Practice Management Flashcards
Mikie decided to retire from her practice five years ago. She was granted retirement leave. Prior to closing her business, she transferred all of her active files to another RCIC, settled all unearned funds in her client account, and made all the necessary notifications to ICCRC, IRCC, and any other decision maker who may have been involved in processing her active client files. She has been travelling the world for the last five years, and she has extended her retirement leave each year since then. Now, she has decided to relocate to Spain and open a new immigration consulting practice there. Ashley, a fellow RCIC and Mikie’s former assistant, tells her that Mikie has been away from the profession for too long and must re-start the registration process to become a RCIC again. Is this information true or false?
False: Refer to article 9 of the Leave of Absence Regulation. Mikie can resume her practice and come out of retirement, as long as she has maintained valid errors and omissions insurance and paid the remainder balance of all owing fees.
RCIC Lana has been practising for almost 10 years and has around 150 active client files. She is currently suffering from occupational “burn-out” and has decided to apply for a one-year leave of absence to focus on her mental and physical health. Her request was granted within several days. Before opening her own practice, Lana had obtained much of her current knowledge through a Mentor, Peter. How should Peter advise Lana to proceed now that she is taking a leave of absence?
a) Notify all of her active clients and transfer these files to another practitioner; maintain valid errors & omissions insurance; maintain a working client account.
b) Account for all unearned funds in the client account; apply for an exemption from the regulator to complete the annual Compliance Audit; ensure that all active client files have been closed.
c) Notify her legal and accounting teams of her decision to take a leave of absence; cancel her errors & omissions insurance; maintain a working client account.
d) Notify all of her active clients and transfer these files to another practitioner; maintain valid errors & omissions insurance; cancel her client account and transfer funds to her business account.
A: Refer to article 6 of the Leave of Absence Regulation.
True or False: In accordance with the Client Account Regulation, any interest earned on money being held in the Client Account can be used by the RCIC for any business-related expenses.
True: See article 7.1 of the Client Account Regulation.
Who is the responsible authority for contacting Employment and Social Development Canada (ESDC) to clarify misleading instructions?
a) The regulator and professional associations
b) Professional associations
c) Education providers
d) The regulator
B: The regulator’s role is to protect the public’s interest, which includes mediating disputes between members and their clients. Professional associations and education providers are both involved with furthering their members’ interests and education, as well as providing networking opportunities and representing the profession with industry stakeholders.
Who is the responsible authority for establishing admission standards to the profession?
a) The regulator and professional associations
b) Professional associations
c) Education providers
d) The regulator
D: The fundamental mission of the regulator is to minimize and mitigate risks to the public. To fulfill this mission, one of the regulator’s duties is to define criteria for admission to the profession. Professional associations and education providers are both involved with furthering their members’ interests and education, as well as providing networking opportunities and representing the profession with industry stakeholders.
RCIC Amber has been practicing for two years as a sole practitioner. Next month, her nephew, Ian, will be relocating to Canada as an international high school student. Ian’s parents passed away in a car accident when he was young, so he is very close to his aunt and his grandparents. He decides to move in with Amber. A few weeks into the semester, Ian starts to struggle in school. Amber finds that she is spending more and more time tutoring Ian. She decides that she would much rather homeschool Ian, so that she can give him undivided attention. Does Amber have grounds to request a temporary leave of absence from ICCRC?
a) Yes, Amber can request a leave of absence for family reasons.
b) Yes, Amber can request a leave of absence for education reasons.
c) No, Amber must submit a request for leave based on compassionate considerations.
d) No, Amber must submit a request for leave based on other family reasons.
C: Refer to article 2.1.7 of the Leave of Absence Regulation.
True or False: Members who are on approved leave must still complete all Practice Management Education courses that take place during their leave.
False: Refer to article 4.2 of the Practice Management Education Regulation.
Which regulatory body predated the Immigration Consultants of Canada Regulatory Council (ICCRC)?
a) Canadian Society of Immigration Consultants
b) Canadian Council of Immigration Consultants
c) Canadian Regulatory Council of Immigration Consultants
d) College of Immigration and Citizenship Consultants
Canadian Society of Immigration Consultants: The profession was first governed by the Canadian Society of Immigration Consultants (CSIC), which was created in 2004. The Immigration Consultants of Canada Regulatory Council (ICCRC) began governing the profession in 2011.
What is the role of a professional association?
a) Protect the public from incompetent or unethical practitioners
b) Promote the knowledge and image of professional immigration consultants
c) Develop standards of practice for its members to adhere to
d) Protects and lobbies the interests of members and provides educational activities
provides educational activities
True or False: Members who are on approved leave may only undertake pro bono work and must not accept any compensated work on behalf of clients.
False: Refer to article 9.4 of the Leave of Absence Regulation.
New members are required to complete ____ mandatory PME course within ____ months of becoming a member.
1 mandatory PME course within 6 months
See articles 3 and 4 of the Practice Management Education (PME) Regulation.
Juanita is a new RCIC based in Yellowknife, NWT. She has set up a Client Account at her local financial institution, completed the Agent Agreement and Client File Management Practice Management Education courses, and has registered for two more Practice Management Education courses. She downloads all the files and reads them several days ahead of the courses. During both subsequent courses, she actively participates until the main presentation and activities are completed, then she leaves during the question-and-answer periods, since she doesn’t have any questions for the instructor. As a senior consultant, how should you advise Juanita regarding her action?
a) Juanita is still expected to ask several questions, to demonstrate that she has been actively listening and participating, and she should email these questions to the PME instructor.
b) Juanita should reach out to the PME instructor to ensure that her attendance has in fact been logged, since she left early.
c) Juanita will have to take the same PME course all over again because she left early.
d) Juanita should reach out to the PME instructor and apologize for leaving the sessions early.
C: Per Article 7.4 of the PME Regulation, if an RCIC joins a session after the start time or leaves before the session is over, they will not receive credit for the course.
Who is the responsible authority for organizing workshops on writing submission letters?
a) The regulator and professional associations
b) Professional associations and education providers
c) Education providers and the regulator
d) The College of Immigration and Citizenship Consultants
B: The regulator’s role is to protect the public’s interest, which includes mediating disputes between members and their clients. Professional associations and education providers are both involved with furthering their members’ interests and education, as well as providing networking opportunities and representing the profession with industry stakeholders.
What year was the ICCRC established?
a) 2001
b) 2010
c) 2011
d) 2015
2011: ICCRC was established in 2011 as the successor of CSIC, as the result of regulatory amendments to IRPA.
Which of the following is not an accepted activity for the purpose of meeting Continuing Professional Development obligations?
a) Attending an educational workshop in-person
b) Downloading a recorded version of an approved CPD event
c) Moderating a panel at an immigration and citizenship conference
d) Publishing an article on new temporary residence program policies
B: Simply downloading a recording of an approved CPD event is not acceptable. Members must watch or review the downloaded recording.
RCIC Pam is the owner of a new consulting practice. She works alone, but she has signed Agent Agreements with three overseas agents. With their help, she has slowly built a solid practice through study permit applications. Her agents help her with collecting client information and documents and with applying for Canadian post-secondary institutions. Pam does not have any interactions with these clients at all. She is essentially filling out application forms and submitting applications without ever providing any consultation advice. The clients who sign retainer agreements with Pam understand that Pam is the one who submits the applications for them, even though they only correspond with their agents. Out of respect for their clients’ confidentiality, Pam’s agents do not copy Pam on any of their correspondence with the client. What rule of the Code of Professional Ethics is Pam breaching?
a) “Maintenance of Confidentiality,” as no one but Pam herself should have access to client documents.
b) “Advocacy duties,” as Pam cannot persuasively advocate for the client if she doesn’t interact with them.
c) “Duty of good faith,” as Pam cannot represent her clients in good faith without interacting with them.
d) “Responsibility for Agents and staff,” as Pam cannot be sure that her agents are conducting themselves in accordance with the CoPE, or that there are no omissions or errors in their work.
D: All RCICs are responsible for the staff and agents they employ or contract. Although they can strictly advocate for their clients without any interaction with them, Pam cannot be sure that her agents are conducting themselves in accordance with the CoPE, or that there are no omissions or errors in their work. The other choices are also not correct answers as employees and agents can have access to the clients’ personal documentation when completing their assigned tasks, and Pam can still act in “good faith” when representing them.
The Compliance Audit cycle begins on which date in each calendar year?
a) January 1
b) April 1
c) July 1
d) October 1
July 1: See article 5.1 of the Compliance Audit Regulation
True or False: If you are not currently practising and reside outside of Canada, you do not need to purchase Errors and Omissions insurance.
False: All members in good standing must purchase E & O insurance regardless of their professional activity.
Liam was working with a registered immigration consultant to bring his wife to Canada. Liam felt the RCIC’s behaviour was contradictory to the conduct required of a professional immigration consultant, and he decided to lodge a complaint. The ICCRC head office was near Liam’s place of work, so he took his complaint files directly to the ICCRC on his lunch hour one day. Would the ICCRC accept his complaint?
a) Yes, all complaints against a RCIC can only be filed with the ICCRC in person.
b) Yes, a complaint can be filed with the ICCRC by mail, fax, email, or in person.
c) No, the ICCRC only accepts complaints filed by mail, fax, or email.
d) No, complaints must be filed with CAPIC not the ICCRC.
C: The ICCRC does not accept in-person submissions of complaints.
RCIC Alec is good friends with several of his former assistants, Wendy, Isaac, and Michael, who have all moved on to open their own consulting practices. They often get together after work at Alec’s office, where they will have a few drinks and then go out to eat at a restaurant nearby. During dinner, they will discuss their current and previous files, gossip about their clients’ interesting stories, and wonder what these clients are doing now. Which rule of the Code of Professional Ethics have Alec, Wendy, Isaac, and Michael breached?
a) Disclosure Prohibited
b) Confidentiality Survives Retainer
c) Maintenance of Confidentiality
d) Professional Misconduct
C: All parts of a client’s file (whether they are previous or current clients, or even if the files have been closed) must remain confidential. If using them for education or training purposes, then their information must be changed substantially that only the fundamental elements are retained, in order to protect the client’s confidentiality.
True or False: Errors and Omissions insurance covers individual members and staff, but it does not cover company dealings at all.
True: Members who register themselves as a “personal corporation” or “limited entity” can have E & O insurance coverage extended.
Which year did ICCRC establish a streamlined Complaints and Discipline process?
a) 2015
b) 2016
c) 2017
d) 2018
2018: Prior to 2018, complaints were managed by the Discipline Committee alone, who carried out hearings and decided on disciplinary action. Since 2018, a new resolution stream was added to expedite urgent and high-risk cases.
Pat is an RCIC in Alberta, and they are calculating their Continuing Professional Development (CPD) hours for this year. In March and June, Pat attended online training courses that each occurred from 9:00-12:00 on a Saturday. Pat also worked as an instructor in the Family Class Immigration course (ICL 850) with the GDipICL program at Queen’s University for the fall semester. The course was 6 weeks long, and Pat facilitated a 2-hour tutorial each week of the course. This was Pat’s first time teaching ICL 850. Has Pat met the required number of CPD hours for this year?
a) Yes, Pat has 18 hours, which exceeds the minimum requirement.
b) Yes, Pat has 24 hours, which exceeds the minimum requirement.
c) Yes, Pat has 42 hours, which exceeds the minimum requirement.
d) No, Pat has 14 hours, which does not meet the minimum requirement.
D: RCICs are required to complete 16 hours of CPD training per calendar year. Pat receives the following hours for their activities:
March online training: 3 CPD hours
June online training: 3 CPD hours
Weekly tutorial sessions: 3 hours for the first hour in the first week + 1.5 hours for the second hour in the first week = 4.5 CPD hours in the first week. The remaining 10 hours of tutorial count as 1.5 hours each, or 15 CPD hours. In total, the weekly tutorial sessions contribute 19.5 CPD hours. However, Pat can only claim up to a maximum of 50% of the annual CPD requirement for teaching (i.e. 8 hours). Thus Pat’s tutorials accumulate a total of 8 equivalent hours of CPD activities.
So, Pat’s total for the year is 3 + 3 + 8 = 14 CPD hours.
True or False: To protect the client’s confidentiality, all parts of their complaint against a member can be made anonymously.
False: Complaints may not be made anonymously. ICCRC can only investigate a complaint if the complainant submits a copy of their government-issued identification.