RCIC supervision of staff is governed by section 38 of the CICC Code of Professional Conduct. Anyone who helps you deliver immigration or citizenship consulting services must be of good character, receive a copy of the Code and know it, and do nothing that would breach the Code if you did it. You must supervise their work, take professional responsibility for it, and never let them give advice or representation that only licensed people may give.
- Section 38 makes the licensee responsible for all work done by anyone who assists, with supervision suited to the task.
- Every assistant must be of good character, receive a copy of the Code and know its contents.
- Staff and agents may support a file but must not give advice or representation reserved by IRPA s. 91.
- Name the people likely to assist in each service agreement and state that you will supervise them.
- Unlicensed staff must not use consultant titles or present themselves as licensees.
Most consultancies are more than one person: a receptionist books consultations, a calling team follows up leads, a filing team prepares forms and checklists, and agents may bring in clients. The CICC Code lets you delegate this work, but the licensee stays responsible for all of it. This guide sets out what the rules say and turns them into a supervision routine for your team.
The rules quoted come from the Code of Professional Conduct for College Licensees (SOR/2022-128), the College of Immigration and Citizenship Consultants Act and section 91 of the Immigration and Refugee Protection Act on Justice Laws, all checked 5 November 2026 (current to 19 October 2026). Where we apply a rule to a specific task, that is our practical reading, not College guidance.
What does CICC Code section 38 require?
Section 38 is the Code’s main provision on people who assist a licensee. It has three subsections:
| Duty | What it means for your team | Code |
|---|---|---|
| Anyone who assists must be of good character | Check references and background before someone touches client files | s. 38(1)(a) |
| They receive a copy of the Code and are familiar with it | Give every new hire the Code and record the date they confirmed reading it | s. 38(1)(b) |
| They do nothing that would breach the Code if you did it | Confidentiality, advertising and conflict rules apply to staff work too | s. 38(1)(c) |
| You supervise and take professional responsibility for their work, with supervision adequate for the type of work | Riskier tasks need closer review before they reach the client or IRCC | s. 38(2) |
| You may delegate aspects of your work to non-licensees, but they must not provide representation or advice in breach of IRPA s. 91 or Citizenship Act s. 21.1 | Staff support the file; the licensee advises and represents | s. 38(3) |
What can unlicensed staff do, and what stays with the licensee?
Section 91(1) of the Immigration and Refugee Protection Act says no person may knowingly, directly or indirectly, represent or advise a person for consideration, or offer to do so, in connection with an expression of interest or a proceeding or application under the Act. Section 91(2) exempts lawyers and notaries in good standing, other law society members such as paralegals, and members in good standing of the College. Section 77(c) of the College Act sets out the same limit for non-licensees.
The Code does not list which tasks can be delegated. A practical way to split the work, for your reviewer to confirm:
| Usually suitable to delegate, with supervision | Keep with the licensee |
|---|---|
| Booking consultations and sending the consultation agreement | Assessing a client’s options and giving advice on them |
| Sending document checklists and chasing missing items | Deciding which program or strategy to pursue |
| Data entry and preparing draft forms from client answers | Final review of forms and submissions before they go to IRCC |
| Status updates that report facts already on the file | Answering “what should I do?” questions from clients |
| Invoicing and payment reminders | Responding to IRCC procedural fairness letters and other substantive correspondence |
Give staff a script for the moment a client asks for advice: note the question, tell the client the licensee will answer, and create a task for the licensee.
Do clients have to be told who is helping on their file?
Yes. The service agreement must include a statement that you will adequately supervise anyone who assists you, and the names of the people likely to assist (s. 24(3)(d) and (e)). If you bring in another individual for services you are not competent to provide, section 20(2) requires you to disclose that arrangement and the person’s name to the client in writing. Section 28(2)(e) allows you to share client information with a person who assists you, so staff can work on the file within your confidentiality duty.
Build the names into your agreement template and update the agreement in writing, as section 24(5) requires for amendments, when the team on a file changes. See manage retainer agreements for the full list of service agreement contents.
Agents who find clients for you
Section 13(1)(a) prohibits offering an inducement for recommending or referring clients. The exception in section 13(2) is an agent who solicits clients for you, provided you register the agent’s name with the College in advance. Because section 38 covers anyone who assists in providing your services, treat registered agents like staff: give them the Code, check what they say in marketing, and make sure they never advise prospects on their options. The RCIC advertising rules apply to what agents publish for you.
Can staff call themselves immigration consultants?
No. Section 77 of the College Act says a person who is not a licensee must not use the title “immigration consultant”, “citizenship consultant” or “international student immigration advisor”, or a variation or abbreviation, in a way that leads to a reasonable belief that they are a licensee, and must not represent themselves as a licensee. Under section 78, the College can apply to a court for an injunction. Check email signatures, business cards, LinkedIn and WhatsApp business profiles.
A supervision routine for an immigration consultancy
- Before day one. Check references and character, give the new team member the Code, and record that they have read it.
- Access by role. Give each person only the leads, cases and modules their job needs, and remove access the day they leave.
- Written instructions. Hand off each file with a memo saying what the assistant should do and what to send back to you.
- Review before it leaves. Review forms, letters and submissions before they reach the client or IRCC. The higher the risk, the closer the review (s. 38(2)).
- Advice questions go up. Staff log client questions that need advice and assign them to the licensee.
- Names in agreements. List likely assistants in every service agreement and amend in writing when they change.
- Periodic check. Each quarter, sample a few files per team member and note what you reviewed.
For teams spread across offices, the multi-branch immigration consultancy guide covers role design and data separation. Supervision failures can now lead to larger penalties under the CICC regulations 2026, and the related confidentiality and record duties are summarized in RCIC confidentiality and file-keeping duties.
General information about running an immigration practice — not legal advice. Rules change; confirm current requirements with official sources and your regulator.