the new landscape of labour mobility: looking at trade ... · halifax, nova scotia, 12 june 2018 2...
TRANSCRIPT
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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
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Presentation Outline
• The Commissioner.
• International Migration.
• Economic aspects of labour mobility.
– Trade agreements.
• Social aspects of labour mobility.
• Building a strategy on labour mobility.
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The Commissioner
for Admission
to Professions
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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
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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.
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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.
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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.
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International Migration
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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.
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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
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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).
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Economic Aspects
of Labour Mobility
• Trade agreements
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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.
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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?)
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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).
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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.
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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.
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Trade Liberalization
• Canadian federal government has
announced its intention to push for more
mobility and mutual recognition content in
future trade agreements.
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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.
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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.
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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).
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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.
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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.
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Social Aspects of
Labour Mobility
• Looking beyond trade
agreements.
• Human and social rights.
• Qualifications recognition.
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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.
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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.
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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?).
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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).
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Internal Initiatives
• European Union.
– Free movement of people within the Union.
• European countries responding to massive
refugee migration.
– Applicable to other forms of migration.
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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.
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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.
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Common Features
of Promising Initiatives
• Close coordination of actors.
– Immigration, labour, education, regulatory
bodies.
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Contact Info
André Gariépy, Lawyer, F.C.Adm.
Commissioner for Admission to Professions
Telephone : +1 (514) 864-9744
Email : [email protected]
Website : www.opq.gouv.qc.ca/commissaire