Part 1 : Introduction

  • The Rules of Professional Conduct (the “Rules”) establish the expected standard of professional conduct and competence for Global Immigration Specialist. The Rules also provide guidance to the profession, with the goal of protecting the public from unprofessional, improper or incompetent practice.
  • A breach of the Rules may result in a Global Immigration Specialistbeing disciplined. The Rules cannot address every situation of professional or ethical misconduct. Global Immigration Specialist shall endeavour to follow the spirit of these rules at all times.
  • A person who wishes to practice as a Global Immigration Specialist must be a member of the Global Society of Immigration Specialists (GSIS).
  • The Global Society of Immigration Specialists (GSIS) is responsible for administering the Rules.
  • It is the duty of any person to whom the Rules applies to comply with its provisions.

Part 2 : Definitions

“Agent” means a person who:

  • Represents a Global Immigration Specialist with respect to Clients.
  • Solicits Clients on behalf of a Global Immigration Specialist.
  • Liaises with a Client with the intent to provide information to assist the Global Immigration Specialist in representing, advising or consulting with a Client.

Commentary:
An Agent is not a Global Immigration Specialist and may not represent, advise, or consult with a Client. Any person, either domestic or foreign, assisting Global Immigration Specialists with obtaining Clients or information regarding Clients, will be deemed to be an Agent.

“Global Society of Immigration Specialists”
Means the corporation mandated to establish standards and regulate the conduct of Global Immigration Specialists.

“Client”
Means a person on whose behalf a Global Immigration Specialist undertakes to represent, advise, or consult with, in respect of any proceeding or application before a Ministry, Officer or Agency of a Country offering Citizenship or Residency by Investment

“Conduct Unbecoming of a Global Immigration Specialist”
Means conduct in a Global Immigration Specialist’s personal or private capacity that tends to bring discredit upon the profession including, for example:

  • Committing a criminal act that reflects adversely on the Global Immigration Specialist’s honesty, trustworthiness, or fitness as a Global Immigration Specialist.
  • Taking improper advantage of the youth, inexperience, lack of education, lack of sophistication, ill health, or un-business like habits of another.
  • Engaging in conduct involving dishonesty.
  • Failing to abide by a fee dispute resolution either resolved by the Society or a court of competent jurisdiction.

Commentary:

  • Dishonourable or questionable conduct on the part of a Global Immigration Specialist in either private life or professional practice will reflect adversely on the integrity of the profession and the administration of justice. If the conduct, whether within or outside the professional sphere, is such that knowledge of it would be likely to impair the Client’s trust in the Global Immigration Specialist, the Society may be justified in taking disciplinary action.
  • Generally, however, the Society will not be concerned with the purely private or extra-professional activities of a Global Immigration Specialist that do not bring into question the Global Immigration Specialist’s integrity.
  • A Global Immigration Specialist must abide by any fee dispute resolution of either the Society or a court.

“Employee”
Means a person who is in an employee/employer relationship with a Global Immigration Specialist but does not include a Global Immigration Specialist.

Commentary:
An Employee is not a Global Immigration Specialist but assists a Global Immigration Specialist with respect to his or her duties as a Global Immigration Specialist. As such, an Employee may not represent, advise, or consult with a person in respect of a proceeding or application before a Ministry, an Officer, or an Agency of a Country offering Citizenship or Residency by Investment.

  • An Employee may merely facilitate the Global Immigration Specialist in his or her practice.

“Global Immigration Specialist”
Means any person who is a member of the Society who is thereby authorized to represent, advise, or consult with a person in respect of a proceeding or application before a Ministry, Officer or Agency of a Country offering Citizenship or Residency by Investment.

“Minister”
Means the Minister or Ministers responsible for the administration of Immigration Services to a Country.

“Officer”
Means any person or class of person designated as Officers by the Minister to carry out any purpose of any provision of a Ministry, Officer or Agency of a Country offering Citizenship or Residency by Investment.

“Professional Misconduct”
Means conduct in a Global Immigration Specialist’s professional capacity that tends to bring discredit upon the profession including:

  • Violating or attempting to violate one of the rules of a Ministry, Officer or Agency of a Country offering Citizenship or Residency by Investment.
    • Undermining or attempting to undermine the Society’s mandate and /or governing principles.
  • Knowingly assisting or inducing another Global Immigration Specialist to violate or attempt to violate one or more of the Rules of a Ministry, Officer or Agency of a Country offering Citizenship or Residency by Investment or the by-laws of the Society.
    • Knowingly assisting or inducing another Global Immigration Specialist to undermine or attempt to undermine the Society’s mandate and/or governing principles.
  • Knowingly assisting or inducing an Employee or Agent to violate or attempt to violate one or more of the Rules or a requirement of a Ministry, Officer or Agency of a Country offering Citizenship or Residency by Investment.
    • Or the by-laws of the Society.
    • Knowingly assisting or inducing an Employee or Agent to undermine or attempt to undermine the Society’s mandate and/or governing principles.
  • Misappropriating or otherwise dealing dishonestly with a Client’s or a third party’s money or property.
  • Stating or implying an ability to influence improperly a government agency or official.
  • Engaging in conduct that is prejudicial to the administration of justice.

“Society”
Means the Global Society of Immigration Specialists.

Part 3 : Competence and Quality of Service

  • A Global Immigration Specialist owes the Client a duty to be competent to perform any services undertaken on the Client’s behalf.
  • A Global Immigration Specialist should serve the Client in a conscientious, diligent and efficient manner, and should provide a quality of service at least equal to that which Global Immigration Specialists generally would expect of a competent Global Immigration Specialist in a like situation.

Commentary:

  • The quality of a Global Immigration Specialist’s work reflects on the entire profession. While minor errors and omissions do not constitute professional misconduct, a pattern of shoddy work or unprofessional habits may amount to professional misconduct. To avoid claims of professional misconduct, a Global Immigration Specialist should endeavour:
    • to keep the Client reasonably informed.
    • to answer reasonable requests from the Client for information.
    • to not mislead the Clients as to steps to be taken.
    • to do all work in a professional manner without omissions or mistakes.
    • to not withhold information from the Client or mislead the Client about the position of a matter in order to cover up the fact of neglect or mistake,
    • to make a prompt and complete report when the work is finished, or if a final report cannot be made, failure to make an interim report when one might reasonably be expected.
  • A Global Immigration Specialist will accept only assignments for which he or she is qualified and in which it is believed there may be real benefits to the Client. A Global Immigration Specialist will recommend that other professionals be retained whenever their special knowledge and skills may be needed by the Client. In particular, a Global Immigration Specialist has a positive duty to refer a Client to a competent lawyer where the legal issues are complex and require an analysis and interpretation of the applicable law by a lawyer, or where the matter clearly requires representation by a lawyer.
  • A Global Immigration Specialist should not undertake representation of the Client before a Ministry, Officer or Agency of a Country offering Citizenship or Residency by Investment unless the Global Immigration Specialist has the ability and capacity to deal adequately with the matters to be undertaken.
  • A Global Immigration Specialist will act responsibly and with due diligence in the handling of a Client’s case and act within the bounds of the law to obtain the best results possible for the Client in the circumstances.
  • A Global Immigration Specialist may permit an Employee to act only under the supervision of the Global Immigration Specialist. The extent of supervision will depend on the type of matter, including the degree of standardization and repetitiveness of the matter, and the experience of the Employee generally with regard to the matter in question. The burden rests on the Global Immigration Specialist who uses his or her Employee to educate the latter concerning the duties that may be assigned to the Employee and then to supervise the manner in which such duties are carried out. A Global Immigration Specialist should review his or her Employee’s work at sufficiently frequent intervals to enable the Global Immigration Specialist to ensure its proper and timely completion.
  • A Global Immigration Specialist will keep his or her knowledge and skills up-to-date in compliance with Continuing Professional Development requirements established by the Society.
  • A Global Immigration Specialist has a responsibility to adapt to changing professional requirements, standards, techniques, and practices.
  • A Global Immigration Specialist should assume complete professional responsibility for all work entrusted to him or her and should directly supervise Employees to whom particular tasks and functions are delegated.
  • Where Agents are utilized, the Global Immigration Specialist should ensure that all Agents are qualified for the task undertaken. A Global Immigration Specialist shall be responsible for the acts or omissions of his or her Agents. Agents must be made aware in writing of the requirements that the client’s information be retained in confidence as more particularly described in Part 5.

Commentary:

  • If a Global Immigration Specialist utilizes an Agent, the Global Immigration Specialist is responsible for the activities of the Agent. An Agent includes not only someone who assists the Global Immigration Specialist but someone who directs clients to a Global Immigration Specialist or co-markets with a Global Immigration Specialist.
  • Except with the written permission of the Society, a Global Immigration Specialist may not employ or retain in any capacity having to do with the practice of Immigration law a person whose membership or registration has been removed or suspended by the Society or any Designated Professional Body Internationally or share space or be partner or associate with such a person.
  • A Global Immigration Specialist should seek help from colleagues and appropriately qualified professionals for personal problems that adversely affect his or her service to Clients, the Society or the profession.
  • A Global Immigration Specialist should avoid impugning the reputation of colleagues for personal motives; however, subject to the duty of confidentiality, he or she should report to the appropriate authority any unprofessional, illegal or unethical conduct by colleagues or others. Wherever possible, the Global Immigration Specialist should request an explanation from this individual to assist the specialist in determining whether there is any obligation to report this individual’s conduct.
  • A Global Immigration Specialist should not engage in professional misconduct or conduct unbecoming of a Global Immigration Specialist.

Part 4 : Advising Clients

  • When advising Clients, a Global Immigration Specialist must be both honest and candid.
  • When advising a Client, a Global Immigration Specialist must exercise due care and must never knowingly assist in or encourage any dishonesty, provision of misleading information, omission of any required relevant information, fraud, crime or illegal conduct, or instruct the Client on how to violate the law and avoid punishment.
  • When advising a Client who does not speak English or French, nor any other language in which the Global Immigration Specialist is fluent and proficient, it is imperative that the Global Immigration Specialist make every reasonable effort to engage the services of an interpreter when communicating with the Client.
  • A Global Immigration Specialist must advise the Client promptly and fully regarding any error or omission that has occurred in the matter for which a Global Immigration Specialist was retained, that is or may be damaging to the Client and cannot be readily corrected. The duty includes recommending that the Client seek independent advice regarding any rights that may arise out of the error or omission. A Global Immigration Specialist shall further advise the insurer promptly regarding any potential claim arising out of the matter.

Commentary:

  • A Global Immigration Specialist has a duty to give the Client competent advice based on sufficient knowledge of the relevant facts, sufficient appreciation and consideration of the applicable law, operational policies and practices, and a Global Immigration Specialist’s own experience and expertise.
  • A Global Immigration Specialist should avoid overly bold and confident assurances to the Client, especially when the Global Immigration Specialist’s employment may depend on advising in a particular way.
  • A Global Immigration Specialist must be aware of and refer Clients in appropriate circumstances to services or benefits for which the Client may be eligible.
  • A Global Immigration Specialist should be on guard against becoming the tool or dupe of an unscrupulous Client, Agent, or persons associated with a Client or Agent.
  • A Global Immigration Specialist must exercise due diligence to prevent the commission of an offence with respect to any proceeding or application before a Ministry, Officer or Agency of a Country offering Citizenship or Residency by Investment.

Part 5 : Confidentiality

  • A Global Immigration Specialist has a duty to hold in strict confidence all information concerning the personal and business affairs of the Client acquired during the course of the professional relationship, and should not disclose such information unless disclosure is expressly or impliedly authorized by the Client, is required by law, or is otherwise permitted by the Rules.
  • A Global Immigration Specialist shall take all reasonable steps to ensure the privacy and safekeeping of a Client’s confidential information.
  • A Global Immigration Specialist shall not disclose the fact of having been consulted or retained by a person unless the nature of the matter requires such disclosure.
  • Subject to being compelled by law or legal process, a Global Immigration Specialist shall preserve the Client’s confidential information even after the termination of the retainer, whether or not differences have arisen between the Global Immigration Specialist and the Client.
  • A Global Immigration Specialist should ensure that Employees and Agents maintain and preserve the Client’s confidential information.

Commentary:

  • A Global Immigration Specialist owes a duty of confidentiality to every Client whether a casual or continuing Client. This duty survives the professional relationship and continues indefinitely even after the professional relationship has terminated, and regardless of whether there are differences between the Client and Global Immigration Specialist.
  • A Global Immigration Specialist is forbidden from ever using confidential information for his or her own benefit, for the benefit of a third party, or to the disadvantage of the Client.
  • Disclosure of confidential information may be permitted where expressly or impliedly authorized by the Client or where compelled by law or legal process. Disclosure may also be permitted where the fee or conduct of aGlobal Immigration Specialist has been called into question by the Client – but, in such cases, disclosure may only be permitted to the extent necessary to defend against such allegations.
  • A Global Immigration Specialist should avoid indiscreet conversations or gossip and should not repeat gossip or information about a Client’s affairs, even though the Client is not named or otherwise identified.

Part 6 : Conflicts of Interest

  • A Global Immigration Specialist shall not represent parties with potentially conflicting interests in an immigration matter, save after adequate disclosure to and with the consent of the parties, and shall not act or continue to act in a matter when there is or is likely to be a conflict of interest.

Commentary:

  • A conflicting interest is one that would be likely to affect adversely the Global Immigration Specialist’s judgment or advice on behalf of, or loyalty to a Client or prospective Client.
  • Conflicting interests include, but are not limited to, circumstances where the Global Immigration Specialist and his or her Employees or family members have an undisclosed financial interest in a Client’s affairs, including the receipt of undisclosed commissions, referral fees or other real or potential benefits.
  • In the case where the Global Immigration Specialist may receive referral fees or commissions from a financial institution or other company which may enter into an agreement with the Client, the Global Immigration Specialist shall disclose that he or she may receive fees or commissions and should encourage the Client to receive independent legal advice on any contract or agreement the Client may be entering into with said financial institution or company.
  • A conflict also exists where a Global Immigration Specialist acts for more than one Client and must favour the interest of one Client to the material detriment of another.
  • A Global Immigration Specialist who practices in association with, or in partnership with, a lawyer is obligated to abide by the professional standards ascribed to by these rules.
  • This rule requires adequate disclosure to enable the Client to make an informed decision about whether or not to have a Global Immigration Specialist act for him or her despite the existence or possibility of a conflict of interest.
  • Generally speaking, in disciplinary proceedings arising under this rule the Global Immigration Specialist will have the burden of showing good faith and that adequate disclosure was made in the circumstances and that the Client’s consent was obtained.

Part 7 : Preservation of Clients’ Property

  • A Global Immigration Specialist owes a duty to the Client to ensure the safekeeping of the Client’s property in accordance with the law and with the same care of such property as a careful and prudent owner would when dealing with property of like description.

Commentary:

  • With respect to the Client’s money paid on account of services to be rendered, or on account of disbursements, a Global Immigration Specialist should maintain a proper Trust account and adequate records so that at any time the Global Immigration Specialist may promptly account for and if necessary deliver such property to the Client.
  • It is generally improper for a Global Immigration Specialist to withhold from the Client immigration documents or other valuable property held on behalf of the Client as collateral for an unpaid debt.

Part 8 : Global Immigration Specialist as Advocate

  • When representing the Client before the Agency, the Global Immigration Specialist should resolutely, and honourably, within the limits of the law, represent the Client’s interest while treating any members of a Ministry, Officer or Agency of a Country offering Citizenship or Residency by Investment with respect and due courtesy.

Commentary:
A Global Immigration Specialist as advocate must fearlessly raise every issue and advance every argument in advancing the Client’s interests, but must do so fairly and honourably, without illegality, and in a manner consistent with the duty to treat Officials, and other practitioners with candour, fairness, courtesy and respect, and must abide by the procedural rules of the Ministry, Officer or Agency of a Country offering Citizenship or Residency by Investment.

  • The duty to fearlessly raise every issue and advance every argument is limited by the concurrent duty of a Global Immigration Specialist to not abuse any immigration or tribunal process by pursuing manifestly unfounded or spurious applications or claims.

Part 9 : Retainer and Fees

  • It is a mandatory requirement that the Global Immigration Specialist provide the Client with a written retainer agreement or engagement letter that clearly states the matter and scope of services for which the Global Immigration Specialist is retained, fully discloses the fees and disbursements being charged, such fees being fair and reasonable in the circumstances, any other remuneration being received as a consequence of the matter, and payment terms and conditions. The retainer agreement must disclose that the Global Immigration Specialist is a member of the Society and must provide electronic, telephonic and address details as to how the Client may contact the Society.
  • The retainer agreement shall provide a written complaint procedure regarding client fee disputes, the failure to respond to requests for information, and the return of client’s property. The retainer shall provide that the complaint be made in writing to the member, and that the member will address the concerns of the client within a specified time period.

Commentary:

  • Clients must be advised, in writing, of the internal complaint procedure available to them.
  • The retainer agreement must provide the Global Immigration Specialist’s complete contact information, and include all details required for the complaint to be processed, as well as the specified timeframe for the Global Immigration Specialist to respond.
  • The Global Immigration Specialist must keep records of complaints from Clients; and be able to demonstrate to the Society whether a resolution was achieved; how it was resolved; and/or reasons why the matter could not be resolved.
  • A Global Immigration Specialist must not appropriate any money or property of a Client held in trust or otherwise under the Global Immigration Specialist’s control for or on account of fees or disbursements without the express or implied authority of the Client.
  • A Global Immigration Specialist may not hold Client money, for the benefit of a third party except for money to pay the Global Immigration Specialist’s fees, including Agent’s fees, Government fees and disbursements related thereto. For greater clarity, the prohibition on holding Clients’ money applies to money that the Client needs to qualify for any eligibility program.

Commentary:

  • Factors to be considered when determining whether a fee is fair and reasonable in the circumstances include: the nature of the services to be performed; the time required; the Global Immigration Specialist’s experience, ability and the degree of responsibility assumed; and the benefits that accrue to the Client.
  • The Global Immigration Specialist must not receive hidden fees or commissions or other remuneration arising out of his or her representation of the Client unless possible receipt of the same has been disclosed in the retainer agreement or engagement letter.
  • Contingent fees can be appropriate, where the terms are fully disclosed in writing and understood by the Client.
  • A Global Immigration Specialist is not to hold money for a Client, aside from fees necessary to process the Client’s application or filing fees for a proceeding. In particular, aGlobal Immigration Specialist must not take possession of money that the Clients are required to expend for any qualifying program.
  • A Global Immigration Specialist must issue receipts, proper statements of account and retain proper records for the safeguarding of, and timely reporting to the Client with respect topayments received or funds held in trust.
  • Breaches of this rule and misunderstandings about fees and financial matters bring the profession into disrepute. The Global Immigration Specialist must try to avoid such conflicts and must be prepared to explain the basis of charges, especially if the Client is unsophisticated or uninformed about the proper basis and measurement for fees. Furthermore, the Global Immigration Specialist is under a positive duty and should either in the retainer agreement or engagement letter, or upon an issue with respect to fees arising, must advise the Client in writing that a procedure exists for reviewing the account on behalf of the Client by the Society.

Part 10 : Withdrawal from Representation

  • Obligatory withdrawal – A Global Immigration Specialist shall sever the specialist-client relationship or withdraw as representative if:
    • discharged by the Client.
    • instructed by the Client to do something illegal or in contravention to any Rules of he Society.
    • the Global Immigration Specialist’s continued involvement will place the Global Immigration Specialist in a conflict of interest; or
    • the Global Immigration Specialist is not competent to handle the matter.
  • Optional withdrawal – A Global Immigration Specialist may, but is not required, to sever the specialist-client relationship or withdraw as representative if there has been a serious loss of confidence between the Global Immigration Specialist and Client, such as where:
    • the Client has deceived the Global Immigration Specialist.
    • the Client has refused to give adequate instructions to the Global Immigration Specialist.
    • the Client has refused to accept and act upon the Global Immigration Specialist’s advice on a significant point.
  • Residual right to withdraw – In situations not covered by rules 10.1 and 10.2, a Global Immigration Specialist may sever the specialist-client relationship or withdraw as representative only if the severance or withdrawal:
    • will not be unfair to the Client.
    • is not done for an improper purpose.

Commentary:

  • Unfairness to the Client will depend on the circumstances of each case, but will normally include consideration of whether the severance or withdrawal will:
    • occur at a stage in the proceedings where the Client will have to retain another Global Immigration Specialist to do the same work, or part of it, again.
    • leave the Client with insufficient time to retain another Global Immigration Specialist.
    • give the newly retained Global Immigration Specialist insufficient time to prepare to represent the Client.
  • Improper purpose will depend on the circumstances of each case, but will include severance or withdrawal in order to:
    • delay any proceeding or application before a Ministry, Officer or Agency of a Country offering Citizenship or Residency by Investment.
    • assist the Client in effecting an improper purpose.
  • Withdrawal for non-payment of fee – Where, after reasonable notice, the Client fails to provide funds on account of disbursements or fees, a Global Immigration Specialist may withdraw unless serious prejudice to the Client would result.
  • Manner of withdrawal – When a Global Immigration Specialist withdraws; the Global Immigration Specialist should try to minimize expense and avoid prejudice to the Client and should do all that can reasonably be done to facilitate the orderly transfer of the matter to the successor Global Immigration Specialist. Upon discharge or withdrawal, a Global Immigration Specialist should:
    • Deliver to or to the order of the Client all papers and property to which the Client is entitled.
    • Give the Client all information that may be required in connection with the case or matter.
    • Account for all funds of the Client then held or previously dealt with, including the refunding of any remuneration not earned during the representation.
    • Promptly render an account for outstanding fees and disbursements.
    • Co-operate with the successor Global Immigration Specialistso as to minimize expense and avoid prejudice to the Client.
    • Notify in writing to any Ministry. Office or Agency where the Global Immigration Specialist’s name appears as representative for the Client that the Global Immigration Specialist has withdrawn.
  • Duty of successor Global Immigration Specialist – Before agreeing to represent a Client, a successor Global Immigration Specialist should be satisfied that the former Global Immigration Specialist has withdrawn, or has been discharged by the Client.

Part 11 : Advertising, Solicitation and Making Services Available

  • A Global Immigration Specialist should make professional services available to the public in an efficient and convenient manner that will command respect and instill confidence, and by means that are compatible with the integrity, independence and effectiveness of the profession.
  • A Global Immigration Specialist or his or her Agent shall not engage in false or misleading advertising or representations. In particular, aGlobal Immigration Specialist or his or her Agent shall not misrepresent or mislead a Client as to his or her qualifications, services, fees, available programs or benefits. In addition, a Global Immigration Specialist or his or her Agent shall not provide false or unrealistic expectations as to either results or processing times. Under no circumstances shall a Global Immigration Specialist or his or her Agent purport to have special access or influence with respect to any Minister, Officer, or Agency of a Country offering Citizenship or Residency by Investment.
  • In all instances, advertising should be in good taste and is not such as to bring the profession or the Society into disrepute.

Commentary:

  • Example of “purported special access or influence” includes but is not limited to; pictures with or letters received from employees or officials of the respective Government of destination.
  • Use of the term “guarantee” when describing services or fees is inappropriate, and must be avoided. Wording such as “refund policy” or reference to contingent fee arrangements, if factual and supported in writing in a retainer agreement or engagement letter, may be appropriate.
  • A Global Immigration Specialist has a positive duty to promote the Society and Rules, and to prevent unregulated practice, and is encouraged where appropriate to educate the public at large regarding the Society and the regulatory system and safeguards with respect to Global Immigration Specialists.
  • Former government officials currently acting as Global Immigration Specialists must take special care to ensure representations regarding their qualifications and past employment are strictly factual, and must not promote the notion that they may have special access or influence since any suggestion of special access or influence regarding the immigration process brings the integrity of the immigration process into disrepute. Furthermore, former immigration officials must abide by and ensure they are in compliance with the Government’s own post-employment rules.
  • A Global Immigration Specialist shall clearly distinguish his or her own credentials from those of a lawyer licensed to practise law in any province/territory/country, and shall not refer to any foreign credential or in any other way make representations that may reasonably lead to a misapprehension that the Global Immigration Specialist is a lawyer, provides legal services or has credentials as a lawyer when that is not the case. Unless that person is, in fact, a lawyer in good standing of that specific jurisdiction.

Part 12 : Outside Interests

  • A Global Immigration Specialist who engages in another profession, business, or occupation concurrently while acting as a Global Immigration Specialist shall not allow such outside interest to jeopardize his or her professional integrity, independence and competence.

Commentary:

  • The term “outside interest” covers the widest range of activities such as, but not limited to: real estate agent; mortgage broker; financial advisor; tax specialist; and accountant. Where the outside interest is not related to the services provided as a Global Immigration Specialist, then there will likely be no issue of concern. However, there will be a concern if the outside interest compromises the Global Immigration Specialist’s competency, either because a conflict with a Client’s interest or because too much time is spent on the “outside interest” resulting in a lack of attention to or preparation in a particular matter or in the failure to maintain professional standards.

Part 13 : Non-discrimination

  • No Client or anyone else with whom a Global Immigration Specialist interacts shall be discriminated against on such grounds as age, gender, sexual orientation, same-sex partnership status, marital status, family status, national or ethnic origin, ancestry, race, colour, religion, creed, citizenship, physical or mental disability, political affiliation, or socio-economic status. This does not abrogate the Global Immigration Specialist’s right to refuse to accept a Client for legitimate reasons.
  • A Global Immigration Specialists shall respect the dignity and integrity of all individuals and ensure fair and equitable treatment in all aspects of the provision of immigration services.

Part 14 : Errors and Omissions

  • Every Global Immigration Specialist shall maintain errors and omissions insurance in an amount as to be prescribed by the Society from time to time.
  • A Global Immigration Specialist must advise the Client promptly and fully regarding any error or omission that has occurred in the matter for which a Global Immigration Specialist was retained, that is or may be damaging to the Client and cannot be readily corrected. The duty includes recommending that the Client seek independent advice regarding any rights that may arise out of the error or omission. A Global Immigration Specialist shall further advise his or her insurer promptly regarding any potential claim arising out of the matter.

Commentary:

  • It is the responsibility of a Global Immigration Specialist to maintain the requisite minimum amount of errors and omissions insurance coverage. The Society does not establish the maximum insurance required by a Global Immigration Specialist. If a Global Immigration Specialist reasonably believes that more insurance coverage is needed, it is the obligation of that Global Immigration Specialist to obtain the necessary insurance.

Part 15 : Disciplinary Authority

  • A Global Immigration Specialist is subject to the disciplinary authority of the Society regardless of where the person’s conduct occurs or where the person resides.
  • The Society may discipline a Global Immigration Specialist for Professional Misconduct.
  • The Society may discipline a Global Immigration Specialist for Conduct Unbecoming of a Global Immigration Specialist.
  • A Global Immigration Specialist subject to discipline, may also be required to pay all or a portion of the costs associated with the investigation and hearing of the discipline proceeding.

Part 16 : Responsibility to the Society and Others

  • A Global Immigration Specialist shall immediately notify the Society and clients of any changes in contact information, including but not limited to home and business address, telephone, facsimile and electronic address.
  • A Global Immigration Specialist shall reply promptly to any communication from the Society.
  • A Global Immigration Specialist shall not in the course of a professional practice send correspondence or otherwise communicate with a complainant, another Global Immigration Specialist, or any other person in a manner that is abusive, offensive or otherwise inconsistent with the proper tone of a professional communication from a Global Immigration Specialist.
  • The Global Immigration Specialist shall not communicate with a complainant on a matter if the complainant has so requested.
  • A Global Immigration Specialist shall act toward the Society with respect and dignity.
  • A Global Immigration Specialist shall not bring discredit upon the Society by acting in such a way as to undermine or threaten to undermine the Society’s mandate and/or governing principles.
  • A Global Immigration Specialist shall not engage in electronic harassment by continuing to send unsolicited email messages of an abusive, offensive, intrusive, unprofessional or unwanted nature to another Global Immigration Specialist or a member of the public where the recipient has expressly requested that the sender remove him/her from the sender’s list.

Commentary:

  • Electronic harassment is the act of harassing an internet user or group of users by sending the user or group of users unsolicited email messages of an abusive, offensive, intrusive, unprofessional or unwanted nature.
  • This form of harassment may also occur through the use of spam. Email spam targets individual users with direct mail messages from address lists that are created by appropriating or stealing internet mailing lists or by searching web pages, list serves and forums for addresses.
  • A message becomes harassment when the recipient has asked the sender to cease contact and the sender refuses or fails to honour the request of the recipient not to receive the electronic mail and/or messaging in the future.