Some International Trends and their Impact on Accountability in Professional Regulation

Transcription

1 Some International Trends and their Impact on Accountability in Professional Regulation Presentation by André Gariépy, Commissioner, at the Canadian Dental Regulatory Authorities Federation Montréal, Québec, 13 October 2017 Commissaire à l admission aux professions

2 Presentation Outline The Commissioner Six Emerging Trends 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. 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. 4

5 Competence on: Competence 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. In either complaint, verification, study, research, opinion or recommendation mode. 5

6 Competence Also overseeing the implementation of obligations under applicable trade, mobility and mutual recognition agreements when relating to admission to professions Ex. - Canadian Free Trade Agreement (CFTA, formerly AIT). - Québec-France Mutual Recognition Agreement - Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union. 6

7 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. 7

8 Six Emerging Trends and Accountability 8

9 Six Emerging Trends 1. Keeping the public trust 2. Fair competition concerns 3. Impact of regulation on the economy 4. Obligations regarding professional mobility and qualification recognition 5. International Standard for regulatory functions 6. The less or better regulation agenda 9

10 1. Regulation and the Public Trust Perception deficit in the public when an association has regulatory functions (ex.: admission, discipline) The secret society syndrome. Need for more transparency. Constant challenge not to loose the trust of the public and the State. The shortcomings can be devastating. (ex. England, loss of self-governance for lawyers and physicians) 10

11 2. Regulation and Rules on Competition Report from Ireland Competition Authority, 2006, followed by other similar reports elsewhere. European Court of Justice Decision (ECJ-C-309/99 - Wouters and Others, 2002). US Supreme Court Decision (N.C. Board of Dentistry v. Federal Trade Commission, US-SC- Decision ). OECD and EU Internal Market reference. 11

12 2. Regulation and Rules on Competition (cont.) Self-governing or self-regulating entities are at risk of affecting fair competition. Those with a vested economic interest (professionals) should not make decisions affecting the market in their sector (admission, setting fees or tariffs, etc.). Self-governing or self-regulating should be monitored by the State on elements affecting competition. A movement toward more oversight in the United States. 12

13 3. Regulation and the Economy Initiatives to better document the impact professional regulation on the economy OECD (Services Trade Restrictiveness Index- STRI) and World Bank Review of professional regulation in the European Union ( ) Trade and mobility (MRA) agreements 13

14 3. Regulation and the Economy (cont.) Professional services treated as markets and in line with economic development. Requirements for access to profession Length of temporary stay Legitimate objective (public protection) Objective and transparent criteria Based on competency and ability to provide the services Criteria and process no more burdensome than necessary 14

15 3. Regulation and the Economy (cont.) Draft European Directive on a Proportionality Test for Professional Regulation (January 2017) Far-reaching assessment of the justification and the effect for regulation and imposing certain rules Specific training, professional standards and ethics, supervision, ownership of a company for providing professional services, etc. Compliance and accountability process through Member States 15

16 4. Regulation and professional mobility/qualification recognition Lisbon Convention EU-UNESCO, European Directives on qualifications recognition (2005) and on professional services (2006) (as a policy reference). Obligations for the signatories about fair, transparent and objective criteria and process for qualification recognition and licensing. Countries/governments to report on compliance. 16

17 5. Regulation and ISO17024 Standard International standard on certification of personnel 2003, revised 2013 (includes professional regulation) The Standard provides guidelines for regulatory functions and their processes. Structure, governance, policies and procedures Fairness, objectivity, integrity, transparency Requirements based on competency Competency of the personnel 17

18 6. Regulation and the Less or Better Regulation Agenda Movement in many countries about reviewing the approach in regulation. Regulatory Reform Regulatory Impact Less Regulation Better Regulation Smart Regulation Risk-Based Regulation Right-Touch Regulation 18

19 6. Regulation and the Less or Better Regulation Agenda (cont.) European Commission global review of professional regulation within the EU ( ) Mapping of professional regulation Assessment of compliance, relevance and impact on EU Internal Market National action plan for reform if needed 19

20 Combined Impact on Accountablity More scrutiny from the part of governments More attentive to regulation. More capacity to criticize and direct. Questions are being asked Justification for regulation Concerns about its impact More formalized accountability process 20

21 Contact Info André Gariépy, Lawyer, F.C.Adm. Commissioner for Admission to Professions Telephone : +1 (514) commissaire@opq.gouv.qc.ca Website : 21