Rules of Professional
Conduct

Commentary:
An Agent is not a Global Education Specialist and may not represent, advise, or consult with a Client. Any person, either domestic or foreign, assisting Global Education Specialists with obtaining Clients or information regarding Clients, will be deemed to be an Agent.

Commentary:

• Dishonorable or questionable conduct on the part of a Global Education Specialist in either private life or professional practice will reflect adversely on the integrity of the profession and the administration of justice. If the conduct, whether within or outside the professional sphere, is such that knowledge of it would be likely to impair the Client’s trust in the Global Education Specialist, the College may be justified in taking disciplinary action.
• Generally, however, the College will not be concerned with the purely private or extra-professional activities of a Global Education Specialist that do not bring into question the Global Education Specialist’s integrity.
• A Global Education Specialist must abide by any fee dispute resolution of either the College or a court.

Commentary:

• The quality of a Global Education Specialist’s work reflects on the entire profession. While minor errors and omissions do not constitute professional misconduct, a pattern of shoddy work or unprofessional habits may amount to professional misconduct. To avoid claims of professional misconduct, a Global Edcuation Specialist should endeavor:
  • to keep the Client reasonably informed.
  • to answer reasonable requests from the Client for information.
  • to not mislead the Clients as to steps to be taken.
  • to do all work in a professional manner without omissions or mistakes.
  • to not withhold information from the Client or mislead the Client about the position of a matter in order to cover up the fact of neglect or mistake,
  • to make a prompt and complete report when the work is finished, or if a final report cannot be made, failure to make an interim report when one might reasonably be expected.
• A Global Education Specialist will accept only assignments for which he or she is qualified and in which it is believed there may be real benefits to the Client. A Global Edcuation Specialist will recommend that other professionals be retained whenever their special knowledge and skills may be needed by the Client. In particular, a Global Education Specialist has a positive duty to refer a Client to a competent lawyer where the legal issues are complex and require analysis and interpretation of the applicable law by a lawyer, or where the matter clearly requires representation by a lawyer.
• A Global Education Specialist should not undertake representation of the Client before a Ministry, Officer, or Educational Agency of a Country offering Education, Citizenship or Residency unless the Global Education Specialist has the ability and capacity to deal adequately with the matters to be undertaken.
• A Global Education Specialist will act responsibly and with due diligence in the handling of a Client’s case and act within the bounds of the law to obtain the best results possible for the Client in the circumstances.
• A Global Education Specialist may permit an Employee to act only under the supervision of the Global Edcuation Specialist. The extent of supervision will depend on the type of matter, including the degree of standardization and repetitiveness of the matter, and the experience of the Employee generally with regard to the matter in question. The burden rests on the Global Education Specialist who uses his or her Employee to educate the latter concerning the duties that may be assigned to the Employee and then to supervise the manner in which such duties are carried out. A Global Education Specialist should review his or her Employee’s work at sufficiently frequent intervals to enable the Global Education Specialist to ensure its proper and timely completion.

Commentary:

• If a Global Education Specialist utilizes an Agent, the Global Education Specialist is responsible for the activities of the Agent. An Agent includes not only someone who assists the Global Education Specialist but someone who directs clients to a Global Education Specialist or co-markets with a Global Education Specialist.

Commentary:

• A Global Education Specialist has a duty to give the Client competent advice based on sufficient knowledge of the relevant facts, sufficient appreciation and consideration of the applicable law, operational policies and practices, and a Global Education Specialist’s own experience and expertise.
• A Global Education Specialist should avoid overly bold and confident assurances to the Client, especially when the Global Edcuation Specialist’s employment may depend on advising in a particular way.
• A Global Education Specialist must be aware of and refer Clients in appropriate circumstances to services or benefits for which the Client may be eligible.
• A Global Education Specialist should be on guard against becoming the tool or dupe of an unscrupulous Client, Agent, or persons associated with a Client or Agent.
• A Global Education Specialist must exercise due diligence to prevent the commission of an offense with respect to any proceeding or application before a Ministry, Officer, or Agency of a Country offering  Education, Citizenship or Residency.

Commentary:

• A Global Education Specialist owes a duty of confidentiality to every Client whether a casual or continuing Client. This duty survives the professional relationship and continues indefinitely even after the professional relationship has terminated, and regardless of whether there are differences between the Client and Global Education Specialist.
• A Global Education Specialist is forbidden from ever using confidential information for his or her own benefit, for the benefit of a third party, or to the disadvantage of the Client.
• Disclosure of confidential information may be permitted where expressly or impliedly authorized by the Client or where compelled by law or legal process. Disclosure may also be permitted where the fee or conduct of a Global Education Specialist has been called into question by the Client – but, in such cases, disclosure may only be permitted to the extent necessary to defend against such allegations.
• A Global Education Specialist should avoid indiscreet conversations or gossip and should not repeat gossip or information about a Client’s affairs, even though the Client is not named or otherwise identified.

Commentary:

• A conflicting interest is one that would be likely to affect adversely the Global Education Specialist’s judgment or advice on behalf of, or loyalty to a Client or prospective Client.
• Conflicting interests include, but are not limited to, circumstances where the Global Education Specialist and his or her Employees or family members have an undisclosed financial interest in a Client’s affairs, including the receipt of undisclosed commissions, referral fees, or other real or potential benefits.
• In the case where the Global Education Specialist may receive referral fees or commissions from a financial institution or other company which may enter into an agreement with the Client, the Global Education Specialist shall disclose that he or she may receive fees or commissions and should encourage the Client to receive independent legal advice on any contract or agreement the Client may be entering into with said financial institution or company.
• A conflict also exists where a Global Education Specialist acts for more than one Client and must favor the interest of one Client to the material detriment of another.
• A Global Education Specialist who practices in association with, or in partnership with, a lawyer is obligated to abide by the professional standards ascribed to by these rules.
• This rule requires adequate disclosure to enable the Client to make an informed decision about whether or not to have a Global Education Specialist act for him or her despite the existence or possibility of a conflict of interest.
• Generally speaking, in disciplinary proceedings arising under this rule the Global Education Specialist will have the burden of showing good faith and that adequate disclosure was made in the circumstances and that the Client’s consent was obtained.

Commentary:

• With respect to the Client’s money paid on account of services to be rendered, or on account of disbursements, a Global Education Specialist should maintain a proper Trust account and adequate records so that at any time the Global Education Specialist may promptly account for and if necessary deliver such property to the Client.
• It is generally improper for a Global Education Specialist to withhold from the Client immigration documents or other valuable property held on behalf of the Client as collateral for an unpaid debt.

Commentary:
A Global Education Specialist as advocate must fearlessly raise every issue and advance every argument in advancing the Client’s interests, but must do so fairly and honourably, without illegality, and in a manner consistent with the duty to treat Officials, and other practitioners with candour, fairness, courtesy and respect, and must abide by the procedural rules of the Ministry, Officer or Educational Agency.

• The duty to fearlessly raise every issue and advance every argument is limited by the concurrent duty of a Global Education Specialist to not abuse any Education, immigration or tribunal process by pursuing manifestly unfounded or spurious applications or claims.

Commentary:

• Clients must be advised, in writing, of the internal complaint procedure available to them.
• The retainer agreement must provide the Global Education Specialist’s complete contact information, and include all details required for the complaint to be processed, as well as the specified timeframe for the Global Education Specialist to respond.
• The Global Education Specialist must keep records of complaints from Clients; and be able to demonstrate to the College whether a resolution was achieved; how it was resolved; and/or reasons why the matter could not be resolved.

Commentary:

• Factors to be considered when determining whether a fee is fair and reasonable in the circumstances include: the nature of the services to be performed; the time required; the Global Education Specialist’s experience, ability, and the degree of responsibility assumed; and the benefits that accrue to the Client.
• The Global Education Specialist must not receive hidden fees or commissions or other remuneration arising out of his or her representation of the Client unless possible receipt of the same has been disclosed in the retainer agreement or engagement letter.
• Contingent fees can be appropriate, where the terms are fully disclosed in writing and understood by the Client.
• A Global Education Specialist is not to hold money for a Client, aside from fees necessary to process the Client’s application or filing fees for a proceeding. In particular, a Global Education Specialist must not take possession of money that the Clients are required to expend for any qualifying program.
• A Global Education Specialist must issue receipts, proper statements of account, and retain proper records for the safeguarding of, and timely reporting to the Client with respect to payments received or funds held in trust.
• Breaches of this rule and misunderstandings about fees and financial matters bring the profession into disrepute. The Global Education Specialist must try to avoid such conflicts and must be prepared to explain the basis of charges, especially if the Client is unsophisticated or uninformed about the proper basis and measurement for fees. Furthermore, the Global Education Specialist is under a positive duty and should either in the retainer agreement or engagement letter, or upon an issue with respect to fees arising, must advise the Client in writing that a procedure exists for reviewing the account on behalf of the Client by the College.

Commentary:

• Unfairness to the Client will depend on the circumstances of each case, but will normally include consideration of whether the severance or withdrawal will:
  • occur at a stage in the proceedings where the Client will have to retain another Global Education Specialist to do the same work, or part of it, again.
  • leave the Client with insufficient time to retain another Global Education Specialist.
  • give the newly retained Global Education Specialist insufficient time to prepare to represent the Client.
• The improper purpose will depend on the circumstances of each case, but will include severance or withdrawal in order to:
  • delay any proceeding or application before a Ministry, Officer or Education Agency of a Country.
  • assist the Client in effecting an improper purpose.

Commentary:

• Example of “purported special access or influence” includes but is not limited to; pictures with or letters received from employees or Education officials.
• Use of the term “guarantee” when describing services or fees is inappropriate and must be avoided. Wording such as “refund policy” or reference to contingent fee arrangements, if factual and supported in writing in a retainer agreement or engagement letter, may be appropriate.
• A Global Education Specialist has a positive duty to promote the Society and Rules, and to prevent the unregulated practice and is encouraged where appropriate to educate the public at large regarding the College and the regulatory system and safeguards with respect to Global Education Specialists.
• Former government officials currently acting as Global Education Specialists must take special care to ensure representations regarding their qualifications and past employment are strictly factual, and must not promote the notion that they may have special access or influence since any suggestion of special access or influence regarding the education or immigration process brings the integrity of the education or immigration process into disrepute.
• A Global Education Specialist shall clearly distinguish his or her own credentials from those of a lawyer licensed to practice law in any province/territory/country, and shall not refer to any foreign credential or in any other way make representations that may reasonably lead to a misapprehension that the Global Education Specialist is a lawyer, provides legal services or has credentials as a lawyer when that is not the case. Unless that person is, in fact, a lawyer in good standing of that specific jurisdiction.

Commentary:

• The term “outside interest” covers the widest range of activities such as, but not limited to: real estate agent; mortgage broker; financial advisor; tax specialist; and accountant. Where the outside interest is not related to the services provided as a Global Education Specialist, then there will likely be no issue of concern. However, there will be a concern if the outside interest compromises the Global Education Specialist’s competency, either because a conflict with a Client’s interest or because too much time is spent on the “outside interest” resulting in a lack of attention to or preparation in a particular matter or in the failure to maintain professional standards.

Commentary:

• Electronic harassment is the act of harassing an internet user or group of users by sending the user or group of users unsolicited email messages of an abusive, offensive, intrusive, unprofessional, or unwanted nature.
• This form of harassment may also occur through the use of spam. Email spam targets individual users with direct mail messages from address lists that are created by appropriating or stealing internet mailing lists or by searching web pages, list serves, and forums for addresses.
• A message becomes harassment when the recipient has asked the sender to cease contact and the sender refuses or fails to honor the request of the recipient not to receive the electronic mail and/or messages in the future.