Mutual Recognition of Professional Qualifications and the Canada-European Union Comprehensive Economic and Trade Agreement

Transcription

1 Mutual Recognition of Professional Qualifications and the Canada-European Union Comprehensive Economic and Trade Agreement Presentation by André Gariépy, Commissioner, at the CNAR Conference Halifax, Nova Scotia, 3 October 2017 Commissaire à l admission aux professions

2 Presentation Outline The Commissioner CETA MRA Chapter Objectives and Scope Process Trigger Tests for MRA Challenges for Implementation 2

3 The Office of the Commissioner Title and competence revised by Bill 98, entered into force on June 8,

4 Functions-Mandate 1. Receive and examine individual complaints about admission to a profession. 2. Monitor (verification) any process or activity relating to admission to a profession. 4

5 Functions-Mandate 3. Follow (monitor) the activities of coordination group (re: gap training/bridging programmes and internships) and, if necessary, to make the recommendations. 4. Conduct studies and research, provide opinions and make recommendations on any matter relating to admission to a profession. 5

6 Competence Competence on: All aspects of admission to professions; All actors of admission to professions: Regulatory bodies; Educational institutions (colleges, universities); Government departments and agencies; Other organizations or person, public or private sector. 6

7 Competence Also overseeing the implementation of obligations under applicable trade, mobility and mutual recognition agreements when relating to admission to professions Ex. - CFTA (the new AIT) - Québec-France Mutual Recognition Agreement - CETA 7

8 Tools Critical analysis by the Commissioner based on : Obligations of regulators and other actors provided in the Professional Code, other laws and policies; Principles and best practises in admission to professions and qualification recognition; Relevant obligations of Canada and Québec under international instruments (agreements, treaties, conventions, etc.) or other agreements. 8

9 Canada-Europe Agreement (CETA) Comprehensive Economic and Trade Agreement (Chapter on Mutual Recognition of Professional Qualifications) 9

10 Chap. 1 Chap. 9 Relevant Texts of CETA* General Definitions and Initial Provisions Cross Border Trade in Services Chap. 10 Temporary Entry and Stay of Natural Persons for Business Purposes 10

11 Relevant Texts of CETA* Chap. 11 Mutual Recognition of Professional Qualifications Chap. 12 Domestic Regulation *Note : text of the agreement available on the Web 11

12 CETA Principles in accordance with GATS National Treatment doesn t preclude from adopting and maintain professional licensing legislation. Justified and non-discriminatory. 12

13 CETA More developed conditions and modalities for circulation Length of temporary stay Years of experience and training Conditions according to different statuses 13

14 CETA Chapter on MRA largely inspired by the 2008 Québec-France Agreement on Mutual Recognition of Qualifications Mainly for the guidelines and process of negotiation of an MRA But, there are differences 14

15 Objectives and Scope 15

16 Objectives and Scope Facilitation of fair, transparent and consistent mutual recognition of professional qualifications Group recognition instead of individual For professions regulated in both parties Regulated in at least one province in Canada and at least one EU member state If not, refer to general regime of qualifications recognition and registration 16

17 Objectives and Scope No obligation on the regulators, but encouraged to consider negotiating a MRA Not aiming at harmonizing scopes of practice or qualifications requirements If substantial difference exists then compensatory measures 17

18 Process 18

19 Joint Committee Joint Committee on Mutual Recognition of Professional Qualifications Composition Co-chaired by Canada and the EU Representatives of each Party Must not be from relevant authorities (regulators) 19

20 Role Joint Committee Responsible for the implementation of the CETA MRA Chapter Facilitate exchange of information on regulation, policies and practices Makes decision to establish negotiation process and to adopt the text of MRAs 20

21 Trigger and approval process 1. Submission of a recommendation to the Joint Committee Submission by relevant authorities (regulators) Joint analysis and recommendation Trigger tests (see comments below) Joint Committee review the recommendation Consistency with CETA and trigger tests 21

22 Trigger and approval process 2. If positive, the Joint Committee establishes the negotiation process Negotiation by relevant authorities (regulators, possibly other) 22

23 Trigger and approval process 2. Negotiation process (cont.) Guidelines for negotiation 4 step process similar to Québec-France Verification of Equivalency Evaluation of Substantial Differences Compensatory Measures Identification of the Conditions for Recognition 23

24 Trigger and approval process 3. Submission of a draft to the Joint Committee Submission by relevant authorities (regulators, possibly other) Joint Committee review the draft 24

25 Trigger and approval process 4. If consistent with CETA, the Joint Committee adopts the draft (decision) Binding after notification of fulfillment of internal requirements by each Party (Canada and EU) 25

26 Comments on the process With CETA, governments hold the decision role along the process (opportunity and content of a MRA) Québec-France Agreement has only a consultation with a Bilateral Committee Québec-France MRAs require implementation regulation in Québec, to be approved by public authorities 26

27 Comments on the process With CETA, regulators are not obliged to discuss the prospect of a MRA, only encouraged by the Parties (Canada and EU) Québec-France Agreement created the equivalent of an obligation on regulators Government clear expectations 27

28 Comments on the process With CETA, regulators are not obliged to discuss the prospect of a MRA, only encouraged by the Parties (Canada and EU) (cont.) European Commission thinks that only some professions would be interested in or ready for a MRA Architects: discussions underway, acts as a test Some other professions 28

29 Trigger Test for MRA 29

30 Trigger tests for negotiation 1. Potential Economic Value of a MRA Level of market openness Industry needs Existence of other MRAs in the sector Business opportunities (number of people to benefit) Expected gains (economic and business development) 30

31 Trigger tests for negotiation 2. Compatibility of licensing and qualifications regimes 31

32 Comments on trigger tests New elements compared to the Québec-France Agreement. In Québec-France: Expectations by public authorities that MRA should be discussed Migration level between Québec and France Historic ties Knowledge and cooperation 32

33 Comments on trigger tests Intent behind the economic test value To validate the seriousness of the project To assess if it s worth to engage in a negotiation Is it the best way to validate the opportunity of an MRA? 33

34 Comments on trigger tests Adverse impact The trigger test on potential economic value brings in the equation political and economic selfinterest factors (protectionism), from the start 34

35 Comments on trigger tests Could impact the fairness aspects of mobility and recognition, as well as international obligations (trade, migrants, qualification recognition) Qualification of an individual is a fact Recognition of qualification is an emerging right 35

36 Comments on trigger tests Regulators shouldn t be in charge of assessing the economic value of a potential MRA Conflict of roles and interests, especially for selfgoverned professional organization 36

37 Comments on trigger tests The test should be the responsibility of governments At least, governments should have the independent capacity to validate and challenge the analysis submitted by competent authorities (regulators) 37

38 Challenges for Implementation General Comments 38

39 Challenges Diversity of regulation models and education systems in Canada and Europe Many layers of regulatory authorities, those with the expertise to negotiate Constitutional frameworks Manageable, but requires proper attitude from all parties Different mobility rules within Canada and Europe 39

40 Challenges European territories outside continental Europe and the British Isles Constitutional and legal ties (colonial or else) Competence over education, training, and professional regulation is variable among the territories Issues surfaced in the case of the Québec-France Agreement 40

41 Challenges CETA is an agreement according to WTO Agreements Section VII of GATS-WTO (1994) on qualification recognition would apply 41

42 Challenges CETA is an agreement according to WTO Agreements (cont.) An MRA under CETA is regarded as a distinct agreement that must be notified to WTO Notification at the start of the negotiation process Allow other WTO members to join the negotiation (process at risk of becoming complex) 42

43 Challenges for Implementation Mutual Recognition Agreement (MRA) 43

44 MRA Mentioned in some trade agreements Ex.: GATS, ASEAN, CARICOM Weak implementation Limited scope, often for temporary movement, under supervision and for more experienced practitioners 44

45 MRA The Quebec-France Agreement (2008) Umbrella agreement for MRAs for all regulated professions and trades Structured, government supervised, common process of negotiating MRAs Aiming at full licence recognition, with set compensatory measures, where justified 45

46 MRA Appearing in recent trade agreements or under negotiation CETA, TTIP, TPP More details, wider scope, and greater expectations 46

47 MRA Better identify and manage the substantial differences between jurisdictions Gap training and conditions justified and realistic Transparency Predictability Objectivity Fairness Efficiency Foster a structured and respectful dialogue between jurisdictions 47

48 Lessons Learned Better results when partners are compatible Easier to generate a core set of requirements to work with, and reach harmonization and/or recognition Education systems (training standards and quality) Professional practice contexts Regulation schemes (scope of practice, assessment, professional conduct, ethics and development) Legal systems Economies (comparable and/or complementary) Cultural aspects 48

49 Lessons Learned Better results when partners are compatible (cont.) Otherwise, very broad principles and standards Low and less rigorous common denominator Nice to have, but no real practical use to base a recognition and migration scheme in the field 49

50 Lessons Learned Process facilitated when a forum is already in place Ex.: EU, regional or multilateral forum, international association An advantage, but not a prerequisite Countries sovereignty or constitutional principles 50

51 Lessons Learned Prioritize according to reality Geography and else More relevance and incentives where sizeable economic ties and migration flows exist 51

52 Lessons Learned It takes time to Understand the different contexts Assess the impact, positive and negative Get the buy-in from stakeholders Negotiate and ratify Implement 52

53 Contact Info André Gariépy, Lawyer, F.C.Adm. Commissioner for Admission to Professions Telephone : +1 (514) commissaire@opq.gouv.qc.ca Website : 53