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Professional Designation

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by

Gloria Brifoglio

on 5 January 2014

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Transcript of Professional Designation

Project Management Team
OASLI members have long since talked about licensure as a means to restrict who can and cannot practice as an interpreter

WAVLI granted Occupational Title Protection in 2011

OASLI drafted legislation for Title Protection in 2012 but members felt they did not have enough information regarding the process, its purpose or its potential benefits at that time and opted to investigate further rather than proceed

In the 2013 online survey and strategic plan meeting, Title Protection was cited among the top three key interests for OASLI members

At the 2013 OASLI AGM the membership voted in favour of striking a committee to investigate Professional Designation (Title Protection)
Title Protection
Officially referred to as Professional Designation in the Province of Ontario

Private legislation that grants exclusive rights to occupational titles

Generally considered a precursor to licensure
Budget & Resources
Role of the Membership
OASLI Special Meeting
Saturday, November 23rd, 2013

The Process
Steering Committee
By-laws
Membership
Draft Legislation
Disciplinary
Procedures
Registered Professionals
Licensed Professionals
Application
Public Notices
Sponsoring MPP
Preliminary Estimates
Resources
What it is
What it is not
Professional
Designation

Agenda

Committee Report
Background
Title Protection
Role of the Membership
Consultation/Stakeholders
The Process
Budget & Resources

Membership Discussion
Q&A
Considerations
Next Steps?
Background
Motion
I move to strike and empower an ad hoc committee to research Professional Designation/Title Protection options and report back to the OASLI Membership at a Special Meeting to be held by the end of 2013.
Governed by private legislation

Are not required to undergo testing or certification

Do not require a license to practice

Members of a professional association listed on a sanctioned register

Examples:
Registered Human Resources Professional
Certified Conference Interpreter
Certified Terminologist

Overseen by a professional association whose primary function is to serve the interest of its members
Governed by public legislation

Testing and certification required in order to attain a license

Must have a license to practice

Managed by a regulatory body that is often not the professional association (but can be)

Examples:
Physician
Teacher
Social Worker

Overseen by a regulatory body whose primary function is to serve the 'public interest'
If OASLI pursues Title Protection, the OASLI Membership must play a significant role in every aspect of the project

When considering your motions and votes today, also consider your capacity to contribute and to stay engaged in this project
The Steering Committee's role is to oversee the strategic direction of the project, develop a work plan, monitor timelines and ensure that throughout all major stakeholders are being considered. Ideally, this committee would be comprised of members of the Deaf Community and/or representatives from Deaf organizations and OASLI and SLINC members.
OASLI must give notice of our intention to apply for professional designation. Notice must be published in The Ontario Gazette and in at least one other newspaper.

The notice must include:

Nature/object of our application for professional designation

State that interested parties who wish to make submissions in support of or in objection to our application may do so by notifying the Clerk of the Standing Committee on Regulations and Private Bills

The notice must run once a week for four weeks
In order to submit a private bill, OASLI must:

Submit an application with all necessary documents to the Clerk of the Standing Committee on Regulations and Private Bills

Follow the Procedures for Applying for Private Legislation

Ensure that at each step of the process, we comply with the Legislative Assembly’s Standing Orders

Pay the necessary fees and charges
OASLI must secure an MPP who is willing to sponsor our bill in the Legislature. In choosing an MPP, we should consider where our head office is

The sponsoring MPP cannot be a Cabinet Minister, Speaker, or the Premier

A copy of our Bill would eventually be sent to our sponsoring MPP, and he/she would bring it forward in the Legislature on our behalf
OASLI Members

Legislative Council, Office of Legislative Counsel

Clerk of the Standing Committee on Regulations and Private Bills, Procedural Services Branch

Sample bills (i.e. ATIO, HRPA and others)

Not-for-profit advisory services (i.e. MAS)
A new standard

A new credential

Scope of practice protection

OASLI has additional authority

The public, Deaf Community or interpreters are protected
Professional Designation

A provincial law

Prosecutable

OASLI Membership is required

Added credibility for OASLI
The by-laws will be part of the draft bill and therefore must be reviewed and updated

Special attention must be given to:
Membership Criteria & Categories
Register of Members
Code of Ethics and Guidelines for Professional Conduct
Disciplinary Procedures

It is imperative that OASLI work with SLINC and AVLIC to ensure that our by-laws include similar provisions

The by-laws must also take into account the new Ontario Not-for-Profit Corporations Act
If Title Protection is granted, OASLI will maintain an official Register of Members

Only those who meet the membership criteria and adhere to the stipulations of membership will be included on the Register

OASLI must outline the expected conduct of its members as well as the conditions upon which a member's name is removed from or restored to the Register.

Policy must be developed around how OASLI will ensure its members conduct themselves in accordance with the terms of membership and what actions would be taken if a member violated these terms

Actions would likely take the form of restorative interventions, with the final and most severe consequence being revocation of membership
Consideration must be given for:

Active ASL-English Interpreters
Active LSQ-French Interpreters
Deaf Interpreters
Student Members
Certified Interpreters
Out of Province AVLIC Members

Membership categories and criteria must be clearly defined in the by-laws and aligned with the criteria for AVLIC and SLINC membership

As well, key areas of ongoing focus for OASLI must be welcoming new members and membership engagement
1. Bill
2. Compendium of
Background Information
The Titles
Draft Bill
In order to draft the Bill for professional designation, we must refer to similar Bills for format and content. Typical content includes:

Preamble (states the nature of the proposed legislation)
Objects of the Association (OASLI’s objectives, mission, vision)
Rules governing the election, composition and powers of the Board of Directors
By-laws
Designations (protected titles)
Membership (eligibility, types, rights and privileges, dues, suspension/cancellation of privileges, appeals)
Standing Committees
Right to practice unaffected clause

Though we will need to examine what other legislations have included, Legislative Counsel at the Legislative Assembly of Ontario is prepared to work with OASLI throughout the drafting process.
Compendium of
Background Information
A compendium must accompany the draft Bill. Generally, the compendium should provide the following information:

A brief summary of the background as to why the Bill is necessary, including the citation of any reports, studies or legal opinions supporting the necessity of the Bill.

The names and addresses of any known persons or groups opposed to the Bill and the reasons for such opposition, if known.

Any responses received from affected persons or groups.

What measures, if any, have been taken to reach an agreement or compromise with any persons or groups opposed to the Bill.

OASLI may also try to garner support and favour by showing letters of support or a petition. This is generally not included in the compendium, but it may be.
OASLI granted
Royal Assent and becomes a
Special Act Corporation
Third Reading
Clerk of the Standing Committee for Regulations and Private Bills
Legislative Counsel
Second Reading
First Reading
Procedures in the House
Helps OASLI draft the bill
Circulates bill to Ministries and ensures it complies with Standing Orders and is ready for First Reading
OASLI
Stakeholders
Deaf Organizations &
the Deaf Community
SLINC
Sign Language Interpreters of the National Capital
Interpreters
(members & non-members)
AVLIC and Other
Chapters Affiliates
ATIO
Association of Translators and Interpreters of Ontario
Employers & Purchasers
Referred to Standing Committee for Regulations and Private Bills
Referred to Orders and
Notices Paper
** Note: will work closely with
Legislative Counsel and/or OASLI lawyer
Fixed
Application: $150
Printing (bill): $200/pg. ($2000 - $4000)
Public Notices/Statutory Declarations: $2000 - $3800

Variable
Legal Representation: $4000 - $25000
Public Education: $3000 min.

Unknown
Consultants
Meetings (e.g.: Membership Meetings, Town Halls)
ASL Translation
Things to consider . . .
What are the pros and cons of Title Protection for Members and key stakeholders?

Is this something Members want to pursue?

Does OASLI have the capacity and resources to move forward with Title Protection (both human and financial)?

What are the significant risks of moving things forward now? What are the risks of waiting?

What, if any, are the impacts on the Certification process?

Are there any impacts on other accreditation (i.e. MAG, OIS, PWGSC, etc.)

Does OASLI have the capacity to follow up with those who infringe on our Titles?

Other?
Consultation
OASLI AGM, June 1st 2013
Moved by: Bonnie-Lyn Barker
Seconded by: Adele Routliff
WAVLI submitted an application in September of 2009 and Occupational Title Protection Certificate granted in July 2011

Titles:
Registered Sign Language Interpreter (R.S.L.I)
Registered ASL-English Interpreter (R.A.S.L.E.I)
Registered Visual Language Interpreter (R.V.L.I)

In total, WAVLI spent almost 5 years and approximately $20,000 pursuing Occupational Title Protection
Pros
More membership involvement
More collaboration
More interest in the Board of Directors and more accountability for the organization
Less outliers
More status for sign language interpreters
Some organizations are still not requiring WAVLI membership
Extra funds required for legal fees
Some organizations are changing their job descriptions to circumvent 'titles'
Difficulty disciplining members
The term 'Registered' is causing confusion - they suggested that 'Certified' would have made more sense to the public
More bureaucracy
OASLI Board of Directors
Public Education
3 Areas of Focus
1. Interpreters (Members and Non Members)
2. Deaf Community
3. Interpreting Services, Employers, Brokers, Buyers
Key Messages
Members must adhere to professional standards
Members are bound by a Code of Ethics
Members are held accountable through a disciplinary process
Hire Members!
Strategies
Branding:
Boosting the OASLI and member profile

Direct Marketing:
Targeting employers, interpreting services, translation companies (i.e. school boards, OIS, GBC, MCIS, etc.)

Traditional Marketing:
Conventional and electronic publications, articles (i.e. AVLIC News, OASLI Network, OAD News, AVLIC/OASLI/SLINC websites, Public Service Announcements, Abilities magazine, etc.)

Social Media:
YouTube, Twitter, Linked In, Facebook

Lobby List:
MCSS, MAG, MOH, MEDU, MTCU
The cost of Title Protection will depend on active commitment from the membership

Some of the costs are fixed (i.e. application, public notices), some are variable (i.e. legal fees)

Other cost items have been identified but actual dollar amounts are unavailable (i.e. consultations, ASL translation)
WAVLI
Pros
Cons
Full transcript