Foreign LL.B. Degree Accreditation
An LL.B. degree from an accredited
Until March 1st , 2007 all people with foreign LL.B. degree designations intending to practice law or be eligible for a professional position requiring an accredited law degree by Canadian standards were required to have their degrees accredited by the Federation of Law Societies of Canada’s (FLSC) National Committee on Accreditation (NCA) as a prerequisite for qualifying for a provincial bar admission program. The NCA acts as an agent for all of the provincial law societies. The NCA accreditation process is base on hypothetical criteria that have no correlation to comparable criteria for accrediting LL.B. degrees from Canadian law schools by provincial law societies. The
The Fair Access to Regulated Professions Act supersedes and renders null and void all provisions in the NCA accreditation process which aren’t in conformance with the statute’s provisions. Any student intending to pursue LL.B. degree studies abroad with the intention of returning to
“The Professions”
There is no universal definition of a self regulated profession. The original self regulated professions were the medieval European guilds, the survivors or which today are commonly known as the craft trades. The guilds established what would become the organizational architecture for qualifying as a self regulated profession.
- A governing professional body
- Mastery of a specialized field of knowledge through a combination of education and training
- Competency based admission to a professional society
- Self Regulation
- An obligation to protect the public interest to the extent the public interest impacts on the profession
Do you have to be a member of a self regulated profession to work in the field?
No!
Unregulated professionals play a major role in the self regulated professions
Examples:
- MBAs work as management consultants with accountants and lawyers
- MHA hospital administrators work closely with health care providers
- LLM legal experts work with governments, regulatory bodies and NGOs
Who’s responsible for regulating the self regulated?
- The Constitution allocates regulation of most professions to the provinces.
- The federal government has the power to regulate professions that work exclusively in areas governed by federal legislation.
Example
The federal government has constitutional control over immigration, cross border issues and refugee determination. It has developed an alternative source of consulting expertise to the legal profession and created the Canadian Societyof Immigration Consultants (CSIC) as a self regulated profession to represent clients on immigration, cross border migration and refugee issues.
Fair Access to Regulated Professions Act Exemptions
There are currently 38 self regulatory professions in Ontario. The Regulated Health Professions Actprovides a framework for regulating the scope of practice of 23 health professions. The act mandates 21 of the professions to each establish its own self regulatory body under the label of “college” ( College of Physicians and Surgeons of Ontario) in conformance with uniform guidelines that address issues of domestic degree accreditation standards, access, registration practices, foreign degree accreditation, etc. The Regulated Health Professions Act addresses many of the same issues as the Fair Access to Regulated Professions Act and the former is exempted from coverage by the latter to the extent that there is duplication and overlap.
The Fair Access to Regulated Professions Act, 2006 (act) establishes a legislative framework for foreign degree accreditation for the 14 self regulated professions outside the scope of health care. A complete list of the 14 self regulatory bodies covered by the act is provided in “Appendix A”.
What is Accreditation?
Accreditation is the recognition of education and professional qualifications as meeting the standards deemed necessary to become a member of a self regulated profession.
Example
A Bachelor of Legal Laws (LLB) Degree from an accredited university is recognition that the holder has completed a university standard of education in the study of jurisprudence. The holder is qualified to apply for a position in government or business that stipulates that an LLB is a requirement for employment. Many holders of law degrees choose this route as their preferred career option. However, the Law Society of Upper Canada (LSUC) is entitled as a self regulated profession to establish its own professional criteria separate and apart from university standards that an applicant must meet to be accredited for membership in the society and hold oneself out as a provider of legal services to the public.
Fair Access to Regulated Professions Act (act)
Why did the Province pass the act?
- The key to Ontario’s prosperity depends on its transforming itself from an industrial to a “knowledge based” economy. Knowledge based work is dominated by self regulated professions.
- Professionals belong to what is known as the “creative class”. There is a global demand for the creative class. The Ontario economy is in a global competition to attract the best and brightest of this creative class to work and live in Ontario. If the creative class is denied the opportunity to work to the full potential of their professional capability they will gravitate to more professional friendly work environments.
- The knowledge base of a profession is based on uniform principles that adhere to a discipline not a jurisdiction. For example, law adheres to a universal knowledge discipline known as jurisprudence. The Bachelor of Legal Laws (LLB) Degree adheres to uniform learning principles in every British Commonwealth country.
- One of the primary powers bestowed on self regulated professions is the right to establish standards for and control the process of “accrediting” degrees as a condition for membership.
- Self regulatory bodies are prone to confuse regulation in the public interest with regulation in their self interest. They routinely set up accreditation criteria and establish standards designed to limit membership in the profession to ensure there is always a sellers market for their services. Restricting access to professionals with a foreign degree is a mechanism utilized to ensure a professional services market is preserved as a “closed shop” for an “old boys network”.
How do Self Regulated Professions Exclude Outsiders?
Self regulated professions discriminate against foreign degree holders by putting a system in place that creates artificial barriers making it very difficult for foreign degree holders, in comparison to domestic degree holders, to have their degree accredited. In human rights law these are know as “systemic barriers”.
Example
Canadian law school students are required to show proof of having taken 6 essential courses that constitute the foundation for the Canadian common law legal system as the sole academic criterion for bar admission. U.K. degree applicants must go beyond proof and demonstrate a high level of proficiency in 14 Canadian law courses; one being taxation law which no student at any Canadian law school is required to take. This is commonly known as an “accreditation tax”. By requiring foreign LLB degree holders to demonstrate twice the level of competency of domestic degree holders you erect a systemic barrier that makes it very difficult for a foreign law degree holder to overcome.
How does the act break down systemic barriers?
The act is what is known as “remedial” legislation. Its purpose is to remedy a situation which is basically denying individuals with one of their most fundamental rights; the right to pursue one’s occupation. Remedial legislation is intended to be broadly interpreted in favour of the person requesting relief. To quote:
S1. The purpose of the act is to help ensure that regulated professions and individuals applying for regulated professions are governed by registration practices that are transparent, objective, impartial and fair.
What’s transparent, objective, impartial and fair?
There are four ways to determine what acceptable standards are for these criteria.
- The self regulated profession is permitted to establish objective accreditation criteria for domestic degree holders. Fairness dictates these same objective accreditation criteria be extended to foreign degree holders.
- The reasonable person test – what criteria would a reasonable person expect to encounter in a normal situation?
- Comparator self regulated professions - for example, how do LSUC practices compare with similar self regulatory bodies; the Certified General Accountants of Ontario (CGAO) Institute of Chartered Accountants of Ontario (ICAO), Society of Management Accountants of Ontario (SMAO)?
- Legal standards - look at legal decisions in related areas of remedial law that deal with elimination of systemic barriers such as human rights discrimination cases
The act establishes what it labels as a Fair Registration Practices Code that contains the following key features:
- Intended applicants, not just holders of foreign degrees, are entitled to apply to the self regulatory body for information about accreditation and the self regulated profession is required to respond in writing within a reasonable time. If you’re intending to obtain a professional degree in an out of country university ask for an advance opinion.
- Access to records that are related to an intended application. This is to be broadly interpreted. What do you need to know to help you make an informed decision?
- Accreditation assessors must be properly qualified.
- S. 10 (2). If a regulated profession makes its own assessment of qualifications, it must do so in a way that is transparent, objective, impartial and fair, and if it relies on a third party to assess qualifications, it shall take reasonable measures to ensure that the third party makes the assessment in a way that is transparent, objective, impartial and fair.
- S. 26 (1) If the Fairness Commissioner concludes that a regulated profession has contravened Part III (Fair Registration Practices Code) or VI or the regulations, the Fairness Commissioner may make such orders requiring compliance with Part III or VI or the regulations as he or she considers appropriate and the order may require the regulated profession to do or refrain from doing such things as are specified in the order.
How are Comparator self regulated professions responding to the act?
Examples
The Federation of Law Societies of Canada National Committee on Accreditation (NCA)
Third Party Accreditation Agent for the LSUC
We will also be looking at the proposed new Ontario legislation re accreditation of foreign professionals when it is released by the Ontario government. I will be in touch with you when we have any information to transmit. In the meantime, I can tell you that all of the material that you furnished this office is with the committee and they have a complete file. I cannot give you any time line by which the NCA will have any information on this particular matter
Institute of Chartered Accountants of Ontario
Dear John Kelly:
I provide below the responses of the Institute of Chartered Accountants of Ontario to the questions you posed in respect of the information session you will be conducting at the Study Abroad Fair.
Transparency - What does it mean and how do the various regulated bodies comply with this requirement? How easy is it to get information on accreditation of foreign credentials, etc.? Does the ICAO site have links to support services that can help foreign credential holders prepare for accreditation?
RESPONSE: Transparency means that candidates for admission to membership should have access to clear and well-defined registration and appeal processes. We are not able to comment on how other regulatory bodies comply with this requirement but we can comment on how the Institute complies. Detailed information on the requirements and processes for application and admission to membership by internationally trained professional accountants is available both in printed form and on the Institute's website. The information is in clear and plain language, provides the details on the specific education, examination and experience requirements, the accreditation/assessment process and criteria for determining recognition of international professional accounting designations as well as about the registration and appeal processes. Application forms and information regarding fees and documentation requirements are also available on the website. Further, the Institute has partnered with the Ontario Ministry of Training, Colleges and Universities on an Occupation Career Path that provides information on all of these matters, together with a listing of various accounting bodies outside Canada for which recognition is granted by the Institute. The Occupation Career Path is available at http://www.icao.on.ca/Admissions/OccupationalFactSheet/page1361.aspx
Is there a designated person who is either a CA or knowledgeable about the CA profession who is available to answer queries?
RESPONSE: There are a number of designated persons who are either CAs or who are knowledgeable about the CA profession who are available to answer questions and offer assistance. These include both staff at the administrative level who can assist with registration, documentation and general information to executive-level (director) positions who are involved with the accreditation/assessment process and with the Applications Committee and Apeal Cmmittee processes. The Director of Admissions, Membership and Licensing and staff in the registrar's office have specific responsibility for matters related to the recognition and admission to membership of internationally trained professional accountants.
Does the ICAO have a list of accredited foreign institutions or programs that are available for guidance?
RESPONSE: Yes. They are posted on our website and published in our various documents available to applicants and others seeking information.
If an Ontario resident is contemplating going abroad to study can they get an advance opinion or guidance from the ICAO on the suitability of their program for practice in Ontario?
RESPONSE: Yes, advance opinions or guidance is available to such persons, including written opinions or advice.
How are foreign credentials accredited; on the basis of the institution, program by program, individual assessment, etc?
RESPONSE: International professional accounting designations are assessed on both an accounting body basis (to determine if they are substantially equivalent to the CA qualification program in Canada looking at the education, examination and experience requirements for admission to membership) and an individual applicant basis (to determine equivalence of previously obtained accounting experience to the experience acquired by a student completing the CA qualification program in Canada or, in some cases, to determine additional exemptions from the Institute's professional program requirements of education and examination). Details of the assessment process are available on the Institute's website at http://www.icao.on.ca/Admissions/OccupationalFactSheet/page1361.aspx
Are foreign credentials assessed using the same criteria that are used for domestic credentials? Is there a double standard or a fair impartial process?
RESPONSE: The international accounting credentials are assessed using the same criteria as for domestic credentials (including members of other accounting bodies in Canada). The assessment determine whether the education, examination and experience requirements of the accounting body outside Canada are substantially equivalent to the education, examination and experience requirements of the CA qualification program in Canada.
What are the qualifications of the assessors? Do they conform to the criteria for assessment and evaluation set out in the act?
RESPONSE: The assessors have all been trained on how to hold hearings and on special considerations that may apply in the assessment of applications and in the processes for applying those considerations. This training involves formal orientation sessions for Institute staff and members of the Applications Committee. There are also formal, detailed written guidelines on special considerations for assessing the qualifications of internationally trained professional professionals and written procedures for conducting hearings to ensure transparency, objectivity, impartiality and fairness.
What is the process for approving foreign credentials? Is is fair, impartial. open,etc.? Is it easy to understand and is there an appeal mechanism?
RESPONSE: We believe that the responses provided to the questions above as well as the Occupational Careers Path document found on the Institute's website provide the details of the process for approving international credentials, and demonstrate that the process is fair, impartial, etc. The Occupational Careers Path is found at http://www.icao.on.ca/Admissions/OccupationalFactSheet/page1361.aspx There is an appeal process available to applicants who are not satisfied with the decision reached by the Applications Committee. Appeals are heard by a separate Appeal Committee. The appeal hearings are conducted in accordance with the provisions of the Statutory Power Procedures Act.
Please feel free to contact me if you have any other questions or require any additional information about the Institute's requirements and processes related to the recognition of internationally trained professional accountants.
Thomas E. G. Warner, BA, FCIS, PAdm
Vice-President and Registrar
The Institute of Chartered Accountants of Ontario
69 Bloor Street East Toronto, ON M4W 1B3
Who’s Responsible for ensuring that the act doesn’t “sit on the shelf”?
The act is administered by the Office of the Fairness Commissioner. Jean Augustine, a well known former politician and person with experience in having foreign teaching credentials accredited, has been appointed as the Fairness Commissioner. The coordinates are:
Office of the Fairness Commissioner
595 Bay Street
Suite 1201
Toronto , Ontario
M7A 2B4
telephone: 416 325-9380
fax: 416 326-6081
e-mail: ofc@ontario.ca
What must be done to ensure that the act fulfills its mandate?
- Self regulated professions are powerful forces with considerable influence.
- The government has recognized the need to curb their influence by injecting transparency, objectivity, impartiality and fairness into the foreign credential accreditation process.
- There is an Office of the Fairness Commissioner and Fairness Commissioner with a legislative mandate to remove systemic barriers from foreign degree accreditation practices.
- The door has been opened for Canadian students to pursue professional education abroad in world class universities and be provided with the opportunity to have their professional degree accredited on the basis of criteria that are transparent, objective, impartial and fair.
- The onus is now on students “intending” to pursue professional educational opportunities abroad and those universities to create foreign degree accreditation coalitions that are regulated profession specific and use the act to require the Fairness Commissioner to enforce the Fair Registration Practices Code.
Appendix “A”
Schedule 1
Regulated Professions
Regulated professions named
1. The following are named as regulated professions to which this Act applies:
1. The Association of Professional Engineers of Ontario.
2. The Association of Professional Geoscientists of Ontario.
3. The Association of Ontario Land Surveyors.
4. The Certified General Accountants Association of Ontario.
4.1 The College of Early Childhood Educators.
5. The College of Veterinarians of Ontario.
6. The Institute of Chartered Accountants of Ontario.
7. The Law Society of Upper Canada.
8. The Ontario Association of Architects.
9. The Ontario Association of Certified Engineering Technicians and Technologists.
10. The Ontario College of Social Workers and Social Service Workers.
11. The Ontario College of Teachers.
12. The Ontario Professional Foresters Association.
13. The Society of Management Accountants of Ontario.
