agent agreement information

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
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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
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