Enter your search here

ARTICLES

LEGAL RESOURSES

Exchange rate:

$ 18.07

    • Annex 1210.5: Professional Services

    Section A General Provisions

    Processing of Applications for Licenses and Certifications

    1. Each Party shall ensure that its competent authorities, within a reasonable time after the submission by a national of another Party of an application for a license or certification:

  • Where the application is complete, make a determination on the application and inform the applicant of that determination; or

    •  

  • Where the application is not complete, inform the applicant without undue delay of the status of the application and the additional information that is required under the Party's law.

    • Development of Professional Standards

    2. The Parties shall encourage the relevant bodies in their respective territories to develop mutually acceptable standards and criteria for licensing and certification of professional service providers and to provide recommendations on mutual recognition to the Commission.

    3. The standards and criteria referred to in paragraph 2 may be developed with regard to the following matters:

  • Education - accreditation of schools or academic programs;

    •  

  • Examinations - qualifying examinations for licensing, including alternative methods of assessment such as oral examinations and interviews;

    •  

  • Experience length and nature of experience required for licensing;

    •  

  • Conduct and ethics - standards of professional conduct and the nature of disciplinary action for non-conformity with those standards;

    •  

  • Professional development and re-certification - continuing education and ongoing requirements to maintain professional certification;

    •  

  • Scope of practice - extent of, or limitations on, permissible activities;

    •  

  • Local knowledge - requirements for knowledge of such matters as local laws, regulations, language, geography or climate; and

    •  

  • Consumer protection - alternatives to residency requirements, including bonding, professional liability insurance and client restitution funds, to provide for the protection of consumers.

    • 4. On receipt of a recommendation referred to in paragraph 2, the Commission shall review the recommendation within a reasonable time to determine whether it is consistent with this Agreement. Based on the Commission's review, each Party shall encourage its respective competent authorities, where appropriate, to implement the recommendation within a mutually agreed time.

    Temporary Licensing

    5. Where the Parties agree, each Party shall encourage the relevant bodies in its territory to develop procedures for the temporary licensing of professional service providers of another Party.

    Review

    6. The Commission shall periodically, and at least once every three years, review the implementation of this Section.

    Section B Foreign Legal Consultants

    1. Each Party shall, in implementing its obligations and commitments regarding foreign legal consultants as set out in its relevant Schedules and subject to any reservations therein, ensure that a national of another Party is permitted to practice or advise on the law of any country in which that national is authorized to practice as a lawyer.

    Consultations With Professional Bodies

    2. Each Party shall consult with its relevant professional bodies to obtain their recommendations on:

  • The form of association or partnership between lawyers authorized to practice in its territory and foreign legal consultants;

    •  

  • The development of standards and criteria for the authorization of foreign legal consultants in conformity with Article 1210 (TLCAN: Art. 1210); and

    •  

  • Other matters relating to the provision of foreign legal consultancy services.

    • 3. Prior to initiation of consultations under paragraph 7, each Party shall encourage its relevant professional bodies to consult with the relevant professional bodies designated by each of the other Parties regarding the development of joint recommendations on the matters referred to in paragraph 2.

    Future Liberalization

    4. Each Party shall establish a work program to develop common procedures throughout its territory for the authorization of foreign legal consultants.

    5. Each Party shall promptly review any recommendation referred to in paragraphs 2 and 3 to ensure its consistency with this Agreement. If the recommendation is consistent with this Agreement, each Party shall encourage its competent authorities to implement the recommendation within one year.

    6. Each Party shall report to the Commission within one year of the date of entry into force of this Agreement, and each year thereafter, on its progress in implementing the work program referred to in paragraph 4.

    7. The Parties shall meet within one year of the date of entry into force of this Agreement with a view to:

  • Assessing the implementation of paragraphs 2 through 5;

    •  

  • Amending or removing, where appropriate, reservations on foreign legal consultancy services; and

    •  

  • Assessing further work that may be appropriate regarding foreign legal consultancy services.

    • Section C Temporary Licensing of Engineers

    1. The Parties shall meet within one year of the date of entry into force of this Agreement to establish a work program to be undertaken by each Party, in conjunction with its relevant professional bodies, to provide for the temporary licensing in its territory of nationals of another Party who are licensed as engineers in the territory of that other Party.

    2. To this end, each Party shall consult with its relevant professional bodies to obtain their recommendations on:

  • The development of procedures for the temporary licensing of such engineers to permit them to practice their engineering specialties in each jurisdiction in its territory;

    •  

  • The development of model procedures for adoption by the competent authorities throughout its territory to facilitate the temporary licensing of such engineers;

    •  

  • The engineering specialties to which priority should be given in developing temporary licensing procedures; and

    •  

  • Other matters relating to the temporary licensing of engineers identified by the Party in such consultations.

    • 3. Each Party shall request its relevant professional bodies to make recommendations on the matters referred to in paragraph 2 within two years of the date of entry into force of this Agreement.

    4. Each Party shall encourage its relevant professional bodies to meet at the earliest opportunity with the relevant professional bodies of the other Parties with a view to cooperating in the development of joint recommendations on the matters referred to in paragraph 2 within two years of the date of entry into force of this Agreement. Each Party shall request an annual report from its relevant professional bodies on the progress achieved in developing those recommendations.

    5. The Parties shall promptly review any recommendation referred to in paragraphs 3 or 4 to ensure its consistency with this Agreement. If the recommendation is consistent with this Agreement, each Party shall encourage its competent authorities to implement the recommendation within one year.

    6. The Commission shall review the implementation of this Section within two years of the date of entry into force of this Section.

    7. Appendix 1210.5C (TLCAN: Apendice 1210.5-C) applies to the Parties specified therein.