An RCIC practice continuity plan sets out what happens to client files if you become incapacitated or can no longer provide services. Section 24(3)(y) of the CICC Code requires every service agreement to explain this to the client. Section 39(b) requires you to report a verified health problem that limits your capacity to practise to the Registrar within 30 days. If no plan works, section 73.1 of the College Act lets the College ask a court to administer the practice’s property.
- Every service agreement must explain what happens to the client’s file if you can’t continue (Code s. 24(3)(y)).
- Report a verified health problem that limits your capacity to practise to the Registrar within 30 days.
- We found no Code or Act rule requiring a named successor, so the plan is yours to design.
- Without a plan, the College can seek a court order to administer the practice’s property and move client files.
- Keep a live list of open files with deadlines and test the plan with a backup licensee every year.
Most RCIC practices depend on one licensee. An illness, accident or sudden departure can leave clients with open IRCC deadlines and no one able to act. A practice continuity plan is the written answer your service agreement already promises, and the routine that makes it work. This guide covers what the rules require, what they leave to you, and a practical plan outline.
Sources, checked 5 November 2026: the CICC Code of Professional Conduct (SOR/2022-128), current to 19 October 2026 (ss. 24(3)(y), 35, 36, 39(b), 42), and the College of Immigration and Citizenship Consultants Act, current to 30 September 2026 (ss. 73.1 to 73.4). We could not read the College’s by-laws or guidance pages for this guide, so check them for any added requirement. The plan outline below is our practical suggestion, not a College template.
What do the CICC rules require for practice continuity?
| Rule | What it says | Source |
|---|---|---|
| Service agreement clause | Every service agreement must explain what will happen to the client’s file if you become incapacitated or are otherwise unable to continue providing services under it | Code s. 24(3)(y) |
| Report your own incapacity | Report to the Registrar within 30 days if you have a physical or mental health problem or an addiction, verified by a health care professional, that limits your capacity to practise (see all RCIC reporting obligations) | Code s. 39(b) |
| Report a colleague | Promptly report to the College information that raises a material concern about a fellow licensee’s capacity to practise, and report a fellow licensee who abandons their practice | Code s. 42(1), 42(2)(d) |
| Competence | End the agreement if you lack the competence to continue and do not get assistance under s. 20(1)(b), and refer the client to a competent authorized representative if possible | Code s. 35(1)(d), 35(3) |
| Closing duties | When an agreement ends, return documents, account for funds, invoice, refund trust excess and notify departments | Code s. 36 |
| Court-ordered administration | If a licensee cannot practise for a prescribed reason, the College may apply to court, without notice, for an order letting it or a court-appointed person administer the practice’s property | Act s. 73.1 |
We did not find a requirement to name a designated successor in the Code or the Act. That makes the content of your section 24(3)(y) clause, and whether you can deliver on it, your own responsibility.
What can the College do if a licensee can’t continue?
Section 73.1 of the Act is the fallback when there is no workable plan. To ensure services continue for clients, a court may authorize the College or a person it appoints to:
- enter a place, including a vehicle, where practice property is believed to be, examine anything there and require reasonable assistance, information and access to data;
- seize documents related to a client’s files and transfer them to the client or to another licensee or authorized representative;
- order that property not be dealt with without the court’s leave, or be held in trust;
- require the licensee to account for the property, and provide for the College’s compensation and expenses;
- transfer property to carry on the business or wind up the practice (s. 73.1(3)).
The College may also apply for a former licensee, but not after the sixth anniversary of the day the person stopped being a licensee (ss. 73.1(4), 73.2). Obstructing anyone executing the order is prohibited (s. 73.4). A plan you set up yourself is faster and cheaper for clients than any court process.
What should an RCIC practice continuity plan include?
- A backup licensee. A written arrangement with another licensee in good standing who agrees to step in, triage files and either continue them under new agreements or help clients move. Agree in advance how fees for that work are handled.
- Triggers. What activates the plan (for example, no contact from you for a set number of business days, a medical notice, or a College order) and who decides.
- An emergency contact inside the office. A named staff member who can reach the backup licensee and clients. Staff can keep the office running, but the representation itself should pass to a licensee or other authorized representative, the same people the Act names as recipients of client files in a court order (s. 73.1(2)(a)(v)); see RCIC supervision of staff.
- A live file list. Every open case with the client’s contact details, the application stage and the next deadline, kept current in one system rather than in your head or inbox.
- Access to systems. How the backup gets to the file system and documents without sharing your personal passwords. Do not share your own IRCC portal sign-in; see how accounts work in the IRCC Authorized Paid Representatives Portal guide.
- Client money. Who can deal with the client account at your bank in an emergency, set up with the bank in advance, and where the per-client records are.
- Client notice. A short template letter telling clients what has happened, who to contact and their right to move their file under section 36(3).
Confidentiality still applies to whoever steps in, so state in the plan, and in your agreement, that the backup licensee may see client files only to protect the client’s interests. Have your reviewer confirm this against your confidentiality duties; see RCIC confidentiality and file-keeping duties.
How should you word the section 24(3)(y) clause?
The Code requires an explanation, not a set form of words. A clear clause usually names the arrangement (a backup licensee, by name or by role), says the client will be told promptly, that their documents and information will be protected, and that they can choose to continue with the backup or move to another representative of their choice. Keep it in your template so it appears in every agreement; for the rest of the required contents, see manage retainer agreements.
Test the plan once a year
- Confirm the backup licensee is still in good standing and still willing.
- Check that your file list is complete and every open case has a next deadline.
- Run a short drill: can the backup find a given file and its documents in under an hour?
- Review the bank arrangement and the client notice template.
Multi-branch consultancies should name a backup for each licensee; see the multi-branch immigration consultancy guide. When a plan is used and files move, follow the RCIC client file transfer checklist.
General information about running an immigration practice — not legal advice. Rules change; confirm current requirements with official sources and your regulator.