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Planned or Unplanned Absence Course

Workbook

Version: 2018-001 Last Modified: January 18, 2018

©2018 Immigration Consultants of Canada Regulatory Council. No part of this publication may be used or reproduced in any manner whatsoever without the prior written permission of the Council, except in the

case of non-commercial use of brief quotations accompanied by proper citation.

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Table of Contents

Glossary of Terms ............................................................................................... 3

Module 1: Planning for an Absence .................................................................... 5

Module 2: Business Continuity Planning .......................................................... 15

Appendices Appendix A: Resource List…………………………………………………………………………….18 Appendix B: Release Form…………………………………………………………………………....21 Appendix C: Designation Form………………………………………………………………………22

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Glossary of Terms

NOTE: The following terms are used in the Planned or Unplanned Absence course materials and are defined below based on how they are used in the course. Consulting Practice Will

A document that leaves instructions about what you want done with your consulting practice in the event of your death.

Essential Services The main tasks/activities performed on behalf of a client in fulfillment of the retainer

agreement and without which the quality of service to the client would be compromised. Impact Analysis

The process of analysing tasks/activities and the effect that the business disruption might have upon them.

Multiple Owners

More than one RCIC owns the consulting practice and has decision-making abilities and first right to profit (e.g., partnership or shareholders of a corporation, etc.).

Office Procedure Manual

A document containing the step-by-step sequence of activities required to complete a specific task within the consulting practice.

Power of Attorney

A legal document that you sign to give at least one other person the authority to manage your money and property on your behalf.

Risk Assessment

Determining the events that can adversely affect a consulting practice, damage that such events can cause, the time needed to restore normal operations and the controls which may decrease the possibility of impact.

Sole Owner

Only one RCIC owns the consulting practice and has decision-making abilities and first right to profit (e.g., sole proprietorship, corporation, etc.).

Succession Planning

The process of transitioning the ownership and management of the consulting practice to another Authorized Representative.

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Works consulted: Government of Alberta. (2014). Business Continuity Guide. Retrieved from

http://www.aema.alberta.ca/documents/Business_Continuity_Guide_2014_-_Final.pdf BusinessDictionary. (2017). Retrieved from http://www.businessdictionary.com Government of Canada. (2016). What every older Canadian should know about: Powers of attorney (for financial matters

and property) and joint bank accounts. Retrieved from https://www.canada.ca/en/employment-social-development/corporate/seniors/forum/power-attorney-financial.html

Government of Canada. (2010). Why is it important to have a will? Retrieved from http://www.aadnc- aandc.gc.ca/eng/1100100032530/1100100032532

Investopedia. (2017). Retrieved from http://www.investopedia.com/terms/s/succession-planning.asp LawCom. (n.d.). Retrieved from http://dictionary.law.com

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Module 1: Planning for an Absence ICCRC’s Requirements for Planned or Unplanned Absences Instructions:

a. Locate your assigned absence in the “Planned/Unplanned Absence” column in the chart below. b. Review any ICCRC requirements from other Regulations and sources, which may already be

listed under the column “ICCRC Requirement”. c. Review the Planned or Unplanned Absence Regulation (PUA Regulation) to determine what

additional steps you are required to take and list all of these requirements in the chart below under the column “ICCRC Requirement”. (The first three types of planned/unplanned absences have been completed in the chart below, as examples.)

d. Share your findings with your “staff” (i.e., the whole group) so as to educate them on ICCRC’s requirements.

Planned/Unplanned Absence ICCRC Requirement

1. More or less than 30 days of planned/unplanned absence or travel outside of the country in which the RCIC resides and/or works, during which time the RCIC intends to discharge the usual duties of his/her consulting practice

• Conduct client matters in accordance with the Code of Professional Ethics and associated Regulations (s.4.2, PUA Regulation)

2. Less than 30 days of planned/unplanned absence or travel outside of the country in which RCIC resides and/or works, during which time the RCIC does not intend to discharge the usual duties of his/her consulting practice

• Conduct client matters in accordance with the Code of Professional Ethics and associated Regulations and ensure that Client interests are protected in the event of a Planned or Unplanned Absence from the consulting practice (s.4.2, PUA Regulation)

3. Revocation

• Refrain from taking on new clients. Notify existing clients that you cannot continue to represent them for payment and either return any outstanding work/money to your clients or transfer your clients to another authorized representative (Final Notice Pending Revocation and Revocation Notice)

• Retain client files in a secure and accessible location for a minimum of six (6) years after the file has been closed

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(s.7.2, Client File Management Regulation)

• Conduct client matters in accordance with the Code of Professional Ethics and associated Regulations and ensure that Client interests are protected in the event of a Planned or Unplanned Absence from the consulting practice (s.4.2, PUA Regulation)

4. Official leave of absence for:

• Family reasons

• Medical reasons

• Full-time studies

• Working for government

• Unemployment or travel outside of the country in which RCIC resides and/or works for more than 30 days, during which time the RCIC does not intend to discharge the usual duties of his/her consulting practice

• Notify all clients and have their immigration/citizenship file returned to the client or transferred to another Authorized Representative (s.7.1.a, RCIC Leave of Absence Regulation)

• Maintain a working client account in accordance with the Client Account Regulation (s.7.1.f, RCIC Leave of Absence Regulation)

5. Voluntary Closure of Consulting Practice

• Notify all clients and have their immigration/citizenship file returned to the client or transferred to another Authorized Representative (s.7.1, RCIC Leave of Absence Regulation)

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• Close all client files (return them to the client or transfer them with the client’s permission to another authorized representative) (s.4.1.c, RCIC Resignation Regulation)

• Close all client account(s) with all unearned monies being settled (s.4.1.d, RCIC Resignation Regulation)

• Provide the required statutory declaration (s.4.1.e, RCIC Resignation Regulation)

• Close client files (s.7, Client File Management Regulation)

• Retain client files in a secure and accessible location for a minimum of six (6) years after the file has been closed (s.7.2, Client File Management Regulation)

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6. Suspension

• Refrain from taking on new clients and notify existing clients that you cannot continue to represent them for payment and either return any outstanding work/money to your clients or transfer your clients to another authorized representative (Final Notice Pending Suspension and Suspension Notice)

7. Incapacity Means the Member becomes incapable of discharging the usual duties of his/her immigration/citizenship consulting practice and meeting his/her obligations under the By-law, Regulations or the Code of Professional Ethics, by reason of physical or mental illness, condition or disorder, following determination of the Review Committee (s. 42.1 and 42.3, By-law 2017-1; s.3.2.l, PUA Regulation)

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8. Missing Person Means an individual who is assumed to be alive and who has been reported to, or by police, whose whereabouts are unknown despite reasonable efforts having been made to locate the person (s.3.2.n, PUA Regulation)

9. Death

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Impact of Planned or Unplanned Absence Regulation Instructions: Use the visual organizer below to describe the impact of the Planned or Unplanned Absence Regulation on the retainer agreement, the agent agreement, client property and the client file, the client account and the Code of Professional Ethics.

Client Property and Client File

Planned or Unplanned

Absence Regulation

Agents Agreement

Client Account

Code of Professional Ethics

Retainer Agreement

Section 8.1 – Include a clause stating that in the event the client is unable to contact the RCIC and has reason to believe the RCIC may be dead, incapacitated, etc., the client should contact ICCRC

Section 9.1 – Notify the Authorized Representative/Responsible Person of the obligations under CFM Regulation

Section 9.2 – Complete a Release Form with the client prior to transferring client property

Section 10.1 – Include the contact information

of the Authorized Representative/Responsible

Person, who will take over files, how client

property will be transferred, how outstanding

fees for services will be paid, how agent

agreement will be terminated

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Planned Absence from Consulting Practice Video

1. You just received word that you have been accepted to volunteer abroad with refugees. Internet

access will be very limited. You leave next month for a six-week placement. What steps do you

need to take between now and then to ensure that your consulting practice is well managed while

you are away? (Describe the steps below.)

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

2. What lessons can you learn from the RCIC’s experience, which you might apply to your own

consulting practice in the event of a planned absence? (List the lessons below.)

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Unplanned Absence from Consulting Practice Video

1. You are in a severe car accident, which renders you unconscious for two weeks and unable to

move/speak for another four weeks. How would you rate the impact of such an absence on your

consulting practice (e.g., office processes and client files)? (Check one of the options below.)

□ Minimal to no impact

□ Some impact

□ Significant impact

□ Severe impact

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2. What lessons can you learn from the experience with an unplanned absence, which you might

apply to your own consulting practice in the event of an unplanned absence? (List the lessons

below.)

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Contingency Planning Instructions: Complete the chart below by responding with Y/N (Yes or No) to the questions in the first column. Then, indicate with a checkmark (√) the gaps with respect to your contingency planning. Lastly, indicate your goals for addressing each gap, including the concrete steps you will take and the timeline for completing these steps.

Contingency Plan Parts Y/N Gap? (√)

Goals for Addressing Gaps (concrete steps and timeline)

Part A—Emergency System

Do you have a system for addressing emergencies that may arise on client files in the event of a planned or unplanned absence from your consulting practice? (s.4.4.a, PUA Regulation)

Part B—Office Procedures

Are your office procedures up-to-date? (s.4.4.b, PUA Regulation)

Are your office procedures (e.g., how client files are created/stored/closed/destroyed, what reminder systems are used, methods of communicating with clients, billing processes, etc.) documented? (s.4.4.b, PUA Regulation)

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Contingency Plan Parts Y/N Gap? (√)

Goals for Addressing Gaps (concrete steps and timeline)

Are your office procedures easily accessible to your Authorized Representative/Responsible Person? (s.4.4.d, PUA Regulation)

Part C—Information on Consulting Practice

Have you documented information on your consulting practice (e.g., location of and access to: active and closed client files, current list of active clients, bookkeeping records such as current client liability account and client list, important contacts such as accountant and landlord, software and technology used, etc.)? (s.4.4.c, PUA Regulation)

Is this information accurate and up-to-date? (s.4.4.c, PUA Regulation)

Is the information on your consulting practice easily accessible to your Authorized Representative/Responsible Person? (s.4.4.d, PUA Regulation)

Part D—Facilitation of Authorized Representative

Have you taken steps to facilitate the stepping in of an Authorized Representative/Responsible Person (e.g., created a checklist for maintaining the operation of the consulting practice, confirmed the financial institution’s requirements for allowing an Authorized

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Contingency Plan Parts Y/N Gap? (√)

Goals for Addressing Gaps (concrete steps and timeline)

Representative to access the client account, ensured that sufficient funds are available to cover office expenses for a period of time, etc.)? (s.4.4.d, PUA Regulation)

Part E—Notifying the Council in Event of Incapacitation

Do you have a process to appropriately notify the Council in the event of incapacitation or other medical condition(s) so an appropriate leave of absence from practice may be sought? (s.4.4.e, PUA Regulation)

Does this process include notifying the Registrar of the contact information of the Authorized Representative/ Responsible Person? (s.4.4.e, PUA Regulation)

Part F—Notifying the Council in Event of Death/Missing Person Declaration

Do you have a process to appropriately notify the Council in the event of death or a missing person declaration? (s.4.4.f, PUA Regulation)

Does this process include notifying the Registrar of the contact information of the Authorized Representative/ Responsible Person? (s.4.4.f, PUA Regulation)

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Contingency Plan Parts Y/N Gap? (√)

Goals for Addressing Gaps (concrete steps and timeline)

Contingency Plan Review

Do you have a review process and timeline in place, whereby you look over your Contingency Plan and make appropriate updates?

Module 2: Business Continuity Planning

Routine or Dramatic Event Video

1. There is a forced evacuation and you are unable to return to your home and/or office for four

weeks. How do you rate your current level of preparedness to manage your consulting practice?

(Check one of the options below.)

□ Exceptionally well prepared

□ Mostly prepared

□ Somewhat prepared

□ Not at all prepared

2. What lessons can you learn from the RCIC’s experience, which you might apply to your own

consulting practice in the event of a dramatic event?

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

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Group Activity—Risk Assessment Instructions:

a. Read the “Consulting Practice Profile”. b. Work together to assess the “Likelihood” and “Impact” of the five (5) risks (as identified in the “Risk Assessment Table” below) on

the Consulting Practice. c. Rank the five (5) risks in order of priority (1 being the highest likelihood and impact).

Consulting Practice Profile:

• Small-medium practice—sole proprietorship, 40 active client files, handles express entry and LMIA applications

• 1 full-time administrative staff on payroll

• Office space rented in commercial building in downtown [insert name of agreed-upon city; suggestion = location of majority of RCICs in group]

Risk Assessment Table

Key: VH: Very High M: Moderate 1: Highest Priority H: High L: Low 5: Lowest Priority

Risk Description Likelihood (VH-L)

Impact (VH-L) Priority (1-5)

1. Disruption of phone/internet service

2. Administrative staff quits without notice

3. IT infrastructure malfunction due to a virus—resulting in compromised and lost data

4. Natural disaster [select an appropriate disaster, based on agreed-upon office location]

5. Terrorist act in or near agreed-upon office location

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Instructions (cont’d):

d. Then, focus on the highest risk and list the “Preventative Actions” you would take as well as the short and long term “Business Continuity Plans” you would put in place for this Consulting Practice.

Prioritized Risks (#1 and #2) Preventative Actions Business Continuity Plans (short term and long term) #1

#2

This text is an extract from the Guide to Practice Management for Small- and Medium-Sized Practices, Third Edition of the SMP Committee, published by the International Federation of Accountants (IFAC) in December 2012 and is used with permission of IFAC. Contact Permissions@ifac.org for permission to reproduce, store or transmit, or to make other similar uses of this document.

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Appendix A

Resource List

Contingency Planning/Business Continuity Planning

BDC — Business Continuity Planning Guide https://www.bdc.ca/en/Documents/businesscontinuityplanning/Pandemic-e.pdf

Government of Canada, Canada Business Network—Risk Management http://canadabusiness.ca/managing-your-business/day-to-day-operations/protecting-your-business/risk-management/

BDC —8 steps for planning your emergency and disaster plan https://www.bdc.ca/en/articles-tools/business-strategy-planning/manage-business/pages/business-continuity-8-steps-building-plan.aspx

Government of Canada, Canadian Centre for Occupational Health and Safety—Emergency Planning http://www.ccohs.ca/oshanswers/hsprograms/planning.html

CPM—Online Vendor Directory: Business Continuity Software http://www.contingencyplanningguide.com/category/business-continuity-software

Government of Canada, Get Prepared— Emergency management organizations https://www.getprepared.gc.ca/cnt/rsrcs/mrgnc-mgmt-rgnztns-en.aspx

Government of Alberta—Business Continuity Guide http://www.aema.alberta.ca/documents/Business_Continuity_Guide_2014_-_Final.pdf

Government of Canada, Public Safety Canada – A Guide to Business Continuity https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/bsnss-cntnt-plnnng/index-en.aspx

Government of Canada, Canada Business Network—Business Continuity Planning http://canadabusiness.ca/business-planning/business-continuity-planning/

Vancouver Biz Continuity Plan http://vancouver.ca/files/cov/Emergency-Business-Continuity-Plan-Template.pdf

Government of Canada, Canada Business Network—Insurance for your Small Business http://canadabusiness.ca/managing-your-business/day-to-day-operations/protecting-your-business/insurance/insurance-for-your-small-business/

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Estate Planning (Wills, Power of Attorney)

Chartered Professional Accountants—Estate Planning https://www.cpacanada.ca/en/the-cpa-profession/financial-literacy/financial-literacy-education/request-a-session-in-your-community/adult-sessions/workshops/estate-planning

Law Depot—Power of Attorney FAQ: Canada https://www.lawdepot.ca/law-library/power-of-attorney-faq-canada/#.WSdFsesrKUl

Educaloi.qc.ca https://www.educaloi.qc.ca/en

Le Curateur public du Québec—My Protection Mandate http://www.curateur.gouv.qc.ca/cura/publications/mandatE.pdf

Government of Canada—Powers of Attorney https://www.canada.ca/en/employment-social-development/corporate/seniors/forum/power-attorney-financial.html

Ministry of the Attorney General—Powers of Attorney (Ontario) https://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/poa.pdf

Government of Canada—Wills and estate planning https://www.canada.ca/en/employment-social-development/corporate/seniors/forum/will-funeral-plan.html

Office of the Public Guardian and Trustee—Powers of Attorney and “Living Wills” Q&As https://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/livingwillqa.pdf

Succession Planning

BDC—Business Transition: Planning your Succession https://www.bdc.ca/en/articles-tools/change-ownership/plan-succession/pages/succession-planning-optimizing-your-business-transition.aspx?caId=tabs-1

Government of Alberta—Leaving Your Small Business: Your Plan for a Successful Transition https://open.alberta.ca/dataset/289b86fb-22be-4870-b825-ad673f5e6a70/resource/fd13fb89-03e5-4a96-9f49-5d6a818bb508/download/3950729-2007-Leaving-Your-Small-Business-Your-Plan-for-a-successful-Transition-04-2007.pdf

BDC– Succession planning: 3 exit strategies https://www.bdc.ca/en/articles-tools/change-ownership/plan-succession/pages/3-common-exit-strategies.aspx?cald=tabs-1

Government of Alberta—Succession Planning: Retaining skills and knowledge in your workforce https://www.albertacanada.com/files/ albertacanada/successionplanning.pdf

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Succession Planning (Cont’d)

BDC—Management buyout: A common exit strategy when selling a business https://www.bdc.ca/en/articles-tools/change-ownership/plan-succession/pages/selling-business-management-buyout.aspx

Government of Canada, Canada Business Network—Succession Planning http://canadabusiness.ca/business-planning/succession-planning/

BDC—Plan your succession https://www.bdc.ca/en/articles-tools/change-ownership/plan-succession/pages/default.aspx

Government of Canada, Canada Revenue Agency—Selling a business http://www.cra-arc.gc.ca/tx/bsnss/tpcs/lf-vnts/sllng/menu-eng.html

BMO—Business Succession https://www.bmo.com/privatebanking/our-services/business-succession?q_sr=BusinessSuccessionBMOHarrisPrivateBanking%7cq=succession+planning

Government of Canada—Exiting your Business https://www.canada.ca/en/services/business/maintaingrowimprovebusiness/exitingbusiness.html

BMO—Succession Planning Tips for Small Business Owners http://www.bmowealthexchange.com/transition/succession-planning-tips-for-small-business-owners/

hrcouncil.ca—HR Planning: Succession Planning http://hrcouncil.ca/hr-toolkit/planning-succession.cfm

CGMA – Two tools for valuing a business http://www.cgma.org/resources/tools/valuing-a-business-checklist.html?TestCookiesEnabled=redirect

Voluntary Closure of Practice

Government of Canada, Canada Business Network–Closing your Business http://www.canadabusiness.ca/eng/page/2818/

Government of Canada, Canada Revenue Agency– Selling a Business http://www.cra-arc.gc.ca/tx/bsnss/tpcs/lf-vnts/sllng/menu-eng.html

Government of Canada, Canada Business Network–Put a price tag on your business: A guide to business valuation http://www.canadabusiness.ca/eng/page/2725/

Government of Canada, Canada Revenue Agency— What should you do if your business stops operating? http://www.cra-arc.gc.ca/tx/bsnss/tpcs/pyrll/hwpyrllwrks/chngs/stp-eng.html

Government of Canada, Canada Revenue Agency–Closing a GST/HST account http://www.cra-arc.gc.ca/tx/bsnss/tpcs/gst-tps/bspsbch/cncllng/menu-eng.html

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Appendix B Release Form

To: __________________________________________________________________________________

[insert first and last name of primary RCIC/Designated Authorized Representative/Responsible Person]

The undersigned Client has appointed the following Regulated Canadian Immigration Consultant, Canadian

lawyer, or Member of the Chambre des notaires du Québec to act for the undersigned Client effective

immediately:

_______________________________________________ __________________________

Name of Regulated Canadian Immigration Consultant, Registration/License Number Canadian lawyer, or Member of the Chambre des notaires du Québec

THE UNDERSIGNED CLIENT HEREBY AUTHORIZES AND DIRECTS the primary RCIC/Designated Authorized

Representative/Responsible Person to deliver to the above named Regulated Canadian Immigration

Consultant, Canadian lawyer, or Member of the Chambre des notaires du Québec, the client file related to

his/her Canadian immigration/citizenship matter.

This authorization and direction is irrevocable.

The undersigned primary RCIC/Designated Authorized Representative/Responsible Person hereby acknowledge

the foregoing.

Dated at ____________________________________________ this ____ day of _____________, 20____ [insert name of City, Province/State and Country]

_______________________________________ _______________________________________ Name Name

_______________________________________ _______________________________________ Address Address _______________________________________ _______________________________________ Signature of primary RCIC/Designated Signature of Client Authorized Representative/Responsible Person

NOTE: Upon signing the Release Form, a copy of the form is to be retained in the Client File and, in the

situation of Suspension, Leave of Absence or Extended Travel, provided to the Client and the Authorized

Representative.

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Appendix C Designation Form

According to Section 3.2.b of the Planned or Unplanned Absence Regulation (the “PUA Regulation”) of

Immigration Consultants of Canada Regulatory Council (the “Council”), an Authorized Representative “means

an individual who can offer immigration/citizenship advice and/or service for a fee or other consideration,

including a Member in good standing with a Canadian provincial or territorial law society (including paralegals

within their authorized scope of practice), the Chambres des notaires du Québec or ICCRC.”

And according to Section 3.2.s of the PUA Regulation, a Responsible Person “means an individual over the age

of majority who has immediate access to the jurisdiction where the Member’s office is located.” Furthermore,

the “Responsible Person is not an Authorized Representative and as such, must not perform tasks which may

only be performed by an Authorized Representative.”

In this Designation Form, capitalized terms, unless otherwise defined in this Designation Form, have the same

meaning as they do in the PUA Regulation.

I, ____________________________________________________________ declare that I am an/a: [insert first and last name of Designated Authorized Representative or Responsible Person]

□ Authorized Representative (as defined above)

□ Responsible Person (as defined above)

I verify that __________________________________________ has shared his/her Contingency Plan [insert first and last name of primary RCIC]

with me prior to the signing of this Designation Form.

And I agree to serve as the primary contact for the Client and the Council in the event _______________

________________________________________ is unable to do so himself/herself. [insert first and last name of primary RCIC]

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Contact Information

Primary RCIC Given Name _______________________________ Family Name _______________________________

Primary Address _______________________________________________________________________

Secondary Address _____________________________________________________________________

Telephone Number ___________________________

E-mail Address ________________________________

Designated Authorized Representative or Responsible Person

Given Name _______________________________ Family Name _______________________________

Primary Address _______________________________________________________________________

Secondary Address _____________________________________________________________________

Telephone Number ___________________________

E-mail Address ________________________________

_________________________________ ______________________________________ Signature of primary RCIC Signature of Designated Authorized Representative or

Responsible Person

_________________________________ ______________________________________

Date (mm/dd/yyyy) Date (mm/dd/yyyy)

NOTES: The primary RCIC must: 1) provide the Registrar (records-documents@iccrc-crcic.ca) with a completed

and signed Designation Form as per the Planned or Unplanned Absence Regulation, 2) confirm the information

provided in the Designation Form annually thereafter when submitting his/her compliance audit on July 1, and

3) update the Registrar within fifteen (15) calendar days if there are any changes to the contact information of

the aforementioned Authorized Representative/Responsible Person.