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Complaints and Discipline
Complaints Process
The mandate of the Canadian Society of Immigration Consultants (CSIC) is to protect the consumers of immigration consulting services and ensure the competent and professional conduct of its members.
Making a complaint about Immigration Consultants
Before a complainant makes a complaint to CSIC about an Immigration Consultant, CSIC recommends that the complainant discuss his/her concerns directly with the consultant.
If a complainant wishes to proceed with a complaint, he/she should send their signed, detailed complaint in writing by regular mail, fax or by courier to the attention of the Manager, Complaints and Discipline at CSIC.
In the complaint, the complainant should:
• provide the name(s), full mailing address and telephone numbers of the consultant(s) involved
• state the specific concern(s)
• provide dates, times and as many details as possible about the concern(s)
• attach any documentation / information in support of the allegations
• include his/her contact information inclusive of name, full mailing address, e-mail address and telephone numbers
In the alternative, please complete and submit the Complaints Form
Why does CSIC investigate Members?
CSIC must investigate all complaints received about a member. In order to ensure the competent and professional conduct of its members, CSIC has developed a strict code of conduct with its Rules of Professional Conduct by which all its members must abide. Investigating complaints is one of the ways that CSIC addresses concerns about the quality of service provided by its members. In addition, CSIC also regulates its members and protects the public through its complaints process.
Investigating Complaints
CSIC is an independent, federally incorporated not-for-profit body operating at arms length from the federal government. CSIC is responsible for regulating the activities of immigration consultants who are members and who provide immigration advice for a fee. CSIC is also responsible for ensuring the education and competency testing of its members, and developing and enforcing standards of conduct and practice.
CSIC can address complaints about a consultant who is a member by:
• assisting the complainant with concerns about a consultant’s services
• investigating complaints about a consultant’s behaviour or conduct
• disciplining a consultant if he/she is found guilty of contravening (or breaking) one of CSIC’s Rules of Professional Conduct.
CSIC cannot:
• address complaints about non-members. A search of CSIC’s Membership List will reveal all of the members of CSIC who are in good standing.
• determine the amount someone should pay for immigration services or the reasonableness of an invoice issued by one of its members. If a complainant feels that a member’s invoice is excessive, CSIC can bring this matter to the attention of the member on the complainant’s behalf in an attempt to assist him/her in resolving this issue. This effort is an attempt only and not a guarantee that there will be any change to the account the complainant has been issued.
• assess professional liability issues. If a member appears to have made a mistake or has failed to take action on behalf of the complainant, which results in a financial loss or other damages to the complainant, this may constitute professional negligence. CSIC does not have the authority to determine whether a member was negligent or the extent of the losses or damages a complainant has incurred.
• provide the public with immigration advice. Only immigration consultants who are members in good standing with CSIC, lawyers or notaries can provide immigration advice.
• provide the public with legal advice. Only lawyers entitled to practice law can provide legal advice.
What is the purpose of an investigation?
The purpose of the investigation is to gather all relevant information and documentation to support the allegations set out in the letter of complaint. The member is informed of the complaint and is given an opportunity to respond within 30 days. The response is then shared with the complainant.
This information is then presented to and reviewed by the Manager, Complaints and Discipline to determine if the cases referred by the Investigators are resolvable, reveal breaches of the Rules of Professional Conduct or By-laws, or whether a disposition other than a referral to a Discipline Hearing is appropriate.
An attempt to facilitate a resolution between the parties and provide remedial assistance to the members is one of the goals of this process.
What is the role of the investigator?
The investigator acts as an impartial or objective fact-finder and must provide the Manager, Complaints and Discipline with sufficient relevant information to clearly understand the allegations under investigation, and therefore make the best decision possible.
The investigator may ask to interview the complainant and may ask the member and the complainant to produce any documents or other types of information that they may have that is relevant to the allegations.
The investigator does not express an opinion or make recommendations at any point during the complaints process. The investigator ensures that both the member and the complainant understand the complaints process and are treated fairly within the process.
The investigator may interview individuals whom the complainant or the member feels can provide relevant information.
Findings
Although delays can occur, investigations are usually completed within six months of the complaint being received by CSIC. When the investigation is completed the investigator prepares a written case report. After reviewing this report, the Manager, Complaints and Discipline decides what action, if any, will be taken.
The Manager, Complaints and Discipline can decide to:
• remind the consultant in writing about more appropriate practice.
• issue advice about how the consultant can practice more efficiently or effectively. This may include remedial measures, such as education.
• issue a letter of caution, if breach is more serious. The letter will clearly describe the Manager’s concerns and is intended to educate the consultant about problems in his/her practice so that similar situations can be prevented in the future.
• invite the consultant to attend a meeting to hear the concerns in person. An oral caution, allows the consultant an opportunity to explain plans to improve his/her practice when faced with similar situations in the future.
• propose that the consultant sign an undertaking promising to do certain things to improve his/her consultant practice.
• refer the matter to a Disciplinary Hearing for a conduct proceeding.
• refer the matter to a Disciplinary Hearing for an incapacity proceeding.
The reasons for decision will be made available to the complainant and the member within 60 days of receipt of the case report from the investigator.
Appeal of Findings
The complainant may, within 30 days after receiving the reasons for decision, make written submissions to the Complaints Resolution Commissioner as to why the matter should be referred to a Disciplinary Hearing. The Complaints Resolution Commissioner will provide the complainant’s written submissions to the Manager and shall give the manager fifteen days to respond to the matter in writing.
The Complaints Resolution Commissioner may:
• uphold the Manager’s decision.
• revoke the Manager’s decision and refer the matter back to the Manager with specific instructions.
The decision of the Complaints Resolution Commissioner is final.
If you have any questions, or require any additional information, please contact us at:
Canadian Society of Immigration Consultants
discipline@csic-scci.ca
1-866-308-CSIC (2742) or 416-572-2800
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COMPLAINTS AND DISCIPLINE POLICY
1. INTERPRETATION
1.1 In this Policy, unless the context requires otherwise,
(a) "Appeal Hearing" means the hearing of an appeal made pursuant to Section 4.39;
(b) "Appeal Panel" means a panel appointed pursuant to Section 4.40 to hear an appeal of the decision of a Panel;
(c) "Board" means the board of directors of the Corporation;
(d) "Code of Professional Conduct" means the Code of Professional Conduct for Members approved by the Board;
(e) "Complaints Resolution Commissioner" means the Complaints Resolution Commissioner appointed by the Board and includes the person’s designate;
(f) "Investigator" means a person appointed pursuant to Section 2.1 to conduct an investigation;
(g) "Discipline Council" means the body established pursuant to Section 4.7;
(h) "Hearing" means the hearing by a Panel of a discipline matter;
(i) "Manager" means the Manager of Complaints, Compliance and Discipline appointed by the Board and includes the person’s designate;
(j) "Member" means a "transitional member" or a "full member" of the Corporation, as each such term is defined in By-law Number 10 of the Corporation;
(k) "Notice of Hearing" means a notice of hearing issued pursuant to Section 4.15;
(l) "Panel" means a panel appointed pursuant to Section 4.13 to hear a discipline matter;
(m) "Profession Representative" means a Member who is appointed as a member of the Discipline Council pursuant to Section 4.7;
(n) "Public Person" means a person who is not:
(i) a director, officer or employee of, or of an associate or affiliate of, the Corporation;
(ii) an employee of a federal, provincial or territorial government or a current employee of an agency of the Crown in respect of such government;
(iii) a member of the federal House of Commons or member of a provincial or territorial legislative assembly;
(iv) a Member;
(v) an individual who provides goods or services to and receives direct significant compensation from a Member;
(vi) an individual who has, in the two years prior to appointment as a member of the Discipline Council, held a position described in (i) to (v) above;
(vii) a member of the immediate family of the persons listed in (i) to (vi) above.
(o) "Public Representative" means a Public Person who is appointed as a member of the Discipline Council pursuant to Section 4.7; and
(p) "writing" means any permanent form including an electronic record, audiotape or a videotape and "written" has a corresponding meaning.
2. INVESTIGATIONS
2.1 The Manager may appoint an Investigator or Investigators to inquire into the conduct of a Member that occurred while such person was a Member, where:
(a) a complaint in writing has been made about a Member within (i) 180 days of the day on which the complainant first knew all of the relevant facts relating to the complaint; or (ii) such longer time period as the Manager considers appropriate in the circumstances;
(b) the Board directs the Manager to investigate the conduct of a Member; or
(c) the Manager otherwise has reasonable and probable grounds to believe that the Member has breached a term of membership set out in Section 4.1.
2.2 The appointment shall be in writing, shall briefly describe the matter under inquiry and shall be produced upon request to any person being asked to assist the Investigator.
2.3 An Investigator appointed under this By-law shall gather such information as the Investigator considers relevant and useful for the disposition of the matter.
2.4 A Member shall assist an Investigator appointed under this By-law, whether or not the Member is the subject of the inquiry. The assistance shall include:
(a) providing access to all business premises of the Member and to the records to which the Member has access that may touch upon the matter under inquiry;
(b) obtaining and providing the original or, if requested, copies of all documents that may touch upon the matter under inquiry;
(c) permitting the Investigator to remove, after giving a receipt, a document or thing relevant to the matter for the purpose of making a copy on the basis that the Investigator shall return either the original or a copy as soon as possible;
(d) attending and answering questions asked by the Investigator that may touch upon the matter under inquiry;
(e) directing all employees and persons acting under the direction of the Member to cooperate with the Investigator; and
(f) providing any oral or written consents that will assist the Investigator to obtain information from a third party.
2.5 The Investigator may, in his or her discretion, require that any statement given by any Member or person in the course of an investigation be recorded by means of an electronic recording device or otherwise and may require that any statement be given under oath.
2.6 No Member shall withhold, destroy or conceal any information, documents or thing reasonably required for the purpose of an investigation by an Investigator.
2.7 Each Member consents to the collection, use and disclosure by the Corporation of personal information regarding the Member for any purpose in connection with or related to this By-law, including any investigations, Hearings or Appeal Hearings hereunder. Each Member acknowledges and agrees that the Corporation may collect, use and disclose personal information of the clients of such Member for any purpose in connection with or related to this By-law, including any investigations, Hearings or Appeal Hearings hereunder.
2.8 The Investigator shall report the results of the investigation in writing to the Manager.
3. REVIEW BY MANAGER
3.1 The Manager shall consider the available information relating to a matter that has entered the complaints and compliance process pursuant to any of Sections 2.1(a) to 2.1(c), including the report of an Investigator if applicable, to determine whether a disposition other than a referral to a discipline Hearing is appropriate in the public interest.
3.2 Before reviewing the matter, the Manager shall notify the Member in writing of the matter and give the Member at least thirty days to respond to the matter in writing. Notification of the matter does not require notification of the evidence relating to the matter.
3.3 After considering a matter that has entered the complaints and compliance process and any response in writing from the Member, the Manager may do one or more of the following:
(a) take no action;
(b) require the Member to successfully complete educational or upgrading measures specified by the Manager at the Member’s expense;
(c) advise, caution or warn the Member in writing;
(d) require the Member to appear before the Manager or a person designated by the Manager, at a time and place specified by one of them, to be cautioned in person;
(e) refer the matter to another body that could more appropriately deal with the matter;
(f) refer the matter to the Discipline Council for a Hearing;
(g) require the Member to take such other action that the Manager considers appropriate that is not inconsistent with the by-laws of the Corporation.
3.4 Failure by a Member to attend at a meeting before the Manager when directed to do so under Section 3.3, or to reply in a timely manner when requested to do so in writing by the Manager, shall result in a breach of this By-law and the Manager shall refer such breach, together with the original matter, to the Discipline Council for a Hearing.
3.5 A Member shall, in a timely manner, comply with a requirement made by the Manager under Section 3.3. Where a Member disputes the appropriateness of a requirement under Section 3.3(b) or 3.3(g), the Member shall file with the Manager a written notice of dispute within thirty days of the requirement being made, and the Manager shall refer the matter to the Discipline Council for a Hearing. In a referral under this Section, if the Discipline Council finds that the Member has not breached a term of membership set out in Section 4.1 and the proposed requirement under Section 3.3(b) or 3.3(g) was unwarranted, it may make an order requiring the Corporation to pay all or part of the Member's legal costs.
3.6 Other than for a decision made under Section 3.3(e) or 3.3(f), the Manager shall deliver a copy of the written reasons for the Manager's decision to the Member, any complainant and any other person whom the Manager believes has a legitimate interest in such reasons.
3.7 If the Manager makes a decision under Sections 3.3(a) to 3.3(d) or Section 3.3(g), the complainant, if any, may, within thirty days after receiving the reasons for decision, make written submissions to the Complaints Resolution Commissioner as to why the matter should be referred to the Discipline Council for a Hearing.
3.8 Before reviewing the matter referred to in Section 3.7, the Complaints Resolution Commissioner shall provide the complainant's written submissions to the Manager and shall give the Manager at least fifteen days to respond to the matter in writing. The Complaints Resolution Commissioner may, after considering the written submissions of the complainant and the Manager, uphold the Manager's decision or revoke the Manager's decision and refer the matter to the Manager with specific instructions. The Complaints Resolution Commissioner shall deliver a copy of the written reasons for the decision to the Manager, the Member, any complainant and any other person whom the Complaints Resolution Commissioner believes has a legitimate interest in such reasons. The decision of the Complaints Resolution Commissioner shall be final, subject to the rights of the Member under Section 3.5.
4 MEMBER DISCIPLINE
4.1 Breaches by a Member of the following terms of membership, while such person is a Member, may lead to discipline under this By-law:
(a) breaching a by-law of the Corporation or the Code of Professional Conduct;
(b) failing to cooperate with and participate in the complaints, compliance and discipline procedures set out in this By-law;
(c) failing to comply with a requirement made by the Manager under this By-law;
(d) failing to comply with the terms of a settlement agreement referred to in Sections 4.2 to 4.6;
(e) failing to comply with a direction or order pursuant to Section 4.29;
(f) failing to cooperate with and provide full assistance to a representative of the Corporation conducting an inspection;
(g) making a false or misleading statement on an application for membership or any renewal of membership; or
(h) taking any of the actions or becoming subject to any of the proceedings referred to in Section 4.44.
SETTLEMENT AGREEMENTS
4.2 The Corporation or any other person designated by it, including without limitation the Manager, or the Board may negotiate a settlement agreement with a Member in respect of any matter for which the Member could be penalized on the exercise of the discretion of a Panel under this By-law.
4.3 A settlement agreement shall be in writing and be signed by or on behalf of the Member and shall contain:
(a) a statement of facts sufficient to identify the matter to which the settlement agreement relates;
(a) a reference to any by-laws, rules or policies of the Corporation or statutes or regulations with which the Member has not complied and a statement as to future compliance therewith;
(a) the consent and agreement of the Member to the terms of the settlement agreement;
(a) the acceptance of the penalty to which the Member could be subject pursuant to Section 4.29;
(a) the waiver of the rights of the Member to a Hearing pursuant to this By-law and all rights of review hereunder; and
(a) such other matters not inconsistent with Section 4.3(a) to (e), inclusive, which may be agreed upon including, without limitation, the agreement by the Member to pay the whole or part of the costs of the investigation and any proceedings relating to the matters which are the subject of the settlement agreement.
4.4 Upon acceptance of a settlement agreement by the Corporation and the Member, the Member shall be deemed to have been penalized by a Panel for the purpose of publication pursuant to Section 4.36.
4.5 All negotiations of a settlement agreement shall be without prejudice and the negotiations may not be used as evidence or referred to in any Hearing.
4.6 The acceptance of a settlement agreement by the Corporation and the Member is final and is not subject to appeal or review pursuant to Section 4.39.
DISCIPLINE COUNCIL AND PANELS
4.7 The Board shall appoint a minimum of twenty individuals as a Discipline Council. At least eight of such individuals shall be Public Representatives and at least eight of such individuals shall be Profession Representatives. Any individual other than the Manager and the Investigators, including a member of the Board, may be appointed to the Discipline Council. The Board shall appoint one member of the Discipline Council to be its chair.
4.8 To be eligible for appointment as a Public Representative an individual must:
(a) be or have been qualified to practice law in any jurisdiction in Canada;
(b) meet the requirements for a Public Person as defined in Section 1.1(n); and
(c) agree, in writing, not to represent any party to any hearing held in accordance with the By-laws during the course of his or her appointment to the Discipline Council.
4.9 To be eligible for appointment as a Profession Representative an individual must be a Member.
4.10 Each appointment to the Discipline Council shall be for a term of four years. The Board may, at any time, terminate the appointment of a member to the Discipline Council for any reason, at the Board's discretion. Despite the expiry of the appointment of a member to the Discipline Council, the person may complete any Hearings the person has commenced as if the person was a member of the Discipline Council.
4.11 The Discipline Council and the Board shall not participate in any investigation or screening by the Manager under this By-law; provided, for greater certainty, that a member of the Discipline Council (including the chair) or a member of the Board may act as the Complaints Resolution Commissioner.
4.12 The Discipline Council shall hear matters referred to it by the Manager.
4.13 The chair of the Discipline Council shall appoint a Panel of either one or three members of the Discipline Council to hear each matter referred to the Discipline Council. In the case of a three-member Panel: (i) three members of the Panel constitute a quorum; and (ii) at least one-third of the Panel members shall be Public Representatives and at least one-third of the Panel members shall be Profession Representatives. In the case of a one-member Panel, the member must be a Public Representative. The Complaints Resolution Commissioner may not be appointed to a Panel with respect to a matter with which the Complaints Resolution Commissioner has been involved pursuant to Sections 3.7 and 3.8.
4.14 The chair of the Discipline Council shall appoint the chair of a three-member Panel.
HEARING PROCEDURE
4.15 The Corporation may initiate a Hearing by way of a Notice of Hearing.
4.16 The Corporation and the Member shall be parties at the Hearing.
4.17 The Hearing shall be held in Toronto, Ontario, unless the Panel determines otherwise. The Hearing may be held in person, by teleconference, by videoconference or by other electronic means, at the discretion of the Panel.
4.18 The Corporation or any other person designated by it, including without limitation the Manager, shall notify the parties to a Hearing by serving upon them a Notice of Hearing at least thirty days before the commencement of the Hearing. A Notice of Hearing shall be publicized in the same manner as a summary of decision pursuant to Section 4.36.
4.19 A Panel may at any time permit a Notice of Hearing against a Member to be amended to correct errors or omissions of a minor or clerical nature if it is of the opinion that it is just and equitable to do so and the Panel may make any order it considers necessary to prevent prejudice to the Member.
4.20 A Hearing shall be open to the public except where the Panel is of the opinion that intimate financial or personal matters or other matters may be disclosed at the Hearing which are of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure thereof in the interests of any person affected or in the public interest outweighs the desirability of adhering to the principle that Hearings be open to the public, in which case the Panel may hold the hearing in camera.
4.21 No evidence is admissible at the Hearing unless, in the case of the Corporation, at least thirty days and, in the case of the other party or parties, at least fifteen days before the commencement of the Hearing, the party tendering the evidence has given to every other party:
(a) in the case of written or documentary evidence, a copy of the evidence and, if requested, an opportunity to examine the original evidence;
(b) in the case of evidence of a witness, the identity of the witness and a statement of the anticipated evidence of that witness;
(c) in the case of evidence of an expert, the identity of the expert and a copy of the expert’s written report containing the substance of the anticipated evidence of the expert; and
(d) an opportunity to examine any real evidence or thing that will be tendered as evidence at the Hearing.
4.22 The Panel may, in its discretion, allow the introduction of evidence that is inadmissible under this By-law and may make the directions it considers necessary to ensure that the other parties are not prejudiced.
4.23 The Member and the Corporation shall be entitled to appear and be heard at the Hearing and shall be entitled to be represented by counsel and to call, examine and cross-examine witnesses and present evidence and submissions.
4.24 Every Member and other person under the jurisdiction of the Corporation may be required by a Panel:
(a) to attend before it at any of its proceedings and give information respecting any matter involved in the proceeding; and
(b) to produce for inspection and provide copies of any books, records and accounts of such person, or within such person's possession and control, relevant to the matters being considered.
4.25 The Panel may obtain legal advice from a lawyer independent of the parties. Any legal advice shall be disclosed to the parties and the parties shall be given an opportunity to make submissions on that advice.
4.26 The Discipline Council has jurisdiction and authority over the conduct of a person while a Member despite the resignation or termination of the person's membership and a former Member shall remain subject to the jurisdiction of the Corporation for all purposes of this By-law.
4.27 If a party to a Hearing fails to attend such Hearing, the Panel may hold the Hearing and make a decision affecting the party in the absence of the party.
DISPOSITION
4.28 Only the members of a Panel who were present throughout a Hearing shall participate in the Panel's decision. If a member of the Panel becomes unable, for any reason, to complete the Hearing or to participate in the decision, the remaining members may complete the Hearing and give a decision.
4.29 If the Panel concludes that the Member has breached a term of membership set out in Section 4.1, the Discipline Council may, by order, do one or more of the following:
(a) direct the Member to appear, at the Member’s own expense, before the Discipline Council or a person designated by the Discipline Council to be reprimanded;
(b) direct that the Member comply with specified terms, conditions or limitations on the Member’s practice;
(c) direct that the Member pay restitution to a complainant who suffered damages as a result of the Member's breach of a term of membership set out in Section 4.1;
(d) direct that the Member pay an administrative penalty;
(e) direct that the Member be placed under probation for up to two years;
(f) suspend the Member’s membership in the Corporation for a stated period during which time the Member shall cease carrying on the activities of an immigration consultant; and
(g) terminate the Member’s membership in the Corporation.
4.30 A Member shall comply with a direction or order made under Section 4.29. In the event that a fine or condition imposed by a Panel pursuant to Section 4.29 is not paid or complied with, respectively, within the time prescribed by the Panel, the Panel may, upon application by the Corporation, and without further notice to the Member, suspend the rights and privileges of such Member until such fine is paid or condition fulfilled.
4.31 Where the Panel is of the opinion that the referral to discipline was unwarranted, it may make an order requiring the Corporation to pay all or part of the Member's legal costs.
4.32 Where the Panel concludes that the Member has breached a term of membership set out in Section 4.1, the Panel shall make an order requiring the Member to pay such costs and expenses incurred investigating, prosecuting and hearing the matter as the Panel considers appropriate unless the Panel is of the opinion that such an order is not warranted.
4.33 Where a Member agrees or is ordered by the Panel to pay all or part of the costs and expenses incurred, the Member shall pay them within thirty days of the agreement or order unless the Manager agrees to a longer payment schedule.
REASONS AND PUBLICATION OF SUMMARY
4.34 The Panel shall give written reasons for its decision.
4.35 The Discipline Council shall deliver a copy of the written decision and reasons of the Panel to the Member, the Manager, any complainant and any other person that the Discipline Council believes has a legitimate interest in them. Together with a copy of the written decision and reasons of the Panel, the Discipline Council shall deliver to the affected party a written notification of that party's rights of appeal under this By-law.
4.36 The Corporation shall prepare a summary of every decision and make it available to the public. The summary shall identify the Member if the Panel found that a breach of Section 4.1 occurred. The summary shall not identify the Member if the Panel made no finding against the Member unless the Member requests that the Member's name be included.
4.37 Publication of the summary shall be made:
(a) by publication on the Corporation's website;
(b) by delivery to a news service or newspaper having such national or international distribution as the Corporation may in its discretion determine;
(c) by delivery to Citizenship and Immigration Canada, and
(d) by delivery to such other persons, organizations or corporations, and in such other manner as the Panel imposing the penalty, and/or the Corporation from time to time, deems advisable.
4.38 A finding against a Member that a breach of Section 4.1 occurred and the order made by the Panel is public information.
APPEAL
4.39 A party may appeal the disposition by the Panel, on a question of law only, within thirty days of the decision and reasons of the Panel being sent to the party by filing with the Discipline Council a written request for an appeal setting out the grounds for the appeal and the documentary evidence to support the appeal along with the filing fee established by the Board.
4.40 The chair of the Discipline Council shall appoint an Appeal Panel of either one or three members of the Discipline Council, none of whom were on the Panel with respect to the original Hearing of the matter, to hear each appeal. In the case of a three-member Appeal Panel: (i) three members of the Appeal Panel constitute a quorum; and (ii) at least one-third of the Appeal Panel members shall be Public Representatives and at least one-third of the Appeal Panel members shall be Profession Representatives. In the case of a one-member Appeal Panel, the member must be a Public Representative. The Complaints Resolution Commissioner may not be appointed to an Appeal Panel with respect to a matter with which the Complaints Resolution Commissioner has been involved pursuant to Sections 3.7 and 3.8.
4.41 The chair of the Discipline Council shall appoint the chair of a three-member Appeal Panel.
4.42 No evidence other than the record before the original Panel shall be given to the Appeal Panel unless the evidence was not available at the time of the original Hearing and the Appeal Panel in its discretion permits the introduction of the new evidence. The Corporation and the Member shall be given the opportunity to appear before the Appeal Panel to make oral submissions on the matter. The Appeal Panel may confirm, reverse or vary the disposition of the original Panel and may make any disposition that a Panel has the power to make. Sections 4.15 to 4.38 apply with necessary modifications to an appeal pursuant to Section 4.39.
4.43 No proceedings shall be taken in any court or other tribunal to question or review any decision, order, direction, declaration or ruling of a Panel or Appeal Panel or to prohibit or restrain any Panel or Appeal Panel or their proceedings.
POWER TO SUSPEND
4.44 In the event that a Member, whether in Canada or otherwise, (i) admits its inability to pay or fails to pay its debts generally or becomes a bankrupt (voluntarily or involuntarily) or takes any similar action; or (ii) becomes subject to any proceeding seeking liquidation, arrangement, relief of creditors or the appointment of a receiver or trustee in respect of all or any part of its property or becomes subject to any similar proceeding, then a Panel appointed by the Discipline Council shall have the power and shall be obliged, forthwith upon receiving notice of such event, to suspend the rights and privileges of the Member for such period and on such terms and conditions as such Panel may in its discretion determine.
4.45 If the Member fails within such period as the Panel may prescribe to satisfy the claims of its creditors and/or cause the proceedings described in Section 4.44 to be discharged or terminated, the Panel may, either with or without notice to the Member, suspend the Member for a further period, terminate the rights, privileges and Membership of the Member or expel the Member from the Corporation, and such suspension, termination or expulsion shall take immediate effect. If the Member satisfies its creditors and/or causes the proceedings described in Section 4.44 to be discharged or terminated within such period as the Panel may determine, the Panel may reinstate the Member upon such terms and conditions as the Panel may determine and cancel any suspension imposed by it upon the Member.
5. RULE-MAKING
5.1 The Board may prescribe such rules, regulations and policies not inconsistent with this By-law as it deems expedient, including, without limiting the generality of the foregoing, in respect of:
(a) the procedures with respect to the conduct of investigations and Hearings;
(b) a code of conduct for Panel and Appeal Panel members;
(c) policies for provision of transcripts and appeal, transcript and other fees; and
(d) any other matter which the Board determines is advisable in connection with the matters referred to in this By-law.
Member List
https://www.csic-scci.ca/eis_Report...s/csicmembershiplist.aspx?lang=E&RegStatus=CT
Complaints and Discipline
Complaints Process
The mandate of the Canadian Society of Immigration Consultants (CSIC) is to protect the consumers of immigration consulting services and ensure the competent and professional conduct of its members.
Making a complaint about Immigration Consultants
Before a complainant makes a complaint to CSIC about an Immigration Consultant, CSIC recommends that the complainant discuss his/her concerns directly with the consultant.
If a complainant wishes to proceed with a complaint, he/she should send their signed, detailed complaint in writing by regular mail, fax or by courier to the attention of the Manager, Complaints and Discipline at CSIC.
In the complaint, the complainant should:
• provide the name(s), full mailing address and telephone numbers of the consultant(s) involved
• state the specific concern(s)
• provide dates, times and as many details as possible about the concern(s)
• attach any documentation / information in support of the allegations
• include his/her contact information inclusive of name, full mailing address, e-mail address and telephone numbers
In the alternative, please complete and submit the Complaints Form
Why does CSIC investigate Members?
CSIC must investigate all complaints received about a member. In order to ensure the competent and professional conduct of its members, CSIC has developed a strict code of conduct with its Rules of Professional Conduct by which all its members must abide. Investigating complaints is one of the ways that CSIC addresses concerns about the quality of service provided by its members. In addition, CSIC also regulates its members and protects the public through its complaints process.
Investigating Complaints
CSIC is an independent, federally incorporated not-for-profit body operating at arms length from the federal government. CSIC is responsible for regulating the activities of immigration consultants who are members and who provide immigration advice for a fee. CSIC is also responsible for ensuring the education and competency testing of its members, and developing and enforcing standards of conduct and practice.
CSIC can address complaints about a consultant who is a member by:
• assisting the complainant with concerns about a consultant’s services
• investigating complaints about a consultant’s behaviour or conduct
• disciplining a consultant if he/she is found guilty of contravening (or breaking) one of CSIC’s Rules of Professional Conduct.
CSIC cannot:
• address complaints about non-members. A search of CSIC’s Membership List will reveal all of the members of CSIC who are in good standing.
• determine the amount someone should pay for immigration services or the reasonableness of an invoice issued by one of its members. If a complainant feels that a member’s invoice is excessive, CSIC can bring this matter to the attention of the member on the complainant’s behalf in an attempt to assist him/her in resolving this issue. This effort is an attempt only and not a guarantee that there will be any change to the account the complainant has been issued.
• assess professional liability issues. If a member appears to have made a mistake or has failed to take action on behalf of the complainant, which results in a financial loss or other damages to the complainant, this may constitute professional negligence. CSIC does not have the authority to determine whether a member was negligent or the extent of the losses or damages a complainant has incurred.
• provide the public with immigration advice. Only immigration consultants who are members in good standing with CSIC, lawyers or notaries can provide immigration advice.
• provide the public with legal advice. Only lawyers entitled to practice law can provide legal advice.
What is the purpose of an investigation?
The purpose of the investigation is to gather all relevant information and documentation to support the allegations set out in the letter of complaint. The member is informed of the complaint and is given an opportunity to respond within 30 days. The response is then shared with the complainant.
This information is then presented to and reviewed by the Manager, Complaints and Discipline to determine if the cases referred by the Investigators are resolvable, reveal breaches of the Rules of Professional Conduct or By-laws, or whether a disposition other than a referral to a Discipline Hearing is appropriate.
An attempt to facilitate a resolution between the parties and provide remedial assistance to the members is one of the goals of this process.
What is the role of the investigator?
The investigator acts as an impartial or objective fact-finder and must provide the Manager, Complaints and Discipline with sufficient relevant information to clearly understand the allegations under investigation, and therefore make the best decision possible.
The investigator may ask to interview the complainant and may ask the member and the complainant to produce any documents or other types of information that they may have that is relevant to the allegations.
The investigator does not express an opinion or make recommendations at any point during the complaints process. The investigator ensures that both the member and the complainant understand the complaints process and are treated fairly within the process.
The investigator may interview individuals whom the complainant or the member feels can provide relevant information.
Findings
Although delays can occur, investigations are usually completed within six months of the complaint being received by CSIC. When the investigation is completed the investigator prepares a written case report. After reviewing this report, the Manager, Complaints and Discipline decides what action, if any, will be taken.
The Manager, Complaints and Discipline can decide to:
• remind the consultant in writing about more appropriate practice.
• issue advice about how the consultant can practice more efficiently or effectively. This may include remedial measures, such as education.
• issue a letter of caution, if breach is more serious. The letter will clearly describe the Manager’s concerns and is intended to educate the consultant about problems in his/her practice so that similar situations can be prevented in the future.
• invite the consultant to attend a meeting to hear the concerns in person. An oral caution, allows the consultant an opportunity to explain plans to improve his/her practice when faced with similar situations in the future.
• propose that the consultant sign an undertaking promising to do certain things to improve his/her consultant practice.
• refer the matter to a Disciplinary Hearing for a conduct proceeding.
• refer the matter to a Disciplinary Hearing for an incapacity proceeding.
The reasons for decision will be made available to the complainant and the member within 60 days of receipt of the case report from the investigator.
Appeal of Findings
The complainant may, within 30 days after receiving the reasons for decision, make written submissions to the Complaints Resolution Commissioner as to why the matter should be referred to a Disciplinary Hearing. The Complaints Resolution Commissioner will provide the complainant’s written submissions to the Manager and shall give the manager fifteen days to respond to the matter in writing.
The Complaints Resolution Commissioner may:
• uphold the Manager’s decision.
• revoke the Manager’s decision and refer the matter back to the Manager with specific instructions.
The decision of the Complaints Resolution Commissioner is final.
If you have any questions, or require any additional information, please contact us at:
Canadian Society of Immigration Consultants
discipline@csic-scci.ca
1-866-308-CSIC (2742) or 416-572-2800
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COMPLAINTS AND DISCIPLINE POLICY
1. INTERPRETATION
1.1 In this Policy, unless the context requires otherwise,
(a) "Appeal Hearing" means the hearing of an appeal made pursuant to Section 4.39;
(b) "Appeal Panel" means a panel appointed pursuant to Section 4.40 to hear an appeal of the decision of a Panel;
(c) "Board" means the board of directors of the Corporation;
(d) "Code of Professional Conduct" means the Code of Professional Conduct for Members approved by the Board;
(e) "Complaints Resolution Commissioner" means the Complaints Resolution Commissioner appointed by the Board and includes the person’s designate;
(f) "Investigator" means a person appointed pursuant to Section 2.1 to conduct an investigation;
(g) "Discipline Council" means the body established pursuant to Section 4.7;
(h) "Hearing" means the hearing by a Panel of a discipline matter;
(i) "Manager" means the Manager of Complaints, Compliance and Discipline appointed by the Board and includes the person’s designate;
(j) "Member" means a "transitional member" or a "full member" of the Corporation, as each such term is defined in By-law Number 10 of the Corporation;
(k) "Notice of Hearing" means a notice of hearing issued pursuant to Section 4.15;
(l) "Panel" means a panel appointed pursuant to Section 4.13 to hear a discipline matter;
(m) "Profession Representative" means a Member who is appointed as a member of the Discipline Council pursuant to Section 4.7;
(n) "Public Person" means a person who is not:
(i) a director, officer or employee of, or of an associate or affiliate of, the Corporation;
(ii) an employee of a federal, provincial or territorial government or a current employee of an agency of the Crown in respect of such government;
(iii) a member of the federal House of Commons or member of a provincial or territorial legislative assembly;
(iv) a Member;
(v) an individual who provides goods or services to and receives direct significant compensation from a Member;
(vi) an individual who has, in the two years prior to appointment as a member of the Discipline Council, held a position described in (i) to (v) above;
(vii) a member of the immediate family of the persons listed in (i) to (vi) above.
(o) "Public Representative" means a Public Person who is appointed as a member of the Discipline Council pursuant to Section 4.7; and
(p) "writing" means any permanent form including an electronic record, audiotape or a videotape and "written" has a corresponding meaning.
2. INVESTIGATIONS
2.1 The Manager may appoint an Investigator or Investigators to inquire into the conduct of a Member that occurred while such person was a Member, where:
(a) a complaint in writing has been made about a Member within (i) 180 days of the day on which the complainant first knew all of the relevant facts relating to the complaint; or (ii) such longer time period as the Manager considers appropriate in the circumstances;
(b) the Board directs the Manager to investigate the conduct of a Member; or
(c) the Manager otherwise has reasonable and probable grounds to believe that the Member has breached a term of membership set out in Section 4.1.
2.2 The appointment shall be in writing, shall briefly describe the matter under inquiry and shall be produced upon request to any person being asked to assist the Investigator.
2.3 An Investigator appointed under this By-law shall gather such information as the Investigator considers relevant and useful for the disposition of the matter.
2.4 A Member shall assist an Investigator appointed under this By-law, whether or not the Member is the subject of the inquiry. The assistance shall include:
(a) providing access to all business premises of the Member and to the records to which the Member has access that may touch upon the matter under inquiry;
(b) obtaining and providing the original or, if requested, copies of all documents that may touch upon the matter under inquiry;
(c) permitting the Investigator to remove, after giving a receipt, a document or thing relevant to the matter for the purpose of making a copy on the basis that the Investigator shall return either the original or a copy as soon as possible;
(d) attending and answering questions asked by the Investigator that may touch upon the matter under inquiry;
(e) directing all employees and persons acting under the direction of the Member to cooperate with the Investigator; and
(f) providing any oral or written consents that will assist the Investigator to obtain information from a third party.
2.5 The Investigator may, in his or her discretion, require that any statement given by any Member or person in the course of an investigation be recorded by means of an electronic recording device or otherwise and may require that any statement be given under oath.
2.6 No Member shall withhold, destroy or conceal any information, documents or thing reasonably required for the purpose of an investigation by an Investigator.
2.7 Each Member consents to the collection, use and disclosure by the Corporation of personal information regarding the Member for any purpose in connection with or related to this By-law, including any investigations, Hearings or Appeal Hearings hereunder. Each Member acknowledges and agrees that the Corporation may collect, use and disclose personal information of the clients of such Member for any purpose in connection with or related to this By-law, including any investigations, Hearings or Appeal Hearings hereunder.
2.8 The Investigator shall report the results of the investigation in writing to the Manager.
3. REVIEW BY MANAGER
3.1 The Manager shall consider the available information relating to a matter that has entered the complaints and compliance process pursuant to any of Sections 2.1(a) to 2.1(c), including the report of an Investigator if applicable, to determine whether a disposition other than a referral to a discipline Hearing is appropriate in the public interest.
3.2 Before reviewing the matter, the Manager shall notify the Member in writing of the matter and give the Member at least thirty days to respond to the matter in writing. Notification of the matter does not require notification of the evidence relating to the matter.
3.3 After considering a matter that has entered the complaints and compliance process and any response in writing from the Member, the Manager may do one or more of the following:
(a) take no action;
(b) require the Member to successfully complete educational or upgrading measures specified by the Manager at the Member’s expense;
(c) advise, caution or warn the Member in writing;
(d) require the Member to appear before the Manager or a person designated by the Manager, at a time and place specified by one of them, to be cautioned in person;
(e) refer the matter to another body that could more appropriately deal with the matter;
(f) refer the matter to the Discipline Council for a Hearing;
(g) require the Member to take such other action that the Manager considers appropriate that is not inconsistent with the by-laws of the Corporation.
3.4 Failure by a Member to attend at a meeting before the Manager when directed to do so under Section 3.3, or to reply in a timely manner when requested to do so in writing by the Manager, shall result in a breach of this By-law and the Manager shall refer such breach, together with the original matter, to the Discipline Council for a Hearing.
3.5 A Member shall, in a timely manner, comply with a requirement made by the Manager under Section 3.3. Where a Member disputes the appropriateness of a requirement under Section 3.3(b) or 3.3(g), the Member shall file with the Manager a written notice of dispute within thirty days of the requirement being made, and the Manager shall refer the matter to the Discipline Council for a Hearing. In a referral under this Section, if the Discipline Council finds that the Member has not breached a term of membership set out in Section 4.1 and the proposed requirement under Section 3.3(b) or 3.3(g) was unwarranted, it may make an order requiring the Corporation to pay all or part of the Member's legal costs.
3.6 Other than for a decision made under Section 3.3(e) or 3.3(f), the Manager shall deliver a copy of the written reasons for the Manager's decision to the Member, any complainant and any other person whom the Manager believes has a legitimate interest in such reasons.
3.7 If the Manager makes a decision under Sections 3.3(a) to 3.3(d) or Section 3.3(g), the complainant, if any, may, within thirty days after receiving the reasons for decision, make written submissions to the Complaints Resolution Commissioner as to why the matter should be referred to the Discipline Council for a Hearing.
3.8 Before reviewing the matter referred to in Section 3.7, the Complaints Resolution Commissioner shall provide the complainant's written submissions to the Manager and shall give the Manager at least fifteen days to respond to the matter in writing. The Complaints Resolution Commissioner may, after considering the written submissions of the complainant and the Manager, uphold the Manager's decision or revoke the Manager's decision and refer the matter to the Manager with specific instructions. The Complaints Resolution Commissioner shall deliver a copy of the written reasons for the decision to the Manager, the Member, any complainant and any other person whom the Complaints Resolution Commissioner believes has a legitimate interest in such reasons. The decision of the Complaints Resolution Commissioner shall be final, subject to the rights of the Member under Section 3.5.
4 MEMBER DISCIPLINE
4.1 Breaches by a Member of the following terms of membership, while such person is a Member, may lead to discipline under this By-law:
(a) breaching a by-law of the Corporation or the Code of Professional Conduct;
(b) failing to cooperate with and participate in the complaints, compliance and discipline procedures set out in this By-law;
(c) failing to comply with a requirement made by the Manager under this By-law;
(d) failing to comply with the terms of a settlement agreement referred to in Sections 4.2 to 4.6;
(e) failing to comply with a direction or order pursuant to Section 4.29;
(f) failing to cooperate with and provide full assistance to a representative of the Corporation conducting an inspection;
(g) making a false or misleading statement on an application for membership or any renewal of membership; or
(h) taking any of the actions or becoming subject to any of the proceedings referred to in Section 4.44.
SETTLEMENT AGREEMENTS
4.2 The Corporation or any other person designated by it, including without limitation the Manager, or the Board may negotiate a settlement agreement with a Member in respect of any matter for which the Member could be penalized on the exercise of the discretion of a Panel under this By-law.
4.3 A settlement agreement shall be in writing and be signed by or on behalf of the Member and shall contain:
(a) a statement of facts sufficient to identify the matter to which the settlement agreement relates;
(a) a reference to any by-laws, rules or policies of the Corporation or statutes or regulations with which the Member has not complied and a statement as to future compliance therewith;
(a) the consent and agreement of the Member to the terms of the settlement agreement;
(a) the acceptance of the penalty to which the Member could be subject pursuant to Section 4.29;
(a) the waiver of the rights of the Member to a Hearing pursuant to this By-law and all rights of review hereunder; and
(a) such other matters not inconsistent with Section 4.3(a) to (e), inclusive, which may be agreed upon including, without limitation, the agreement by the Member to pay the whole or part of the costs of the investigation and any proceedings relating to the matters which are the subject of the settlement agreement.
4.4 Upon acceptance of a settlement agreement by the Corporation and the Member, the Member shall be deemed to have been penalized by a Panel for the purpose of publication pursuant to Section 4.36.
4.5 All negotiations of a settlement agreement shall be without prejudice and the negotiations may not be used as evidence or referred to in any Hearing.
4.6 The acceptance of a settlement agreement by the Corporation and the Member is final and is not subject to appeal or review pursuant to Section 4.39.
DISCIPLINE COUNCIL AND PANELS
4.7 The Board shall appoint a minimum of twenty individuals as a Discipline Council. At least eight of such individuals shall be Public Representatives and at least eight of such individuals shall be Profession Representatives. Any individual other than the Manager and the Investigators, including a member of the Board, may be appointed to the Discipline Council. The Board shall appoint one member of the Discipline Council to be its chair.
4.8 To be eligible for appointment as a Public Representative an individual must:
(a) be or have been qualified to practice law in any jurisdiction in Canada;
(b) meet the requirements for a Public Person as defined in Section 1.1(n); and
(c) agree, in writing, not to represent any party to any hearing held in accordance with the By-laws during the course of his or her appointment to the Discipline Council.
4.9 To be eligible for appointment as a Profession Representative an individual must be a Member.
4.10 Each appointment to the Discipline Council shall be for a term of four years. The Board may, at any time, terminate the appointment of a member to the Discipline Council for any reason, at the Board's discretion. Despite the expiry of the appointment of a member to the Discipline Council, the person may complete any Hearings the person has commenced as if the person was a member of the Discipline Council.
4.11 The Discipline Council and the Board shall not participate in any investigation or screening by the Manager under this By-law; provided, for greater certainty, that a member of the Discipline Council (including the chair) or a member of the Board may act as the Complaints Resolution Commissioner.
4.12 The Discipline Council shall hear matters referred to it by the Manager.
4.13 The chair of the Discipline Council shall appoint a Panel of either one or three members of the Discipline Council to hear each matter referred to the Discipline Council. In the case of a three-member Panel: (i) three members of the Panel constitute a quorum; and (ii) at least one-third of the Panel members shall be Public Representatives and at least one-third of the Panel members shall be Profession Representatives. In the case of a one-member Panel, the member must be a Public Representative. The Complaints Resolution Commissioner may not be appointed to a Panel with respect to a matter with which the Complaints Resolution Commissioner has been involved pursuant to Sections 3.7 and 3.8.
4.14 The chair of the Discipline Council shall appoint the chair of a three-member Panel.
HEARING PROCEDURE
4.15 The Corporation may initiate a Hearing by way of a Notice of Hearing.
4.16 The Corporation and the Member shall be parties at the Hearing.
4.17 The Hearing shall be held in Toronto, Ontario, unless the Panel determines otherwise. The Hearing may be held in person, by teleconference, by videoconference or by other electronic means, at the discretion of the Panel.
4.18 The Corporation or any other person designated by it, including without limitation the Manager, shall notify the parties to a Hearing by serving upon them a Notice of Hearing at least thirty days before the commencement of the Hearing. A Notice of Hearing shall be publicized in the same manner as a summary of decision pursuant to Section 4.36.
4.19 A Panel may at any time permit a Notice of Hearing against a Member to be amended to correct errors or omissions of a minor or clerical nature if it is of the opinion that it is just and equitable to do so and the Panel may make any order it considers necessary to prevent prejudice to the Member.
4.20 A Hearing shall be open to the public except where the Panel is of the opinion that intimate financial or personal matters or other matters may be disclosed at the Hearing which are of such a nature, having regard to the circumstances, that the desirability of avoiding disclosure thereof in the interests of any person affected or in the public interest outweighs the desirability of adhering to the principle that Hearings be open to the public, in which case the Panel may hold the hearing in camera.
4.21 No evidence is admissible at the Hearing unless, in the case of the Corporation, at least thirty days and, in the case of the other party or parties, at least fifteen days before the commencement of the Hearing, the party tendering the evidence has given to every other party:
(a) in the case of written or documentary evidence, a copy of the evidence and, if requested, an opportunity to examine the original evidence;
(b) in the case of evidence of a witness, the identity of the witness and a statement of the anticipated evidence of that witness;
(c) in the case of evidence of an expert, the identity of the expert and a copy of the expert’s written report containing the substance of the anticipated evidence of the expert; and
(d) an opportunity to examine any real evidence or thing that will be tendered as evidence at the Hearing.
4.22 The Panel may, in its discretion, allow the introduction of evidence that is inadmissible under this By-law and may make the directions it considers necessary to ensure that the other parties are not prejudiced.
4.23 The Member and the Corporation shall be entitled to appear and be heard at the Hearing and shall be entitled to be represented by counsel and to call, examine and cross-examine witnesses and present evidence and submissions.
4.24 Every Member and other person under the jurisdiction of the Corporation may be required by a Panel:
(a) to attend before it at any of its proceedings and give information respecting any matter involved in the proceeding; and
(b) to produce for inspection and provide copies of any books, records and accounts of such person, or within such person's possession and control, relevant to the matters being considered.
4.25 The Panel may obtain legal advice from a lawyer independent of the parties. Any legal advice shall be disclosed to the parties and the parties shall be given an opportunity to make submissions on that advice.
4.26 The Discipline Council has jurisdiction and authority over the conduct of a person while a Member despite the resignation or termination of the person's membership and a former Member shall remain subject to the jurisdiction of the Corporation for all purposes of this By-law.
4.27 If a party to a Hearing fails to attend such Hearing, the Panel may hold the Hearing and make a decision affecting the party in the absence of the party.
DISPOSITION
4.28 Only the members of a Panel who were present throughout a Hearing shall participate in the Panel's decision. If a member of the Panel becomes unable, for any reason, to complete the Hearing or to participate in the decision, the remaining members may complete the Hearing and give a decision.
4.29 If the Panel concludes that the Member has breached a term of membership set out in Section 4.1, the Discipline Council may, by order, do one or more of the following:
(a) direct the Member to appear, at the Member’s own expense, before the Discipline Council or a person designated by the Discipline Council to be reprimanded;
(b) direct that the Member comply with specified terms, conditions or limitations on the Member’s practice;
(c) direct that the Member pay restitution to a complainant who suffered damages as a result of the Member's breach of a term of membership set out in Section 4.1;
(d) direct that the Member pay an administrative penalty;
(e) direct that the Member be placed under probation for up to two years;
(f) suspend the Member’s membership in the Corporation for a stated period during which time the Member shall cease carrying on the activities of an immigration consultant; and
(g) terminate the Member’s membership in the Corporation.
4.30 A Member shall comply with a direction or order made under Section 4.29. In the event that a fine or condition imposed by a Panel pursuant to Section 4.29 is not paid or complied with, respectively, within the time prescribed by the Panel, the Panel may, upon application by the Corporation, and without further notice to the Member, suspend the rights and privileges of such Member until such fine is paid or condition fulfilled.
4.31 Where the Panel is of the opinion that the referral to discipline was unwarranted, it may make an order requiring the Corporation to pay all or part of the Member's legal costs.
4.32 Where the Panel concludes that the Member has breached a term of membership set out in Section 4.1, the Panel shall make an order requiring the Member to pay such costs and expenses incurred investigating, prosecuting and hearing the matter as the Panel considers appropriate unless the Panel is of the opinion that such an order is not warranted.
4.33 Where a Member agrees or is ordered by the Panel to pay all or part of the costs and expenses incurred, the Member shall pay them within thirty days of the agreement or order unless the Manager agrees to a longer payment schedule.
REASONS AND PUBLICATION OF SUMMARY
4.34 The Panel shall give written reasons for its decision.
4.35 The Discipline Council shall deliver a copy of the written decision and reasons of the Panel to the Member, the Manager, any complainant and any other person that the Discipline Council believes has a legitimate interest in them. Together with a copy of the written decision and reasons of the Panel, the Discipline Council shall deliver to the affected party a written notification of that party's rights of appeal under this By-law.
4.36 The Corporation shall prepare a summary of every decision and make it available to the public. The summary shall identify the Member if the Panel found that a breach of Section 4.1 occurred. The summary shall not identify the Member if the Panel made no finding against the Member unless the Member requests that the Member's name be included.
4.37 Publication of the summary shall be made:
(a) by publication on the Corporation's website;
(b) by delivery to a news service or newspaper having such national or international distribution as the Corporation may in its discretion determine;
(c) by delivery to Citizenship and Immigration Canada, and
(d) by delivery to such other persons, organizations or corporations, and in such other manner as the Panel imposing the penalty, and/or the Corporation from time to time, deems advisable.
4.38 A finding against a Member that a breach of Section 4.1 occurred and the order made by the Panel is public information.
APPEAL
4.39 A party may appeal the disposition by the Panel, on a question of law only, within thirty days of the decision and reasons of the Panel being sent to the party by filing with the Discipline Council a written request for an appeal setting out the grounds for the appeal and the documentary evidence to support the appeal along with the filing fee established by the Board.
4.40 The chair of the Discipline Council shall appoint an Appeal Panel of either one or three members of the Discipline Council, none of whom were on the Panel with respect to the original Hearing of the matter, to hear each appeal. In the case of a three-member Appeal Panel: (i) three members of the Appeal Panel constitute a quorum; and (ii) at least one-third of the Appeal Panel members shall be Public Representatives and at least one-third of the Appeal Panel members shall be Profession Representatives. In the case of a one-member Appeal Panel, the member must be a Public Representative. The Complaints Resolution Commissioner may not be appointed to an Appeal Panel with respect to a matter with which the Complaints Resolution Commissioner has been involved pursuant to Sections 3.7 and 3.8.
4.41 The chair of the Discipline Council shall appoint the chair of a three-member Appeal Panel.
4.42 No evidence other than the record before the original Panel shall be given to the Appeal Panel unless the evidence was not available at the time of the original Hearing and the Appeal Panel in its discretion permits the introduction of the new evidence. The Corporation and the Member shall be given the opportunity to appear before the Appeal Panel to make oral submissions on the matter. The Appeal Panel may confirm, reverse or vary the disposition of the original Panel and may make any disposition that a Panel has the power to make. Sections 4.15 to 4.38 apply with necessary modifications to an appeal pursuant to Section 4.39.
4.43 No proceedings shall be taken in any court or other tribunal to question or review any decision, order, direction, declaration or ruling of a Panel or Appeal Panel or to prohibit or restrain any Panel or Appeal Panel or their proceedings.
POWER TO SUSPEND
4.44 In the event that a Member, whether in Canada or otherwise, (i) admits its inability to pay or fails to pay its debts generally or becomes a bankrupt (voluntarily or involuntarily) or takes any similar action; or (ii) becomes subject to any proceeding seeking liquidation, arrangement, relief of creditors or the appointment of a receiver or trustee in respect of all or any part of its property or becomes subject to any similar proceeding, then a Panel appointed by the Discipline Council shall have the power and shall be obliged, forthwith upon receiving notice of such event, to suspend the rights and privileges of the Member for such period and on such terms and conditions as such Panel may in its discretion determine.
4.45 If the Member fails within such period as the Panel may prescribe to satisfy the claims of its creditors and/or cause the proceedings described in Section 4.44 to be discharged or terminated, the Panel may, either with or without notice to the Member, suspend the Member for a further period, terminate the rights, privileges and Membership of the Member or expel the Member from the Corporation, and such suspension, termination or expulsion shall take immediate effect. If the Member satisfies its creditors and/or causes the proceedings described in Section 4.44 to be discharged or terminated within such period as the Panel may determine, the Panel may reinstate the Member upon such terms and conditions as the Panel may determine and cancel any suspension imposed by it upon the Member.
5. RULE-MAKING
5.1 The Board may prescribe such rules, regulations and policies not inconsistent with this By-law as it deems expedient, including, without limiting the generality of the foregoing, in respect of:
(a) the procedures with respect to the conduct of investigations and Hearings;
(b) a code of conduct for Panel and Appeal Panel members;
(c) policies for provision of transcripts and appeal, transcript and other fees; and
(d) any other matter which the Board determines is advisable in connection with the matters referred to in this By-law.
