U.C.I.C.A. UNITED CITIZENSHIP AND IMMIGRATION CONSULTANTS ASSOCIATION 

Planned or Unplanned Absence Services (system)

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UCICA Offers a comprehensive solution to comply with the following regulatory requirements. 

Effective January 18, 2018, all RCIC will be required to not only comply with Planned or Unplanned Absence regulations but later will be audited to have arranged and implemented over 22 components of this new mandatory requirement. RCIC will be required to provide evidence having all components covered as well as a system in place to practically implement the same at a very high standard. If member doe snot complies with these mandatory requirements, the regulator will enforce following: 

"11.1 A Member who breaches this Regulation shall be subject to the following penalties: 

a) For a first offence, written warning with direction to correct deficiency within thirty (30) calendar days. 

b) For a second offence or subsequent offence, $100.00 per incident. 

c) Failure to correct deficiencies within thirty (30) calendar days or pay fines is subject to suspension and ultimately revocation. 12. IMPLEMENTATION OF THIS REGULATION 12.1 

This Regulation comes into force as of January 1, 2018"

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UCICA Services for RCICs

UCICA is offering services to assist all RCIC to meet these requirements so that they may concentrate on their business and let us handle this difficult task. And most importantly a complete system to manage, maintain and to automatically implement a protocol  assisting the member to protect the public and their license by avoiding a non compliance issue.

The UCICA system: 

Once the public or member has reported an incident covered in this program, UCICA will automatically initiate a systematic protocol in the following manner:

  • The UCICA manager will document the incident in an online customized case management system.
  • The UCMS (UCICA Case Management System) will enable all parties to connect and engage in a systematic process for live interactive secure communication allowing exchange and transfer of files, documents and messages electronically without unnecessary delay and geographic limitation. (Internet and a working computer is required to use this system.)
  • If the member does not have a peer member to nominate as a designated Representative,  UCICA will provide each member subscribed to this program various teams (names) of authorized representatives covering all geographical regions in Canada and internationally. Each team will consist of two-three reputable, experienced, competent authorized representatives to act as designated individuals for the given purpose.
  • UCICA will run a conflict check in its system to assure no related issue between the parties before engaging in such relationship for a given purpose.
  • UCICA will assist members to complete forms and documents required by the regulator to comply with the regulations.
  • UCICA will provide escrow service to keep the contracts and agreement between the parties in its secure UCMS system/servers. Available for all parties to access and apply when needed 24/7 online.
  • In case of termination or withdrawal of agreement between representatives, UCICA will provide an alternate name to maintain the current status. UCICA will inform all parties of such change automatically, including the regulatory body on the request of member(s) on that account.
  • UCICA will ensure and maintain a high level of privacy protection and confidentially at all times.
  • UCICA will provide in-house practical training and education on an ongoing basis to all members to understand the system and program for the best interest of the public.
  • The UCICA manager will also be responsible to provide a copy of the UCMS in PDF format to the members involved or the regulatory body with the consent of the parties involved.
UCICA will not be responsible for any financial transaction or arrangement between the parties related to retainer or representation on a matter. This will be the responsibility of the designated authorized representatives.

Regulatory Requirements and Background

RCICs who own an immigration/citizenship consulting practice (e.g., sole proprietorship, corporation, etc.) are required to comply with certain mandatory arrangements in case of their Planned or Unplanned Absence due to any reason(s).

"The purpose of this Regulation is to outline the requirements for Members to implement a Planned or Unplanned Absence from their immigration/citizenship consulting practice so as not to prejudice their Clients." ICCRC

All members must follow related regulations introduced by the ICCRC. This Regulation is enacted pursuant to section 3.1 and 42.1 of the By-law of the Council.

Planned or Unplanned Absence Regulation

"4.3 A Member working as a salaried employee is not required to adhere to this Regulation. 

4.4 A Member shall create and maintain a Contingency Plan to address what will occur with his/her practice in the event of a Planned or Unplanned Absence...

4.5 A Member shall designate one or more Authorized Representative(s) and/or a Responsible Person, as required, who will be the primary contact for the Client and the Council in the event of a Planned or Unplanned Absence. 

4.6 A Member shall provide the Registrar with a Designation of an Authorized Representative or Responsible Person Form (Designation Form), which is dated and signed by both parties, containing the contact information (including the name, primary and secondary address, telephone number and e-mail address)..

4.9 A Member shall update the Registrar within fifteen (15) calendar days if there are any changes to the contact information of the Authorized Representative(s) and/or Responsible Person. 

4.10 A Member shall develop a Business Continuity Plan to deal with events that would stop normal office processes as a result of either routine or dramatic events such as, natural disasters, extreme weather conditions, prolonged power or communication failure, robbery or criminal activity, civil unrest, terrorist acts, etc. 

6.1 A Member who is suspended by the Council shall designate an Authorized Representative who will assume the responsibility of the practice for the duration of the suspension period. 

8.1 A Member shall include in the Retainer Agreement a clause stating that in the event the Client is unable to contact the Member and has reason to believe the Member may be dead, incapacitated, etc., the Client should contact ICCRC." ICCRC

General Incident reporting and service protocol

Once the incident (absent/leave/change) is reported by any representative or the client has failed to communication with the representative and contact UCICA pursuant to retainer agreement clause the following procedure will automatically be adopted as soon as possible.

  1. The UCICA manager will contact the client as soon as possible via phone or email and provide an update on the status of his/her request and information to connect with the system or other means for the required support/service.
  2. The UCICA manager will contact the RCIC on record and his/her designated authorized representative(s) simultaneously to coordinate and contact the client and to provide information to connect via UCMS.
  3. The UCICA manager will constantly monitor the communication and service process according to the required policy and will assist all parties on demand.
  4. The UCICA manager will keep this service channel open until the client is satisfied and the matter is closed according to the specific regulations.
  5. There is no limit on the number of matters or incidents reported during the subscription period.
  6. UCICA will keep the UCMS record for related incidents for six years from the date it was closed.

Service for the public:

  1. If the incident is reported via this system and under this regulatory scheme, UCICA will provide the public access to all information and resources pursuant to the given “regulations” as well as services as mentioned in UCICA Services for the public, on a no-fee basis to the public.
  2. UCICA does not charge fees for any service or representation directly or indirectly to the client.
  3. Any fee or service/representation arrangement will be/is made between the public and their respective authorized representative.
  4. Members of the public may invoke UCICA’s independent programs via this link at any time, and UCICA will make separate arrangements to protect the public via the given program. Use this link for other programs at your service.

Limitations and basic policy disclosure:

  1. UCICA service under this program is not contingent on ICCRC requirements or regulations; rather it is to protect the public interest and to facilitate its members/subscribers in any current or new regulatory system.
  2. This program does not require any approval from the regulatory body or has been recommended by the council in such capacity.
  3. There is no limit on number of matters or incidents reported during the subscription period.
  4. Upon expiry of subscription or end of service due to any reason, UCICA will provide all parties a copy of records in PDF format via email at no extra cost for their record keeping.
  5. UCICA will not keep the record any data beyond the service expiry date unless it is renewed for the next term.

How can UCICA assist members to comply with the above mandatory sections of the regulations?

 UCICA in association with an authorized representative and third party consulting organizations has made arrangements for all members to satisfy the above specific sections of the ICCRC regulations in the following manner: 

Service cost UCICA member or Non-member (RCIC): 

Basis Level: CAD 300 or CAD 468 Respectively  per year (Only above sections of the regulations covered)

  1. To satisfy the effect of section 8.1 against the member is a likely situation.  UCICA will provide a draft of a legally worded clause to add in a retainer agreement asking the client to contact a designated service center or UCICA office before calling the regulatory body. This may protect the member from having a record of such reported incident with the regulatory agency .
  2. If the client calls the UCICA, the entire process can be handled professionally and a systematic procedure can be invoked to satisfy the client and engage all parties to take action before the client calls the regulatory body. If the member wish to have UCICA office deal with the situation as designated third party according to recommended clause in the retainer and before calling the regulatory body.
  3. Will provide an access to an online secure case management system for all parties involved to communicate in live interactive mode and collaborate in real-time for faster, secure and timely response.
  4. Document all incidents during valid subscription period and maintain a record for future reference.

Comprehensive Level: CAD  180 or CAD 348 per year.  (All sections of the regulations covered)

  1. Will provide draft copies of all Contingency Plan, letters, agreements, declarations and other information to satisfy specific regulations 
  2. Will provide or designate one or more Authorized Representative(s) and/or a Responsible Person, to satisfy authorized representative 
  3. To satisfy the effect of section 8.1 against the member in a likely situation.  UCICA will provide a draft of a legally worded clause to add in a retainer agreement asking the client to contact a designated service center or UCICA office before calling the regulatory body. This may protect the member from having a record of such reported incident with the regulatory agency 
  4. If the client calls the UCICA, the entire process can be handled professionally and a systematic procedure can be invoked to satisfy the client and engage all parties to take action before the client calls the regulatory body. If the member wish to have UCICA office deal with the situation as designated third party according to recommended clause in the retainer and before calling the regulatory body, This may protect the member from having a record of such reported incident with the regulatory agency 
  5. This paid service for members may assist all RCICs to avoid enforcement of section 11.1. 
  6. Based on the type of incident, UCICA will monitor the entire process and may serve / file required documents to all parties on behalf of the applicant or the authorized representative.
  7. Will provide an access to an online secure case management system for all parties involved to communicate in live interactive mode and collaborate in real-time for faster, secure and timely response.
  8. Document all incidents during valid subscription period and maintain a record for future reference.
  9. Free in house independent confidential legal counseling and ADR service to resolve minor issues between the parties.
  10. Assistance in regulatory audit concerning Planned or Unplanned Absence regultaions

How to apply:

  • Registration for this program may start from November 30, 2017. 
  • If you are a registered UCICA member, simply click on the following link to apply for required service for fee.
  •  If you a non-UCICA RCIC and wish to subscribe, use the following form to apply. Once your information is verified, you will have access to the secure web page for required documents and procedures. (Please allow 12–24 business hours to process your application).

*With paid subscription 

Definitions:

Parties include the following:
  • Member RCIC on record, 
  • Designated Authorized RCIC, 
  • The Client of RCIC on record with retainer agreement.
  • Service(s):  Planned or Unplanned Absence Compliance Support Services
  • Service standard: 24/48 Business hours

U.C.I.C.A. UNITED CITIZENSHIP AND IMMIGRATION CONSULTANTS ASSOCIATION 

"U.C.I.C.A." is a Canadian non-profit organization. 

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