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Labour Mobility Coordinating Group
"Canadians should be able to work anywhere in Canada in their chosen profession." -- First Ministers Conference on the Economy, January 16, 2022 Most Canadians are able to work in their chosen occupation anywhere in Canada. Some workers, however, are employed in regulated occupations, certified or licensed by provincial or territorial authorities. Although many occupations enjoy a high degree of consistency in the requirements for a specific job, workers have encountered barriers when they move from one jurisdiction to another because of differences in certification requirements. In the mid 1990s, countries around the world began to improve the free flow of trade and worker mobility. At the same time, provinces, territories and the Canadian government achieved a national Agreement on Internal Trade, AIT. Since the AIT and as a result of more recent amendments to Chapter 7 on Labour Mobility, governments and other organizations responsible for the certification of workers in regulated occupations have partnered to support the free movement of workers within the country. In January 2009, the premiers and Prime Minister endorsed amendments to Chapter 7 of the AIT in order to help resolve labour mobility challenges that continued to face certain regulated occupations. The effort to implement the amended Chapter 7 involves all provinces, territories and the federal government, as well as regional and national organizations involved in occupational certification and licensing. A national co-operative process is in place and jurisdictions and regulatory bodies are sharing best practices as each participates in the implementation. Changes in policies, practices, by-laws and in some cases legislation will be required to ensure recognition of workers' certification from coast-to-coast. Complete details on the recent amendments and requirements in Chapter 7. Other interprovincial labour programs and agreements, such as the trades-focused Interprovincial Standards Red Seal Program, the Alberta-British Columbia Trade, Investment and Labour Mobility Agreement (TILMA), the Ontario-Quebec Construction Agreement and agreements between other provinces remain in place. A list of current agreements is included on this website. However, mobility of workers is the goal and, where inconsistencies exist between agreements, the agreement most conducive to labour mobility prevails. How the Labour Mobility Chapter Affects Workers Recent amendments to Chapter 7 of the Agreement mean that workers in regulated occupations can apply to be certified in the same occupation in another province or territory without having to undergo significant additional training, examination or assessment. Individuals are still required to apply to jurisdictional regulators for certification in their occupation. Provinces and territories have the right to maintain specific occupational standards and can adopt exceptions to certification requirements. Governments recognize the goal of providing freedom of movement for all Canadians in their chosen field across the country. Where jurisdictional exceptions are made - meaning that a worker may not have labour mobility to that jurisdiction until an additional material requirement is met - those exceptions will be based on legitimate objectives and will be publicly posted on this website by the jurisdiction, beginning November 30, 2009. Please click here for a list of approved exceptions. As Article 706 of the Chapter states, provinces and territories may, in specific circumstances, impose certain requirements, restrictions, limitations or conditions on certification. For example, if you arrive in another jurisdiction with a license that has a certification restriction, the receiving jurisdiction may impose a similar restriction or may refuse to certify if that jurisdiction does not have a similar restriction available. For more information on exceptions to certification specific to a particular occupation, contact the regulatory authority from which you are seeking certification. Additional information is available from each province, territory or federal department responsible for labour, workplace skills, training or trades. (See the section on contacts) Impact of Amendments on Occupational Standards Governments across Canada are committed to both the public protection that comes from occupational standards and improved labour mobility across the country. Maintaining Canada's highly-regarded occupational standards continues to be a priority for governments and regulatory bodies. Parties shall, to the extent possible and where practical, and without diminishing the level of protection they ensure, adopt common interprovincial occupational standards as set out in Article 707 of the Chapter. The amended Chapter 7 allows provinces and territories to continue to establish or make changes to occupational standard. Changes made will be conducive to labour mobility. Exceptions to Full Labour Mobility Successive federal, provincial and territorial governments have affirmed their commitment to full labour mobility across Canada. In a limited number of cases, exceptions to this principle are required. In cases where significant differences in certification requirements exist between jurisdictions, a provincial or territorial government may approve an exception to full labour mobility provided the exception is justified by one of the following legitimate objectives:
Article 706 of the Chapter states that provinces and territories may impose certain requirements as a condition of certification and, in specific circumstances, may impose restrictions, limitations or conditions or may refuse to certify. In keeping with their commitment to transparency, jurisdictions will publish exceptions as they become available on this website, beginning November 30, 2009. It must be noted that it is the approval of exceptions by a jurisdiction that is critical to its taking effect. There are hundreds of regulated occupations in Canada and only a small number of exceptions have currently been identified. The list of exceptions contained here is partial as governments are at different stages in the process of identifying and approving exceptions. Recognizing this, as well as the evolving nature of regulated occupations subject to Chapter 7, this list should at no stage be regarded as comprehensive.. Please click here for a list of approved exceptions . For more information on exceptions to certification specific to a particular occupation, contact the regulatory authority responsible for the occupation for which you are seeking certification. The AIT includes a dispute resolution process for labour mobility issues(see Chapter 17 of the AIT). If you have questions on labour mobility issues, please see the following list of contacts.
Additional background documents on the AIT and Chapter 7:
Questions and Answers regarding Chapter 7 (Labour Mobility) of the Agreement on Internal Trade (AIT)
Prior to the implementation of the Chapter, workers in regulated occupations may have experienced barriers, such as requirements to take additional training or examinations, when applying for certification to work in other provinces and territories within Canada. Q2: Why is labour mobility important? Regulated workers already active within the labour force are able to find job opportunities more readily throughout Canada. Further, immigrants to Canada, who are quickly becoming a critical source of skilled labour, are more easily integrated into the workforce. Ultimately, employers can attract and quickly hire workers in regulated occupations where there are regional and industry-specific skills shortages. While helping to address current labour market challenges, this flexibility also becomes particularly important in the case of regional or national emergencies, such as a pandemic or natural disaster. Canadian workers benefit from greater standardization at the regulatory level that a more consistent approach to assessment and certification brings. Through on-going dialogue and the sharing of best practices, regulated occupations will encounter fewer obstacles to full labour mobility and will have access to tools and information that will facilitate national coordination and consistency across jurisdictions. Ensuring full labour mobility within Canada is also particularly important as Canada and individual provinces and territories enter into labour mobility agreements with other countries. FOR WORKERS: Q 3: Who is covered? Q4: How will I know if my qualifications are recognized in another province or territory? Q5: How will this national agreement affect a certified tradesperson? Provinces and territories are obliged to recognize each other's certificates not bearing a Red Seal. However, where a non-Red Seal endorsed certification is determined to not cover equivalent scope, a province or territory may declare an "exception" to labour mobility and require additional training or examination before a tradesperson can work in the jurisdiction. Workers holding a certificate not bearing a Red Seal should contact the regulatory authority in the province or territory where they seek to work to determine whether additional requirements exist. Q6: What kinds of additional requirements can a regulator impose on a worker coming from another province or territory? Based on information provided by regulatory bodies, each province and territory will assess and determine what additional measures it deems as material. This may be determined on a case-by-case basis for each occupation which it regulates. Chapter 7 permits a regulatory authority to impose non- material additional requirements on a worker. Examples of non-material additional requirements include: paying application fees, obtaining insurance as may be appropriate, posting bonds, providing evidence of good character and offering evidence that his or her certification from another jurisdiction is in good standing. Workers may be required to demonstrate language proficiency if this has not been previously assessed and to demonstrate knowledge of the measures maintained by the destination province or territory applicable to the practice of the occupation. Chapter 7 permits a regulatory authority to impose a material additional requirement ONLY when the justification for the requirement has been reviewed and approved by the government maintaining it. Material requirements may include additional exams, training, assessments and declarations. Factors which determine if a requirement is material, include: the requirement itself, its cost, options on ways to complete the requirement, delay in the ability and time required to complete the requirement and whether a temporary or conditional certificate is granted while the applicant completes the requirement. Additional material requirements may be imposed on a worker if a government has approved an "exception" to labour mobility, due to a clear and significant difference in academic credentials, education, training, experience and examination of assessment methods. In such cases, provinces and territories must demonstrate that the difference being addressed by the material measure results in a significant deficiency in skill, area of knowledge or ability (see also Answer 9). FOR REGULATORS: Q7: What impact will the amendments have on maintaining high standards? This being said, the purpose of the amendments to Chapter 7 is to eliminate or reduce measures adopted or maintained by jurisdictions that restrict or impair labour mobility in Canada. Governments are committed to on-going dialogue and sharing of best practices that will mitigate obstacles to labour mobility while ensuring recognition of and adherence to high standards across the country. Q8 Why would a government have an "exception"? Q9 How does a government set an "exception"? An exception may be approved to achieve a legitimate objective in the area of: public security and safety; public order; protection of human, animal or plant life or health; protection of the environment; consumer protection; protection of the health, safety and well-being of workers; provision of adequate social and health services to all its geographic regions; and programs for disadvantaged groups. Q10 How are governments ensuring that the protection of public health and safety will be upheld? |
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