ARTICLE 19: LIBERAL PROFESSIONS Each Contracting State shall accord to stateless persons lawfully staying in their territory who hold diplomas recognized by the competent authorities of that State, and who are desirous of practising a liberal profession, treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances. I. Background & Commentary Article 19 of the 1954 Convention is identical to Article 19(1) of the 1951 Refugee Convention. Like Article 17 of the 1954 Convention, Article 19 requires stateless persons to be “lawfully staying”. However, Article 19 also contains a condition that a stateless person’s diploma must meet the requirements established by a state’s competent authorities in order to practice a specific profession.253 With respect to what qualifies as a “liberal profession”, the commentary on the 1954 Convention states: The term “liberal profession” is not quite precise. It usually embraces physicians, dentists, veterinarians, pharmacists, lawyers, teachers, self-employed engineers, architects, artists…The local authorities will decide in each case whether a person falls under the rubric “liberal profession” or any other heading.254 II. Canadian Legal Framework The provinces are responsible for regulating liberal professions within its jurisdiction. Typically, the provinces enact legislation that establishes a regulatory body to govern the profession.255 The legislation outlines the general organizational framework and structure for the regulatory body, and then the regulatory body formulates additional rules and by-laws to govern the profession and its members in the province. Both the legislation and the regulatory body itself establish the requirements to obtain a license to practice the profession within the province.256 Generally, licensing requirements can include: the possession of a specific university degree/diploma, writing licensing exams, and/or the completion of an apprenticeship with someone licensed in the profession, etc. These requirements apply equally to Canadian citizens, permanent residents and foreign nationals. There is no restriction on the basis of one’s immigration status. For individuals who are trained or educated outside Canada, the applicant Robinson Commentary to the 1954 Convention, supra note 11 at 40. Ibid. 255 In Ontario, there are 45 regulated professions. For simplicity, the example of the legal profession was used as a guide to summarize the typical legal framework that the provinces have implemented for regulating professions in their jurisdiction. 256 For example, see legislation regarding the practice of law: Legal Profession Act, RSA 2000, c L-8, available at: http://canlii.ca/t/522lv; Legal Profession Act, SBC 1998, c 9, available at: http://canlii.ca/t/527wc; Law Society Act, RSO 1990, c L.8, available at: http://canlii.ca/t/527j8; An Act Respecting the Barreau du Québec, CQLR c B-1, available at: http://canlii.ca/t/526jh. 253 254 53 53