DISCIPLINE COMMITTEE OF THE IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL
Panel:
Rakesh Mehta, Member, Chairperson
Mila Aberten, Member
Louis-René Gagnon, Public Representative
Between:
Immigration Consultants of Canada Regulatory Council
And
Ross Morrison (Applicant) for
Immigration Consultants of Canada
Regulatory Council
[THE MEMBER], Registration No. [ ]
ICCRC File No. CD.2014.334
Andrew Roman for the Panel
of the Discipline Committee
Date of Hearing:
July 20, 2016
Date of the Reasons for the Decision: July 25, 2016
_______________________________________________________
Reasons for Decision
Introduction
The complaint was heard by conference call of a panel of the Discipline Committee of the three
members listed above, on July 20, 2016. The panel reviewed and discussed the written submissions of
the parties provided to the panel before the hearing.
Also attending the conference call was Complaints and Professional Standards Administrator Carla
Gelbloom, who recorded the minutes and the panel’s independent legal counsel, Andrew Roman.
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Discipline Committee Decision and Reasons
ICCRC File
No.#2014.334
Agreement of the Facts
The Respondent personally and the Applicant by its solicitors, hereby agree to settle this Application.
The parties acknowledge and agree that the allegations as set out in the Agreed Statement of Facts filed
herewith are correct.
1.
In or about February, 2014 the Complainant retained (the “Member”) to advise and assist the
Complainant in making Application for Permanent Residence under the Alberta Immigrant
Nominee Program (the “AINP”).
2.
The Member assigned an employee and agent responsibility for preparing and filing the
Complainant’s Application for Permanent Residence with Citizenship and Immigration Canada
(“CIC”).
3.
In preparing the Application for Permanent Residence the employee/agent informed the
Complainant erroneously that the Complainant having been previously married, could not claim
common law status without a divorce certificate.
4.
The employer/agent therefore submitted the Complainant’s Application for Permanent
Residence to AINP describing the Complainant’s marital status as “legally separated” instead of
“common law”.
5.
The Member is a Member of Immigration Consultants of Canada Regulatory Council
(“ICCRC”). The employee/agent is not a Member. However, the employee/agent asked the
Member about the situation. The Member looked over all the papers and conveyed his
thoughts to the employee/agent who then provided her advice to the Complainant.
6.
The Member never met with the Complainant in person, nor did the Member provide any
immigration advice to the Complainant, except by email on one occasion.
7.
All immigration advice was provided in person to the Complainant by the employee/agent, not
by the Member. The employee/agent, although not a Member, held herself out to members of
the public and to the Complainant as a “Chinese Immigration Specialist”.
8.
The Member acknowledges that the Complainant did not receive or sign a retainer agreement,
nor was the Complainant ever provided with information regarding ICCRC complaints. The
Complainant was not made aware of any policies regarding the discharge of the Member’s
services or the reimbursement of the Complainant’s deposit.
Minutes of Settlement
The parties jointly agree and submit to the panel of the Discipline Committee that the Member receive a
written reprimand. The Order shall be published on the ICCRC website.
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Discipline Committee Decision and Reasons
ICCRC File
No.#2014.334
Decision
After carefully reviewing the written submissions of the parties, the panel unanimously approved the
Minutes of Settlement. The panel found that the proposed penalty to be reasonable and serves to
protect the public interest. The Member has co-operated with the Council, and by agreeing to the facts
and a proposed penalty, has accepted some responsibility for his actions. The penalty is also intended to
maintain high professional standards and preserve public confidence in the Council’s ability to regulate
its members. The penalty should provide specific deterrence to this Member and general deterrence to
deter members of the profession from engaging in similar conduct.
The Panel directs ICCRC’s Complaints and Professional Standards Administrator to insert each of our
electronic signatures in the signature lines at the end of the decision.
Panel Members:
Rakesh Mehta, Member, Chairperson
Mila Aberten, Member
Louis-René Gagnon, Public Representative
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