Retainer Agreement - Proof of Canadian Citizenship (first or replacement)

I hereby retain, employ, and give express permission to act on my behalf to Cassandra FULTZ, a Regulated Canadian Immigration Consultant (RCIC) of Doherty Fultz Immigration Inc. (DFI), ICCRC Member R514356, at 2558 Danforth Ave, Suite 202, Toronto, Ontario M4C1L3, Tel: 416-827-8778, as my legal representative with respect to an Application to Replace or obtain my first Canadian Citizenship Certificate to be submitted to Immigration, Refugees and Citizenship Canada, including, but not limited, to the following:

Prepare a document checklist for forms and documents required by Immigration, Refugees and Citizenship Canada.

Counsel and assist the Client with respect to the proper completion of the application forms and supporting documentation and information required by Immigration, Refugees and Citizenship Canada.

Submit application to IRCC on behalf of the Client.

FEES:

DFI will charge a professional fee as indicated on the order form signed and received from the client at the time of signing of this Agreement.

This fee includes the IRCC government application fee, DFI professional fee, courier cost, and any disbursement.

Fees can be paid by a credit card, money order, direct bank deposit, or in cash.

I understand that all disbursement fees are per applicant.

I AGREE TO PAY ALL EXPENSES incurred by DFI on my behalf, notwithstanding the final result (i.e. approval or refusal) of the application. I understand that this application will not be submitted to the government until all required fees are paid in full. I understand that should IRCC or any government agency involved in the processing of this application change the fees required before a final decision is made on this application that I am required to pay any such fee. I understand that once this application has been submitted to the government, all fees are non-refundable.

REQUIREMENT TO BE TRUTHFUL:

I acknowledge and agree that I must be truthful and accurate in the information and documents I provide. I understand that any inaccuracies may seriously affect the approval of the application. I understand that it is my responsibility to advise DFI of any changes in my contact information such as residential address, mailing address, phone number, or email address, and that failure to do so could result in the refusal of the application due to the inability of DFI or IRCC to contact me.

I also acknowledge that it is my responsibility to advise DFI of any changes in my situation that may be material to the application, such as changes in the admissibility to Canada of applicants, or changes in relationship status such as a divorce or separation. Should changes such as these occur, any additional work necessary for the application falls outside the scope of this retainer agreement and may result in additional service fees charged by DFI.

I understand that neither DFI nor my representative(s) are responsible for any negative impact on my immigration status or future immigration applications triggered by submission of the application named in this Agreement due to information contained in previous applications submitted to any government agency either by previous representatives or myself which could have contained false or misrepresentative information. I understand that my representative(s) will perform the due diligence reasonably necessary in conjunction with this Application, however they are not responsible for statements made in applications or correspondence with any government submitted prior to this one.

I understand that responsibility for statements and information submitted to any government agency ultimately belongs to the Applicant, and that the onus is on the Applicant to review all information for accuracy prior to submission.

I understand that neither DFI nor Brooke Westcott, RCIC, nor Katherine McLean, RCIC, is responsible for the refusal of any application, as only Immigration, Refugees and Citizenship Canada has the power to approve an application; I also understand that DFI does not guarantee the approval of any application as approval is at the sole discretion of Immigration, Refugees and Citizenship Canada.

I understand that DFI is not responsible for application processing times. I understand that processing times provided by DFI reflect the average current processing times listed by IRCC, and are subject to change without notice.

I understand that due to the COVID-19 coronavirus and its effects on government offices including closures, increased processing times, ability of the client to obtain required documents, ability to travel to Canada, and other possibly unforeseen circumstances, all processing times and other information provided by DFI are estimates only. DFI is not responsible for sudden or unforeseen changes to standard immigration procedures. I understand that processing times and procedures are unpredictable and could increase substantially due to the COVID-19 situation. Initials:_______

I acknowledge that in the event of a Force Majeure, or “Act of God,” including inability to access the IRCC representative portal, acts or threats of terrorism or war, disease epidemic or pandemic,natural disasters such as fire, flooding or earthquake, discontinuation of electricity supply, discontinuation of access to the internet, or any other circumstance beyond the control of DFI, DFI is not in breach of its professional or ethical obligations due to non-completion of work.

I acknowledge that it is my responsibility to provide DFI with all documents requested in a timely fashion and in accordance with any deadlines as advised by DFI prior to the submission of the application, and at any time during the processing of the application.

I acknowledge that IRCC may request additional documents at any time during the processing of the application, and in this event I understand that failure to provide these documents within the timeframe stated by DFI or IRCC, this could have a negative impact on my application including the return or refusal of the application. I understand that the decision to submit documents to DFI which are not to the specifications stated may have a negative impact on the application, and DFI is not responsible for the refusal of an application due to improper documentation.

I understand that documents must be provided in a timely fashion, namely within 90 days of the request unless otherwise specified by DFI I acknowledge that should my file be deemed abandoned and closed due to 90 consecutive days without contact despite prior warning of impending file closure by DFI, that reopening of the file will be subject to a $500.00 + HST fee.

I understand that I must disclose any prior immigration application refusals of the applicant to DFI before this application is submitted. I understand that failure to disclose any immigration application refusal, for any type of application and any country as well as Canada, will result in the refusal of this application and possible finding of violation of the Immigration and Refugee Protection Act for misrepresentation.

CLIENT OBLIGATIONS:

I acknowledge that any communication undertaken with Immigration, Refugees and Citizenship Canada, Canada Border Services Agency, or any other government agency, in the form of an application, statements made at an interview or customs declaration, or any other correspondence within the scope of or effecting immigration by myself, my spouse, or any representative thereof outside the scope of the application(s) named in this retainer agreement is my own responsibility, and DFI is not responsible for the outcome of any such communication, nor its impact on the application(s) named in this retainer agreement.

I understand that if I determine to undertake any such communication with any government agency regarding or within the scope of immigration, that I am obligated to promptly inform DFI prior to this action being taken.

I understand that it is the applicant’s responsibility to obtain any and all documents and information requested by DFI in conjunction with this application, and to provide it to DFI within a timely fashion. I understand that it is outside the scope of the work to be performed by DFI in conjunction with this retainer agreement for DFI to obtain any supporting documents or information on my behalf from any source, with the exception of an Access To Information Act/Privacy Act request pertaining to any prior Canadian immigration application refusals as directed by DFI (if applicable), in order for this application to be submitted and accepted as complete by the relevant government authority (IRCC, etc.).

I understand that all communication with DFI will be undertaken in the English language. It is not the responsibility of DFI to provide advice, instruction, or undertake any communication to the Client(s) in any language other than English. Should the Client(s) require communication in any language other than English, it is their own responsibility to obtain an accurate translator.

I understand that all documents submitted to IRCC which are not in English must be translated into the English language. Doherty Fultz Immigration is not responsible for making sure that translations are accurate. Even in the event that a translation is facilitated by Doherty Fultz Immigration, it is at the sole discretion of whichever government agency it is being submitted to, to accept a translation as accurate. Should translation of any document be required, it is the Client’s responsibility to ensure that such translation provided to Doherty Fultz Immigration is accurate and received in a timely fashion. DFI accepts no responsibility for the negative impact an inaccurate translation has on any application process. Failure to provide a translation by a deadline specified by Doherty Fultz Immigration may result in refusal of the Application. Initials:_______

I understand that by providing a document to DFI for use in my application process, that I acknowledge it to be free of errors or typos, and that it is fit for use in said process. I understand that it is my responsibility to provide all documents requested in usable condition and with error-free content, and that Doherty Fultz Immigration is not responsible for verifying the content in documents belonging to me. Initials:_________

(If applicable) I understand that it is my responsibility to ensure that any expiration of status deadlines are observed and that I maintain legal status in Canada at all times. DFI is not responsible for advising of any such deadlines. I understand that if I do not have legal status in Canada, I am ineligible to submit an application for any type of temporary residence while in Canada, including a study permit, work permit, or visitor status.

I acknowledge that excessive communication with DFI staff members via email, phone, unscheduled appearances at the DFI office in person, or any other means is not acceptable and is billable at a rate of $400.00 per hour, with a minimum charge of one quarter of an hour. It is at the discretion of DFI to determine the level of frequency of communication which shall be deemed “excessive.” Should DFI determine that communication initiated by the client is excessive; the client shall be warned to cease and desist under the consequence of possible termination of representation.

I acknowledge that should the Client undertake behavior which is determined by DFI to be abusive, excessively uncooperative, detrimental to the application, or unlawful, DFI reserves the right to terminate the relationship with the Client. In the event of termination, DFI will return any and all original documents to the Client, and retain any fees paid for work which has been completed.

The Client understands that subsequent to the signing of this agreement, all communication with DFI must be directed to the Case Manager assigned to their file either via email at the email address provided or via telephone at the DFI office number, 416-827-8778. The Client understands that no communication is to be sent to DFI via any social media or other method of communication unless specifically requested by DFI, and that breach of this condition will result in additional professional fees due at our hourly rate of $400 per hour, billable in 15-minute increments, and possibly termination of this retainer agreement at DFI’s discretion.

I acknowledge that as of the date of the provision of this document to the Client, the advice and instructions given by DFI are valid. DFI is not responsible for changes in the law or government policies occurring subsequent to the signing of this agreement which may affect eligibility to apply or the outcome of the application(s) named in this retainer agreement.

I acknowledge that the preferred method of communication with DFI is email, which should be sent to [email protected]. DFI will make every effort to respond to communication immediately on the business day it is received. DFI’s service standard is a maximum of 2 business days for response to email or phone communication.

FEE AND REFUND POLICY:

The Client acknowledges that the granting of a visa or status and the time required for processing this application is at the sole discretion of the government and not the RCIC. The Client also acknowledges and agrees that, should they provide any false or misleading information; or should they withhold any changes in circumstances relevant to the application; or should unforeseen, subsequent or retroactive changes to the Immigration and Refugee Protection Act or Regulations occur from the date of this Agreement, the Client shall not be entitled to a refund of fees if the application is refused as a result of such change of law or act or omission on the Client’s part. The Client agrees that the fees paid are for services indicated above, and any refund is strictly limited to the amount of fees paid. The Client agrees that no refund can be issued once this Agreement is signed and the work has started on the application.

All unearned monies paid to DFI will be kept in Trust by DFI and will be paid to DFI upon completion of each milestone of the application.

The Client acknowledges that if they should decide not to proceed with the application or end this contract before submission of the application for any reason, there will be a minimum withdrawal fee $500.00 and $400.00 charged for each hour of work already completed on behalf of this application. These fees will be deducted from the retainer deposit.

I understand that should DFI be unable to contact me via the preferred method of contact for 60 consecutive days, or should I not have provided DFI with all required documents and/or information for submission of my complete application as outlined by DFI for a period of 60 consecutive days (unless alternative arrangements have been made and confirmed by DFI via email), my file will be closed and placed into storage. I understand that under these circumstances, my client account will be billed at a rate of $500 per 30 consecutive day period that DFI has received no contact from me or has not received all requested documents and/or information from me until the account has a $0 balance, and all monies paid will be considered earned at this time. I understand that a $500 administrative fee will be charged to reopen the file in addition to all fees previously agreed to.

I understand that should DFI be unable to contact me via phone or email within the timeframe advised by DFI in order for me to review and approve any aspect of my application prior to any deadline for submission as deemed necessary by DFI, the application will be prepared in good faith and to the best of DFI’s ability, and submitted to the relevant government authority even without review in order to meet said deadline.

The strategy to be employed regarding your immigration matter has been developed by the Regulated Canadian Immigration Consultant with whom you initially consulted and discussed the details of your case. This strategy will be relayed to the team who will work on your case, and may be revised as necessary. Most of the work on your matter will be performed by a Case Manager at DFI who is knowledgeable about your matter, who is directly supervised by either Katherine McLean or Brooke Westcott (as determined in your immigration strategy), and who may be assisted by other staff at DFI located both inside and outside Canada, as it becomes necessary or desirable. The quote provided for our professional fee structure to represent you with regard to the immigration matter named in this retainer agreement is applicable for distribution of the workload for your file outlined in this manner. Should you desire to utilize additional time with Katherine McLean or Brooke Westcott regarding this matter, it will be at their discretion to charge additional professional fees at their hourly rate of $600.00 billed at 15 minute increments.

DISPUTE RESOLUTION:

Please be advised that Brooke Westcott and Katherine McLean are Regulated Canadian Immigration Consultants (RCIC), and members in good standing of the The College of Immigration and Citizenship Consultants(CICC), and as such, are bound by its By-laws, Code of Professional Ethics, and associated Regulations. The RCIC acting as representative with regard to this application will act in good faith in order to provide quality immigration consulting service and to adequately supervise any person assisting in the provision of these services. In addition to the RCIC acting as representative with regard to this application, multiple individuals may assist in the work required.

The Client is free to review the Code of Professional Conduct here: https://dfimmigration.ca/code-of-professional-conduct-for-college-of-immigration-and-citizenship-consultants-licensees/ which is the standard for all RCICs as directed by the College of Professional Immigration Consultants and acknowledges that they have hereby received a copy of the Code. Initials:_______

In the event of a dispute, the Client and the above member are to make every effort to resolve the matter between the two parties. Should the Client be unhappy with the service received, they are advised to confirm this fact in writing to their case manager. Upon discussion of the complaint, if the Client is unsatisfied, the General Manager of DFI should be contacted at [email protected] .

In the event a resolution cannot be reached, the Client is to present the complaint in writing to the above RCIC and allow the RCIC 30 business days to respond to the Client. In the event the dispute is still unresolved, the Client may follow the complaint and discipline procedure outlined by CICC on their website:

http://www.CICC-crcic.ca/public/complaintsDiscipline.cfm

CICC Contact Information:

The College of Immigration and Citizenship Consultants(CICC)

5500 North Service Road, Suite 1002

Burlington, ON L7L 6W6

Toll free: 1-877-836-7543

Please be advised that should you be unable to contact your representative via either phone or email and you believe your representative to be either dead or incapacitated, you are advised to contact CICC using the information above.

CONFIDENTIALITY:

All information and documentation reviewed by the RCIC, required by IRCC and all other governing bodies, and used for the preparation of the application will not be divulged to any third party, other than employees, without prior consent, except as demanded by law. My representative, Brooke Westcott or Katherine McLean, a Regulated Canadian Immigration Consultant (RCIC), will protect my privacy and treat all information as strictly confidential.
The Client acknowledges that neither the RCIC or DFI is responsible for any breach of information stored or transmitted online, nor anything related to any online system or communication whatsoever.
I understand and agree that DFI is permitted to communicate with the Applicant by email, including the sending of confidential information and attachments regarding the Applicant’s case. I also understand that, outside of email, it is at the sole discretion of DFI to determine in what format and using what method, documents and information regarding the Applicant’s case may be provided to DFI. Be aware that the Applicant may jeopardize their confidentiality if they disclose our communications to others. It is important that no-one other than the Applicant be privy to these communications. We therefore strongly urge the Applicant to password protect the email account receiving emails from us on any device being used. DFI uses cloud backup for storage of client information.
The Client understands and agrees that although various government entities choose to communicate via email, there are many documented instances where various government entities’ communications have not been delivered to the intended recipient. The Client agrees to release the RCIC and DFI from any responsibility whatsoever for any and all communication that is not delivered to the DFI.
The Client understands that as RCIC is your authorized representative and accesses the IRCC system via the Authorized Representative Online Portal, it is not possible for the Client to gain direct access to their online profile or application as this will breach the confidentiality of all other clients whose information is stored there. The RCIC understands that the Client will want to see that their profile or application is entered into the IRCC online system, and as such the RCIC will supply a system generated copy of the electronic confirmation of the file that has been submitted.

VALIDATION:

The Client acknowledges that they have read this Agreement, understand it, have obtained such independent legal advice as they deem appropriate, have sought translation and agree to be bound by its terms.

Any changes to this retainer agreement must be mutually agreed upon in writing.

This Agreement shall be governed by and interpreted in accordance with the laws of Canada, and shall be binding to the parties hereto, and upon (a) their respective representatives and successors, and (b) the heirs of any individual that is a party hereto.

For the purpose of all legal proceedings, this Agreement shall be deemed to have been performed in Canada, and shall have jurisdiction to entertain any action arising under this Agreement. Each party hereto attorns to the jurisdiction of the courts of Canada.

Retainer Agreement – Proof of Canadian Citizenship (first or replacement)

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