Frequently Asked Questions
Why is the government moving to implement full labour mobility? Last July, Canada’s Premiers, meeting as the Council of the Federation, committed to full labour mobility for all workers, saying it was key to ensuring the Canadian labour market can meet the demands of the 21st century. Labour mobility is good news for Ontario. It will help us strengthen our economy by improving productivity and competitiveness. It will address changing labour market needs by allowing skilled workers to move more easily between provinces without lengthy delays in becoming certified. What is the Agreement on Internal Trade (AIT)? The Agreement on Internal Trade (AIT) was first signed in 1994 by all provinces, territories and the federal government to improve the competitiveness of the Canadian economy by reducing barriers to the movement of persons, goods, services and investments within Canada. Chapter 7 of the AIT covers labour mobility, and was strengthened by amendments endorsed by all Premiers in January 2009. These changes, once made, get rid of many of the rules that prevent workers certified for a profession or trade in one province or territory from being certified to work elsewhere in Canada. The changes to the AIT enable certified workers to be certified in the same occupation in all other provinces and territories, without additional material training, experience, examinations or assessment. This fulfills a commitment made by all Premiers through the Council of the Federation in July 2008, to amend the AIT to ensure that labour mobility becomes the norm for workers in professions and trades across Canada. What is the Ontario Labour Mobility Act, 2009 (OLMA)? The Ontario Labour Mobility Act, 2009, if passed, will support the implementation of labour mobility commitments under the Agreement on Internal Trade (AIT) in Ontario. All governments across Canada endorsed changes to the AIT in January 2009. If passed, the legislation would establish a Labour Mobility Code to govern how Ontario regulators, such as the College of Nurses or Professional Engineers Ontario, will support full mobility for out-of-province workers who are already certified. The proposed legislation would ensure that a worker certified to practice elsewhere in Canada would be certified in that occupation in Ontario without having to complete additional material training or testing. Why is the government introducing the legislation at this time? We want to help workers and employers succeed in a challenging economy by removing barriers to full labour mobility. This proposed legislation would support Ontario’s commitment to implement the labour mobility amendments to the AIT, which all governments across Canada endorsed in January 2009. By recognizing the right of workers to full labour mobility, Ontario Labour Mobility Act, 2009 or OLMA, if passed, would eliminate the delays involved in certifying workers in Ontario who are already certified to practice elsewhere in Canada. It would make it easier for people to work where they choose, where opportunities exist, and where their skills are needed in growing sectors of the economy. How long would it take to implement the legislation and change certification practices in Ontario? The proposed OLMA contains a Labour Mobility Code. If the Act is passed, the Code would require regulatory authorities to ensure that their certification practices are immediately consistent with the AIT labour mobility requirements. This would mean that as soon as the legislation comes into force, professional and skilled workers already certified to practice elsewhere in Canada would be certified in that occupation in Ontario without having to complete additional material training or testing. Regulatory authorities would need to amend any inconsistent regulations and bylaws within 12 months of the Act coming into force. How will the government ensure that regulatory authorities change their certification practices? The government is committed to full labour mobility. Ministries are working cooperatively with regulatory authorities to make the necessary changes to their regulations. Ministers who are responsible for regulatory authorities would be authorized to review a regulator’s practices and to help ensure that Ontario meets its labour mobility commitments. The proposed OLMA also includes enforcement measures to ensure regulatory authorities comply with the Labour Mobility Code. If passed, the Act would enable the Ontario government to impose fines on regulators who do not remove mobility barriers such as testing and training. It would also allow the province to recover any fines imposed on Ontario by an AIT panel. . How can we be sure that other governments will implement their labour mobility commitments under the AIT and not block Ontario workers from being certified in their jurisdictions? All governments across Canada are taking these obligations seriously. By endorsing amendments to the Agreement on Internal Trade (AIT) in January 2009, all governments have committed to removing labour mobility barriers. Ontario shares the collective goal of full labour mobility with all provinces, and all provinces are working together to achieve it. This process began in April, with the discussion of possible exceptions to labour mobility. If Ontario has concerns about how AIT is being implemented in another jurisdiction, we can work to resolve them with the other province. Ultimately, Ontario can raise concerns through the dispute resolution process that has been established under the AIT. How will the province ensure that only qualified tradespersons and professionals are able to practice in Ontario? Labour mobility is good news for Ontario. It will strengthen our competitiveness and productivity, and remove artificial barriers to opportunity. All governments in Canada have agreed to recognize the qualifications of certified workers who are practicing occupations that are the same. These individuals have the right to move from one part of Canada to another and have their certification recognized. Each jurisdiction is responsible for protecting the public, and every government takes this responsibility seriously. By agreeing to full labour mobility, we are confident that once an individual is certified to practice a profession or skilled trade in one province or territory, other jurisdictions may rely on that assessment. If Ontario has concerns about standards in another jurisdiction, the government can support an exception to full labour mobility. However, exceptions can be challenged. Over the long term the best path is to work with the other jurisdictions to resolve differences in certification requirements and remove barriers to labour mobility.
Exceptions To Labour MobilityWill there be any exceptions to labour mobility under this legislation? The Ontario government supports full labour mobility for more professional and skilled workers across Canada who want to work in Ontario. Consistent with the AIT, however, the proposed legislation does allow Ontario regulatory authorities to maintain additional certification requirements for workers already certified elsewhere in Canada, if the requirements are deemed necessary to ensure the public is protected in areas such as public security and safety, public order, consumer protection, protection of human, animal or plant life or health, and several others. Exceptions supported by one government can be challenged by another government or individual under the dispute resolution process of the AIT. How will the public know about these exceptions? The AIT requires that exceptions to labour mobility be published on a national website maintained by the Forum of Labour Market Ministers. In Ontario, exceptions supported by the Ontario government would be posted on the Ministry of Training, Colleges and Universities’ website. Is Ontario considering any exceptions to labour mobility? The AIT sets a high standard for any jurisdiction to support an exception to full labour mobility. We recognize that, for a small number of occupations, the government may need to support an exception. We have been working with regulatory authorities to identify possible exceptions. We have shared those possible exceptions with the other provinces and territories in an effort to resolve differences in certification requirements. We expect to publish a final list of exceptions this summer. ImplicationsWhat does the legislation mean for professional and skilled workers? If passed, the Ontario Labour Mobility Act, 2009 would help professional and skilled workers become certified faster in Ontario if they come from elsewhere in Canada where they are already certified to practice their occupation. There are about 80 regulatory authorities in Ontario responsible for 300 occupations, including skilled trades. One out of every five workers across Ontario is a professional or skilled worker. Examples include doctors, nurses, teachers, engineers, plumbers, automobile mechanics and many others. What would the legislation mean for regulatory authorities in Ontario? The proposed OLMA reflects the fundamental principle in the AIT, that professional and skilled workers certified to practice in one province or territory shall be certified in the same occupation in all other parts of Canada without being required to complete additional material training or testing. A profession or trade can be excepted from full labour mobility where it is necessary to protect such things as public health and safety or consumers. Exceptions can be challenged under the AIT. If passed, the OLMA would require regulatory authorities in Ontario to ensure that their practices are consistent with the Labour Mobility Code. Immediately upon coming into force, the Act would override any other law or regulation that conflicted with the Labour Mobility Code. Regulatory authorities would need to amend any inconsistent regulations and bylaws within 12 months. The proposed Act would also encourage Ontario’s regulatory authorities to work with regulatory authorities in other provinces and territories when establishing or changing occupational standards. Does the legislation apply to internationally trained workers? Under the proposed OLMA, once a worker is certified in one jurisdiction in Canada he or she would be able to move freely across the country. This would apply to all workers, Canadian-trained and internationally trained alike. This is good news for qualified internationally trained workers. What does the legislation mean for employers? If passed, the OLMA would help Ontario employers improve their competitiveness by providing faster access to a broader pool of certified workers. How do the changes affect the Red Seal Program? For over 50 years, the provinces/territories and industry groups, such as construction unions and their employer partners, have placed great stock and invested much effort into the Interprovincial Standards Red Seal Program. The Red Seal Program is highlighted as a model for labour mobility in the AIT and Ontario’s commitment to the program is clear in the proposed legislation. Workers with the Red Seal will continue to enjoy full labour mobility. The Ontario government is committed to supporting industry in maintaining and enhancing the Red Seal Program. We want to help ensure that the Red Seal Program remains strong, relevant and viable, both as a vehicle for labour mobility and as the Canadian standard of excellence for training and certification in the skilled trades. |
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