15 JAN 2018 EDITION

W: www.iccrc-crcic.caE: info@iccrc-crcic.ca

bulletinI would like to thank our Members, Board Members, and Staff for their support and confidence to turn every challenge into an opportunity this year. In the coming year it is my wish that we continue this positive momentum and work with greater zeal and strength to make the impossible possible.

The past month was extremely productive with a very successful meeting occurring with the BC Provincial Nominee Program, Executive Director, Ms. Deb Zehr, Troy Machan, Director, Program Management & Planning and Michael Kim, Director, Entrepreneur Immigration and with the Director of Education, Hafeeza Bassirullah, and myself. It was an important opportunity to discuss how we can better protect the public by effectively overseeing licensed Immigration and Citizenship consulting. We look forward to further engagement and discussions between the province of BC and ICCRC to advance the coordination, information sharing and to develop the best practices of licensed Immigration Consultants.

Another important sharing of information session took place with, Mr. Martin Barry, Director, Immigration Program Guidance Branch, Ms. Katarina Stephenson, Director, Immigration Branch, Ms. Candace Brooks, Assistant Director, Immigration Program Guidance Branch and Ms. Shelley Duffin, Senior Analyst, Immigration Branch at our head office. This was one of the many positive meetings that will be had between ICCRC and Immigration, Refugee and Citizenship Canada (IRCC).

New Year Message from the President of ICCRC

protect. regulate. support The Immigration Consultants of Canada Regulatory Council (ICCRC) is a national regulatory body that serves and protects the public by overseeing licensed immigration and citizenship consulting and international student advising professionals.

Continuing with this positive momentum, Director General Bruce Scoffield called in to our Board Meeting in December to introduce himself to the Board and had an open discussion with the Directors during which he answered their questions.

It is this positive momentum and consistent work and strength to make the impossible possible that we will move forward with in this New Year.

Wishing you a successful Happy New Year.

Sincerely,

Stephen AshworthPresident and CEO

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What is self-regulation?A privilege that encompasses the authority to license and the ability to discipline licensees.

A mandate granted to serve the public interest.

The recognition that regulated professionals provide a service that may involve some risk to the public.

ResponsibilitiesThe profession as a group must make sure that the organization functions properly, and that it has the means to meet emerging challenges and promote understanding and respect from stakeholders.

Members of the profession must participate in the maintenance and development of the profession to keep it healthy and strong, accept legal and ethical responsibility for their work, and hold the interest of the public as paramount. Members are accountable for their actions, the actions of those they supervise and the practice of their profession.

The organization sets the standards of education and entrance

Self-regulation is a hot topic be it in the media or among Members. Robert Schultze, former president of the Saskatchewan Assessment Appraisers’ Association (SAAA) – an association legislated as a self-governing body in 2002 – wrote an article titled What Does It Mean To Be a Self-governing Regulated Profession, which provides interesting information on the subject.

What Does it Mean to be a Self-governing Regulated Profession?

requirements, establishes and maintains levels of competency and a code of conduct, and administers a disciplinary process for those who violate standards and practices.

ConfidenceThe client or the employer of the professional must have confidence in his/her technical competence.

The public must have confidence in the professional’s integrity in serving the public interest.

Advocacy versus governanceAn advocacy body promotes the economic and professional interests of the profession’s members.

A governance body protects the public interest through regulation.

Public interest is also served by the protection and promotion of the self-governing profession.

Professional self-interest must always yield to public interest.

Journal of Property Tax Assessment & Administration; 2007, Vol. 4 Issue 3, p. 41; https://professional.sauder.ubc.ca/re_creditprogram/course_resources/courses/content/112/self-governing_regulated_profession.pdf

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WHY WE FOR SUCCESSWORLD BUSINESS

Can a salaried employee of an education provider offer immigration / citizenship service / advice for an additional fee in cooperation with the education provider?

Requirements for Employees of Education Providers Offering Additional Services

In the event an RCIC, who is a salaried employee of an education provider, wishes to work in cooperation with the education provider to offer immigration/citizenship service/advice for an additional fee, the following requirements apply:

• Section 4.4 and 4.6 of the Retainer Agreement Regulation require that a retainer agreement be completed for all services an RCIC undertakes for a fee, other consideration, or pro bono under the Immigration and Refugee Protection Act, the Citizenship Act or in the case of Labour Market Impact Assessments or some Provincial Nominee Program applications under the rules which apply to the said procedures.

• Section 4.1.a of the Client Account Regulation requires that all money to be held on behalf of a

client for future unbilled services, for overpayment of billed services, for all Government processing fees, and for all other disbursements must be promptly (and in no event later than fourteen (14) calendar days following receipt) paid into an account that is:

i. designated as a Client Account;ii. kept in the name of the RCIC; andiii. kept at a Financial Institution.

• Section 4.2 of the Client File Management Regulation requires an RCIC to maintain accurate and up-to-date client records for each client with whom he/she signs an initial consultation agreement and/or retainer agreement.

• The RCIC is required to provide this additional immigration/citizenship service/advice through his/her own immigration/citizenship consulting practice (e.g., sole proprietorship, incorporation, etc.).

• The RCIC is to ensure that this method of business operation has been registered with ICCRC.

• As an owner of an immigration/citizenship consulting

practice, the RCIC is required to comply with the Planned or Unplanned Absence Regulation.

Can a salaried employee of an education provider offer immigration/citizenship service/advice for an additional fee, which is independent of the education provider?

The same requirements apply to this scenario as they do for the scenario above.

In addition, the RCIC may wish to refer to his / her employment contract with the education provider to ensure that the course of action does not violate the terms of that agreement.

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As a reminder, family members, friends and non-profit and religious groups can help students with their immigration application as long as their services are not paid. However, anyone providing immigration/citizenship advice or representation for a fee or other consideration, be it directly to the student or indirectly through an institution, must be an authorized representative. Only members in good standing of provincial or territorial law societies, the Chambre des notaires du Québec or the ICCRC are authorized representatives.

Unpaid and Paid Representatives

In an effort to increase consumer protection, ICCRC has sent the information below to Canadian educational institutions to educate them on what educational agents working for them can or cannot do.

Canada welcomes a growing number of international students each year. Those students constitute a vulnerable population due to language ability, age and financial obligations involved. For that reason, it is important to make sure that Canadian educational institutions act according to the law in order to protect their students.

educational Agents

Dos and Don’ts

Educational Agents

Canadian educational institutions often hire educational agents at home and abroad to assist students. Agents typically charge a fee for their recruitment services. However, such agents must be authorized representatives if they want to provide immigration/citizenship advice or representation to their clients.

Educational agents can:

Direct someone to the IRCC website to find information on:• immigration/ citizenship programs• application forms, or• authorized representatives

Provide academic advise to international students on how to select their courses or register.

Educational agents cannot:

Explain and/or advise on someone’s immigration/citizenship options

Represent a client in an immigration/ citizenship application or proceeding

Advertise that they can provide immigration/citizenship advice or representation for consideration

For complete details visit Use of representatives: Guidelines for other stakeholders and Learn about representatives on the IRCC website.

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(A) The Regulation requiresownersofanimmigration/citizenshipconsulting practice to complete thefollowingtasksbyMay1,2018:

1. Create a contingency plan to address what will occur with their practice in the event of a planned or unplanned absence (see Section 4.4 of the Regulation for details);2. Provide the Registrar with a Designation of an Authorized Representative or Responsible Person Form (Designation Form) by e-mailing records-documents@iccrc-crcic.ca• The contingency plan must be shared with the authorized representative(s) and/or responsible person prior to signing the Declaration Form (see Sections 4.5-4.9 of the Regulation for further details); and3. Develop a business continuity plan to deal with events that would stop normal office processes as a result of either routine or dramatic events (see Sections 3.2.c and 4.10 of the Regulation for details).

(B) RCICswhoownan immigration/citizenship consulting practice arerequired to complete thePUAcoursebyMarch5,2018;however,allRCICsareencouragedtotakethecourse.

If you own an immigration/citizenship consulting practice, please ensure you have:□ Read and understood the Planned or Unplanned Absence Regulation□ Registered for the PUA course (click here to register now)□ Completed the three (3) mandatory tasks listed above by the aforementioned deadline □ Completed the PUA course by March 5, 2018

If you have completed the PUA course, please direct any questions to your instructor. If you have not completed the PUA course, please direct any questions to pme-fpp@iccrc-crcic.ca.

RCICs who own an immigration/citizenship consulting

practice (e.g., sole proprietorship, corporation, etc.) are

required to: (A) adhere to the Planned or Unplanned

Absence Regulation and (B) complete the Planned or

Unplanned Absence (PUA) course by the deadline.

Planned or Unplanned Absence Regulation and Course Requirements

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Dear Fellow Members,

Welcome to 2018!

This year will be an extremely important one for ICCRC’s future. As we are all aware, IRCC will be drafting a Memorandum to Cabinet this spring and this will weigh heavily on ICCRC’s role going forward.

The Council continues to work with IRCC, including having Director General Bruce Scoffield remotely join in our Board Meeting in December to introduce himself to the Board and to have a discussion with Directors. It’s clear that the Department is looking at all sides, but we continue to maintain a very positive working relationship and are working on new ways to collaborate and better protect the public. We will continue to take every opportunity to show the Department our progress improving immigration consultation regulation.

Also at the December Board meeting we approved the delay in rolling out the Planned and Unplanned Absence requirements, worked to provide new Directors with a full understanding of how ICCRC operates and started work on a new multi year strategic plan. We hope that our new plan is completed this winter.

Sadly, I also need to let Members know that Lynn Gaudet resigned from the Board of Directors in December. We were hoping to share that message at the same time we did a recruitment callout for Directors, but following the Bylaw amendment approved in November a Board approved skills matrix needs to be used as the basis for the recruitment. That skills matrix is in development, and we hope to have more details on the recruitment out in the following weeks.

As we move forward in January, my priorities are in strategic planning!

Regards,

Chris Daw, RCIC

Message from the Chair

January 31, 2018 – Deadline to submit documentation in support of CPD hours for 2017Februray 15, 2018 – Next E-bulletinMarch 5, 2018 – Deadline to complete the Planned or Unplanned Absence course

Upcoming Dates

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