Ontario Labour Mobility Act, 2009, S.O. 2009, c. 24 (Historical version for the period January 1, 2022 to November 30, 2023)

• Jurisdiction: Ontario
• Coming into Force: 01 January 2022
• End of Effective Date: 30 November 2023
• Status: historical

Ontario Labour Mobility Act, 2009

S.o. 2009, chapter 24

Consolidation Period: From January 1, 2022 to the e-Laws currency date.

Last amendment: O. Reg. 856/21.

CONTENTS

Part i
interpretation

Purposes

1 The purposes of this Act are,

(a) to eliminate or reduce measures established or implemented by Ontario regulatory authorities that restrict or impair the ability of an individual to become certified in Ontario in a regulated occupation in which the individual is certified by an out-of-province regulatory authority; and

(b) to support the Government of Ontario in fulfilling its obligations under Chapter Seven of the Canadian Free Trade Agreement. 2009, c. 24, s. 1; 2017, c. 34, Sched. 32, s. 2.

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 32, s. 2 - 14/12/2017

Definitions

2 (1) In this Act,

“authorizing certificate”, in relation to an occupation, means,

(a) a certificate, licence, registration, or other form of official recognition, granted by a regulatory authority to an individual, which attests to the individual being qualified to practise the occupation and authorizes the individual to practise the occupation, use a title or designation relating to the occupation, or both, or

(b) a certificate, licence, registration, or other form of official recognition, granted by a regulatory authority to an individual, which attests to the individual being qualified to practise the occupation but does not authorize the practice of the occupation or the use of a title or designation relating to the occupation, if the occupation and the regulatory authority granting the certificate, licence, registration or other form of official recognition respecting the occupation are prescribed for the purpose of this clause; (“certificat d’autorisation”)

“authorizing statute”, in relation to an Ontario regulatory authority, means the Act that authorizes the Ontario regulatory authority to certify individuals in one or more occupations, as set out opposite the Ontario regulatory authority in Column 2 of Table 1; (“loi habilitante”)

“Canadian Free Trade Agreement” means the Canadian Free Trade Agreement, effective July 1, 2017, between the governments of Canada, the provinces of Canada and the territories of Canada, as amended from time to time; (“Accord de libre-échange canadien”)

“certify” means to grant an authorizing certificate for an occupation to an individual; (“accréditation”, “reconnaissance professionnelle”, “accréditer”)

“co-ordinating Minister” means the Minister of Advanced Education and Skills Development or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre coordonnateur”)

“instrument of a legislative nature” includes but is not limited to a regulation, by-law, rule, directive, guideline or order of a legislative nature; (“texte de nature législative”)

“municipal governmental regulatory authority” means an Ontario regulatory authority listed under the heading “Municipal Governmental Regulatory Authorities — Public Acts” in Table 1; (“autorité de réglementation gouvernementale municipale”)

“non-governmental regulatory authority” means an Ontario regulatory authority listed under the heading “Non-Governmental Regulatory Authorities — Private Acts” or “Non-Governmental Regulatory Authorities — Public Acts” in Table 1; (“autorité de réglementation non gouvernementale”)

“occupation” means a set of jobs which, with some variation, are similar in their main tasks or duties or in the type of work performed; (“métier ou profession”)

“occupational standards”, in relation to an occupation, means the knowledge, skills and judgment that an individual must possess in order to be certified in the occupation, as established by a body or individual that is authorized by law to establish them, and against which a regulatory authority measures the qualifications of an individual who applies for certification in the occupation when assessing whether the individual is qualified to practise the occupation; (“normes professionnelles”)

“Ontario regulatory authority” means a body or individual listed in Column 3 of Table 1; (“autorité de réglementation ontarienne”)

“out-of-province regulatory authority” means a regulatory authority that is authorized to certify individuals in an occupation under an Act of Canada or of a province or territory of Canada that is a party to the Canadian Free Trade Agreement, other than Ontario; (“autorité de réglementation extraprovinciale”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“provincial governmental regulatory authority” means an Ontario regulatory authority listed under the heading “Provincial Governmental Regulatory Authorities — Public Acts” in Table 1; (“autorité de réglementation gouvernementale provinciale”)

“regulated occupation” means an occupation for which an Ontario regulatory authority is authorized, under an Act set out opposite the Ontario regulatory authority in Column 2 of Table 1, to grant a specific authorizing certificate to an individual; (“métier ou profession réglementé”)

“regulatory authority” means a body or individual that is authorized by law to certify individuals in an occupation. (“autorité de réglementation”) 2009, c. 24, s. 2 (1); 2017, c. 34, Sched. 32, s. 1, 2.

Same

(2) For greater certainty, the reference in the definition of “out-of-province regulatory authority” in subsection (1) to an Act of Canada that authorizes a regulatory authority to certify individuals in an occupation does not include the Trade-marks Act (Canada). 2009, c. 24, s. 2 (2).

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 32, s. 1 (1-3), 2 - 14/12/2017

Monitor

Monitor re private Acts

3 (1) For the purposes of this Act, the monitor for a non-governmental regulatory authority whose authorizing statute is a private Act is the individual or body prescribed as the monitor for the regulatory authority. 2009, c. 24, s. 3 (1).

Monitor re public Acts

(2) For the purposes of this Act, the monitor for a non-governmental regulatory authority whose authorizing statute is a public Act is,

(a) if no monitor has been prescribed for the regulatory authority,

(i) the member of the Executive Council who is responsible for the administration of the public Act, or

(ii) if more than one member of the Executive Council is responsible for the administration of the public Act, the member who is responsible for the administration of the public Act in respect of the regulatory authority; or

(b) if a monitor has been prescribed for the regulatory authority, the individual or body prescribed as the monitor. 2009, c. 24, s. 3 (2).

4 Repealed: 2021, c. 4, Sched. 7, s. 14.

Section Amendments with date in force (d/m/y)

2021, c. 4, Sched. 7, s. 14 - 30/04/2021

Crown bound

5 This Act binds the Crown. 2009, c. 24, s. 5.

Commitment to Red Seal Program

6 Nothing in this Act restricts the Crown from taking any action that it considers advisable in order to fulfil its ongoing commitment to the Interprovincial Standards Red Seal Program. 2009, c. 24, s. 6.

Part iI
labour mobility Code

Labour Mobility Code

7 This Part shall be known in English as the Labour Mobility Code and in French as Code de mobilité de la main-d’oeuvre. 2009, c. 24, s. 7.

Residency

Ontario residency cannot be required

8 (1) No Ontario regulatory authority shall require that an individual reside in Ontario as a condition of being certified in a regulated occupation, if the individual resides in another province or territory of Canada that is a party to the Canadian Free Trade Agreement. 2009, c. 24, s. 8 (1); 2017, c. 34, Sched. 32, s. 2.

Residency in municipality cannot be required

(2) No municipal governmental regulatory authority shall require that an individual reside in its geographic area of jurisdiction as a condition of eligibility for employment, if the individual resides in a province or territory of Canada that is a party to the Canadian Free Trade Agreement. 2009, c. 24, s. 8 (2); 2017, c. 34, Sched. 32, s. 2.

Section Amendments with date in force (d/m/y)

2017, c. 34, Sched. 32, s. 2 - 14/12/2017

When applicant is certified by out-of-province regulatory authority

9 (1) This section applies if an individual applying to an Ontario regulatory authority for certification in a regulated occupation is already certified in the same occupation by an out-of-province regulatory authority. 2009, c. 24, s. 9 (1).

Material additional training, etc., cannot be required

(2) The Ontario regulatory authority shall not require, as a condition of certifying the individual in the regulated occupation, that the individual have, undertake, obtain or undergo any material additional training, experience, examinations or assessments. 2009, c. 24, s. 9 (2).

Exception, certification requirements listed on website

(3) Despite subsection (2), the Ontario regulatory authority is not prohibited from imposing on the individual, as a condition of certifying the individual in the regulated occupation, any requirement that,

(a) is listed on the website of the Ministry of Advanced Education and Skills Development or such other publicly accessible website as may be prescribed; and

(b) is stated on the website to be a permissible certification requirement for that regulated occupation, adopted by the Government of Ontario under Article 707 of the Canadian Free Trade Agreement. 2009, c. 24, s. 9 (3); 2017, c. 34, Sched. 32, s. 3.

Other exceptions

(4) Despite subsection (2), if the conditions set out in subsection (6) are met, the Ontario regulatory authority is not prohibited from requiring that the individual do one or both of the following as a condition of being certified in the regulated occupation:

1. Demonstrate proficiency in English or in French if equivalent proficiency in the language...