PROMPT

1
PROMPT

• Occupational Regulation in the Public Interest
  An Enhanced Accountability Framework
• Policy Roundtable Mobilizing Professions and
  Trades

2
Presenters

• Gurmeet Bambrah
• Coordinator of Council for Access to the
  Profession of Engineering
• Jane Cullingworth
• Coordinator of PROMPT
• Faviola Fernandez
• Volunteer - research working group

3
Presentation

• About PROMPT
• Context of research
• An enhanced accountability framework
• Overarching principles
• Values
• Accountability mechanisms
• Discussion

4
Who and what is PROMPT?

• PROMPT is an Ontario based coalition of
  immigrant professional associations developing
  and promoting policy solutions to increase access
  to professions and trades

5
Members include

• Profession Specific
• Council for Access to the Profession of
  Engineering
• Association of International Physicians and
  Surgeons of Ontario
• Community Specific
• Chinese Professionals Association of Canada
• Black Business Professional Association

6
Members include

• Community Profession Specific
• MOHANDES Canadian Association of Iranian
  Architects and Engineers
• Filipino Nurses Association Ontario
• Umbrella and Community Groups
• Ontario Council of Agencies Serving Immigrants
• Toronto Organizing for Fair Employment

7
Model and philosophy

• Led by immigrants
• Advocacy across professions and trades, not
  profession specific
• Input from key stakeholders
• Develop credible policy recommendations from an
  immigrant perspective
• Advocate for policy changes

8
Chronology and priorities

• PROMPT started meeting in Jan 2003
• Identified six priority areas for research
• One was to explore the role of regulatory bodies
  and to recommend enhanced accountability
  mechanisms in the registration process

9
Research process

• Consultant conducted literature review, key
  informant interviews with stakeholders, focus
  groups with regulatory bodies, civil servants
• PROMPT working group and roundtable active
  participants in directing, shaping and writing
  the paper
• Final product will be a discussion paper with a
  preliminary proposal for an enhanced
  accountability model

10
Public interest

• Premise of the paper is that public interest has
  been too narrowly defined
• Different interpretations of what is meant by the
  public interest
• Shift in thinking needed from a focus on
  ensuring that the incompetent are kept out to
  ensuring that all those competent are let in
• Regulation must ensure safety as well as access

11
Context - regulation

• According to CPRN report 2004
• On macro level, trend in regulation is towards
  open processes, accessibility and transparency
• Effective regulation depends on public trust
• Public more sophisticated, greater demands of
  accountability

12
Context legal frameworks

• Legislatively regulatory bodies are rooted in
  English common law
• Legal foundation needs to reflect progressive
  developments in human rights
• Focus on safety and health is rooted in physical
  standards rather than on the rights of the human
  population as reflected in international human
  rights law

13
Context demographics

• Canada, and in particular Ontario, has witnessed
  dramatic demographic change
• The systems created by regulatory bodies to
  assess qualifications are based on education
  systems similar to Canadas and have an
  exclusionary impact on internationally educated
  professionals
• Systems of assessment need to be created to
  fairly evaluate immigrant credentials and skills
• Regulators have a responsibility to respond to
  this serious public policy issue

14
Momentum for change

• High profile of issue
• Many initiatives to increase access (bridging
  programs, Regulators for Access)
• Immigrant voice has not been central to these
  solutions
• Solutions have focused on individual behavioural
  change not systemic change

15
Preliminary accountability framework Overarching
principles

• In the public interest
• All qualified and competent are licensed
• Accountable to the public
• Demonstrated publicly
• Equitable
• Assessment is not biased by particulars of the
  individual or the labour market

16
Preliminary accountability framework Values

• Relevant
• Criteria only considers skills, knowledge and
  experience
• Consistent
• Within each profession consistent application of
  minimum standards
• Transparent
• Criteria, processes and outcomes communicated
  publicly

17
Preliminary accountability framework Values

• Timely
• Reasonable and defined time frames are met in all
  stages of registration
• Affordable
• Fees are justifiable and do not compromise access
• Accessible
• Requirements for licensure must be attainable

18
Preliminary accountability frameworkValues

• Respectful
• Applicants knowledge, skills are experience are
  acknowledged
• Defensible
• Onus is on regulatory stakeholders to ensure
  registration processes are in accordance with the
  accountability framework

19
Preliminary accountability framework
Accountability mechanisms

• Regulatory bodies required to do audits
• Outcome audit
• Determines if proportion of licensed immigrant
  professionals is proportional to their numbers in
  the broader professional community
• Process audit
• Determines compliance with overarching principles
  and values

20
Preliminary accountability framework
Accountability mechanisms

• Process action plan
• The audit results in an action plan by each
  regulator, with other relevant stakeholders where
  necessary
• Plan identifies goals, an implementation strategy
  with concrete timelines and defines reporting and
  accountability mechanisms

21
Preliminary accountability framework
Accountability mechanisms

• Annual accountability report
• To provincial government and the public to
  provide
• Report on process action plan
• Statistical reporting (including number of
  applicants, licenses granted and denied)

22
Preliminary accountability framework
Accountability mechanisms

• Government appointees on council
• Clear accountability role defined by government
• Thorough and consistent orientation
• Regular and independent reports
• Representation does not equal accountability

23
Preliminary accountability framework
Accountability mechanisms

• Governance representation
• Categories of seats in Council are designated to
  ensure that the current composition of the
  broader professional community in terms of place
  of training is reflected

24
Preliminary accountability framework
Accountability mechanisms

• Appeals processes
• Arms-length appeal boards must exist in each
  profession or across sectors
• Consists of assessors not involved in original
  process
• Assessors are knowledgeable about technical and
  process aspects of the appeal

25
Preliminary accountability framework
Accountability mechanisms

• Centralized accountability body
• Provides overarching accountability structure for
  occupational regulation
• Enforces implementation of accountability
  framework
• Coordinates appointment of lay members
• Oversees appeal processes
• Body could be a third party or a government
  department

26
Discussion

• Are the ideas understandable?
• Are the ideas reasonable?
• What are the implications?
• Whose responsibility should action be?

27
Contact information

• Jane Cullingworth/Faviola Fernandez
• Phone [phone] x 4302
• Email janecullingworth_at_cassa.on.ca
• Website www.promptinfo.ca
• Mailing list web_at_cassa.on.ca
• Gurmeet Bambrah (CAPE)
• Phone [phone] x 4306
• Email bambrah_at_cassa.on.ca
• Website www.capeinfo.ca