What does the law count as immigration advice?
The College lists these as ways of providing immigration or citizenship advice:
- "Using publicly available information to advise someone on an immigration matter."
- "Telling someone how best to answer a question on an immigration-related application form."
- "Advising about what additional information someone should include with an application."
- "Writing a covering letter to accompany someone's application."
- "Acting as their representative."
College of Immigration and Citizenship Consultants, "Who needs a licence?"
Section 91 of the Immigration and Refugee Protection Act says no person shall "knowingly, directly or indirectly, represent or advise a person for consideration" in an immigration matter, unless they are a lawyer, a paralegal, a Quebec notary or a College licensee in good standing. On indictment, the penalty is a fine of up to $200,000, up to two years in prison, or both.
May an RCIC hand work to staff or software?
Yes, within limits. Section 38 of the Code says a licensee "may delegate certain aspects of their work to a person who is not a licensee", but must make sure that person gives no advice or representation, and "must supervise and assume professional responsibility for any work done by a person who assists". The College has published no guidance on AI tools (checked October 2026), so the same rules for anyone who assists apply to software.
What happens when staff give advice?
In June 2026 the College's discipline tribunal revoked an RCIC's licence for good and ordered a $25,000 fine. The consultant conceded allowing unlicensed staff to give immigration advice for payment (CICC v Mittal, 2026 CICC 23).
Which Code rules shape the front office?
Status in writing (section 22(3)). The licensee must give the client timely information in writing about the status of the case.
An agreement before the first consultation (section 23(1)). A written consultation agreement comes before any initial consultation with a potential client.
Confidentiality (section 28(1)). All information about a client or former client is kept confidential.
No guarantees (section 44(2)(b)). No marketing may guarantee the success of an application.
Supervision (section 38). Anyone who assists is supervised, and the licensee answers for their work.
A practical line: what an assistant may and must never say
| Topic | It may | It must never |
|---|---|---|
| Who it is | Say it is your office's automated assistant and offer a person | Pretend to be you or a person |
| Booking | Give your office hours, consultation fee and booking; send your consultation agreement | Say whether someone qualifies, their CRS score, or which program fits |
| Forms | Send forms you approved for signature | Explain what a form question means or how to answer it |
| Documents | Send the checklist you approved for that file, chase it, confirm what arrived and when | Add, drop or swap documents, judge a translation, or say a document is good enough for IRCC |
| Status | State the dates you recorded: submitted on, biometrics done on, IRCC asked for something by a date | Predict timing or outcome, or say a file is normal or delayed |
| IRCC letters | Tell you a letter came in and list its date | Interpret a letter, a refusal or a procedural fairness letter |
| Payments | Remind at the dates in the signed agreement | Threaten the file or hold documents for payment |
| Callers | Give file details only to the client or someone the client authorized in writing | Discuss a file with anyone it cannot verify |
How we build to these rules
We build office assistants for immigration consultants that do the logistics and hand every advice question to the licensee, tested in English, Punjabi, Hindi and French before they go live. A written note follows every status call, booking sends the consultation agreement first, and the assistant answers on the phone and email listed on the College's public register.
Questions about the CICC Code and office assistants
- Can an RCIC's receptionist answer client questions?
- About logistics, yes: booking, fees, documents received and dates already recorded. Not about eligibility, programs, forms or what to include; the College lists those as immigration advice.
- Can software or AI talk to an RCIC's clients?
- Nothing in the Code bans it, and section 38 lets a licensee delegate work to people who are not licensees, under supervision. The same limit applies: no advice, no representation, and the RCIC answers for it. The College has published no AI guidance.
- What is the penalty for unauthorized advice?
- Under IRPA section 91, up to $200,000, up to two years in prison, or both, on indictment. The College can also discipline the licensee, as in CICC v Mittal (2026).
- Does a status update have to be in writing?
- Yes. Section 22(3) of the Code asks the licensee to give the client timely information in writing about the status of the case.
- Is an agreement needed before a consultation?
- Yes. Section 23(1) requires a written consultation agreement with a potential client before the initial consultation.
- Can an RCIC promise a visa?
- No. Section 44(2)(b) bars guaranteeing the success of an application.
- Who may hear details of a client's file?
- Section 28(1) keeps all client information confidential. Share details only with the client or someone the client has authorized.
- Is this legal advice?
- No. It summarizes the public text of the Code and the Act as of October 2026. Ask the College or a lawyer about your own practice.
Sources
- Immigration and Refugee Protection Act, section 91
- Code of Professional Conduct for College of Immigration and Citizenship Consultants Licensees, SOR/2022-128 (current to September 30, 2026)
- College of Immigration and Citizenship Consultants, Who needs a licence?
- HRD Canada, CICC v Mittal, 2026 CICC 23 (July 29, 2026)