Who Watches the Watchmen? The Role of the Self-Regulator

Abstract

Institute publications undergo rigorous external review by academics and independent experts drawn from the public and private sectors. The Institute's peer review process ensures the quality, integrity and objectivity of its policy research. The Institute will not publish any study that, in its view, fails to meet the standards of the review process. The Institute requires that its authors publicly disclose any actual or potential conflicts of interest of which they are aware. In its mission to educate and foster debate on essential public policy issues, the C.D. Howe Institute provides nonpartisan policy advice to interested parties on a non-exclusive basis. The Institute will not endorse any political party, elected official, candidate for elected office, or interest group. As a registered Canadian charity, the C.D. Howe Institute as a matter of course accepts donations from individuals, private and public organizations, charitable foundations and others, by way of general and project support. The Institute will not accept any donation that stipulates a predetermined result or policy stance or otherwise inhibits its independence, or that of its staff and authors, in pursuing scholarly activities or disseminating research results.

Lawyers, immigration consultants and the 33 year jurisdictional war

“…IRCC's recommendations to Cabinet have not been made public. One of the challenges with studying professions, and the response of states to the jurisdictional battles that get played out before it, is that it is difficult to access the state ecology (Mysicka, 2014), and how and why different branches of the state evaluate the claims made by professions in their boundary disputes with other professions. Without access to federal cabinet records regarding why the College option was chosen over other options, we can only speculate on what options IRCC offered to Cabinet and why Cabinet chose the new regulation by federal statute route.…”

“…The Court may have settled the matter of the right of consultants to practice immigration law, but it did not comment on how they should be regulated (Mysicka, 2014). In order to address the long‐standing reputational problem of the industry and in the name of protecting the public, an Advisory Committee was formed in 2002 by then Minister of Citizenship and Immigration, Denis Coderre.…”

Occupational Regulation and Foreign Qualification Recognition: An Overview

“…2 Beyond simple trends, there is little economic analysis of regulated occupations in Canada (but for an exception see Coe and Emery 2012). Selected academic disciplines, such as sociology (e.g., Adams 2010; Boyd 2013) and some health professions (e.g., for nursing see the Journal of Nursing Regulation) have, in contrast, larger literatures on the topic, and there is limited research in administrative law (e.g., Lahey and Currie 2005;and Mysicka 2014). More importantly though, there is a large professional (sometimes called grey) literature on the topic (e.g., Bayne 2012) and many relevant organizations and advisory bodies that produce reports on various dimensions of occupational regulation (e.g., Ontario's Health Professionals Regulatory Advisory Council; http://www.hprac.org).…”