Commissioner's Observations
The OFC is seeing the beginnings of positive systemic change, change that clearly reflects the values of Ontarians.
Regulatory bodies must now implement new reporting and review procedures and undergo audits of their registration practices. Over the past year the office has worked closely with these bodies to develop guides and other tools to assist them as they meet their new responsibilities.
With the OFC's leadership, they are working hard to ensure that no barriers to registration exist in their organizations for qualified individuals, regardless of where they were trained.
Following are some of the Commissioner's observations about registration and licensing in Ontario's regulated professions, based on events of the last year. For more detail, see the OFC's 2008–09 Annual Report (
PDF 2.5 MB).
Agreement on Internal Trade
The Agreement on Internal Trade (AIT), signed by Canadian First Ministers and aimed at reducing barriers to the movement of “persons, goods, services and investment” within Canada, came into effect in 1995. In January 2009, the First Ministers signed a revised AIT.
By August 2009, under the terms of the AIT, full labour mobility is expected across Canada. This development affects the registration requirements of Ontario's regulated professions. One of the AIT's core concepts is that individuals who have an unrestricted licence to practise in a Canadian jurisdiction should be eligible for a licence in any other Canadian jurisdiction to which they apply, without undergoing another assessment.
- Consistency of goals — The OFC agrees with the spirit of the AIT, which is to improve access to professions. The principles expressed in the Fair Access to Regulated Professions Act, 2006 (FARPA) are consistent with the objectives of the AIT. Both have the same purpose and goal, which is to remove barriers to access to the professions.
- Fair access for all applicants — The OFC supports the goal of increased labour mobility, provided access to regulated professions in Ontario is transparent, objective, impartial and fair for all applicants.
- Benefits for Canadian and internationally trained individuals — Professional standards that are consistent across Canada and easy for applicants to understand would be beneficial for Canadian and internationally trained individuals. There are examples of professions that have national or international agreements that work well for internationally trained individuals.
- Amendments to the AIT — Any amendments to the AIT should incorporate the principles of FARPA and ensure that licensure or certification processes are transparent, objective, impartial and fair for all applicants.
Review of Statutes, Regulations and By-laws Governing the Registration Practices of Regulated Professions
Between September 2008 and February 2009, OFC staff reviewed 34 regulatory bodies' statutes and registration-related regulations and by-laws to acquire a better understanding of how and where the different bodies' registration requirements and practices are stipulated.
The office found some registration-related requirements that are common to regulated professions:
- Good character — Twelve of 34 regulatory bodies have “good character” as a registration requirement in their statutes, registration regulations and/or by-laws. One of 34 regulatory bodies provides criteria in its regulation for determining a “good character.” Setting criteria to clarify the meaning of “good character” improves the transparency of the requirement and would assist regulatory bodies in making objective judgements.
- Canadian experience — Eleven of 34 regulatory bodies have Canadian experience as a registration requirement in their statutes, registration regulations and/or by-laws. Among those regulatory bodies that have Canadian experience as a registration requirement in their statutes, registration regulations and/or by-laws, some do not contemplate alternative options. Others have provisions for alternatives such as experience that is considered “equivalent” to Canadian experience.
- Language fluency — Twenty-three of 34 regulatory bodies require “reasonable fluency” in either English or French or the ability to communicate effectively as a registration requirement in their statutes, registration regulations and/or by-laws. According to information gathered by the OFC in its 2007 study of registration practices, some regulatory bodies do not require any language evaluation. In these cases, reasonable fluency is indirectly assessed by applicants' ability to pass the registration examinations. Other regulatory bodies require specific language tests and scores to demonstrate fluency in English or French.
- Canadian citizenship or permanent resident status — Four out of 34 regulatory bodies require Canadian citizenship or permanent resident status as a registration requirement in their statutes, registration regulations and/or by-laws. Others have a more inclusive provision that accepts applicants who hold an authorization under the Immigration Act to engage in the practice of the profession, as well as those with Canadian citizenship or permanent resident status.
Qualification Assessment Agencies
In March 2009, the Office of the Fairness Commissioner published a study about qualifications assessment agencies.
This is the first time that research of this type has been done. It confirmed that the agencies play a pivotal role in access to the professions.
Twenty-seven of Ontario's regulatory bodies rely on these agencies. They do the following types of assessments:
- Degree-equivalency assessment
- Occupation-specific credential assessment
- Competency assessment
- Prior learning assessment
- Examinations.
In the Study of Qualifications Assessment Agencies ( PDF 228 KB), the Commissioner made several recommendations:
- Qualifications assessment agencies should offer applicants more help, use clear criteria, and streamline their processes.
- Agencies should improve their practices, because they play a key role in deciding who gets into the professions and who does not.
- Regulatory bodies must hold their agencies accountable.
The office will follow up on these recommendations in 2009. Some organizations are already dealing with the difficulties candidates face. These organizations have timely, transparent and equitable processes that can be shared. Other organizations use costly and time-consuming procedures, or do not give candidates reasons for decisions or opportunities for appeal.
