Introduction
There has been a lot of chatter about the proposed legislation regarding internationally trained skilled workers revealed by the news release dated October 21, 2021 in Ontario. However, given the limited information available on the subject at the moment, there isn’t a lot of clarity on what exactly this legislation will mean for ITLs once enacted.
So here, we attempt to understand the new guidelines, and the scope of their applicability on ITLs.
Proposed Law
After deliberation and much consultation with groups of industry leaders, immigrants, and faith communities, the Ontario Provincial Government is proposing a legislation to ease the transition of internationally trained newcomers into the Ontario workforce. This law, if passed, would be a first of its kind in Canada.
In a news release on October 21, 2021, Ontario’s Labour Minister Monte McNaughton announced that these proposed regulations are aimed at addressing Ontario’s generational labour shortage and providing emergency support in crisis situations like the pandemic. The purpose of the legislation is to fill the dire labour shortage, while allowing Canada’s immigrant work force to fill the vacancies and contribute to their life, and to the economy of Canada. The proposed law is aimed at many professions , including the legal profession.
Current Regime
As at the date of this article, to get licensed in and practise law in Ontario, Internationally Trained Lawyers (ITLs) are required to apply to the National Committee on Accreditation (NCA) for an assessment. Subject to the applicant’s educational background and home jurisdiction, the NCA stipulates how many qualifying exams the ITL has to write, to be eligible to enrol in the licensing process of the respective provincial bars.
The licensing procedure for ITLs is fairly straightforward but it does not account for the significant work experience most ITLs bring to the Canadian job market. Notwithstanding their extensive work experience , most ITLs in Canada find their transferable skills and years of work experience insignificant or unrecognized, as they begin their journey from scratch in Canada. On the average, Completing the licensing process takes up to two years and may be more depending on several factors.
What can ITLs expect from this proposed legislation?
With these proposed regulations the Ontario Provincial Government aims at easing the licensing process for many disciplines so that workers skilled in other jurisdictions can contribute to the Ontario work force by reducing licensing timelines, along with other measures. The government is also aiming at doing away with the requirement of Canadian work experience to work in Canada for skilled labourers. It would be interesting to see though, if this development will also give more credit to international work experience in the legal field.
This being said, the law may not be all encompassing. It appears that the regulatory authorities undertaking the licensing procedure for various industries would have the liberty to seek exemptions from the new regulations if they so deem fit.
Evidently, the legislation is in its nascent stage. It maybe futile to contemplate how exactly it will affect, if at all, the lives and livelihoods of ITLs in Ontario. Suffice it to say though that any change that facilitates easier integration of ITLs into the Canadian job market is a very welcome change.
By: Pankhuri Malik
