Recognizing Internationally Trained Professionals: Does Ontario’s Fair Access to Regulated Professions Bill Measure Up?

By Jo-Anne Pickel

Public hearings into the Ontario government’s proposed Fair Access to Regulated Professions Act (Bill 124), which is aimed at ensuring that the registration practices used by regulated professions are transparent, objective, impartial and fair, have just ended. The Committee is now studying the Bill and is expected to report back to the legislature in the early new year. Although the changes made by Bill 124 will apply to all individuals seeking to register with a professional body, the changes will be of particular benefit to foreign trained professionals who often find it difficult to practice their professions in Canada and must instead take jobs well below the ones they previously practiced in their home countries.

In order to practice a profession in Ontario – such as teaching, health professions, engineering, law to name only a few examples – individuals must be registered by the governing body for their profession. For many decades, internationally trained professionals have faced significant barriers to practicing their profession in Canada, in large part due to difficulties in having their skills and non-Canadian credentials recognized. These barriers have many sources but the most frequently cited are the various rules of the provincial bodies which regulate access to professions in Ontario through licensing and registration requirements. These barriers have been studied for many years and have been the subject of reports at both the provincial and federal government levels.

Bill124 has been put forward as one piece of the puzzle to help eradicate some of these barriers. While the Bill introduces some welcome changes, advocates for internationally trained professionals hope that the Committee studying the Bill will address some of its shortcomings.

Bill 124 was introduced following the release of a government-commissioned report by George Thompson (the “Thomson report”) which reviewed the registration practices and appeal processes from registration decisions in Ontario’s regulated professions. Although the government has incorporated some of the report’s recommendations into the Bill, a number of recommendations have been left out. As such, a number of issues will need to be addressed in order for the Bill to more effectively break down the barriers faced by internationally trained professionals seeking to practice in Ontario.

What is in Bill 124

Bill 124 imposes a general duty on regulated professions in Ontario to provide registration practices that are transparent, objective, impartial and fair by:

• providing information to applicants about how the registration process works, the amount of time it usually takes, the requirements for registration, the documents of qualifications that must accompany an application, the alternatives to this documentation that may be acceptable, and the fees required;
• providing timely written reasons to applicants;
• ensuring the applicants have a right to seek an internal review or appeal of a decision;
• ensuring that assessments, whether carried out by the regulatory body or a third party, are transparent, objective, impartial and fair;
• ensuring that individuals assessing qualifications and making registration decisions are appropriately trained; and
• ensuring that applicants have access to their application records.

The Bill also provides for the appointment of a Fair Registration Practices Commissioner whose functions will include

• assessing registration practices,
• overseeing the auditing of regulated professions to ensure compliance with the Bill,
• monitoring third parties retained by regulated professions to assess applicants’ qualifications,
• advising regulated professions and ministries, and
• reporting to the Minister on registration practices related to internationally trained professionals.

Finally, Bill 124 will establish an Access Centre for Internationally Trained Individuals. While the Centre’s precise mandate remains to be fully developed, the Bill states that the Centre will provide information and assistance to internationally trained individuals and other applicants with respect to registration requirements and procedures. Its mandate will also involve conducting research and analysis as well as providing information and assistance to ministries, government and community agencies.

Issues to be Addressed

The measures introduced by the Bill appear aimed primarily at increasing the information available to applicants and thereby enhancing the transparency of the registration process followed by regulated professions. However, a number of issues are either not clearly addressed in the Bill or have been left out of the Bill altogether. For example:

• Should the government follow the Thomson Report’s recommendation that it establish an independent appeal body to which professional registration decisions could be appealed?
• What amendments would be necessary to ensure not only that fair, impartial and transparent processes are used, but that the substantive evaluation criteria and standards used are also fair and objective?
• What amendments would be necessary to more precisely define what constitutes a “fair” or “objective” assessment?
• What is the precise mandate of the Access Centre for Internationally Trained Individuals? In particular, will the Centre provide legal advice and representation for applicants who need it?
• Should the list of regulated professions to which the Act will apply be specifically listed in the Act rather than left to government regulation?

It is clear that the Fair Access to Regulated Professions Act is only one piece of the puzzle when it comes to eradicating the barriers faced by internationally trained professionals seeking to practice their professions in Ontario. Even if advocates for internationally trained professionals welcome many of the measures introduced by the Bill, a number of amendments will be required for the Bill to achieve its objective of ensuring transparent, objective, impartial and fair access to regulated professions in the province.