Reference no: EM133855024

Question

A licensee must promptly respond to any complaints made to the licensee by a client in respect of the immigration or citizenship consulting services provided or in respect of any person assisting the licensee in the provision of those services. Interpretation The term "promptly" indicates the immediacy of the situation. Client complaints can undermine public confidence in the profession and must be addressed by the licensee in a timely manner. For the purposes of the Code, "promptly" generally means as soon as practical and no later than 30 calendar days following the request. Client complaints must be dated and documented. Licensees' responses to client complaints must also be documented either electronically or by paper copy. A copy of the response must be kept in the client file and a copy provided to the client within 30 calendar days. Errors or omissions 30 (1) If a licensee is responsible for an error or omission, in respect of a client's case, that results or may result in prejudice to the client and that cannot be readily corrected, the licensee must (a) promptly and fully inform the client, the licensee's professional liability insurer and the Registrar of the error or omission; 54/70 Code of Professional Conduct - Interpretation Guide 2022-001 | ©2022 (b) promptly recommend that the client obtain legal advice concerning any rights that the client may have arising from the error or omission; (c) promptly provide confirmation to the Registrar that the licensee's professional liability insurer has been informed of the error or omission; and (d) determine if it is appropriate to continue providing immigration or citizenship consulting services to the client. Interpretation The term "promptly" has been used in this section to underline the immediate need to rectify an error or omission. For the purposes of the Code, "promptly" means as soon as practical and no later than within 30 calendar days. The term "promptly" holds a licensee accountable to an immediate timeframe. It is best practice to act immediately to inform the client, recommend they obtain legal advice, provide confirmation to the Registration Department and to determine if it is appropriate to continue providing services to the client. Errors and omissions must be dated and documented promptly. Responses to clients must also be documented with an electronic or paper copy provided to the client and included in the client's file. Interpretation - liability insurance (2) If a licensee is covered by an employer's liability insurance in respect of the error or omission, the reference in paragraph (1)(a) and (c) to the licensee's professional liability insurer is to be read as a reference to the employer's liability insurer.

Immigration consultant Karim is preparing an Express Entry application for Josephine who has worked in Canada as an accountant on a work permit for 18 months. She now qualifies for PR in the Canadian Experience Class. Karim is collecting the details of her work history as required for the application. He emphasizes that her work history back ten years must be complete, detailed and accurate. Josephine informs him that the work history she provided on her earlier work permit form was not as detailed, in fact was not really the same - and there were probably some errors on it. She filled out her own work permit form and didn't pay that much attention.

Karim advises Josephine they can include a brief explanation of this issue now, to pre-emptively address possible questions that might be raised by the IRCC.  He recommends they just admit the work history information on the PR application is not the same as she provided on her earlier work permit and apologize for any errors. She agrees.

Nevertheless, three months later, a procedural fairness (PF) letter arrives from IRCC alleging that Josephine may have misrepresented material facts in her current application or her previous temporary application. If so, this could render her inadmissible for five years for misrepresentation under s 40 of IRPA.  She has 30 days to respond.

Karim is not sure how to respond to the procedural fairness letter. He does some research and writes a letter to the best of his ability explaining that these were innocent mistakes and citing some case law and policy on misrepresentation.

Despite Karim's efforts, the application is refused on the grounds of misrepresentation. Now Karim is considering his next step. He does not have experience with misrepresentation and is contemplating finding someone with more expertise to help.  But now the matter will likely require an application to Federal Court to try to overturn the refusal and Karim's licence as an RCIC does not permit him to advise on Federal Court matters.

Review Sections 19 and 20 of the Code of Professional Conduct.

If Josephine advises Karim that she intends to make a complaint to the College due to his mistakes, what are Karim's obligations under the Code? What is the most relevant section.