Multiple Choice Questions from number 2 to number 21

Course: Canadian Immigration Law

Question 2

Under the Code of Professional Conduct, the duty to fulfil one's professional obligations competently has several components. As part of the duty of competence, an RCIC must:

Question 2 options:

have relevant experience on matters they are advising clients about.

use the latest software programs on the market.

provide services in the language of the client.

do the work without charge if they are not fully competent when commencing a file.

Question 3

Under the Code of Professional Conduct, RCICs have many reporting obligations to the College. For example, RCICs must report the wrongdoing of fellow licensees when they have reasonable grounds to believe the conduct comes under the list of reportable conduct in the Code. An example of conduct an RCIC is obliged to report includes the situation where they have reliable information that their colleague:

Question 3 options:

has abandoned their practice, which the RCIC was told by another colleague who reported it.

has a Service Agreement that does not appear adequate.

used a client's trust funds for personal use, but the client does not wish to report.

is operating an illegal scheme to create false job offers for sale abroad.

Question 4

Your immigration practice in Vaughan, Ontario largely serves the Mexican community with help from your assistant Miriam. Your friend Estelle Navarro is very active in the Mexican community, especially in helping immigrants from Mexico bring their relatives to Canada. At a wedding reception, Estelle runs into your assistant Miriam. Estelle is thrilled to learn from Miriam that Estelle's cousin Freda has set up a consultation with you for next week. Estelle calls you the next day and offers to help in any way she can with Freda's case. What is your assessment of this?

Question 4 options:

This was a breach of confidentiality for which your assistant can be subject to discipline by the College.

This was not a breach of confidentiality because Freda is not yet a client.

This is a breach of confidentiality for which you are accountable.

This is not an ethical problem as long as you yourself do not discuss it with Estelle.

Question 5

Regulated Canadian Immigration Consultants are allowed to charge the public for immigration advice. Other groups permitted to charge the public for immigration advice are:

Question 5 options:

a notary public in any Canadian province.

employment recruitment companies.

Canadian lawyers and visa application centres abroad.

travel agents.

Question 6

You work for "Global Reach Immigration", a firm made up of five RCICs based in Montreal. One day your client Anna emailed with a quick question she wanted your advice on. It was urgent because she was travelling abroad the next day. However, you are off sick at this time, and your assistant Renata must deal with the email. Another RCIC, Mahmud, is in the office that day. He is not named in your Service Agreement as a person assisting on the file. Can Renata pass on Anna's request to Mahmud for him to deal with it?

Question 6 options:

Yes, because confidentiality does not apply in cases of urgency.

No, because Anna would need to give express permission.

No, because Mahmud is not named in the Service Agreement.

Yes, because there is implied authorization to share file information with other colleagues in the firm.

Question 7

Soraya, a potential client, has requested a consultation with you. She has just received a procedural fairness (PF) letter on her case where she is sponsoring her husband. She must reply in 30 days. Soraya is self-represented but has now encountered a difficulty. The PF letter alleges her husband may be inadmissible for misrepresentation. In his forms he stated he was never refused a visa to any country. IRCC alleges he was refused a visitor visa to the USA in 2015. If true, this will constitute misrepresentation. You have never done a misrepresentation case. The best course of action is to:

Question 7 options:

Book the consultation knowing you can involve a colleague after the consultation.

Book the consultation for next week and arrange to meet with a colleague before then to get help with the law.

Book the consultation to obtain further details and make the decision then.

Decline to provide a consultation, but make a referral if Soraya wishes.

Question 8

There are several mandatory requirements that must be included in every service agreement between the RCIC and the client. These mandatory items include:

Question 8 options:

The scope of services to be provided and the registration number of the RCIC.

The client's promise to release the RCIC from responsibility if the case does not succeed.

Estimated time frame for delivery of the services and permission to promote the case on social media, if successful.

The names of those assisting on the file, and the client's Facebook account, if any.

Question 9

Haining Wu is a student in the GDipICL Program at Queen's University hoping to become licensed as an immigration consultant in the future. She is studying the Code of Professional Conduct regarding requirements to maintain client confidentiality under section 28 of the Code. Haining tells the class she has seen various ads and videos on Tik Tok and other Chinese social media where RCICs are talking about their successful cases. For example, one RCIC posted a video about a difficult study permit he was able to obtain for a client. He included several facts such as the client's name, age, education, country, etc. Haining asked her classmates if this would be a breach of confidentiality. The most correct response would be:

Question 9 options:

It is not a breach of confidentiality if the RCIC obtained either written or verbal consent from the client.

It is not a breach of confidentiality as long as the information is fully accurate.

It is not a breach of confidentiality where the case was successful.

Because a client cannot consent to have their information made public on social media, it would always be a breach of confidentiality.

Question 10

Maryam represents Vijay and his spouse Leesa on their spousal sponsorship application. Each spouse has signed Maryam's service agreement. During the process of preparing the file, Vijay disclosed to Maryam privately that he had just been diagnosed with liver cancer but does not want Leesa to know this yet - he might tell her later, when he is ready. He has not decided yet. This situation requires Maryam to:

Question 10 options:

Withdraw as their representative due to the conflict of interest.

Inform Vijay that he must tell Leesa or else she will be required to do so.

Inform Leesa herself without Vijay's knowledge.

Keep Vijay's information confidential.

Question 11

Jocelyn practices Family Class immigration. She has taken on a file representing two parents who will apply for permanent residence in the Parent Sponsorship category. They are being sponsored by their daughter, Rosalie, who is a Canadian citizen. Rosalie is paying for the application. Jocelyn enters into a service agreement with three parties, namely Rosalie and each parent. Her service agreement should expressly state:

Question 11 options:

Any information provided by one client can be shared with the others.

She will respect the confidentiality of each client and not share any private information with the others.

Should any dispute arise between the parties, she will recommend a professional mediator.

Her professional duties extend primarily to Rosalie because Rosalie is paying for the file.

Question 12

Sarah is a sole practitioner. She has just received a request for more information on Emmanuel's H&C application which has been in process for 16 months. The officer has given them 30 days to reply. Unfortunately, Sarah has a long-planned trip to Ukraine coming up to attend her sister's wedding and she will be leaving in 3 days. She will be travelling for a month and return to work the day after the deadline. There is no time to compile all the information requested by the officer and submit it before leaving. The most practical and ethical course of action for Sarah is to:

Question 12 options:

Inform the client, seek instructions to request an extension of time immediately, then make the extension request.

Send IRCC a request for an extension immediately; there is no time to get the client's consent.

Ask a colleague in another firm if they could step in and handle the update for her.

Wait until she gets back and submit it within a week after the deadline with an explanation for why it was late.

Question 13

Sahani recently obtained her licence from the College and is in the process of setting up her own business. She is preparing templates for the documents she will need. One of these is a brief one-page agreement for Initial Consultations. She will prepare it on her letterhead with all her contact information and add her registration number and a statement about the College's role. Sahani's template will leave fields for the name and contact information of the potential client. There will be a signature line at the bottom with the date for Sahani and the client to sign. She plans to charge $250 for an Initial Consultation. In addition to the above, her Consultation Agreement will say: "The RCIC agrees to provide an initial consultation to the client for immigration advice for a fee of $250". Will her template satisfy the Code requirements?

Question 13 options:

No, because she needs a full-service agreement before providing any services.

No, because it does not adequately describe the service to be provided.

Yes, because it includes all the information needed.

No, because initial consultations should be provided free of charge.

Question 14

Under the bylaws of the College of Immigration and Citizenship Consultants, there are five classes of licence the College may issue as set out in section 10.1 of the bylaws. The class of licence which permits College licensees to advise the public on all matters under IRPA and the Citizenship Act, but not conduct hearings before the Immigration and Refugee Board is the:

Question 14 options:

Class L5 - RISIA - Unrestricted Practice

Class L2 - RCIC - Restricted Practice licence

Class L3 - RCIC-IRB - Unrestricted Practice licence

none of the above

Question 15

When an immigration consultant advises someone incorrectly, and the person relies on that advice to their detriment, there can be serious consequences for the RCIC as well as the client. Justyna advised her client Kuldeep that he could obtain his work permit at the border. But Kuldeep was out of status and not eligible for a work permit at the border. Instead, the border services officer issued Kuldeep an Exclusion Order banning him from Canada for one year since he was out of status. Kuldeep sought advice from a lawyer about whether he could sue Justyna in civil court for compensation to recover his losses and obtain damages. The answer is:

Question 15 options:

No, his only remedy is a complaint to the College of Immigration and Citizenship Consultants.

No, his only remedy is to commence a Judicial Review to overturn the Exclusion Order.

Yes, provided Justyna agreed to this in the service agreement.

Yes, that is what RCICs have Errors and Omissions insurance for.

Question 16

An RCIC's scope of practice is:

Question 16 options:

determined by the RCIC and usually evolves with experience.

determined by the RCIC, but subject to approval of the College.

established by the College when issuing the RCIC's licence.

determined by the RCIC upon starting to practice and does not change.

Question 17

There are many acronyms used in the field of immigration. A good example is the acronym "IRPA" which those working in this field recognize as the Immigration and Refugee Protection Act. Similarly, many agencies working in the immigration and refugee sector are also known by their acronyms. An immigration consultant must know these acronyms and use them correctly to communicate with others in the field. Which of these acronyms stand for agencies that currently have a direct role in the regulation of immigration consultants?

Question 17 options:

ICCRC and IRCC

CSIC and ICCRC

IRCC and CICC

CBSA and IRB

Question 18

The Code of Professional Conduct requires RCICs to keep clients informed about the status of their file. This obligation means that an RCIC must:

Question 18 options:

contact the client, preferably by phone, when a letter is received from the government on their file.

inform the client in writing once they have submitted the client's application.

notify the client by email within 30 days that correspondence was received.

if correspondence is received, decide whether to inform the client.

Question 19

Many sections of the Code of Professional Conduct impose obligations on RCICs regarding communication with their clients. If a client proposes a course of action that is aimed to deceive Canada Immigration on a matter affecting their application, the RCIC should:

Question 19 options:

contact the College for advice.

inform the client that the proposed action is improper, and withdraw if the client persists in the request.

inform the client that the proposed action is improper, but proceed to carry out the client's instructions if they insist.

contact a colleague for advice.

Question 20

Professional immigration consultants are obliged to deliver "quality services" to clients as described in section 22 of the Code of Professional Conduct. Delivering quality services requires:

Question 20 options:

avoiding conflicts of interest and being available to clients 24 hours a day.

keeping clients informed and ensuring any marketing is truthful.

meeting deadlines and demonstrating cultural sensitivity.

reporting serious mistakes to the College.

Question 21

All regulated professions including lawyers and doctors have a code of ethics which members of the profession must follow to meet their professional obligations. The current Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees was established by:

Question 21 options:

the Department of Immigration, Refugees and Citizenship Canada.

the Immigration Consultants of Canada Regulatory Council.

the Board of Directors of the College of Immigration and Citizenship Consultants.

the Immigration Minister.