AGENT AGREEMENT INFORMATION Version: 2017-001 Last Modified: April 6, 2017 Who is required to submit an agent agreement? You are required to submit a copy of a signed Agent Agreement if you: 1) completed the Agents course, 2) are requested by ICCRC to submit the Compliance Audit Full Submission, and 3) have an agent registered with ICCRC. You are not required to submit a copy of a signed Agent Agreement if you: 1) completed the Agents course and 2) are requested by ICCRC to submit the Compliance Audit Full Submission, but 3) do not have an agent registered with ICCRC. What must be submitted? The signed Agent Agreement must comply with the Agents Regulation and contain the mandatory components, as detailed in the chart below and on pages 15-16 of the Agents Workbook. ICCRC has provided an Agent Agreement Template online and on pages 8-14 of the Agents Workbook for your use and consideration. If used, the template must be customized (e.g., italics and ICCRC instructions removed, your contact details added, etc.) and completed with the actual terms and conditions of the business arrangement between you and the agent. Do not submit the Agent Agreement template as is. If you have more than one agent, you only need to submit one (1) Agent Agreement in order to demonstrate compliance with the Agents Regulation. Mandatory components for agent agreement The following chart identifies the mandatory components of an Agent Agreement: Component Agents Regulation 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 ©2017 IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL CONSEIL DE RÉGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA s.9.1 Page 1 of 3 AGENT AGREEMENT INFORMATION 2017-001 Component Agents Regulation 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 Date and signature of 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 14 Duration of appointment (Term) s.5.1.g 15 Name, address, telephone number of RCIC and agent 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 s.5.1.a-b Common issues with compliance audit submissions The following issues were identified when reviewing compliance audit submissions. The identified issues are listed in the left column of the chart below and the corresponding correct approaches are listed in the right column in the chart below. ©2017 IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL CONSEIL DE RÉGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA Page 2 of 3 AGENT AGREEMENT INFORMATION 2017-001 Common issue Correct approach • RCIC completed the Agents course and has an agent registered with ICCRC, but has not worked with the agent recently and doesn’t submit an Agent Agreement. • If you completed the Agents course, have been requested by ICCRC to submit the Compliance Audit Full Submission, and have an agent registered with ICCRC, submit a copy of a signed Agent Agreement that complies with the Agents Regulation. If you no longer wish to work with the agent and decide to terminate the Agent Agreement, or if the agent resigns, according to Section 4.3 of the Agents Regulation, you are required to notify ICCRC promptly and in no event later than fifteen (15) calendar days after the date the agent resigned or was terminated. • The Agent Agreement template was used in the creation of the submitted Agent Agreement, but it was not customized (e.g., italics and ICCRC instructions have not been removed, RCIC’s contact details have not been added, etc.) by the RCIC. • Customize the Agent Agreement prior to use with the agent and prior to submission to ICCRC. Do not submit the Agent Agreement template as is. • Expenses are not clearly identified on the Agent Agreement. • In order to demonstrate compliance with Section 10.1 of the Agents Regulation, specify who will cover expenses incurred by either party. • The conflict of interest process is not detailed on the Agent Agreement. • In order to demonstrate compliance with Section 13.1 of the Agents Regulation, clearly identify what action(s) will be taken in the event you identify a conflict of interest relating to the agent. • The services an agent cannot provide are not listed on the Agent Agreement. • In order to demonstrate compliance with Section 5.1.d of the Agents Regulation, clearly identify what services the agent cannot provide to a client. • The dated signatures of the RCIC and agent are not included on the Agent Agreement. • In order to demonstrate compliance with Section 5.2 of the Agents Regulation, submit an Agent Agreement that is dated and signed by yourself and the agent. ©2017 IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL CONSEIL DE RÉGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA Page 3 of 3
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