Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees (SOR/2022-128)

Obligation of confidentiality

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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 and take the measures that are necessary to maintain the confidentiality of that information indefinitely.

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Disclosure of confidential information

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(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 Québec.

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Scope of disclosure

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(3) If a licensee discloses confidential information under subsection (2), the licensee must not disclose more information than necessary to respond to the specific basis for the disclosure.