When it comes to signing immigration contracts in Canada, you should read the document very well, because it may happen that the lawyer or consultant who will offer the services stipulates a certain amount not subject to any kind of refund, which would have consequences on the client if he/she signs and then decides not to continue with the process. Is this type of contract illegal?

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The answer is YES! A contract with a full non-refund clause in the immigration sector is illegal. Ignorance of Canadian law and consumer rights makes the client a vulnerable person, susceptible to being stripped of their funds even if the service is not delivered.

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In this blog, I will explain why such a contract document is illegal, based on two key elements: the Consumer Protection Act in Canada and, more importantly, the Code of Ethics for Canadian immigration lawyers and consultants. Read with me to the end and learn what the law says and how to defend your rights. Let's get started!

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What does the Code of Ethics establish for immigration attorneys and consultants?

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The most important element prohibiting full non-reimbursement clauses is the Code of Professional Ethics governing lawyers (Law Society) and regulated immigration consultants (CICC) in Canada.

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This code establishes that when a professional receives funds from a client, these must be deposited in a special accountcalledTrust Account and the amount must remain in that account until the professional delivers the service for which it was contracted.

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Therefore, if your lawyer or consultant retains the full fee for work that has not been performed, you as a client are facing a direct violation of the code of professional ethics. Therefore, even if you ask for a refund and the professional refuses, claiming that "it is not appropriate", you are protected by law.

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The return of funds is proportional to the work performed.

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In relation to the previous point, the law and the code of ethics require that, when requesting reimbursement, the professional must evaluate how much work was done on the file. Two scenarios can occur here:

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1. On the one hand, the fact that the process was almost ready

For example, you hired a professional for a study leave. But for some reason, just before the application was submitted, you decide not to proceed. Then, if the professional has already done the entire process - i.e., filled out forms, drafted letters of support, and created the portal on the government website - the refund you will receive will reflect the discount of the fraction of the work already completed.

This is logical if we take into account the time the professional invested in your file, as well as the consultations, follow-up, etc., required to move forward with your case.

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2. Another possible scenario is that the process stops at the beginning or in the middle of the process.

If, on the other hand, you decide to stop before starting the process or in the middle, which you are entitled to do, the lawyer or consultant is obliged to review how much work was invested in your file and reimburse you for the fraction not worked on. The amount you can keep is the amount that corresponds to the work performed. No more than that!

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3. There are also legal clauses that allow an initial percentage (which can be 10%, 20% or 30%) to be considered as "earned" for administrative expenses, initial review of the contract and necessary responses. However, the remaining 70%, or the majority portion, must be reimbursed to the client even if the client decides not to continue with the process.

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I reiterate the premise of the topic: for a lawyer or consultant in Canada to want to keep a full fee if he or she did not work on the client's entire immigration process is illegal.

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What steps should the customer take when a refund is denied?

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If you are facing this situation, at Immiland Lawour legal representation firm for immigrants in Canada, we recommend you to follow these steps:

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1. Begin by establishing friendly communication with your lawyer or consultant and indicate that you are requesting a refund. It is important that you mention the ethical obligation of the Trust Account and the Canadian Consumer Protection Act.

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2. Consider a formal complaint in case the professional refuses to return the funds. This complaint is filed with the appropriate regulatory body to get your money back:

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• If you are a regulated consultant (RCIC), you should complain to the College of Immigration and Citizenship Consultants (CICC).

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• If you are a lawyer, you should complain to the Law Society of the province to which the lawyer belongs.

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Your rights are protected

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At Immiland Law, we have initiated complaints against consultants who refuse to return funds for work not performed. Our services are focused on supporting the immigrant population so that everyone has the opportunity to study, work or settle permanently in Canada in a harmonious manner, asserting their rights as foreigners.

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However, it is necessary that, as clients, they are well informed through official sources and immigration companies that guarantee seriousness and commitment to their users. This can be checked through digital platforms and social networks, not by the number of followers, but by the truthfulness and transparency of the content they share. Avoid problems by not reading your immigration service contracts well or by not choosing your immigration representative well.

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Immigration Services of Immiland Law Professional Corporation

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At Immiland Law Professional Corporation, we offer specialized legal advice and representation for newcomers to Canada. From guidance in understanding a service contract to drafting employment letters, wills, business agreements and much more.

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If you are faced with a service contract that you do not understand or the protection clauses have not been respected, do not hesitate to contact us for a personalized consultation. Our team of lawyers and regulated consultants will help you resolve your case.

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I hope this topic will be of great help to you in your migratory processes. Thanks for reading, see you in the next blog!

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With love,

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Immiland Law Professional Corporation