manitoba fair practices for the assessment and recognition of internationally educated ... ·...

Manitoba Fair Practices for the Assessment and Recognition of Internationally Educated Applicants

Manitoba Fair Practices2

Table of ContentsIntroduction 3

1. Substantive Equality 4

2. Accessibility 5

3. Transparency 8

4. Validity and Reliability 12

5. Inclusion of Competency-Based Assessment 15

6. Partial Recognition 16

7. Due Process 18

8. Continuous Improvement 20

Sources Consulted 21

3Manitoba Fair Practices

Manitoba intends to increase immigration to reach

20,000 annual arrivals by 2016. To support this increased

immigration and expected economic growth, a variety of

systemic changes must occur. To achieve this, the

province is committed to improving formal recognition

processes for immigrants.

Our goal is to work with regulators to ensure that all

qualifi ed practitioners are recognized. To help regulatory

bodies ensure fair practice, Manitoba will provide

information, expertise and assistance. If you would like

to explore options for improving your practices, and learn

about fi nancial and other support, please contact

Manitoba Labour and Immigration at 204-945-7353.

Introduction This document is the result of extensive consultation with stakeholders, including regulatory bodies,

educational institutions, employers, community service agencies and immigrants. Its purpose is to

present fair assessment and recognition practices, particularly as they relate to internationally educated

individuals. It is intended to be a lens regulatory bodies can use to review their practices, to ensure they

are fair for all applicants.

It is important to note that the fair practices outlined in this document are separate and distinct from the

occupational practice standards set by regulatory bodies. We recognize that regulators are best able to

set and maintain standards to ensure that applicants are qualifi ed to practise safely, competently and

ethically.

This document affi rms that fair and equitable processes can be achieved while maintaining appropriate

occupational standards. By highlighting examples of best practice, it supports understanding of how

different approaches promote fairness, guide regulators in their continued efforts to improve processes,

and inform them of available supports.


1. Substantive Equality This principle is inherent in the assessment and recognition of skills and qualifi cations of all

internationally educated/trained applicants.

Our society recognizes that equal treatment and equal opportunity are not always suffi cient to achieve a

just outcome. Substantive equality refers to an approach to policies and practices that aim to produce fair

results. It recognizes that barriers to equality are a product of a broader social context of inequality and

that this context calls for us to treat individuals and groups differently to treat them fairly.

For many immigrants with an engineering background,

certifi cation as a technologist with the Certifi ed

Technicians and Technologists Association of Manitoba

(CTTAM) is part of their path back into employment in

their fi eld. However, one of the requirements for

certifi cation with CTTAM is completing a technical report.

In the past, this has been a barrier to immigrant

candidates unfamiliar with the format and style of such

reports.

CTTAM and Manitoba Labour and Immigration have

developed a program to assist immigrant candidates with

report writing. In addition to classroom time that helps

participants with mechanical issues of English, the

program matches students with mentors from the same

professional background to advise them on the technical

aspects of report writing.

An added benefi t of this program is that it offers the

possibility of paid work experience to individuals who are

unemployed or underemployed. By recognizing the

special licensing barriers that immigrants face and

creating suitable programming, CTTAM is helping

immigrants to be successful in the fi rst step (licensure)

and in the ultimate goal: re-employment in their fi elds.


1 Characteristics outlined in The Human Rights Code of Manitoba s. 9(2) are: ancestry, including colour and perceived race; nationality or national origin; ethnic background or origin; religion or creed, or religious belief, religious association or religious activity; age; sex; gender-determined characteristics or circumstances other than those included in clause; sexual orientation; marital or family status; source of income; political belief, political association or political activity; or physical or mental disability or related characteristics or circumstances.

The website of the College of Registered Nurses of

Manitoba (CRNM) has a wide variety of information,

materials and links for nurses overseas seeking licensure

in Manitoba. This includes the application form, along

with detailed instructions for completion in multiple

languages. The site has a question and answer section,

links for the agency used by CRNM to evaluate

international nursing credentials and information about

English language profi ciency requirements.

Potential applicants can also learn about the Canadian

Registered Nurse Exam (CRNE), normally the last step in

the licensing process. The site gives links to a

preparation guide for writing the CRNE, as well as an

online practice test. There is also material about nursing

practice consultants, who can help candidates prepare

for the test, and a list of dates and locations for the exam

in the current year.

2. Accessibility2.1 Access to the assessment process and its outcomes is available pre-migration when and where possible.

There are several arguments for immigrants being able to complete assessment of their professional

credentials before arrival in Canada. Typically, those who begin the process after arrival meet with

surprises and unexpected delays. Without Canadian certifi cation, candidates have trouble working

in their profession, and must often live on savings or take survival jobs while assessment is

underway. During this time, the individual is demoralized by underemployment and stressed

because the professional skills they brought to Canada are becoming stale. This is especially critical

in science and technology-based sectors where ongoing change requires practitioners to keep their

skills current.

Having the result of an assessment prior to arrival in Canada is important for another reason.

Knowing how or if your credentials will be accepted in another country can be a major factor in

deciding to immigrate. The cost of a professional paying for an assessment before immigration is

small compared to the much higher cost (in personal and monetary terms) of coming to Canada.

Improved access to pre-migration assessments is thus an issue of both equity and effi ciency. It

would allow potential immigrants to make better informed decisions, and it hopefully would reduce

the disillusionment associated with waiting for assessment processes in Canada. It would also lead

to a quicker integration of skilled immigrants into the labour market, once they have arrived.

2.2 Access to the assessment process and its outcomes is not limited by characteristics identifi ed in s. 9(2) of The Human Rights Code of Manitoba1.

Regardless of an applicant’s specifi c characteristics (as per footnote 1) they should have access to a

registration process that is objective, transparent, impartial and fair. In the end, this may also mean

making certain accommodations. Allowing the use of dictionaries or translators in examinations or

permitting extensions to time for sittings are changes that could support a more level playing fi eld

and ensure fairness.


2.3 Access to the assessment process and its outcomes is not subject to unreasonable fees.

Fees for various aspects of the registration process (credentials assessments, examinations etc.)

should be kept as low as possible, allowing for cost recovery only. Given that many newcomers are

unemployed or underemployed while seeking registration, even minimal costs can limit their access

to a profession. Lack of work or credit history and Canadian references can also prevent them from

getting bank loans or using existing funding programs. Where possible, initial registration fees

should be prorated and payment plans offered. Once a newcomer is registered and working in a

profession their ability to pay fees expected of all practicing members is more equal.

2.4 Access to the assessment process and its outcomes is not affected by labour market conditions.

The regulator’s role is to serve and protect the public by ensuring that all registered practitioners are

competent and practicing safely and ethically. Whether or not there is a labour market demand for a

particular profession, bodies should process applications consistently. Applicants should not expect

delays or changes to processes when labour market demands fl uctuate. Changes such as these may

be viewed as attempts to “gate keep” rather than to maintain professional standards.

2.5 Access to the assessment process and its outcomes is not subject to unreasonable delays.

If an application is submitted but is not complete, a body should make every effort to inform the

applicant of missing information as soon as possible. The onus should then be on the applicant to

provide the missing information.

Delays in processing translate into precious time away from a profession. In the end, applicants lose

skills and may be less able to complete exams for registration or satisfy eligibility requirements such

as currency of practice. Similarly, infrequent examination sittings may further delay licensing

processes. Preferably, there should be a number of exam dates in a given calendar year.


2.6 Access to the assessment process and its outcomes is not limited by geographical factors.

Some licensing processes involve out-of-province travel. Costs of airfare, accommodations and

meals add signifi cantly to assessment costs, and can be a barrier to immigrants. As a result,

candidates may delay their licensing process, which also has a negative impact on currency of

practice. Wherever possible, the opportunity for licensing assessment should be available within

Manitoba.


3. Transparency3.1 Assessment and recognition processes are open to public scrutiny and clear to all involved.

3.1.1 All information on assessment and recognition processes should be written in plain language.

Materials written in plain language present information in a way that makes them as easy as

possible for people to understand. Plain language does not dumb down, oversimplify or make

information less precise. It reduces chances of misunderstandings and therefore saves time,

both for the body providing the information and for the individuals reading their materials.

More time can be spent doing, because less time is spent explaining.

Where instructions are provided in plain language, individuals are more likely to understand

them and follow them correctly. Efforts to write in plain language are likely to result in an

increase in “complete” applications which could mean decreased processing times, timelier

professional re-entry and improved skill retention of newcomer professionals.

People start exploring routes to formal recognition at various stages in their language

development. To encourage realistic planning and goal setting it is important that people have

a clear picture of the registration process and its requirements as early as possible.

3.1.2 Information is made available to applicants on the nature of the assessment procedures and the existence of any review or appeal processes.

Fully informing applicants of how the assessment process works will help them to decide whether

to pursue professional registration, when to pursue it and how best to prepare. For example,

studying for licensing examinations after being out of school for years is a daunting task for

anyone. If English is not your fi rst language and you come from a country with a different

educational system, this can be overwhelming. Knowing how you will be assessed can result in

better preparation and reduced exam anxiety. Since multiple choice examinations are not

common in many countries, courses that teach strategies and provide exposure to this form of

testing can be very helpful.

Early in 2007, the College of Occupational Therapists of

Manitoba (COTM) undertook a plain language review of

some of their materials being used by immigrant

applicants. These included the Application for

Registration and Application for Renewal forms, as well

as the Application Guide for Internationally Educated

Applicants.

A specialist in plain language was contracted to revise

the COTM materials. The specialist worked with an

occupational therapist to ensure that changes made to

the language did not affect the accuracy of information

about COTM’s application processes.

As well as making COTM materials understandable to a

typical immigrant user, the plain language review had

other benefi ts. COTM reorganized how it presented

information on its website. Applicants now have clear

guidance about licensing steps they can complete before

arriving in Canada versus those that must be done once

they are here.


Internationally educated engineers seeking licensing

in Manitoba have access to a variety of resources

through the Association of Professional Engineers and

Geoscientists of Manitoba (APEGM). APEGM, in

co-operation with Manitoba Labour and Immigration,

has developed a fact sheet and a resource guide for

internationally educated engineers. As well, the

association’s website has clear, detailed information

about application and assessment processes.

The fact sheet provides an overview of processes and

costs of licensing with APEGM, and is available through

the Manitoba Labour and Immigration office, its website

and through agencies that it funds. The resource guide

includes a detailed flow chart that maps out the steps

involved in licensing as a professional engineer in

Manitoba. Supporting text explains the different routes

to academic qualification from APEGM and includes a

variety of possible outcomes of the academic

assessment. APEGM uses the guide with every

internationally educated applicant.

The guide also includes helpful information on such

topics as language testing and development,

employment support and sources of financial assistance

for the licensing process. Copies of the resource guide

are available through APEGM, Manitoba Labour and

Immigration and its funded agencies. Its wide

distribution since April 2006 has done much to demystify

the licensing process among Manitoba’s immigrant

engineers.

Questioning decisions made by individuals or bodies with authority is not common in some

cultures. This is why it is important that individuals know that it is safe and appropriate to ask

for a review or appeal and that there are likely procedures in place to accommodate them.

3.1.3 This information is made available in various formats (ex: written guides, flow charts, orientation sessions, etc.) prior to the commencement of the assessment and recognition process.

Presenting information in various formats follows good adult education principles. It supports

different learning styles and shows awareness of the challenges of understanding information

in a language and culture different from your own. With an increasing use of the Internet for the

spread of information, it is important to remember that many may not have access to it.

Ensuring the availability of written materials supports accessibility. Finally, providing

information in various formats is likely to reduce misunderstandings and save time. When

people have complete, clear and accurate information beforehand, they are able to make

informed decisions about whether or when to pursue formal recognition.

3.1.4 Applicants are provided with information about help and support available to them during the recognition process.

Manitoba has a growing support system for immigrants attempting to obtain professional

licensure. We are the only province in Canada that gives newcomers financial assistance to cover

licensure costs such as application fees, licensing examinations, study materials, etc. The

Manitoba government also funds a number of support programs, such as technical or professional

English, cultural bridging and skills training. Unfortunately, newcomers may not learn of these

supports if they are not in contact with government or a government funded agency. Regulatory

bodies that provide this information support success of qualified newcomers and fairness in

recognition processes. To aid referrals, Manitoba Labour and Immigration is committed to

providing regulators with information about existing supports. The Manitoba government is also

committed to developing further supports for internationally educated applicants in co-operation

with regulators.


3.1.5 Applicants are informed of the criteria to be used in the assessment and recognition processes.

To assess an application for registration, regulators commonly require documentation outlining

level and length of study, course content, grade point average, years of relevant experience and

professional registration or standing in other jurisdictions. Although these requirements may be

made obvious to applicants, how they are used to determine an acceptable level of skill,

knowledge or professionalism, or what they are being measured against, may not be so obvious.

For example, a detailed comparison of course content may be made, between an international

program and a Canadian program, as one means of establishing substantial equivalence in skills

and knowledge. Professional references might be used to confi rm professional integrity, length

and scope of practice, etc., deemed necessary for competent practice in Canada. Providing this

information may increase an applicant’s faith in the fairness of an assessment process.

When professional competencies (also called essential competencies for practice) have been

stated and form the basis for evaluating applicants, they should be made readily available.

These documents allow individuals to self-assess, to identify competencies they possess or

don’t possess, and to better understand the expectations of practising in Canada. In the end,

they may also help candidates better understand the results of their assessment by a body.

3.2 On completion of assessment or recognition procedures, applicants are provided with a written statement explaining the results.

3.2.1 Applicants are provided with a clear statement of their results, including details of what they have achieved against agreed assessment criteria.

When unsuccessful applicants have a clear understanding of their gaps, they are better able to

make decisions about their remediation efforts. In the end, this could save applicants time and

money, and help them prepare better for future attempts at registration. Helping individuals

understand that they have not met certain requirements may also improve understanding of

how their profession is practised in Canada.


It is important that qualifi cations recognition includes

processes for unsuccessful candidates so that

unfavourable results do not mean a dead end for the

applicant. For example, the Certifi ed General

Accountants Association (CGA) of Manitoba allows

participants in its program to request re-grading of

exams. Exams are reread by an independent grader and

the candidate receives written confi rmation of the

re-grading and a detailed mark breakdown for all

questions from CGA Canada.

Students may also receive a critique of an exam

performance. In such cases, the examiner makes a

question-by-question analysis of the student’s strengths

and weaknesses. Information on this process is available

online in the CGA Student Services Handbook.

CGA Manitoba is also involved in other programs to

improve outcomes for its immigrant students. In co-

operation with Manitoba Labour and immigration, CGA

Manitoba has developed a communication course for

immigrant accountants and an accelerated professional

career development program for internationally educated

accountants. The fi rst is a preparatory course designed to

help immigrants successfully complete the CGA

communications course. The accelerated program

addresses the educational and experience gaps of

immigrant accountants to help them reach the

professional level of CGA studies. It allows immigrant

students to condense roughly four years of part time

study into a one-year, full time program.

A results letter for successful applicants ensures they have relevant information such as: the

qualifi cation granted (ex: certifi cate, license, registration etc.); the designation and the

authority it carries; the responsibilities of the designation and even possible routes to advance

a designation. Such a letter would support success in practice and could also help ensure that

a body’s expectations for professional conduct are fulfi lled.

3.2.2 Wherever possible, advice is provided to unsuccessful candidates on addressing skills/knowledge gaps that must be closed before full recognition can be achieved.

One of the challenges newcomers face when attempting to improve unfavourable licensing

results is knowing where to go or what to do. Existing options should be laid out, whether that

means redoing the same requirement (ex: licensing examination) or agreeing on an alternate

means of addressing the gap or weakness (ex: individualized learning contract). This supports

goal-setting and it enables success.


4. Validity and Reliability 4.1 Assessment and recognition criteria refl ect current professional practice standards.

Internationally educated applicants should be required to demonstrate the skills and knowledge

identifi ed as essential to the safe and effective practise of the profession. These should be the same

as those expected of fi rst-time or newly registered practitioners. In other words, criteria must be

meaningful, rather than arbitrary.

4.2 Assessment tools and processes meet standards that are widely accepted by qualifi ed assessment professionals, regarding both their validity and reliability.

Tools and processes should test what they are intended to test, and results should be dependable over

time. Ideally, assessment tools should be analyzed, by individuals with various types of expertise, to

ensure minimal cultural bias and clear, understandable language. For tests to be fair, they must

consider cultural and linguistic diversity.

Multiple choice examinations are an example of a commonly used assessment tool. They are

relatively inexpensive, quick to administer and review, and can be easily altered from sitting to

sitting, especially if a question bank has been established. Multiple choice exams are commonly

used in Canada. The majority of candidates for registration are familiar with them and success rates

are typically high.

However, the multiple choice test is not as common in other countries as it is in Canada, and it is

questionable whether it is as valid and as reliable for testing internationally educated applicants.

Immigrants who join workshops to learn strategies for multiple choice examinations, typically fare

better than those who don not. Interestingly, these workshops are often generic and do not focus on

content. Much can be done to improve multiple choice examinations for use in testing internationally

educated applicants.

Recently, the Canadian Association of Occupational

Therapists analyzed their national licensing examination.

It found that rewording many questions made the test

more likely to measure occupational therapy expertise

than English language ability. They worked with plain

language experts to rewrite their examination questions

and reduced the length of their examination from six

hours to four. In the end, they realized they were testing

endurance over occupational therapy knowledge and

could confi dently test for what was needed with a shorter

examination.


A new development in language testing for licensure is

the occupation specific test such as the Canadian English

Language Benchmark Assessment for Nurses (CELBAN).

This test is rapidly being adopted by nursing regulators

across Canada as the measure of English competency for

immigrant applicants. Rather than being a generic

measure of English language, it uses vocabulary and

situations specific to nursing, and is based on

benchmarking of language levels required for nursing in

Canada.

The College of Occupational Therapists of Manitoba is

also working on an occupation specific language test,

known as the Occupational Therapy English Language

Assessment (OTELA). Unlike the test developed for

nurses, the OTELA is intended to complement, rather

than substitute, for other language tests. It will be used

to determine both the type of licence that immigrant

occupational therapy candidates are given as well as the

level of support that they will need to function in a

clinical setting. When fully developed, the OTELA will be

interactive and will include content and scenarios drawn

from a variety of settings where occupational therapy is

practised. Matching the version of the test with the

background of the candidate will help ensure that results

are both reliable and relevant to the safe practise of the

profession in Canada.

4.3 Assessment and recognition processes produce consistent results, regardless of the particular applicant or assessor.

The emphasis on substantive equality means that recognition processes must sometimes differ, to

fairly accommodate differences among applicants. However, even with such differences, results

should be consistent, regardless of who administers the processes.

4.4 Where a demonstration of English/French language fluency is required, processes are established for the identification of proficiency levels that are directly relevant to the safe and effective practise of the profession. Appropriate language testing tools are employed.

It is important that English language standards used for licensure in Canada reflect the language

used in professional practice. In Manitoba, the Canadian Language Benchmarks have been used to

analyze some occupations and their associated training programs. These studies have shown that

training programs often require English language skills that are one to two levels above what is

typically required to practise a profession. When this happens, if English language standards for

professional practice are the same as those used for entry into academic programs, immigrant

applicants will be disadvantaged.

Another important consideration is the type of test chosen to measure English language abilities.

Until recently, the TOEFL (Test of English as a Foreign Language) was the standard for second

language testing in North America, and was popular with regulators as the measure of English

language competency. However, in recent years, alternatives such as the CanTEST have been

developed. They are less expensive than the TOEFL, do not place such an emphasis on grammar and

use real-world materials, such as newspaper articles and broadcast interviews as the basis for

questions.

We encourage regulators to be aware of the variety of English language assessments that are used

internationally, and recognize more than just the TOEFL. Immigrants may present results from a

variety of other tests, including the TSE (Test of Spoken English), IELTS (International English

Language Testing Source) or the MELAB (Michigan English Language Assessment Battery), to name


just a few. Broadening the scope of acceptable measures of English competency will save

candidates time, money and needless frustration.

4.5 Cross-cultural awareness is demonstrated by all individuals responsible for the assessment and recognition of internationally educated applicants.

Immigration is transforming Canada into a multiracial, multicultural nation with a workforce that

refl ects this new reality. Those who assess internationally educated applicants need cross-cultural

skills to ensure that immigrants are dealt with in a culturally sensitive manner, and that cultural

factors do not affect the assessment process or outcomes.

To promote cross-cultural awareness and skills, Manitoba Labour and Immigration makes a variety

of training programs available. Depending on fi nancial need, funding may be provided to help offset

costs. The process typically begins with a needs assessment to identify an organization’s unique

requirements around cross-cultural issues. It includes an exploration of what culture is and how it

affects us, and information about working with other cultures. Training may also include such topics

as: cultural barriers to communication and strategies to overcome them; problem solving/mediating

between cultures; making organizations welcoming to diverse cultures and understanding existing

equity legislation. Organizations can also get help with writing their materials in plain language so it

is understandable to diverse audiences.


5. Inclusion of Competency-Based Assessment5.1 Assessment or recognition procedures provide applicants with opportunities to demonstrate education, skills and knowledge no matter how, where or when they have been acquired.

Competency-based assessment allows for the evaluation of the complete package an individual has

to offer. The emphasis is on an individual’s knowledge, skills and abilities rather than on where or

how they have been acquired.

Internationally educated professionals, particularly those who have been in practice for years, often

ask for opportunities to show what they know and can do. As long as they understand the

expectations of those evaluating them, this is generally thought to be a fair practise.

5.2 Competency-based assessments are used and consider information from a variety of sources, contexts, and situations.

Most registration processes consider knowledge and skills acquired through post-secondary

education and some supervised professional work experience. Immigrants often bring knowledge

and skills acquired in other contexts, particularly if they have been working for many years. Since

different practice environments produce different skills, competency based assessments could

verify skills that a paper credential might not predict. They could also identify gaps that a candidate

needs to address to meet Canadian standards for practice.

Evaluation methods could include accepting: professional references or performance reviews from

colleagues, supervisors, clients/patients; non-formal learning opportunities such as professional

development workshops and lectures; self-assessment exercises; practice histories from overseas

licensing bodies and professional associations, etc.

The field of early childhood education has used both

prior learning assessment and competency-based

assessment in its recognition process for many years.

Over time, it was realized that many immigrant

candidates for certification as early childhood educator II

(ECE II) could benefit from a more streamlined process.

Accordingly, the Manitoba Child Care Association and

Manitoba Labour and Immigration developed the

Internationally Educated Qualifications Program (IEQP)

for immigrants with early childhood education

backgrounds.

The IEQP is not only an assessment process, but it is also

a way for candidates to gain Canadian work experience.

Participants enter a 14-week, paid work experience

placement with a licensed child care facility where they

are observed four times by two different assessors. The

assessors compare the work observed against a

checklist of competencies for early childhood educators.

Participants must also develop a Documentation File that

includes various materials relevant to their assessment.

Assessment is based on the workplace observations,

discussions between the assessors and the participants,

and the Documentation File. A final meeting between the

assessment team and the participant addresses

competencies and learning gaps and decides whether

classification as an ECE II is warranted. Where gaps are

identified, the team develops a learning plan for the

candidate to complete before classification will be

granted.


In Manitoba, teachers and veterinarians are among the

professions that do grant provisional or limited licenses to

internationally educated applicants. International teachers

who have been granted a Canadian work visa and who meet

the requirements for certifi cation would be eligible for a

provisional certifi cate. It would be valid for the period of their

work visa. Applicants who are landed immigrants or Canadian

citizens, but do not meet the requirements for permanent

certifi cation, may be granted a three-year provisional

certifi cate.

An attractive aspect of the provisional teacher certifi cation is

that it entitles holders to the same salary paid to those with

permanent certifi cation. The three year period is time for the

candidate to complete the requirements identifi ed by

Manitoba Education, Citizenship and Youth and achieve

permanent certifi cation. Teachers working with a provisional

certifi cate may also apply for one, three-year extension.

Internationally educated veterinarians also have the

possibility of working prior to full licensure. Candidates with

education assessed as equivalent to Canadian programs are

eligible to write the Canadian Veterinary Medical

Association’s National Examining Board exams for

veterinarians. Candidates who are successful on the fi rst two

exams are eligible for temporary licensing with the Manitoba

Veterinary Medical Association (MVMA). Temporary licensees

have two years to complete the fi nal, clinical exam which

leads to permanent licensure. During the two year period they

may work under the supervision of a licensed veterinarian

according to conditions specifi ed by the MVMA. If the

candidate does not pass the clinical exam before the end of

two years, the MVMA will review their case and either revoke

the temporary license or grant an extension.

6. Partial Recognition6.1 Partial recognition is granted to qualifying applicants. This recognition could take the form of:

6.1.1 Provisional or conditional licence/certifi cate

6.1.2 Limited or restricted licence/certifi cate

Many regulatory bodies in Manitoba already recognize the value of allowing individuals to

practise under supervised conditions. These periods of practice have set timeframes and

expectations, and supports are usually arranged for practitioners. These designations can help

further confi rm competence or allow for remediation to occur in a hands-on and practical way.

At times, they are granted as an intermediate licensing stage between examinations. Allowing

someone to practise conditionally provides Canadian work exposure that may help in obtaining

full licensure. Until gap training opportunities are the rule, rather than the exception, this type

of experience will continue to be important. Colleagues and supervisors are well placed to

evaluate and provide feedback to both the individual and the regulator. The Manitoba

government provides supports such as language tutoring and dollars for additional supervisory

hours.

Sometimes, international education and training is so specialized that qualifying as a

generalist, as required by many professions in Canada, is very diffi cult for immigrants. Finely

honed skills and knowledge are often wasted, because obtaining full recognition is such a

challenge. Some regulated professions lend themselves very well to allowing people to practise

in a specialized or restricted capacity for the long-term. Regulators could consider changes to

their legislation, regulations or bylaws to allow for safe, effective, but limited practice of a

profession.


6.2 An applicant who is granted partial recognition is only reassessed in the areas in which he/she did not initially meet occupational standards. Time frames for reassessment are consistent with standards for currency of practice.

Provided the reassessment takes place within a reasonable time, applicants should not be retested in

the areas where they have already demonstrated competence. Regulators would then need to provide

detailed feedback about areas of weakness to allow the candidate to focus remediation efforts. If, for

example, someone demonstrates seven out of ten required competencies, they should be directed on

how to remediate, and then told how competence will later be determined.


7. Due Process7.1 Review and appeal mechanisms are established as part of the assessment and recognition processes.

Canada is an open society where the right of appeal is imbedded in our legal system. To refl ect this

reality, and ensure transparency and fairness to all candidates, appeal should also be an option in

all regulatory processes. This is especially true of the assessment of international credentials, for a

number of reasons. Equating a credential earned overseas with a Canadian credential is not always

an exact science because of limitations and inconsistencies in the information (databases, print

references) on which assessments are based. Those working with immigrants on credentials issues

are familiar with anecdotal reports about credentials that appear to be highly similar, yet are given

different valuations from assessing bodies.

Another issue is that documentation required for assessments may not always be readily available

from the country of origin. In many African countries, war and other civil unrest have made it diffi cult

to obtain educational documents, while in the former Soviet republics, signifi cant changes in

educational systems since 1989 have had similar effects.

An appeal can be an opportunity for an applicant to present new information or possibly alert a body

to an error in their assessment, resulting in a change in their fi nal decision. Or, it may allow a body to

confi rm for the applicant that the assessment was properly conducted. In the end, this helps the

applicant understand why a decision was rendered and confi dently accept the result. Proactively

informing applicants of their rights improves transparency.

7.2 Unsuccessful applicants are provided with information and advice about review and appeal mechanisms to enable them to seek a review or lodge an appeal.

Although most bodies have well-established appeal mechanisms and review processes, they are not

always evident to or easily understood by the internationally educated applicant. The materials and

websites of regulatory bodies should refer to the appeal process; the process should be explained in

plain language and it should not involve undue further expense or hardship for the applicant.


7.3 Records are kept for a suffi cient time to allow for a review. Applicants are informed of the length of time under which an appeal is possible.

Complete records are necessary for a proper review or appeal to be possible. An individual may miss

an opportunity for a review or an appeal if they are not informed of the applicable time frame.

7.4 As far as practical, reviews are undertaken by others than the original decision makers.

Use of an uninvolved third party brings neutrality to review and appeal processes. Fresh eyes and

different analytical approaches can lead to different decisions but may also help a body to

confi dently confi rm an original decision.

Applicants for teacher certifi cation in Manitoba have two

review processes if they disagree with the evaluation

they have received. If applicants were not initially

granted certifi cation but are presenting further

documentation to support their application, a decision

can usually be made based solely on the paper evidence.

There is no further fee in such cases, but a $30

reassessment fee is charged where an applicant was

initially successful but is seeking certifi cation at a higher

class level.

In more complex cases, applicants may ask to appear in a

hearing before the provincial evaluations committee. This

committee meets periodically, depending on the number

of appeals received. The committee includes

representatives from the Manitoba Teacher’s Society, the

Manitoba Association of School Trustees, a post-

secondary educational institution and the director of

education of the Professional Certifi cation Branch of

Manitoba Education. All hearings are held in Winnipeg

and applicants are notifi ed promptly, by letter, of the

committee’s decision. There is no time limit on when an

applicant can launch an appeal after the initial

assessment.


8. Continuous Improvement8.1 Assessment and recognition practices are reviewed regularly against the fair practices outlined above, and action planning to improve practices occurs where necessary.

Conducting an initial review of regulatory practices with someone who brings an outside perspective

can be a useful exercise. Staff at Manitoba Labour and Immigration have conducted pilot reviews

and have helped to set action plans with a number of regulators. They are available to assist with

this process and have much to offer, including fi nancial support.

8.2 Internationally educated applicants are engaged in reviews and are given an opportunity to recommend improvements to practices.

When building processes and programs for immigrants, we often forget to consult them, thinking we

know best what they need. Asking for the perspective of internationally educated applicants could

improve practice and help regulators communicate more clearly.


Sources ConsultedKey Sources

Commonwealth Department of Education, Science and Training, Government of Australia. “The Best

Practice Guide for Professional Bodies: The Guiding Principles for the Assessment and Recognition of

Overseas Skills and Qualifi cations.” Australia Education International – National Offi ce of Overseas Skills

Recognition. We are grateful to the Government of Australia for their permission to use this document in

support of our work in Manitoba.

Province of Manitoba. “A Framework for a Manitoba Strategy on Qualifi cations Recognition.” Ministerial

Committee on Qualifi cations Recognition, April 2003.

Feedback generated by public consultations conducted between January and March 2005 on the

Standards of Assessment concept paper, Lawrie Cherniack, Facilitator.

Other Sources

The Blue Sky Group. “Standards: A Draft Discussion Paper.” 2000.

Canadian International Centre for International Credentials. “General Guiding Principles for Good Practice

in the Assessment of Foreign Credentials.” Online Posting, 1988 http://www.cicic.ca/en/page.

aspx?sortcode=2.17.23

Conseil interprofessionnel du Québec. “Principles for the Recognition of Equivalence of Credentials and

Training Acquired Outside of Quebec”. February, 2006.

Cornish, Mary, Elizabeth McIntyre and Amanda Park, “Strategies for Challenging Discriminatory Barriers

to Foreign Credential Recognition,” Canadian Labour and Employment Law Journal. June 2000.

European Commission. “Code of Conduct Approved by the Group of Coordinators for the General System

of Recognition of Diplomas.” Online Posting. http://europa.eu.int/comm/internal_market/qualifi cations/

docs/codeconduct/code_en.pdf

European Commission. “Guide for Users of the General System for the Recognition of Professional

Qualifi cations.” MARKT/D/8327/2001-EN. Online Posting, 2001. http://europa.eu.int/comm/internal_

market/qualifi cations/docs/guide/guide_en.pdf


Plimmer, Frances. “Mutual Recognition of Professional Qualifi cations – The Next Stage.” Federation of

International Surveyors. Paris, France. Online Posting, April 13-17, 2003. http://www.fi g.net/pub/

fi g_2003/TS_18/TS18_3_Plimmer.pdf

Phillips, Rosalie. “Seminar on Recognition of Refugee Qualifi cations.” Council of Europe Headquarters,

Strasbourg, France. November 15-16, 1999. Online Posting, http://www.aee.gov.sk.ca/jsfs/pdf/spp_

immigrant.pdf

National Institute of Labour Studies. “Assessment of Overseas Qualifi cations and Skills: A Comparative

Analysis.” Flinders University of South Australia, Adelaide, Australia, 2001.

Council of Europe. “Recommendation on Criteria and Procedures for the Assessment of Foreign

Qualifi cations”, adopted by the Lisbon Recognition Convention Committee at its second meeting, Rı̄ga, 6

June 2001. On-line Posting, http://www.coe.int/t/dg4/highereducation/recognition/Criteria%20and%20

procedures_EN.asp

Printed in Canada 02-10

For more information:

OFFICE OF THE MANITOBA FAIRNESS COMMISSIONER

301 – 155 Carlton Street

Winnipeg, Manitoba, Canada, R3C 3H8

Phone: 204-945-7353

Fax: 204-948-4712

www.manitobafairnesscommissioner.ca

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