Designated representatives providing services to subjects of proceedings (subjects) on behalf of the Immigration and Refugee Board of Canada (IRB) must comply with the following Code of Conduct (Code).
Purpose
- The Code establishes the standards of conduct and other obligations that govern the professional and ethical responsibilities of representatives designated by the IRB for subjects under 18 years of age or unable, in the opinion of the applicable Division of the IRB, to appreciate the nature of the proceedings, pursuant to subsection 167(2) of the
Immigration and Refugee Protection Act .
- The Code should be read in conjunction with terms of the designated representative’s contract with the IRB. Nothing in the Code lessens in any way any other conduct requirements that the designated representatives are subject to as established by a professional regulatory body to which they may be subject.
Application
- The Code applies only to designated representatives who provide services under contract with the IRB.
Scope
- The Code recognizes the fundamental principle that the interests of subjects represented by designated representatives must be protected and advanced throughout all of the subjects’ interactions with the IRB.
- The Code is based on the IRB’s dedication to the following values: honesty, good faith, fairness, accountability, dignity, respect, transparency, openness, discretion, cultural sensitivity and loyalty. It is also based on the
Designated Representative Competency Profile.
Conduct of designated representatives
- Designated representatives are expected at all times to act honestly and in good faith. They must act in a professional and ethical manner in their dealings with the subjects they represent as well as IRB personnel and other participants in IRB proceedings.
- Upon acceptance of a contract to be a designated representative or upon designation by the IRB, designated representatives are expected to meet with the subject as soon as possible, remain in regular contact with them throughout the term of their designation, and come prepared to all proceedings.
Competence
- Designated representatives must demonstrate competency in the services that they provide to the subject. This includes applying relevant knowledge, skills and attributes in a manner appropriate to each matter undertaken on behalf of the subject.
- If at any time the designated representative believes that they are unable to competently fulfil the role and responsibilities set out in the
Designated Representative Guide or that their ability to fulfil their responsibilities will be impeded, they must, without delay, inform the presiding IRB member or the contracting authority.
Compliance and avoidance of conflict of interest
- Designated representatives should take all possible steps to prevent and resolve any real, apparent or potential conflicts of interest between their responsibilities as a designated representative and their private affairs.
- As soon as a designated representative becomes aware of any ties, whether personal, professional, or other, that they have or may have with the subject they represent, the designated representative must disclose this fact, without delay, to the presiding IRB member or the contracting authority.
Confidentiality
- Designated representatives must keep confidential all information gained in the course of providing services to the subject.
- Designated representatives must obtain the subject’s consent prior to communicate with other persons to gather and ascertain information regarding the subject.
Administration
- The Executive Director of the IRB, with the support of the Operations and Regional Services Branch, is responsible for the administration of the Code, including any matters regarding its interpretation.
- Any question regarding the interpretation or application of the Code may be directed to
DR.RD@irb-cisr.gc.ca.