Fact Sheet N^o 3

What it means for Canada

In 1989, Canada ratified the 1979 UNESCO Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region. The purpose of that convention was to facilitate the recognition of foreign degrees and diplomas and to improve access for other countries to information of an official nature about Canadian systems of higher education. A new joint convention was adopted in April 1997 by the countries of the Council of Europe and the UNESCO Europe Region. The new convention, which replaces the 1979 Convention, does not differ significantly in substance and objectives. However, it specifies more concretely and in greater detail the responsibilities of ratifying states with respect to the principles and mechanisms for recognition of qualifications and the collection and dissemination of information on higher education.

By signing the new joint convention in Lisbon, on November 4, 1997, Canada demonstrated in a highly visible manner its commitment to collaborating with its European partners and others on a wide range of matters connected to the enhancement of academic and professional mobility and to the promotion of fair practice in assessment and recognition of qualifications. By signing and eventually ratifying the new convention, it will also signify to other countries around the world that Canada's education systems meet the highest global standards.

This fact sheet addresses some of the most frequently asked questions about the convention and clarifies its meaning and implications for institutions of postsecondary education, for organizations governing trades and professions, and for individuals seeking to have their qualifications recognized.

1. What is an international convention?

An international convention is an agreement or treaty that is legally, politically, and diplomatically binding to the contracting state. Countries that ratify a convention are legally bound to adhere to the principles outlined in it, and cases of non-compliance may be brought before an international authority. Contracting states must report periodically on their progress in implementing the principles of the convention.

2. What is the difference between signing and ratifying a convention?

When a country signs a convention, this indicates general support for the principles of the convention as well as that country's intention to become legally bound by it. However, the convention does not become legally binding until a country ratifies the convention by depositing an instrument of ratification (usually a letter of accession, acceptance, or approval) with the relevant international organization. Once a country ratifies a convention, it may take several months (depending on the terms of the convention) before the convention enters into force; at this point the country is bound by the articles of the convention and must conform to its principles under international law.

3. Why was Canada invited to sign and ratify a European convention?

Within the framework of UNESCO, Canada belongs to the Europe region. Other non-European countries have also been invited to sign and ratify the convention: Australia, Israel, and the United States.

Canada ratified the UNESCO Convention on the Recognition of Studies, Diplomas and Degrees concerning Higher Education in the States belonging to the Europe Region in 1989. Like other states in the Europe region that signed the UNESCO Convention, Canada was invited to sign and ratify the new convention. When Canada ratifies the new joint convention, it will apply its principles not only to the European region, but to all regions of the world.

4. Why was a new joint convention necessary?

With few exceptions, European conventions on higher education date from the 1950s and 1960s. Since that time, higher education has changed dramatically and become highly diversified. A new joint convention was proposed in order to address issues arising from the increasing diversity among systems of higher education in signatory states, as well as the overall global increase in academic and professional mobility. The new joint convention also takes into account the rapid increase in the number of countries that could benefit from the provisions of the convention and improves links between the European region and other regions of the world. The new joint convention prevents the duplication of effort by replacing several outdated conventions of UNESCO and the Council of Europe with a single convention and facilitates the improvement of information dissemination and implementation mechanisms. Finally, the joint convention helps to unify the efforts of the Council of Europe and UNESCO and to promote collaboration and resource-sharing among those bodies responsible for implementing the principles of the convention.

5. Why is it important that Canada sign and ratify the new joint convention?

By signing and eventually ratifying the new joint convention, Canada signals its commitment, within the framework of Canada's own constitutional arrangements, to uphold principles of fair practice and non-discrimination in assessment and recognition procedures and to share information and collaborate with UNESCO and the Council of Europe on matters concerning mobility and recognition. Furthermore, Canada will enhance the visibility and credibility of its systems of higher education within the global community.

6. What are the main features of this convention?

Like its predecessor, the new joint convention is designed to foster improved mobility by encouraging fair and consistent practice in assessment and recognition of qualifications, improved information sharing, and stronger links among national information centres mandated by the agreement. While recognizing the autonomy and diversity of higher education institutions and professional regulatory bodies, this convention spells out more clearly the principles for promoting mobility of individuals through mutual recognition of qualifications.

In contrast to past practice, in which individuals had to demonstrate the value of their qualifications, the new joint convention stipulates that mutual recognition of qualifications must be granted by contracting states unless significant difference can be proved. The burden of proof lies with the competent authorities of the receiving country. Implementation of the convention is carried out in full recognition of the existing autonomy of competent regulatory bodies and institutions of higher education.

7. What are the obligations of Canada under the terms of this new convention?

While there are several levels at which governments in Canada can meet their obligations under the convention, by signing and eventually ratifying the document, Canada demonstrates its support for the spirit of its principles. Beyond this, there are three basic obligations that Canada undertakes as a signatory to the convention:

• to transmit the text of the convention to the competent recognition bodies (postsecondary institutions and professional regulatory bodies) and to encourage them to apply the principles of the convention. In those countries where the central state is responsible for recognition matters, authorities must apply the principles of the convention, but in Canada, the responsibility lies with the provincial and territorial governments.
• to collect and make available official information on systems of postsecondary education, programs, and qualifications in Canada, so that other countries can evaluate Canadian credentials. The collection and dissemination of information may have resource implications for some stakeholders.
• to establish an information centre to perform these tasks and to assist in applying the principles of the convention. The Canadian Information Centre for International Credentials (CICIC) was established under the terms of the previous UNESCO Convention in 1991 and is well positioned to meet these obligations. CICIC meets the requirements of the new joint convention within existing structures.

As with previous conventions, drafters of the new joint convention recognize that in some signatory countries the responsibility for education is defined constitutionally as resting with jurisdictions other than the national or federal government; accordingly, implementation of the convention is to take place in full respect of the existing diversity of education systems within each country.

8. What practical implications does the convention have for Canada's institutions of postsecondary education?

The principle of institutional autonomy is recognized in Article II.1 of the convention; it states that "Where competence to make decisions in recognition matters lies with individual higher education institutions or other entities, each party according to its constitutional structure shall transmit the text of this convention to these institutions or entities and shall take all possible steps to encourage the favourable consideration and application of its provisions."

Therefore, although there are no legal obligations for postsecondary institutions, the good faith implied in ratification of the convention compels postsecondary institutions to apply the following principles outlined in the convention: providing adequate and clear information on assessment requirements; using transparent, coherent, reliable procedures and criteria in assessment; giving mutual recognition of qualifications unless substantial difference in requirements can be demonstrated; and justifying refusal of recognition.

When students with academic qualifications from outside Canada seek admission to one of Canada's colleges or universities, the competent admissions authority is required, under the terms of the convention, to apply fair and non-discriminatory evaluation procedures in determining the equivalency of the applicant's qualifications. The convention does not require the university or college to grant admission to applicants claiming equivalent qualifications; rather, it requires the university or college to demonstrate that it has applied fair and non-discriminatory procedures in its assessment of the applicant's qualifications. Universities and colleges often establish a wide range of criteria for admission beyond the basic academic requirements. They may also have bilateral equivalency agreements already in place. In any case, the autonomy and independence of universities and colleges with respect to admissions procedures are in no way affected by the convention's terms.

Admissions authorities can consult General Guiding Principles for Good Practice in the Assessment of Foreign Credentials for further guidance on what constitutes fair, consistent, and non-discriminatory procedures. This document can be obtained upon request from the CICIC office and is available on CICIC's Web site at http://www.cicdi.ca/502/good-practice.canada. You can also consult CICIC to find out what kinds of expertise and resources are available.

9. What practical implications does the convention have for Canada's organizations and associations regulating the trades and professions?

Many immigrants to Canada arrive with qualifications in occupations for which licensure, certification, or registration is required in order to practise in Canada. To obtain such licensure, certification, or registration, they must satisfy the requirements of the organization or association regulating their trade or profession. Those requirements may include several components, including a period of internship, supervised on-the-job training, examinations, and demonstration of competence.

As with universities and colleges, regulatory bodies maintain their independence and autonomy under the terms of the convention with respect to admission to the practice of the trade or profession (see question 8 for more detail). However, in supporting the spirit of the convention's principles, regulatory bodies will want to show that their assessment or evaluation of foreign qualifications is based on fair, consistent, and non-discriminatory procedures. Regulatory bodies can also consult General Guiding Principles for Good Practice in the Assessment of Foreign Credentials and can call upon CICIC for guidance in implementing these principles. This document can be obtained upon request from the CICIC office and is available on CICIC's Web site at http://www.cicdi.ca/502/good-practice.canada.

10. Which countries have already signed the convention?

After wide consultation and several drafting sessions, the Convention on the Recognition of Qualifications Concerning Higher Education in the European Region was adopted by acclamation at a diplomatic conference held in Lisbon on April 11, 1997. As of February 2009, the text of the convention has been ratified by 51 countries (out of 55 signatory countries).

11. What is Canada's position with respect to signing and ratifying this convention?

Education ministries/departments and educational and professional associations indicated unanimous support for the principles of the convention. All provinces and territories agreed that Canada should be a signatory at the Lisbon diplomatic conference, and Canada signed the convention at the UNESCO General Conference on November 4, 1997. In addition, ministers of education indicated their intention to proceed toward ratification of the convention by Canada as soon as possible.

12. Where can I obtain a copy of the text of the convention?

The text of the convention is available in four languages: English, French, Russian, and Spanish. An explanatory report, which assists in its interpretation, is also available in these four languages. You can obtain a copy of the convention by contacting CICIC, or on our Web site at http://www.cicic.ca/661/lisbon-convention.canada or on the UNESCO Web site.

13. What can CICIC do to assist Canada in carrying out its obligations under the terms of this convention?

CICIC is able to assist Canada in implementing the terms of the convention in several ways:

• CICIC is the national body responsible for information collection, dissemination, and referral on matters of assessment and recognition. Through its information distribution network, CICIC can distribute the text of the convention as well as other supporting documents.
• In its national coordinating role, CICIC links assessment services, professional regulatory bodies, institutions of higher education, individuals, and organizations with the purpose of enhancing fair, consistent, and transparent practices in assessment and recognition of qualifications.
• As a partner in the network of European National Information Centres (ENICs), CICIC represents Canada at meetings of experts where procedures and practices are discussed and is responsible for sharing information with other members of the network on an ongoing basis.
• Since its establishment in 1991, CICIC has been providing assistance to organizations and individuals seeking information on recognition of qualifications by referring them to the appropriate bodies or publications and by keeping them up to date on current developments in assessment and recognition policies. The demand for assistance with assessment and recognition questions has been growing constantly.
• CICIC also coordinates the collection, maintenance, and dissemination of data on Canadian systems of higher education and ensures that this information reaches those who are involved with recognition matters.

Further information about postsecondary education and about other relevant organizations in Canada can be obtained by visiting the CICIC Web site at http://www.cicdi.ca/2/home.canada.

If you need further details, please do not hesitate to contact us again at the following address:

Canadian Information Centre for International Credentials
95 St. Clair Avenue West, Suite 1106
Toronto, Ontario M4V 1N6     Canada
Phone: (416) 962-9725
Fax: (416) 962-2800