Professional Conduct Code for Immigration Consultants

Summary#

The government published the Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees (SOR/2022-128). It sets detailed professional rules for licensed immigration and citizenship consultants and took effect on June 10, 2022 (registration date).

What it does#

• Sets ethical and practice standards for all licence-holders of the College of Immigration and Citizenship Consultants (examples: honesty, civility, competence, confidentiality).
• Requires written agreements:
  • a short consultation agreement before an initial meeting; and
  • a detailed service agreement before work begins, listing services, estimated fees, timelines and complaint procedures.
• Tightens conflict-of-interest rules, including limits when a consultant also provides employment or student recruitment services and rules about not charging clients recruitment fees in some cases.
• Bans certain behaviours: taking original documents without good reason, lending/borrowing money from a client, and most referral or inducement payments.
• Money handling and fees:
  • Advance payments must be held in a client trust account at an approved bank.
  • Fees and disbursements must be fair, itemized and justified.
• Reporting and oversight:
  • Licensees must report events such as bankruptcy, criminal charges, or professional discipline to the College.
  • The College enforces the Code and handles complaints and discipline.
• Administrative expectations: record keeping, supervising staff, using qualified interpreters when needed.
• The government estimated implementation costs for the College at about $0.1 million (one-time).

Who's affected#

• Primarily licensees of the College — people and businesses licensed to give immigration or citizenship advice and representation.
• People who hire consultants — clients, including newcomers, visitors, international students and temporary workers.
• Employers and education institutions that work with consultants (because of rules about recruitment and disclosure).
• The new regulator itself, the College of Immigration and Citizenship Consultants, which must implement and enforce the Code.
• It does not apply to unlicensed or “ghost” consultants (the Code only governs licensed practitioners).

Why it matters#

• The Code aims to protect people who rely on paid advisers by spelling out how consultants must behave and what clients should expect in writing.
• Practical effects clients may notice: clearer contracts, stronger confidentiality, limits on unexpected fees, faster returns of files, and a formal complaints path.
• For clients seeking jobs or study in Canada, the Code limits situations where a consultant can both recruit and charge the client; in some regions that could shift recruitment costs to employers (the Code notes provinces such as Newfoundland, Prince Edward Island, New Brunswick and the Northwest Territories where fee rules may differ).
• For the public, the Code is meant to raise professional standards and reduce harm from unethical licensed consultants — though it does not, by itself, stop unlicensed actors who operate illegally.