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Agents Course

Workbook

Version: 2017-002 Last Modified: December 4, 2017

© 2017 by the Immigration Consultants of Canada Regulatory Council. No part of this publication may be

used or reproduced in any manner whatsoever without the prior written permission of the Council, except in the case of brief quotations accompanied by proper citation.

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Table of Contents

Module 1: Agents Fundamentals ................................................................. 3

Module 2: Working with an Agent …………………………………….…………………….. 7

Module 3: Application of Concepts …....…………………...……………………………… 19

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Module 1: Agents Fundamentals

What is your definition of an Agent?

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Agents Roles and Responsibilities

Agents May

Agents Must Not

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Is this an Agent Situation?

Are the following scenarios Agent situations? Why or why not? Situation 1 A friend of mine who works with an immigration company has asked me to work with them to help their clients submit applications for Canadian immigration. Up to this point, the company has not had any ICCRC members or any other authorized representatives working on their staff. They would like to make me an employee of their company and pay me a monthly fee based on the number of files I work on each month. As they will have an agreement with the client, they are suggesting that I do not need to have one. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Situation 2

I was recently approached by a NGO here in Canada who asked if I could provide advice and representation to some of the people that they work with. The NGO does not expect a fee for introducing potential clients to me. However, they would like for us to have an agreement, or memorandum of understanding as they have described it. The Agreement would make it clear that in return for them introducing potential clients to me, I agree to keep in mind that the people I will be dealing with do not have a lot of money and as such, I will charge accordingly.

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__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Situation 3 One of the parents on my daughter’s soccer team runs a recruitment agency here in Canada. They recruit live-in caregivers from abroad for families in Canada. Until recently they had been handling all of the immigration services themselves. However, after hearing about Bill C-35, they now realize that they are not permitted to do this. Knowing that I am an immigration consultant they asked if we could enter into some kind of business relationship whereby they would deal with the recruitment and I would provide the immigration services. As part of the agreement I would pay the recruitment agency a small fee for each client they introduce to me.

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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Module 2: Working with an Agent

JOB OPPORTUNITY WANTED: Agent for a Regulated Canadian Immigration Consultant

Must have the following skills (e.g., time management, etc.):

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

Must be of the following character (e.g., conscientious, etc.):

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

Must be knowledgeable in the following areas (e.g., marketing, etc.):

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

Experience in the following areas would be an asset (e.g., immigration matters, etc.):

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

Must have the following (e.g., clean driving license, etc.):

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

Must be willing to (e.g., travel, etc.):

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

Instructions: Complete the job advertisement for hiring an Agent.

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Agent Agreement Template

This Agent Agreement is made this ___ day of _________, 201_, between RCIC __________________________ [insert RCIC name] (the “RCIC”), located at ________________________________________________________ [insert business address] and Agent___________________________________ [insert Agent/Company name] (the “Agent”), located at _________________________________________________ [insert business address]. WHEREAS the RCIC and the Agent wish to enter into a written agreement which contains the agreed upon terms and conditions upon which the Agent will provide his/her services to the RCIC for their mutual benefit; AND WHEREAS the RCIC is a member of Immigration Consultants of Canada Regulatory Council (the “Council”), the regulator in Canada for immigration consultants; IN CONSIDERATION of the mutual covenants contained in this Agreement, the parties agree as follows: 1. Expectations

The Agent hereby agrees to refer Clients to the RCIC to provide immigration consulting services and in furtherance of this, to provide marketing and/or administrative support. [List additional expectations] 2. Definitions The terms “Client”, “Client Property” and “Client Records” shall have the meaning given to such terms in the Agents Regulation of the Council. 3. Term

This Agreement shall be in effect upon the date of this Agreement set forth above and shall continue ______ [e.g., 1 year, indefinitely, etc.] from the date hereof unless terminated by either party in accordance with the terms of this Agreement. There will be a three-month probationary period, during which time either party may terminate the Agreement without cause after having provided the other party with written notice. 4. Agent Responsibilities and Commitments The Agent shall be responsible for providing the following services [list and describe relevant tasks and duties]:

This template is provided by the Council for RCICs’ consideration and use when drafting an Agent Agreement. It is NOT meant to be used "as is". It must be completed with the actual terms and conditions

of the business arrangement between a RCIC and his/her Agent.

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1. [describe]

2. [describe]

3. [describe]

The Agent, under the guidance of the RCIC, agrees to conduct himself/herself in a manner that is consistent with

the Council’s By-Law, Code of Professional Ethics, and Regulations, which are contained on the Council’s

website.

The Agent must not provide the following services:

1. [describe]

2. [describe]

3. [describe] 5. RCIC Responsibilities and Commitments The RCIC shall be responsible for the following [list and describe relevant tasks and duties]:

1. [describe]

2. [describe]

3. [describe]

The RCIC undertakes to inform the Agent about the Council’s By-law, Code of Professional Ethics, and Regulations. 6. Compensation and Expenses The Agent will be paid by __________ [e.g., commission, pro-rated targeted base, bill by the hour, etc.]. The fee will be paid by means of ________________________ [e.g., wire transfer, etc.] and according to the following schedule: [Include a schedule of payments] Expenses incurred by either party will be addressed in the following manner:

1. [describe]

2. [describe]

3. [describe]

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7. Dispute Resolution Related to the Code of Professional Ethics In the event of a dispute related to the Code of Professional Ethics, the Agent may make a complaint, in

writing, to__________________________________________________________________________________

___________________________________________________________________________________________

[insert RCIC name, email and mailing address] and should allow the RCIC ___________ [insert number of days]

days to respond to/resolve the issue. In the event a resolution cannot be reached, the Agent may exercise

his/her option to follow the complaint and discipline procedure outlined by the Council on their website, under

the heading “File a Complaint”. NOTE: All complaint forms must be signed.

ICCRC Contact Information:

Immigration Consultants of Canada Regulatory Council (ICCRC)

5500 North Service Rd., Suite 1002

Burlington ON L7L 6W6

Toll free: 1-877-836-7543 8. Confidentiality The Agent agrees that he/she shall not disclose to anyone any confidential information with respect to the business or affairs of the RCIC, including without limitation Client Property and Client Records, except as may be necessary to perform the Agent’s services under this Agreement. The Agent shall faithfully serve and use his/her best efforts to promote the interests of the RCIC and shall not use any information he/she may acquire with respect to the business and affairs of the RCIC for his/her own purposes or for any purposes other than those of the RCIC. These obligations of confidentiality shall survive the expiry or termination of this Agreement. 9. Termination

i. Either party may terminate this Agreement:

a. For cause, upon providing written notice to the other party; or

b. Without cause, upon ____ [include number of days] days written notice to the other party.

For the purposes of Section 9.i.a, “cause” shall include, but is not limited to:

a. One of the parties having failed to perform his/her duties under this Agreement in accordance with the expectations of the other party; or

b. Either party having breached any of the terms of this Agreement.

ii. The RCIC must terminate this Agreement upon notice to the Agent, if the RCIC has reasonable grounds

to believe that the Agent has committed an act of fraud or has engaged in misconduct in circumstances

which would make the Agent unsuitable to continue to discharge his/her duties under this Agreement.

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iii. In the event of termination of this Agreement by either party, the parties hereto agree that for services already rendered, the Agent shall be entitled to receive payment for all outstanding amounts due, as at the date of termination.

iv. In the event of expiry or termination of this Agreement, the Agent agrees to return to the RCIC any property, documentation or confidential information which is the property of the RCIC, including without limitation all Client Records and/or Client Property.

10. Conflict of Interest

Where a conflict of interest is identified by a party hereto either between the Agent and a Client, or the RCIC and either the Agent or a Client, such party will bring the conflict of interest to the attention of the other party hereto and a course of action to remedy the situation will be agreed upon. Failure to agree upon a course of action may result in the termination of this Agreement by either party hereto. 11. Promotions and Advertising Pursuant to the Code of Professional Ethics, the Agent agrees not to engage in false or misleading advertising or representations and shall not misrepresent or mislead a Client as to the RCIC’s qualifications, services, fees, available programs or benefits or provide false or unrealistic expectations regarding potential results, or processing times. The Agent agrees not to use any promotional/advertising material of any kind which has not first been reviewed and approved in writing by the RCIC.

The Agent will provide the following promotional activities:

1. [describe]

2. [describe]

3. [describe]

12. Client Records and Client Property The Agent agrees to provide the RCIC with any Client Records and/or Client Property that may be in his/her possession upon receipt or creation in order that the RCIC may comply with the Client File Management Regulation of the Council. The Client Records and/or Client Property will be delivered to the RCIC via_____________ [insert method of delivery]. 13. Planned or Unplanned Absence

In the event of a planned or unplanned absence from the immigration/citizenship consulting practice (as defined in the Planned or Unplanned Absence Regulation), the contact information of the Authorized Representative(s) and/or Responsible Person who will take over the Client Files upon receiving Client permission to do so via the Release Form is:

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Given Name _____________________________ Family Name _______________________________________

Business Address ____________________________________________________________________________

Telephone Number _______________________ E-mail ____________________________________________ [Include the contact information for each designated Authorized Representative and Responsible Person.] In this situation, Client Records and/or Client Property will be transferred as follows: _____________________ __________________________________________________________________________________________ [describe the manner in which Client Records and/or Client Property will be transferred to the Authorized Representative(s)/Responsible Person]. Outstanding fees for services will be paid in the following manner: ____________________________________ __________________________________________________________________________________________ [describe the manner in which fees for services will be paid]. The Agent Agreement will be terminated as follows: ________________________________________________ ___________________________________________________________________________________________ [describe the manner in which the Agent Agreement will be terminated]. 14. Client Fees The Agent understands that all Client fees collected are the responsibility of the RCIC and must be handled in accordance with the Client Account Regulation of the Council. The Agent agrees never to collect money from Clients.

All Client funds must be deposited in accordance with the Client Account Regulation of the Council. 15. Non-Compete Clause During the term of this Agreement and for ______ [insert number of years] years after termination, the Agent shall not compete with the RCIC directly or indirectly in the sale or promotion of services, the same as or similar to the RCIC’s services. 16. Governing Law This Agreement shall be governed by the laws in effect in the Province/Territory of _______________________, and the federal laws of Canada applicable therein and except for disputes pursuant to Section 7 hereof, any dispute with respect to the terms of this Agreement shall be decided by a court of competent jurisdiction within the Province/Territory of _______________________.

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17. Independent Contractor It is acknowledged by the parties hereto that the Agent is being retained by the RCIC in the capacity of independent contractor and not as an employee of the RCIC. The Agent and the RCIC acknowledge and agree that this Agreement does not create a partnership or joint venture between them. 18. No Assignment The Agent’s rights and duties under this Agreement may not be assigned to anyone else without the RCIC’s prior written approval. Any assignment without approval is voidable by the RCIC. 19. Indemnification The Agent shall indemnify, defend and hold harmless RCIC from any claims, losses, legal fees, damages, liabilities, costs, expenses or suits for injury to any person, damage to or loss of property, or any other claim arising out of or resulting from any act or omission of the Agent. In no event, however, shall the Agent be responsible for the sole negligence of the RCIC. 20. Miscellaneous

i. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, warranties, representations, negotiations and discussions, whether oral or written, of the parties except as specifically set forth herein.

ii. This Agreement shall be binding upon the parties hereto and their respective heirs, administrators,

successors and permitted assigns.

iii. This Agreement may only be altered or amended when such changes are made in writing and executed by the parties hereto.

iv. The provisions of this Agreement shall be deemed severable. If any provision of this Agreement

shall be held unenforceable by any court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

v. The headings utilized in this Agreement are for convenience only and are not to be construed in any

way as additions to or limitations of the covenants and agreements contained in this Agreement.

vi. Each of the parties hereto shall do and execute or cause to be done or executed all such further and other things, acts, deeds, documents and assurances as may be necessary or reasonably required to carry out the intent and purpose of this Agreement fully and effectively.

vii. The Agent acknowledges that he/she has had sufficient time to review this Agreement and has

been given an opportunity to obtain independent legal advice prior to the execution and delivery of this Agreement. In the event the Agent did not seek independent legal advice prior to signing this Agreement, he/she did so voluntarily without any undue pressure and agrees that the failure to obtain independent legal advice shall not be used as a defence to the enforcement of obligations created by this Agreement.

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21. Contact Information Agent: Given Name _________________________________ Family Name ___________________________________ Business Address ____________________________________________________________________________ Telephone Number ___________________________ E-mail ________________________________________ RCIC:

Given Name _________________________________ Family Name ___________________________________

Business Address ____________________________________________________________________________

Telephone Number ___________________________ E-mail ________________________________________

22. Notices All Notices, requests, demands or other communications (collectively, “Notices”) which by the terms hereof are required or permitted to be given by one party to the other party, or to any other person shall be given in writing by personal delivery or by registered mail, postage prepaid or by facsimile or other means of recorded electronic transmission or communication to such other party as set forth in Section 20 hereof or at such other address as may be given by such person to the other party hereto in writing from time to time. All such Notices shall be deemed to have been received when delivered or transmitted, or if mailed, 48 hours following the date of mailing. IN WITNESS WHEREOF this Agreement has been duly executed by the parties hereto on the date first above

written.

_______________________________________ _________________________________________ Signature of Agent Signature of RCIC NOTE: The text appearing in italics above are suggested components, while the regular font items are mandatory components for all RCICs according to the Agents Regulation.

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Agent Agreement Mandatory Components

Component Agents Regulation Agent Agreement

Template

1 Identifies Agent s.5.1.a

2 Agent’s responsibilities and commitments s.5.1.c

3 Agent’s responsibility for forwarding client

records/client property upon receipt or creation

s.9.1

4 Method by which Agent will deliver client records

and/or client property to RCIC

s.9.2

5 Compensation (how and when) s.8.1.a

6 Method of payment s.8.1.b

7 Expenses s.10.1

8 Conflict of interest s.13.1

9 Confidentiality s.12.1

10 Dated and signed by both parties s.5.2

11 RCIC as member of ICCRC s.14.1.a

12 Dispute resolution process s.14.1.b

13 Contact information of ICCRC s.14.1.c

Instructions: Identify in the Agent Agreement template or in your own Agent Agreement where the

mandatory components (as per the Agents Regulation) are located.

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14 Duration of appointment (Term) s.5.1.g

15 Name, address, telephone number of RCIC and

Agent

s.5.1.a-b

16 Promotion and advertising s.11.1

17 RCIC’s expectations of an Agent s.5.1.e

18 RCIC’s responsibilities s.5.1.f

19 Services an Agent cannot provide s.5.1.d

20 Termination (when) s.15.2

21 Termination (what happens) s.15.3

22 Financial implications of termination s.15.4

23 Agent returns client records/client property to

RCIC upon termination

s.15.5

24 Planned or Unplanned Absence s.4.7

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Training checklist for Agents

Training Checklist

Code*/Regulation (√) Done

1 Handling client fees and deposits Client Account Regulation (s.4.1)

2 Maintaining client records/client property Client File Management Regulation (s. 4.2, s.4.4)

3 Protecting client property Client File Management Regulation (s.6.1, s.6.2)

4 Discussing the requirements of a retainer agreement Retainer Agreement Regulation (s.4.2)

5 Maintaining confidentiality Code (A.8)

6 Promoting and advertising RCIC’s business Code (A.12.1.1, A.2.2.9. iii, A.2.2.9.v-vii)

7 Maintaining quality of service Code (A.6)

8 Addressing conflicts of interest Agents Regulation (s.13.1)

9 Explaining the role of the RCIC and the role of the Agent to a client

Agents Regulation (s.5.1.c, s.5.1.f)

10 Resolving disputes and filing complaints Agents Regulation (s.14.1)

11 Discussing how the Agent should conduct him/herself with a client

Code (A.3)

12 Discussing what “Immigration advice for a fee” means and who can provide advice

Bill C-35

13 Other

14 Other

*Code = Code of Professional Ethics

Instructions: Review the checklist for training Agents. What other training strategies would you suggest?

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Supervising an Agent

Strategies Usefulness

Soliciting feedback from clients who have been referred by the Agent

Providing the Agent with relevant business checklists, for example steps to take when meeting a potential client

Conducting regular visits to the Agent’s place of work

Insisting that the Agent provide you with monthly/quarterly reports on his/her activities

Rewarding the Agent – ensuring that the Agent has the right incentives

Breaching the Agent Agreement – ensuring that there are consequences should the Agent fail to comply with the terms of the Agent Agreement

Educating, guiding and working closely with the Agent

Providing training materials

Communicating regularly

Setting clear work expectations

Other

Other

Other

Other

Other

Instructions: Review the list of strategies to supervise an Agent and add other strategies you have used in

your practice or of which you are aware. Rank the strategies in order of usefulness (where 1 is most useful, 2

is the next most useful, etc.).

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Module 3: Application of Concepts

Case study

Hilary has worked with an Agent for the past 5 years. Recently, Hilary was contacted by an individual who claimed that Hilary’s Agent provided him with incorrect immigration advice. Furthermore, while the Agent did not charge a set fee for this advice, he told the individual he would accept an appropriate donation for his time. Additionally, another client reported to Hilary that the Agent suggested applications submitted by

Hilary are more likely to be successful because she was formerly employed by the Canadian

Government.

1. What are the problems in this case?

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

2. Why have these problems occurred?

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

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3. How might Hilary address the current problems?

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

4. What strategies might Hilary use to prevent these problems in the future?

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________