Professional Code for Immigration Consultants

Summary#

This Canada Gazette notice proposes the Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees, a new ministerial code to set clearer ethical and practice rules for immigration and citizenship consultants. It is a proposal (not final) and the government asked for comments within 30 days of publication on May 15, 2021.

What it does#

• Sets a detailed, mandatory code of behaviour and competence for licensed consultants under the College of Immigration and Citizenship Consultants Act.
• Organizes rules into parts covering definitions, general standards, client relationships, office management, reporting to the regulator, and marketing.
• Requires written consultation and service agreements that list services, fees, timelines and complaint options.
• Requires consultants to keep client records, protect confidentiality, and return original documents unless there is a legitimate reason to hold them.
• Requires consultants to hold advance payments in a client trust account and to issue invoices and receipts.
• Requires licensees to give clients (and people who assist them) a copy of the Code and to be familiar with it.
• Prohibits consultants from charging recruitment fees to a foreign national client when the consultant also provides labour‑recruitment services; any recruitment fee must be charged to the employer instead.
• Prohibits accepting or offering inducements or referral payments that could bias advice.
• Prohibits certain conflicts of interest and certain personal or financial relationships with clients (for example, lending or intimate relationships).
• Restricts misleading advertising and bans guarantees of success.
• Makes the new College of Immigration and Citizenship Consultants (College) responsible for enforcement through its complaints and discipline processes.

Who's affected#

• Licensed immigration and citizenship consultants — the primary group required to follow the new Code.
• The existing regulator, Immigration Consultants of Canada Regulatory Council (ICCRC), which is expected to transition into the new College and implement the Code.
• People who use consultants (clients), including newcomers, temporary residents and others applying for immigration or citizenship. Those with language or cultural barriers are likely to be most affected.
• Employers who use consultants for labour recruitment — especially in regions where charging recruitment fees to job seekers has not been widely prohibited (noted examples: Newfoundland, Prince Edward Island, New Brunswick, and the Northwest Territories).
• Legal professionals, provincial regulators and provincial immigration programs that interact with federally authorized consultants.
• The notice cites that the profession had about 6,744 members (with 216 consultants abroad) under the existing regulator.

Why it matters#

• The Code aims to reduce fraud, unethical behaviour and poor practice by making expectations explicit and enforceable. That can cut the risk of serious harm to clients (lost money, ruined applications, or loss of status).
• It increases transparency for clients: clearer service agreements, fee rules, and notices about how to complain. That helps people decide whether to hire a consultant and how to spot problems.
• The rule prohibiting recruitment fees to foreign national clients shifts that cost to employers in some places, which may affect hiring costs for some small businesses.
• The government estimates modest implementation costs for the regulator (about $0.1 million), while saying overall benefits (protecting clients and improving public confidence) are expected to outweigh those costs.
• This is a proposed regulation open for comment — it is not yet in force. The College Act itself came into force on December 9, 2020, and the Code would come into force when it is registered.