conduct Applicability

The Code applies to all licensees, regardless of service type.

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Non-licensee Supervision

Licensees are responsible for ensuring their supervised non-licensees comply with the Code.

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Professional Services (Broad Definition)

Applies to licensees beyond immigration, where public relies on licensee expertise, due care, integrity, and objectivity are required.

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Client Relationship

A client relationship exists when there's objective evidence that a licensee agreed to provide specific services, and the individual reasonably expects those services.

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Spousal Sponsorship

A situation where only one spouse may pay the licensee, but both spouses expect services and are considered clients.

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Shared Office Space

Clients of a licensee in a shared office are not clients of other licensees in the same space.

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Firm Client

A client of a licensee working for a firm is considered a client of that firm.

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General Information

Simply providing general information doesn't automatically create a client relationship.

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Personal Information

Sharing personal information that deals with a person's situation, and discussing services that would be provided increases the likelihood of a client relationship.

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Consulting Services

Includes all immigration and citizenship advice and representation.

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College Licensees

RCICs and RISIAs are now considered licensees of the College.

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Dual Role

When a licensee provides both immigration/citizenship consulting AND employment recruitment services to the same client.

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Informed Consent

The client must understand and agree in writing to receive both services from the same licensee.

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No Fee Increase

The client should not pay extra for employment recruitment services; their immigration fees should remain the same.

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Employer Fee Disclosure

The licensee must tell the client exactly how much they're getting paid by the employer for recruiting them.

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Provincial Legislation

Some provinces have laws that limit the ability of licensees to provide both immigration and employment recruitment services.

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Conduct Unbecoming

Behavior that negatively impacts the public's trust in immigration professionals. It's measured by a reasonable person's perception of the conduct, like a client's trust being compromised.

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Taking Advantage of Vulnerability

Exploiting someone's weaknesses (age, lack of knowledge, illness) for personal gain. This is considered conduct unbecoming.

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What is a conflict of interest?

A situation where a consultant's personal interests could negatively impact a client's interests, potentially leading to bias or favoritism.

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When is disclosure sufficient in case of a conflict of interest?

When a consultant is transparent about the conflict to the client in writing and the client provides informed consent in writing.

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Declining to act for a client

When a conflict of interest cannot be resolved even through disclosure and consent, a consultant must refuse to work with the client.

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What is an example of a conflict that can't be solved through disclosure and consent?

When a consultant's personal gain directly contradicts the client's interest, making a fair representation impossible.

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Conflict of Interest Disclosure

Before providing immigration or citizenship consulting services, licensees must disclose any conflicts of interest to the client and obtain their free and informed consent in writing.

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Reasonable Grounds for Providing Services

Even with client consent, licensees can't help if doing so creates a conflict of interest, unless they have reasonable grounds to believe their objectivity, trust, and confidentiality won't be compromised.

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Immediate Family

Includes parents, spouses, children, step-relatives, and permanent residents of the licensee's household.

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Types of Conflicts of Interest

Conflicts can arise from business relationships, personal relationships, or material advantages.

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Consent Requirement

Client consent must be obtained in writing, be free and informed, and acknowledge that licensees cannot help if their objectivity, relationship of trust, and confidentiality might be compromised.

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Introspection by Licensees

Licensees must honestly assess and evaluate the potential impact of a conflict of interest on their ability to represent a client fairly.

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Broad Definition of Conflict of Interest

The term 'conflict of interest' encompasses a wide range of behaviors and activities described in the Code's provisions.

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Duty to Disclose Conflicts

Licensees have a responsibility to inform both clients and employers about any potential conflicts of interest.

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Study Notes

Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees - Interpretation Guide

  • Version: 2022-001
  • Last Modified: October 27, 2022
  • Contact Information: 1002-5500 North Service Road, Burlington, ON L7L 6W6; T: 1-877-836-7543; F: 1-877-315-9868; www.college-ic.ca

Contents

  • Foreword

  • Characteristics of a profession

  • Fundamental Principles Governing Conduct

  • Professional Behaviour

  • Duty of Good Faith

  • Integrity

  • Objectivity

  • Competence

  • Confidentiality

  • Principles Governing the Responsibilities of Firms

  • Application of the Code

  • Interpretation

    • Definitions
      • Act
      • client
    • Conflict of Interest
    • Purpose and Application
      • Purpose
      • Application
  • General Standards

  • Professional Conduct

  • Standards of Profession

  • Conduct unbecoming

  • Duty of loyalty

  • Duty of honesty and candour

  • Duty of civility

  • Relationship of trust

  • Compliance with applicable legislation

  • Discrimination

  • Intimidation and coercion

  • Dishonesty, fraud or illegal conduct

  • Inducement

  • Non-application

  • Fee

  • Original documents

  • Client documents

  • Conflicts of interest

  • Duty to avoid conflict

  • Unauthorized behaviours

  • Interpretation — paragraph (1)(b)

  • Definition of employment recruitment services

  • Conflict of interest — employment recruitment services

  • Conditions

  • Definition of student recruitment services

  • Conflict of interest — student recruitment services

  • Conditions

  • Competence

  • Competence and diligence

  • Nature of competence

  • Obligation if not competent

  • Requirements

  • Maintaining competence

  • Delivering quality services

  • Actions taken when representing client

  • Keeping client informed

  • Interpreter or translator

  • Relationship to Clients

    • Initial consultation
    • Content of consultation agreement
  • Principles Governing the Responsibilities of Firms

  • Application of the Code

  • Interpretation of the Code of Professional Conduct

  • Types of conflict of interest

  • Duty of good faith

  • Integrity

  • Objectivity

  • Competence

  • Confidentiality

  • Definition of student recruitment services

  • Conflict of interest — student recruitment services

  • Nature of competence

  • Definition of employment recruitment services

  • Maintaining competence

  • Delivering quality services

  • Actions taken when representing client

  • Keeping client informed

  • Interpreter or translator

  • Relationship to Clients

    • Initial consultation
    • Content of consultation agreement
  • Principles Governing the Responsibilities of Firms

  • Application of the Code

  • Interpretation of the Code of Professional Conduct

  • Types of conflict of interest

  • Duty of loyalty

  • Duty of honesty and candour

  • Duty of civility

  • Relationship of trust

  • Compliance with applicable legislation

  • Discrimination

  • Intimidation and coercion

  • Dishonesty, fraud or illegal conduct

  • Inducement

  • Original documents

  • Client documents

  • Conflicts of interest

  • Duty to avoid conflict

  • Unauthorized behaviours

  • Interpretation — paragraph (1)(b)

  • Definition of employment recruitment services

  • Conflict of interest — employment recruitment services

  • Conditions

  • Definition of student recruitment services

  • Conflict of interest — student recruitment services

  • Maintaining competence

  • Delivering quality services

  • Actions taken when representing client

  • Keeping client informed

  • Interpreter or translator

  • Relationship to Clients

    • Initial consultation
    • Content of consultation agreement
  • Principles Governing the Responsibilities of Firms

  • Application of the Code

  • Interpretation of the Code of Professional Conduct

  • Types of conflict of interest

  • Duty of loyalty

  • Duty of honesty and candour

  • Duty of civility

  • Relationship of trust

  • Compliance with applicable legislation

  • Discrimination

  • Intimidation and coercion

  • Dishonesty, fraud or illegal conduct

  • Inducement

  • Original documents

  • Client documents

  • Conflicts of interest

  • Duty to avoid conflict

  • Unauthorized behaviours

  • Interpretation — paragraph (1)(b)

  • Definition of employment recruitment services

  • Conflict of interest — employment recruitment services

  • Conditions

  • Definition of student recruitment services

  • Conflict of interest — student recruitment services

  • Maintaining competence

  • Delivering quality services - Actions taken when representing client - Keeping client informed - Interpreter or translator - Relationship to Clients - Initial consultation - Content of consultation agreement

  • Principles Governing the Responsibilities of Firms

  • Application of the Code

  • Interpretation of the Code of Professional Conduct

  • Types of conflict of interest

  • Duty of loyalty

  • Duty of honesty and candour

  • Duty of civility

  • Relationship of trust

  • Compliance with applicable legislation

  • Discrimination

  • Intimidation and coercion

  • Dishonesty, fraud or illegal conduct

  • Inducement

  • Original documents

  • Client documents

  • Conflicts of interest

  • Duty to avoid conflict

  • Unauthorized behaviours

  • Interpretation — paragraph (1)(b)

  • Definition of employment recruitment services

  • Conflict of interest — employment recruitment services

  • Conditions

  • Definition of student recruitment services

  • Conflict of interest — student recruitment services

  • Maintaining competence

  • Delivering quality services

  • Actions taken when representing client

  • Keeping client informed

  • Interpreter or translator

  • Relationship to Clients

    • Initial consultation
    • Content of consultation agreement
  • Principles Governing the Responsibilities of Firms

  • Application of the Code

  • Interpretation of the Code

  • Types of conflict of interest

  • Duty of loyalty

  • Duty of honesty and candour

  • Duty of civility

  • Relationship of trust

  • Compliance with applicable legislation

  • Discrimination

  • Intimidation and coercion

  • Dishonesty, fraud or illegal conduct

  • Inducement

  • Non-application of sections 23 and 24

  • Exemption from application of sections 23 and 24

  • Opinion to be provided

  • Obligation of confidentiality

  • Disclosure of confidential information

  • Scope of disclosure

  • Complaints

  • Errors or omissions

  • Interpretation — liability insurance

  • Fees

  • Disbursements

  • Additional fees or disbursements

  • Unnecessary increases — fees or disbursements

  • Advance payments

  • Invoice

  • Description of services and disbursements

  • Receipt

  • Termination of service agreement

  • Mandatory termination of service agreement

  • Dishonest or illegal conduct

  • Referral to other licensee

  • Actions required — Actions completion or termination

  • Transfer of file

  • Delay

  • Office Administration and Management

    • Record keeping
  • Professional responsibility

  • Delegation

  • Relationship to the College and Other Persons

    • Mandatory reporting to College
  • Communications with complainant

  • Current clients

  • Conduct of fellow licensee

  • Reportable conduct

  • Exceptions

  • False, misleading or inaccurate public statement

  • Marketing of Immigration or Citizenship Consulting Services

    • Marketing of services
    • False, misleading or inaccurate representations
    • Client endorsement
    • Identifying marks of College
    • Transitional Provision
  • Inconsistency with Council by-laws and regulations

  • Establishment and Coming into Force

  • Registration

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