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The Office of the Fairness Commissioner (OFC) is a regulatory agency of the province of Ontario, Canada. Its purpose is to ensure that everyone who is qualified to practise in a profession that is regulated in Ontario can get a licence to practise there. The commissioner, appointed by the Government of Ontario, is Jean Augustine, PC, CM. The OFC is located in Toronto.

The OFC’s mandate is contained in the Fair Access to Regulated Professions and Compulsory Trades Act, 2006.

Purpose
The purpose of the fair-access law is to ensure that certain regulated professions and trades have licensing processes (also referred to as registration or certification processes) that are “transparent, objective, impartial and fair.” The law sets out specific and general duties for these professions’ and trades’ regulatory bodies and establishes the role of the OFC.

The legislation seeks fair access for all applicants for licensing. But the OFC is particularly concerned with levelling the playing field for internationally trained applicants through the removal of all unnecessary barriers.

The OFC’s purpose is thus broad in scope, covering both domestically and internationally trained applicants in a wide range of regulated professions and trades in Ontario. It is believed to be the first agency of its kind in the world. Other Canadian and international jurisdictions have followed with similar legislation.

Legal Context
In 1989, the Task Force on Access to the Professions and Trades in Ontario investigated the requirements for entry to Ontario's professions. It found that few professions were free of discriminatory practices and proposed solutions to remove barriers.

In 2006, the government introduced the Fair Access to Regulated Professions Act to the Ontario Legislature. It also amended the Regulated Health Professions Act, 1991, to make fair-access principles apply to professions in the health care sector. The initiative received the support of all major political parties. The fair-access law came into effect on March 1, 2007.

In 2013, the law was amended to include certain compulsory trades and was renamed the Fair Access to Regulated Professions and Compulsory Trades Act, 2006.

All professions subject to this law are self-regulating. The authority of regulatory bodies for professions or trades to self-regulate — or govern themselves — is delegated from the provincial government. They must do so in the public interest.

Immigration Context
Canada’s economic future is tied to immigrant success. Some think tanks highlight the importance of diversity to Canada’s global competitiveness, allowing the country to recruit and mobilize the best talent, gain access to new markets and networks, innovate, and accelerate prosperity.

Between 2003 and 2012, roughly 196,000 permanent residents landed in Canada intending to work in a regulated profession. Of these, 86,000 — or 44% — intended to do so in the province of Ontario.

Immigrant professionals often have an educational advantage over other newcomers, but face unique challenges related to credential recognition and licensing.

Underutilization of knowledge and skills is a particularly significant problem for this group. Data show that in 2011 42% of internationally trained engineers and physicians were working at or above their skill level, compared with 70% of engineers and 80% of physicians who were born and educated in Canada.

Declining immigrant earnings have become a major policy concern for Canada. Census data show that recent immigrants earned 30% to 40% less than their Canadian-born counterparts in 2006, compared to 10% to 15% less in the late 1970s. Recent immigrants are taking longer to catch up with the Canadian-born, and may not catch up at all.

The cost, to immigrants and to the national economy, is substantial. Whereas earlier immigrants were paid for their experience at a rate comparable to the Canadian-born, recent immigrants see little if any financial reward for international work experience. A 2011 Royal Bank of Canada report estimates a loss of $30.7 billion dollars in potential immigrant earnings, equivalent to about 2.1% of GDP in 2006.

Lost potential is particularly noteworthy for immigrant professionals who cannot get licensed and find work in their field. The Ontario Council of Agencies Serving Immigrants conducted a study of 2,530 immigrants who arrived in Ontario between 2000 and 2010. It found that respondents with a degree in a regulated profession showed the highest levels of unemployment.

Mandate and Work
The OFC oversees licensing in 42 regulatory bodies for Ontario professions and trades, to ensure that licensing practices comply with fair-access principles of transparency, objectivity, impartiality and fairness.

The commissioner exercises her authority to call for reports, reviews and audits of licensing practices.

Annual Fair Registration Practices reports are mandated by the fair-access law. They are a tool for educating regulatory bodies about their legal duties and encouraging self-reflection. The reports provide the OFC with statistics and with information in the following eight areas:
 * provision of information for applicants
 * provision of timely decisions, responses and reasons
 * provision of opportunities for internal review and appeal
 * provision of information on appeal rights
 * fair assessment of qualifications
 * accountability of third-party qualifications assessors
 * training for decision-makers
 * access to records

The OFC assesses each regulator’s licensing practices every two years, conducts research, posts a database of exemplary practices, advises the Government of Ontario, and communicates with the public about licensing issues. Since 2007, the OFC has challenged regulators to address barriers to professional licensing, with qualified success. For example, some regulators have:
 * removed unnecessary requirements
 * increased the resources available to applicants
 * enabled alternative paths to licensing
 * reduced the length of the licensing process
 * streamlined licensing pathways
 * communicated more effectively with applicants
 * helped applicants explore alternative careers

The OFC has also identified persistent problems, such as the following:
 * unjustified demands for Canadian work experience
 * disjointed policies and communications
 * gaps in “bridging programs,” which help internationally trained people fill gaps in their knowledge and skills
 * various profession-specific issues

The commissioner does not have a mandate to advocate for individuals and does not assess credentials.

== Facts and Figures about Licensing in Ontario, 2013 == Licensed professionals: 809,055 Applications for professional licences received by regulatory bodies: 64,551 Licensed compulsory tradespeople in 2013: 233,858
 * Licensed internationally trained professionals: 122,373
 * International applications for professional licences: 14,688
 * India, the Philippines, the United States, China and Iran were the top five source countries for internationally trained applicants seeking licences.
 * The location of training of most tradespeople who were educated outside of Ontario or Canada is not known.

Research Reports

 * Academic Requirements and Acceptable Alternatives: Challenges and Opportunities for the Regulated Professions in Ontario, 2013


 * Clearing the Path: Recommendations for Action in Ontario's Professional Licensing System, 2010


 * A Fair Way to Go: Access to Ontario’s Regulated Professions and the Need to Embrace Newcomers in the Global Economy, 2013


 * Getting Your Professional Licence in Ontario: the Experiences of International and Canadian Applicants, 2010


 * Study of Qualifications Assessment Agencies, 2009

Guidelines for Regulatory Bodies

 * Conducting Entry-to-Practice Reviews: Guide for Regulators of Ontario Professions, 2009
 * Framework for Audits of Registration Practices: Guidance for Regulatory Bodies, 2008
 * Guidelines for Fair Registration Practices Reports, 2008
 * Strategy for Continuous Improvement of Registration Practices, 2013
 * Registration Practices Assessment Guide: For Regulated Professions, 2013
 * Registration Practices Assessment Guide: For Health Regulatory Colleges, 2013

Regulatory Bodies
In 2014, 42 regulatory bodies fall under the mandate of the OFC:
 * 26 health regulatory bodies
 * 15 non-health bodies
 * the Ontario College of Trades – which regulates many skilled trades in Ontario, including 22 that are designated as “compulsory”

Ontario College of Trades
The Ontario College of Trades regulates many skilled trades in Ontario. Certain skilled trades are designated as “compulsory.” To practise a compulsory trade in Ontario, a person must be one of the following: The following 22 trades are compulsory, and are therefore subject to Ontario’s fair-access law:
 * a licensed journeyperson (a holder of a valid Certificate of Qualification)
 * a registered apprentice with the Ontario Ministry of Training, Colleges and Universities
 * a holder of a provisional Certificate of Qualification
 * Alignment and Brakes Technician
 * Auto Body and Collision Damage Repairer
 * Auto Body Repairer
 * Automotive Electronic Accessory Technician
 * Automotive Service Technician
 * Electrician – Construction and Maintenance
 * Electrician – Domestic and Rural
 * Fuel and Electrical Systems Technician
 * Hairstylist
 * Hoisting Engineer – Mobile Crane Operator 1
 * Hoisting Engineer – Mobile Crane Operator 2
 * Hoisting Engineer – Tower Crane Operator
 * Motorcycle Technician
 * Plumber
 * Refrigeration and Air Conditioning Systems Mechanic
 * Residential (Low Rise) Sheet Metal Installer
 * Residential Air Conditioning Systems Mechanic
 * Sheet Metal Worker
 * Steamfitter
 * Transmission Technician
 * Truck and Coach Technician
 * Truck-Trailer Service Technician