1

Commissaire à l’admission aux professions

The New Landscape

of Labour Mobility:

Looking at Trade

Agreements and

Beyond

Presentation by André Gariépy, Commissioner,

at a Round Table on International Labour Mobility,

Innovation and Growth,

Dalhousie University

Halifax, Nova Scotia, 12 June 2018

2

Presentation Outline

• The Commissioner.

• International Migration.

• Economic aspects of labour mobility.

– Trade agreements.

• Social aspects of labour mobility.

• Building a strategy on labour mobility.

2

3

The Commissioner

for Admission

to Professions

4

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.

Functions-Mandate

3

5

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.

In either complaint, verification, study, research,

opinion or recommendation mode.

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.

4

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.

8

International Migration

5

9

International Migration

• Numbers

– According to ILO (2010), out of the

214 millions of migrants in the world,

90% are skilled workers (often high skilled).

• Issue for the global labour market.

• Issue of qualification recognition.

10

International Migration

• Positive aspects.

– Management of global workforce shortages.

– Development of host countries.

• Demographics

• Short term or long term response to shortages

• Innovation

• New markets

– Some advantage for countries of origin.

• Remittances

• New markets

6

11

International Migration

• Negative aspects.

– ‘Poaching’ of skilled workers by developed

countries.

– Lost of development capacity for countries of

origin.

• Economy, health.

– Possible impact on social cohesion in host

country, if not well managed (political

acceptance, positive discourse).

12

Economic Aspects

of Labour Mobility

• Trade agreements

7

13

Trade Liberalization

• Vision from the world of trade.

– Free flow of goods/capital and free movement

of people allow the market to generate growth

and prosperity for all.

– Trade will balance shortage and surplus in the

labour market between regions in the world.

14

Trade Liberalization

• Trade agreements.

– Multilateral (ex. GATS-WTO 1995).

– Plurilateral (ex. CP-TPP 2018).

– Regional (ex. NAFTA 1994, European

Union 1952 to date).

– Bilateral (ex. Canada-US 1987).

– Hybrid (ex. CETA Canada-Europe 2016,

TTIP-US-Europe 201?)

8

15

Trade Liberalization

• Trade agreements within a country.

– Across the country (ex. AIT 1994, Canadian

Free Trade Agreement CFTA 2017, all

provinces).

– Bilateral (ex. Québec-Ontario 2009).

– Regional (ex. British Columbia, Alberta and

Saskatchewan 2010).

16

Trade Liberalization

• Lifting barriers to circulation of goods and

services.

– ‘Domestic regulation’, Technical barriers to

trade’, ‘Access to market rules’.

• Ideally, no regulation, and if so one

regulation/standard, or mutual recognition.

– Including mobility of people and services

providers and recognition of their

qualifications.

9

17

Trade Liberalization

• Recent agreements and those under

negotiation provide for more elaborate

obligations and mechanisms for mobility.

– Cross-border services.

• Employee or independent service providers.

– Temporary movement of “natural persons”.

– Mutual recognition of qualifications.

18

Trade Liberalization

• Canadian federal government has

announced its intention to push for more

mobility and mutual recognition content in

future trade agreements.

10

19

Trade in Regulated

Professional Services• A topic that has gradually gained

importance over the last 30 years.

– Markets more active along globalization of

companies and organizations.

– Strategic sectors with economic added-value.

– Professional regulation suspected of

protectionist agenda.

20

Trade in Regulated

Professional Services• Sectors that are more than markets to

liberalize.

– Activities with risks (potential harm, ex.: health

services).

– Professional regulation is also a legitimate

social policy.

– Require a specific analysis and adapted

solutions with regard to trade liberalization.

11

21

Trade Agreements and

Professional Regulation• General objectives.

– Liberalize, to the extent possible.

– Mutually recognize qualifications.

• For people and systems.

– Process applications efficiently and in

transparency.

– Independent recourse (review, appeal).

22

Qualifications Recognition and MRA

• Mentioned in some trade agreements.– GATS, ASEAN, CARICOM.

– Weak implementation.

– Limited scope, often for temporary movement, under supervision and for more experienced practitioners.

• 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.

12

23

Qualifications Recognition and MRA

• Appearing in recent trade agreements or under negotiation.

– CETA 2016 (based on the Québec-France Agreement).

– CP-TPP 2018.

– TISA (not text available yet).

– More details, greater expectations and wider scope.

24

Social Aspects of

Labour Mobility

• Looking beyond trade

agreements.

• Human and social rights.

• Qualifications recognition.

13

25

Challenge of Labour Mobility

• Balance the rights and interest of

individuals and those of the countries of

origin and host countries.

– Economic efficiency and development.

– Fundamental rights and social justice.

26

Challenge of Labour Mobility

• A phenomenon in search of standards and

of a comprehensive governance

framework.

– Both internally and globally.

– Intersecting economics, social justice and

fundamental rights.

14

27

Global Set-up and Initiatives

• International normative instruments

(ex.: conventions, recommendations and

multilateral frameworks of ILO).

• Lisbon Convention on Recognition of

Qualifications in Higher Education (1979, 1997,

2019?).

28

Global Set-up and Initiatives

• Global Compact for Safe, Orderly and Regular

Migration (2018?)

– Outcome of global dialogue under the UN.

– Non-legally binding but comprehensive and

far reaching.

– Objectives and commitments with suggested

actions (policy options, best practices).

15

29

Internal Initiatives

• European Union.

– Free movement of people within the Union.

• European countries responding to massive

refugee migration.

– Applicable to other forms of migration.

30

Building a Strategy

on Labour Mobility

• To live-up to obligations.

• To manage an unavoidable

reality.

• To make it an opportunity

for economic and social development.

16

31

Common Features

of Promising Initiatives• Holistic approach.

– Whole-of-government.

– Whole-of-society.

– Shared strategy, goals and responsibility.

• Breaking silos.

– Intersecting all aspects of labour mobility.

• Interdependent and of equal relevance.

32

Common Features

of Promising Initiatives

• Close coordination of actors.

– Immigration, labour, education, regulatory

bodies.

17

33

Contact Info

André Gariépy, Lawyer, F.C.Adm.

Commissioner for Admission to Professions

Telephone : +1 (514) 864-9744

Email : commissaire@opq.gouv.qc.ca

Website : www.opq.gouv.qc.ca/commissaire