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Obligation of confidentiality Obligation de confidentialit 28 (1) A licensee must keep confidential all information in relation to a client or former client, or a

Obligation of confidentiality Obligation de confidentialit 28 (1) A licensee must keep confidential all information in relation to a client or former client, or a client's or former client's business affairs, that was acquired in the course of their professional relationship with that client 28 (1) Le titulaire de permis est tenu, d'une part, de traiter comme confidentiels les renseignements affrents aux clients anciens et actuels ainsi qu' leurs activits commerciales obtenus dans le cadre de la prestation de services et, d'autre part, de prendre les mesures Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees Code de dontologie des titulaires de permis du Collge des consultants en immigration et en citoyennet Relationship to Clients Relation avec les clients Section 28 Article 28 Current to February 20, 2024 16 jour au 20 fvrier 2024 and take the measures that are necessary to maintain the confidentiality of that information indefinitely. ncessaires afin de maintenir leur confidentialit indfiniment. Disclosure of confidential information Communication de renseignements confidentiels (2) A licensee must not disclose any information referred to in subsection (1), or allow such information to be disclosed, unless the disclosure is (a) authorized by the client; (b) required or authorized by law; (c) required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with rules of court relating to the production of records; (d) required by the College in the exercise of its powers under the Act; (e) made to a person who is assisting the licensee in the provision of immigration or citizenship consulting services to the client; (f) necessary to collect an outstanding account; or (g) required in the context of judicial or administrative proceedings to defend the licensee or a person who is assisting the licensee in the provision of immigration or citizenship consulting services against allegations that the licensee or the person has (i) committed an offence involving a client's affairs, (ii) committed a violation involving a client's affairs in respect of which administrative penalties and consequences may be imposed, (iii) engaged their civil liability for an act or omission in relation to a client's affairs, or (iv) engaged in conduct that is subject to investigation by the College or a law society of a province or the Chambre des notaires du Qubec

QUALITY OF SERVICE: JOINT CLIENTS

Daniel and his wife Juanita consulted with Fathima to represent them on a spousal sponsorship application to obtain permanent residence for Juanita.

At their first meeting, Fathima explained the forms, documents, and fees required, and what processes to expect. The couple decides to proceed. They both signed the service agreement with Fathima and made the down payment. Fathima will represent Daniel (the Sponsor) and Juanita (the Applicant) on the application. They booked another appointment for next week to get started.

The following week, Juanita attends the meeting alone, explaining that she and Daniel argued the night before and Daniel has now gone to his parents' house to cool off. Fathima asks if Juanita is okay. She is, but says she is having doubts about whether she should have gone through with the marriage. Fathima obtains some details from her for the forms.

A few days later, Juanita calls Fathima in the evening. She is upset and complains that everything turns into an argument with Daniel, "money, chores, meals, you name it". She does not know what to do anymore. Fathima empathizes with Juanita. By the end of the call, Juanita assures Fathima that everything will probably be okay and apologizes for bothering her at home. The next day she drops off the documents requested.

Fathima continues to work on the forms. When finished, she calls both spouses in to review and sign the forms. Both parties indicate they went through a rough patch, but everything is fine now. They approve the package. Fathima submits the sponsorship application to IRCC, confirms for the clients the date of submission and provides them a complete copy.

Three weeks later Juanita calls Fathima to tell her she is ending it with Daniel. The last argument escalated and he slapped her. She has now left him and has no intention of returning. She does not want to proceed with the sponsorship and asks Fathima to discontinue it. However, she wonders if Fathima can help her apply for PR in another category. She heard of the humanitarian & compassionate category which might work for an abused woman. Fathima says she will have to think about that.

please Explain how section 28 (Confidentiality) applies to Fathima's relationship with Juanita and Daniel.

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