Bill 175, Ontario Labour Mobility Act, 2009

Milloy, Hon John Minister of Training, Colleges and Universities

Current Status: Royal Assent received Chapter Number: S.O. 2009 C.24

Viewing: Royal Assent (current version) pdf

Bill 175                                                        2009

An Act to enhance labour mobility between Ontario and other Canadian provinces and territories

This Act amends or repeals more than one Act.  For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

 

CONTENTS

PART I
INTERPRETATION

  1.

  2.

  3.

  4.

  5.

  6.

Purposes

Definitions

Monitor

Public Accountants Council

Crown bound

Commitment to Red Seal Program

PART II
LABOUR MOBILITY CODE

  7.

  8.

  9.

10.

11.

12.

13.

Labour Mobility Code

Residency

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

Transition

Duty to publish

Occupational standards

Notice of proposed occupational standards

PART III
CONFLICTS WITH LABOUR MOBILITY CODE

14.

15.

Conflict

Regulations, etc., to conform

PART IV
ENFORCEMENT

Reviews and Requests

16.

Reviews and requests by monitor

Amending, etc., Ontario Regulatory Authority’s Instruments

17.

Power of L.G. in C. to make, amend or revoke instruments

Administrative Penalties

18.

19.

20.

Order to pay administrative penalty

Enforcement of administrative penalty

Debt to Crown

Recovery of Amounts Paid under Agreement on Internal Trade

21.

22.

23.

24.

Right of recovery by Crown

Appeal to court

Enforcement of payment order

Debt to Crown

PART V
REGULATIONS

25.

26.

27.

Regulations made by L.G. in C.

Regulations made by co-ordinating Minister

Regulations made by monitors

PART VI
AMENDMENTS TO THIS AND OTHER ACTS

28.

29.

30.

31.

32.

33.

34.

35.

Apprenticeship and Certification Act, 1998

Ontario Heritage Act

Ontario Labour Mobility Act, 2009

Ontario Labour Mobility Act, 2009 – if Bill 158 is enacted

Proceedings Against the Crown Act

Regulated Health Professions Act, 1991

Social Work and Social Service Work Act, 1998

Trades Qualification and Apprenticeship Act

PART VII
COMMENCEMENT AND SHORT TITLE

36.

37.

Commencement

Short title

Table 1

___________

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

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 Agreement on Internal Trade.

Definitions

   2.  (1)  In this Act,

“Agreement on Internal Trade” means the Agreement on Internal Trade signed in 1994 by the governments of Canada, the provinces of Canada, the Northwest Territories and the Yukon Territory, as amended from time to time; (“Accord sur le commerce intérieur”)

“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”)

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

“co-ordinating Minister” means the Minister of Training, Colleges and Universities 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 provinciale”)

“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 Agreement on Internal Trade, 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”)

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).

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.

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.

Public Accountants Council

   4.  For the purpose of every section of this Act, other than sections 8 and 9, The Public Accountants Council for the Province of Ontario shall be deemed to be a non-governmental regulatory authority and its authorizing statute shall be deemed to be the Public Accounting Act, 2004.

Crown bound

   5.  This Act binds the Crown.

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.

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.

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 Agreement on Internal Trade.

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 Agreement on Internal Trade.

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.

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.

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 Training, Colleges and Universities 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 708 of the Agreement on Internal Trade.

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 was not a condition of certification of the individual by the out-of-province regulatory authority.

    2.  Undertake, obtain or undergo material additional training, experience, examinations or assessments if the individual has not practised the regulated occupation within a period of time fixed by the Ontario regulatory authority, before submitting his or her application for certification to the Ontario regulatory authority.

Other permitted certification requirements

   (5)  Subsection (2) does not prohibit the Ontario regulatory authority from requiring that the individual do one or more of the following as a condition of being certified in the regulated occupation:

    1.  If the conditions set out in subsection (6) are met:

            i.  Pay an application or processing fee.

           ii.  Obtain malpractice insurance or any other insurance or similar protection.

          iii.  Post a bond.

          iv.  Undergo a criminal background check.

           v.  Provide evidence of good character.

    2.  If the condition set out in paragraph 2 of subsection (6) is met, provide a certificate, letter or other evidence from every out-of-province regulatory authority by which the individual is currently certified in the occupation, confirming that the authorizing certificate that the regulatory authority granted to the individual for the occupation is in good standing.

    3.  If the conditions set out in subsection (6) are met, demonstrate knowledge of matters applicable to the practice of the regulated occupation in Ontario, as long as this does not involve material additional training, experience, examinations or assessments.

    4.  If the conditions set out in subsection (6) are met, meet any other requirement specified by the Ontario regulatory authority that does not involve material additional training, experience, examinations or assessments.

Conditions for subss. (4) and (5)

   (6)  The conditions referred to in subsections (4) and (5) are:

    1.  Subject to subsection (9), the requirement imposed by the Ontario regulatory authority on applicants who are certified by an out-of-province regulatory authority must be the same as, or substantially similar to but no more onerous than, the requirement imposed by the Ontario regulatory authority on applicants who are not certified by an out-of-province regulatory authority.

    2.  The requirement imposed by the Ontario regulatory authority must not be a disguised restriction on labour mobility.

Permitted measures

   (7)  This section does not prohibit the Ontario regulatory authority from carrying out the following measures in respect of the individual if the conditions set out in subsection (8) are met:

    1.  Refusing to certify the individual or imposing terms, conditions or limitations on the individual’s authorizing certificate if, in the opinion of the Ontario regulatory authority, such action is necessary to protect the public interest as a result of complaints, or criminal, disciplinary or other proceedings, against the individual in any jurisdiction whether in or outside Canada, relating to the individual’s competency, conduct or character.

    2.  If the authorizing certificate granted to the individual by the out-of-province regulatory authority is subject to a term, condition or limitation,

            i.  imposing an equivalent term, condition or limitation on the authorizing certificate to be granted by the Ontario regulatory authority to the individual, or

           ii.  refusing to certify the individual, if the Ontario regulatory authority does not impose an equivalent term, condition or limitation on the authorizing certificate that it grants for the occupation.

Conditions for subs. (7)

   (8)  The conditions referred to in subsection (7) are:

    1.  Subject to subsection (9), the measure carried out by the Ontario regulatory authority with respect to applicants who are certified by an out-of-province regulatory authority must be the same as, or substantially similar to but no more onerous than, the measure carried out by the Ontario regulatory authority with respect to applicants who are not certified by an out-of-province regulatory authority.

    2.  The measure carried out by the Ontario regulatory authority must not be a disguised restriction on labour mobility.

Costs

   (9)  The Ontario regulatory authority shall ensure that any requirements it imposes on the individual, and any measures it carries out with respect to the individual, in connection with the certification of the individual in the regulated occupation do not result in the imposition on the individual of fees or other costs that are more onerous than those the Ontario regulatory authority would impose if the individual were not certified by an out-of-province regulatory authority, unless the difference in such fees or other costs reflects the actual cost differential to the Ontario regulatory authority.

Expeditious certification

   (10)  The Ontario regulatory authority shall ensure that its imposition of certification requirements on the individual under subsections (3), (4) and (5) and its imposition of terms, conditions or limitations on the individual’s authorizing certificate under subsection (7) do not prevent the expeditious certification of the individual.

Transition

   10.  Sections 8 and 9 apply to,

  (a)  an application for certification made to an Ontario regulatory authority on or after the day this section comes into force; and

  (b)  an application for certification made to an Ontario regulatory authority before the day this section comes into force, if the application has not been finally decided before that day.

Duty to publish

   11.  Every Ontario regulatory authority shall publish, on a publicly accessible website maintained by the regulatory authority, every requirement that the regulatory authority imposes, as a condition of certification in a regulated occupation, on applicants who are already certified in the same occupation by an out-of-province regulatory authority.

Occupational standards

   12.  (1)  Every Ontario regulatory authority shall, to the extent possible and where practical,

  (a)  ensure that the process it follows in establishing or amending occupational standards for the occupations for which it is authorized to grant an authorizing certificate is conducive to labour mobility within Canada;

  (b)  take steps to reconcile differences between the occupational standards it has established for an occupation and occupational standards in effect with respect to the same occupation in the other provinces and territories of Canada that are parties to the Agreement on Internal Trade; and

   (c)  ensure that the occupational standards it establishes for each occupation for which it is authorized to grant an authorizing certificate are consistent with such common interprovincial or international occupational standards as may have been developed for that occupation, including occupational standards developed under the Interprovincial Standards Red Seal Program.

No limitation

   (2)  Subsection (1) does not prevent an Ontario regulatory authority from establishing such occupational standards as it considers appropriate to protect the public, if it is authorized to do so by its authorizing statute.

Notice of proposed occupational standards

   13.  If an Ontario regulatory authority wishes to establish or amend occupational standards for an occupation for which it is authorized to grant authorizing certificates, it shall,

  (a)  give notice of the proposed new or amended standards to,

           (i)  its monitor, if any,

          (ii)  the co-ordinating Minister, and

         (iii)  the out-of-province regulatory authorities that grant authorizing certificates in the same occupation; and

  (b)  afford those out-of-province regulatory authorities an opportunity to comment on the development of the new or amended standards.

Part iII
conflicts with labour mobility code

Conflict

   14.  (1)  If the Labour Mobility Code conflicts with an Ontario regulatory authority’s authorizing statute or an instrument of a legislative nature made under that statute, the Labour Mobility Code prevails to the extent of the conflict.

Same

   (2)  This conflict provision prevails over a conflict provision in an Ontario regulatory authority’s authorizing statute, even if the conflict provision in the authorizing statute is enacted after this Act, unless the conflict provision in the authorizing statute refers expressly to the Labour Mobility Code.

Regulations, etc., to conform

   15.  Within 12 months after the day this section comes into force or within such longer period as may be prescribed, every non-governmental and provincial governmental regulatory authority shall take such steps as are within its power to make, amend or revoke instruments of a legislative nature under its authorizing statute so that they conform with the Labour Mobility Code.

Part iV
enforcement

Reviews and Requests

Reviews and requests by monitor

   16.  (1)  The monitor for a non-governmental regulatory authority may do one or more of the following:

    1.  Review the instruments of a legislative nature under the regulatory authority’s authorizing statute in order to assess their conformity with the Labour Mobility Code.

    2.  Request the regulatory authority to take such steps as are within its power to make, amend or revoke an instrument of a legislative nature under its authorizing statute so that the instrument conforms with the Labour Mobility Code.

    3.  Review the certification processes and practices of the regulatory authority in order to assess their compliance with the Labour Mobility Code.

    4.  Request the regulatory authority to provide information and reports with respect to any matter relating to compliance with the Labour Mobility Code or any matter relating to the administration of Chapter Seven of the Agreement on Internal Trade.

    5.  Request the regulatory authority to do anything that, in the opinion of the monitor, is necessary or advisable to implement, or carry out the intent and purposes of, the Labour Mobility Code or a decision of a presiding body established or convened under the Agreement on Internal Trade.

    6.  If the Lieutenant Governor in Council makes an order in council under subsection 17 (1), request the regulatory authority to publish it in accordance with the monitor’s directions.

Duty to comply

   (2)  If the monitor requests the regulatory authority to do anything under subsection (1), the regulatory authority shall comply with the request within such time and in such manner as the monitor may specify.

Amending, etc., Ontario Regulatory Authority’s Instruments

Power of L.G. in C. to make, amend or revoke instruments

   17.  (1)  If the monitor for a non-governmental regulatory authority makes a request under paragraph 2 of subsection 16 (1) and the regulatory authority does not comply with the request within the time and in the manner specified by the monitor, the Lieutenant Governor in Council may make, amend or revoke the instrument in question for the purpose of ensuring that it conforms with the Labour Mobility Code,

  (a)  by regulation under the regulatory authority’s authorizing statute, if the authorizing statute is a public Act and the instrument in question is required to be published on the e-Laws website because of the application of Part III of the Legislation Act, 2006;

  (b)  by order in council under the regulatory authority’s authorizing statute, if the authorizing statute is a public Act and the instrument in question is not required to be published on the e-Laws website because of the non-application of Part III of the Legislation Act, 2006; or

   (c)  by order in council under this Act, if the regulatory authority’s authorizing statute is a private Act.

Subject matter

   (2)  A regulation or an order in council under subsection (1) may be made with respect to any matter in respect of which the regulatory authority’s authorizing statute authorizes the instrument in question to be made.

Authority to override

   (3)  In addition to the authority set out in subsection (2), a regulation or an order in council under subsection (1) may,

  (a)  prescribe provisions to operate in place of a provision of the regulatory authority’s authorizing statute or of any other instrument of a legislative nature made under that statute; and

  (b)  may state that it applies despite a provision of the regulatory authority’s authorizing statute or of any other instrument of a legislative nature made under that statute.

Conflict

   (4)  If a provision of a regulation or of an order in council made by the Lieutenant Governor in Council under subsection (1) conflicts with a provision of the regulatory authority’s authorizing statute or of any other instrument of a legislative nature made under that statute, the provision of the regulation or order in council made by the Lieutenant Governor in Council under subsection (1) prevails to the extent of the conflict.

Legislation Act, 2006

   (5)  Part III (Regulations) of the Legislation Act, 2006 does not apply to an order in council made under subsection (1).

Administrative Penalties

Order to pay administrative penalty

   18.  (1)  If the monitor for a non-governmental regulatory authority believes that the regulatory authority has contravened subsection 16 (2), the monitor may serve an order on the regulatory authority ordering it to pay an administrative penalty in accordance with the regulations made under this Act.

Purpose of administrative penalty

   (2)  An administrative penalty may be ordered under subsection (1) to encourage compliance with a request made under subsection 16 (1).

Content of order

   (3)  An order under subsection (1) shall,

  (a)  describe the regulatory authority’s contravention;

  (b)  specify the amount of the administrative penalty that the monitor is ordering the regulatory authority to pay, specify that it must be paid to the Minister of Finance, and specify the time within which and the manner in which it must be paid; and

   (c)  state that the regulatory authority may apply in accordance with subsection (8) for a review of the order by the co-ordinating Minister or his or her designate.

Notice of intent to issue order

   (4)  A monitor shall not serve an order on a regulatory authority under subsection (1) unless, before doing so, he or she serves notice on the regulatory authority of the intent to issue the order and gives the regulatory authority an opportunity to make written submissions with respect to the proposed order in accordance with subsection (7).

One-year limitation

   (5)  A notice of intent shall not be served under subsection (4) more than one year after the regulatory authority’s alleged contravention first came to the knowledge of the monitor.

Content of notice of intent

   (6)  A notice of intent under subsection (4) shall,

  (a)  describe the regulatory authority’s alleged contravention;

  (b)  state that the regulatory authority may make written submissions to the monitor in accordance with subsection (7).

Written submissions

   (7)  A regulatory authority that is served with a notice of intent under subsection (4) may make written submissions to the monitor to explain any matter set out in the notice of intent, within 30 days after the day the notice of intent was served on the regulatory authority or within such longer period as may be specified in the notice of intent.

Application for review

   (8)  An application for review of an order to pay an administrative penalty must be in a form approved by the monitor and must be served on the co-ordinating Minister,

  (a)  within 15 days after the day the order was served on the regulatory authority; or

  (b)  if the co-ordinating Minister or his or her designate considers it appropriate in the circumstances to extend the time for applying, within such longer period as the co-ordinating Minister or his or her designate specifies.

If no review requested

   (9)  If a regulatory authority that has been served with an order to pay an administrative penalty does not apply for a review in accordance with subsection (8), the regulatory authority shall pay the administrative penalty specified in the order to the Minister of Finance within the time and in the manner specified in the order.

If review requested

   (10)  If a regulatory authority that has been served with an order to pay an administrative penalty applies for a review in accordance with subsection (8), the co-ordinating Minister or his or her designate shall conduct the review in accordance with the regulations made under this Act.

Decision

   (11)  Upon a review, the person conducting the review may,

  (a)  find that the regulatory authority did not contravene subsection 16 (2) and rescind the order;

  (b)  find that the regulatory authority did contravene subsection 16 (2) and affirm the order; or

   (c)  find that although the regulatory authority did contravene subsection 16 (2), the amount of the administrative penalty specified in the order is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances, and amend the order by reducing the amount of the penalty.

Decision final

   (12)  A decision under subsection (11) is final.

Payment after review

   (13)  If the person conducting the review finds that the regulatory authority did contravene subsection 16 (2), the regulatory authority shall pay the administrative penalty specified in the decision to the Minister of Finance within the time and in the manner specified in the decision.

Other means not a bar

   (14)  An order may be served under subsection (1) and a decision may be made under clause (11) (b) or (c) even though a payment order has been or may be issued to the regulatory authority under section 21 with respect to the same contravention.

Enforcement of administrative penalty

   19.  (1)  If a regulatory authority that is required to pay an administrative penalty under subsection 18 (9) or (13) fails to pay it within the time specified in the order of the monitor or in the decision of the person who conducted the review, as the case may be, the order or the decision, as the case may be, may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court.

Interest

   (2)  Section 129 of the Courts of Justice Act applies in respect of an order or decision filed with the Superior Court of Justice under subsection (1), and the date on which the order or decision is filed under subsection (1) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.

Debt to Crown

   20.  If a regulatory authority that is required to pay an administrative penalty under subsection 18 (9) or (13) fails to pay it within the time specified in the order of the monitor or in the decision of the person who conducted the review, as the case may be, the unpaid amount of the administrative penalty is a debt due to the Crown in right of Ontario and may be recovered by any remedy or procedure available to the Crown by law.

Recovery of Amounts Paid under Agreement on Internal Trade

Right of recovery by Crown

   21.  (1)  If the Crown in right of Ontario is ordered to pay a penalty or tariff costs under a final order made by a presiding body established or convened under the Agreement on Internal Trade, and the order is wholly or partially the result of non-compliance by a municipal governmental regulatory authority with the Labour Mobility Code, non-compliance by a non-governmental regulatory authority with the Labour Mobility Code and with subsection 16 (2), or non-compliance by a College, as defined in the Regulated Health Professions Act, 1991, with any of sections 22.15 to 22.23 of Schedule 2 to that Act and with subsection 5 (2) of that Act, the Crown has the right to recover from the regulatory authority or the College, as the case may be, the amount paid by the Crown under the presiding body’s final order.

Payment order

   (2)  Where the Crown in right of Ontario has a right of recovery against a regulatory authority or a College under subsection (1), the co-ordinating Minister may issue a payment order to the regulatory authority or the College, as the case may be, ordering it to pay to the Minister of Finance all or part of the amount referred to in subsection (1) paid by the Crown under the presiding body’s final order.

Content of payment order

   (3)  A payment order issued by the co-ordinating Minister under subsection (2) shall,

  (a)  set out the amount paid by the Crown in right of Ontario under the presiding body’s final order;

  (b)  describe the non-compliance of the regulatory authority or the College that resulted in the presiding body’s final order;

   (c)  specify the amount that the co-ordinating Minister is ordering the regulatory authority or the College to pay, specify that it must be paid to the Minister of Finance, and specify the time within which and the manner in which it must be paid; and

  (d)  state that the regulatory authority or the College may appeal the payment order to the Superior Court of Justice on a question of law or fact or both, in accordance with the rules of court.

Other means not a bar

   (4)  A payment order may be issued under subsection (2) to a non-governmental regulatory authority even though an order to pay an administrative penalty has been or may be served on the regulatory authority under subsection 18 (1), and even though a decision has been or may be made under clause 18 (11) (b) or (c), with respect to the same contravention.

If no appeal brought

   (5)  If a regulatory authority or College to which a payment order is issued under subsection (2) does not appeal the payment order to the Superior Court of Justice in accordance with the rules of court, the regulatory authority or the College, as the case may be, shall pay the amount specified in the payment order to the Minister of Finance within the time and in the manner specified in the payment order.

Appeal to court

   22.  (1)  A regulatory authority or College to which a payment order is issued under section 21 may appeal the payment order to the Superior Court of Justice on a question of law or fact or both, in accordance with the rules of court.

Co-ordinating Minister is party

   (2)  The co-ordinating Minister is a party to every appeal under this section.

Powers of court

   (3)  On an appeal under this section, the court may affirm, rescind or alter the payment order appealed from and may exercise all powers of the co-ordinating Minister under section 21 and may direct the co-ordinating Minister to take any action which the co-ordinating Minister may take under section 21 and as the court considers proper, and for such purposes the court may substitute its opinion for that of the co-ordinating Minister or the court may refer the matter back to the co-ordinating Minister for reconsideration, in whole or in part, in accordance with such directions as the court considers proper.

Enforcement of payment order

   23.  (1)  If a regulatory authority or College fails to pay the amount specified in a payment order as required by subsection 21 (5), the payment order may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court.

Interest

   (2)  Section 129 of the Courts of Justice Act applies in respect of a payment order filed with the Superior Court of Justice under subsection (1), and the date on which the payment order is filed under subsection (1) shall be deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.

Debt to Crown

   24.  If a regulatory authority or College fails to pay the amount specified in a payment order as required by subsection 21 (5), or fails to pay the amount specified by the court within the time specified by the court on an appeal under section 22, the unpaid amount is a debt due to the Crown in right of Ontario and may be recovered by any remedy or procedure available to the Crown by law.

Part V
regulations

Regulations made by L.G. in C.

   25.  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing an individual or body as the monitor for a non-governmental regulatory authority for the purposes of this Act;

  (b)  governing the administrative penalties that may be ordered under this Act and all matters necessary and incidental to the administration of a system of administrative penalties under this Act, including,

           (i)  prescribing the amount of an administrative penalty or providing for the determination of the amount of an administrative penalty by prescribing the method of calculating the amount and the criteria to be considered in determining the amount,

          (ii)  providing for different amounts to be paid, or different calculations or criteria to be used, depending on the circumstances that gave rise to the administrative penalty or the time at which the penalty is paid,

         (iii)  providing for the payment of lump sum amounts and daily amounts and prescribing the circumstances in which each type of amount may be required,

         (iv)  prescribing the maximum amount of an administrative penalty, whether a lump sum amount or daily amount and, in the case of a daily amount, prescribing the maximum number of days for which the daily amount may be required,

          (v)  prescribing additional information that must be included in an order for payment of an administrative penalty or a notice of intent to issue the order, and

         (vi)  governing the review by the co-ordinating Minister or his or her designate of an order for payment of an administrative penalty;

   (c)  defining, for the purposes of this Act and the regulations, any word or expression that is used but not defined in this Act;

  (d)  prescribing anything that is referred to in this Act as prescribed or that is required or permitted to be done in accordance with, or as provided in, the regulations made under this Act and for which a specific power is not otherwise provided in this Act.

Regulations made by co-ordinating Minister

   26.  The co-ordinating Minister may make regulations,

  (a)  for the purpose of clause (b) of the definition of “authorizing certificate” in subsection 2 (1), prescribing one or more occupations and, for each occupation, prescribing one or more regulatory authorities that grant individuals a certificate, licence, registration or other form of official recognition that 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;

  (b)  prescribing a different publicly accessible website for the purpose of clause 9 (3) (a);

   (c)  amending Table 1 in any way, including,

           (i)  adding a statute to, removing a statute from, or changing the title of a statute in Column 2, and

          (ii)  adding a regulatory authority to, removing a regulatory authority from, or changing the name of a regulatory authority in Column 3;

  (d)  providing for any transitional matters that arise out of any amendment of Table 1.

Regulations made by monitors

   27.  Subject to the approval of the Lieutenant Governor in Council, the monitor for an Ontario regulatory authority may make a regulation prescribing a longer period for the Ontario regulatory authority for the purpose of section 15.

Part VI
Amendments to this and other Acts

Apprenticeship and Certification Act, 1998

   28.  (1)  Section 9 of the Apprenticeship and Certification Act, 1998 is amended by adding the following subsection:

Equivalent Canadian document

   (6)  Despite subsections (2) and (4), the Director may issue a certificate of qualification for a trade or other occupation under subsection (1) to a person who holds an equivalent document issued for the same trade or occupation in another province or territory of Canada, if,

  (a)  the document issued in the other province or territory is an authorizing certificate, within the meaning of the Ontario Labour Mobility Act, 2009, for the trade or occupation; or

  (b)  the other province or territory and the trade or occupation for which the document was issued in that province or territory are prescribed for the purpose of this clause.

   (2)  Subsection 19 (2) of the Act is amended by adding the following clause:

(e.1) for the purpose of clause 9 (6) (b), prescribing one or more provinces or territories of Canada and, for each province or territory so prescribed, prescribing one or more trades or occupations that are practised in that province or territory;

Ontario Heritage Act

   29.  (1)  Subsection 48 (8) of the Ontario Heritage Act is amended by adding “of a class prescribed under clause 70 (1) (d.1)” after “licence” in the portion before clause (a).

   (2)  Clause 48 (8) (d) of the Act is repealed and the following substituted:

  (d)  the applicant is in compliance with such eligibility criteria and other requirements for the issuance of a licence of that class as may be prescribed by the regulations.

   (3)  Section 48 of the Act is amended by adding the following subsections:

Non-application

   (8.1)  Subsection (8) does not apply to an applicant to whom subsection (8.2) applies.

When applicant holds a licence from another Canadian jurisdiction

   (8.2)  The Minister may issue a licence of a class prescribed under clause 70 (1) (d.1) to an applicant if the applicant proves, to the satisfaction of the Minister, that,

  (a)  he or she holds an authorizing certificate, as defined in the Ontario Labour Mobility Act, 2009, granted by an out-of-province regulatory authority, as defined in the Ontario Labour Mobility Act, 2009, and the authorizing certificate is in good standing;

  (b)  the authorizing certificate permits the applicant to carry out, in a province or territory of Canada that is a party to the Agreement on Internal Trade, as defined in the Ontario Labour Mobility Act, 2009, the same type of archaeological fieldwork as that permitted by the class of licence being applied for;

   (c)  the past conduct of the applicant does not afford reasonable grounds for the belief that the archaeological fieldwork will not be carried out in accordance with this Part and the regulations;

  (d)  the activities proposed by the applicant are consistent with the conservation, protection and preservation of the heritage of Ontario; and

  (e)  the applicant is in compliance with such eligibility criteria and other requirements for the issuance of a licence of that class as may be prescribed by the regulations and as do not contravene the Ontario Labour Mobility Act, 2009.

   (4)  Clause 48 (9) (a) of the Act is amended by adding “or (8.2)” after “under subsection (8)”.

Ontario Labour Mobility Act, 2009

   30.  (1)  On the later of the day Table 1 of this Act comes into force and the day subsection 14 (1) of Schedule P to the Health System Improvements Act, 2007 comes into force, item 29 of Table 1 of this Act is repealed.

   (2)  On the later of the day Table 1 of this Act comes into force and the day section 3 of the Funeral, Burial and Cremation Services Act, 2002 comes into force, item 31 of Table 1 of this Act is repealed and the following substituted:

 

31.

Funeral, Burial and Cremation Services Act, 2002

Registrar appointed by the deputy minister to the Minister responsible for the administration of the Act

 

   (3)  On the later of the day Table 1 of this Act comes into force and the day the Motor Vehicle Dealers Act, 2002 comes into force, item 52 of Table 1 of this Act is repealed and the following substituted:

 

52.

Motor Vehicle Dealers Act, 2002

The administrative authority designated under subsection 3 (2) of the Safety and Consumer Statutes Administration Act, 1996 or, if there is no designated administrative authority, the Minister responsible for the administration of the authorizing statute

 

Ontario Labour Mobility Act, 2009 – if Bill 158 is enacted

   31.  (1)  This section applies only if Bill 158 (Accounting Professions Act, 2009), introduced on March 23, 2009, receives Royal Assent.

   (2)  References in this section to provisions of Bill 158 are references to those provisions as they were numbered in the first reading version of the Bill.

   (3)  On the later of the day Table 1 of this Act comes into force and the day section 68 of the Certified General Accountants Act, 2009, set out in Schedule A to Bill 158, comes into force, item 8 of Table 1 of this Act is repealed.

   (4)  On the later of the day Table 1 of this Act comes into force and the day section 73 of the Certified Management Accountants Act, 2009, set out in Schedule B to Bill 158, comes into force, item 26 of Table 1 of this Act is repealed.

   (5)  On the later of the day Table 1 of this Act comes into force and the day section 68 of the Certified General Accountants Act, 2009, set out in Schedule A to Bill 158, comes into force, Table 1 of this Act is amended by adding the following item:

 

27.1

Certified General Accountants Act, 2009

The Certified General Accountants Association of Ontario

 

   (6)  On the later of the day Table 1 of this Act comes into force and the day section 73 of the Certified Management Accountants Act, 2009, set out in Schedule B to Bill 158, comes into force, Table 1 of this Act is amended by adding the following item:

 

27.2

Certified Management Accountants Act, 2009

Certified Management Accountants of Ontario

 

   (7)  On the later of the day Table 1 of this Act comes into force and the day section 65 of the Chartered Accountants Act, 2009, set out in Schedule C to Bill 158, comes into force, item 28 of Table 1 of this Act is repealed and the following substituted:

 

28.

Chartered Accountants Act, 2009

The Institute of Chartered Accountants of Ontario

 

   (8)  On the later of the day Table 1 of this Act comes into force and the day section 73 of the Certified Management Accountants Act, 2009, set out in Schedule B to Bill 158, comes into force, item 39 of Table 1 of this Act is repealed and the following substituted:

 

39.

Public Accounting Act, 2004

Certified Management Accountants of Ontario

 

Proceedings Against the Crown Act

   32.  Section 22 of the Proceedings Against the Crown Act is amended by striking out “or” at the end of clause (b), by adding “or” at the end of clause (c), and by adding the following clause:

  (d)  under a final order to pay made by a competent authority under a trade agreement that the Crown has entered into with the government of another province or territory of Canada, the government of Canada or any combination of those governments.

Regulated Health Professions Act, 1991

   33.  (1)  The Regulated Health Professions Act, 1991 is amended by adding the following section:

Ontario Labour Mobility Act, 2009 not applicable

   5.2  The Ontario Labour Mobility Act, 2009, except sections 21 to 24, does not apply to any College.

   (2)  Subsection 43 (1) of the Act is amended by adding the following clauses:

    (l)  prescribing a longer period in respect of a College for the purpose of section 22.23 of the Code;

(m)  defining, for the purposes of sections 22.3 and 22.15 to 22.23 of the Code, any word or expression that is used in those sections but not defined in this Act.

   (3)  Subsection 15 (2) of Schedule 2 to the Act is amended by adding the following clause:

(a.1) is of the opinion that terms, conditions or limitations should be imposed on a certificate of registration of the applicant and the applicant is an individual described in subsection 22.18 (1);

   (4)  Section 22.3 of Schedule 2 to the Act is repealed and the following substituted:

Information

   22.3  The College shall provide information on its website with respect to the requirements for registration, the procedures for applying for registration and the amount of time that the registration process usually takes.

   (5)  Schedule 2 to the Act is amended by adding the following sections:

Definitions

   22.15  (1)  In this section and in sections 22.16 to 22.23,

“Agreement on Internal Trade” means the Agreement on Internal Trade signed in 1994 by the governments of Canada, the provinces of Canada, the Northwest Territories and the Yukon Territory, as amended from time to time; (“Accord sur le commerce intérieur”)

“occupational standards”, in relation to a certificate of registration, means the knowledge, skills and judgment that an individual must possess in order to be issued the certificate of registration, as established by the College, and against which the College measures the qualifications of an applicant for registration when assessing whether the applicant is qualified to practise the profession to the extent permitted by the certificate of registration; (“normes professionnelles”)

“out-of-province certificate” means a certificate, licence, registration, or other form of official recognition that,

  (a)  attests to an individual being qualified to practise the profession and authorizes the individual to practise the profession, use a title or designation relating to the profession, or both, and

  (b)  is granted to the individual by a body or individual that is authorized under an Act of Canada or of a province or territory of Canada that is a party to the Agreement on Internal Trade, other than Ontario, to grant such certificate, licence, registration, or other form of official recognition. (“certificat extraprovincial”)

Federal Act

   (2)  For greater certainty, the reference in clause (b) of the definition of “out-of-province certificate” in subsection (1), to an Act of Canada that authorizes a body or individual to grant a certificate, licence, registration, or other form of official recognition, does not include the Trade-marks Act (Canada).

Purposes

   22.16  The purposes of sections 22.15 to 22.23 are,

  (a)  to eliminate or reduce measures established or implemented by the College that restrict or impair the ability of an individual to obtain a certificate of registration when the individual holds an equivalent out-of-province certificate; and

  (b)  to support the Government of Ontario in fulfilling its obligations under Chapter Seven of the Agreement on Internal Trade.

Ontario residency cannot be required

   22.17  The College shall not make it a registration requirement that an applicant reside in Ontario, if the applicant resides in another province or territory of Canada that is a party to the Agreement on Internal Trade.

When applicant holds out-of-province certificate

   22.18  (1)  This section applies if an individual applying to the College for registration already holds an out-of-province certificate that is equivalent to the certificate of registration being applied for.

Material additional training, etc., cannot be required

   (2)  The College shall not impose any registration requirement that would require the applicant to have, undertake, obtain or undergo any material additional training, experience, examinations or assessments.

Exception, registration requirements listed on website

   (3)  Despite subsection (2), the College is not prohibited from imposing on the applicant any registration requirement that,

  (a)  is listed on the publicly accessible website referred to in clause 9 (3) (a) of the Ontario Labour Mobility Act, 2009; and

  (b)  is stated on the website to be a permissible registration requirement for the certificate of registration being applied for, adopted by the Government of Ontario under Article 708 of the Agreement on Internal Trade.

Other exceptions

   (4)  Despite subsection (2), if the conditions set out in subsection (6) are met, the College is not prohibited from imposing one or both of the following registration requirements on the applicant:

    1.  Requiring the applicant to demonstrate proficiency in English or in French if equivalent proficiency in the language was not a requirement for the granting of the out-of-province certificate.

    2.  Requiring the applicant to undertake, obtain or undergo material additional training, experience, examinations or assessments if the applicant has not, within a period of time fixed by the College, before submitting the application for registration, practised the profession to the extent that would be permitted by the certificate of registration for which the applicant is applying.

Other permitted registration requirements

   (5)  Subsection (2) does not prohibit the College from imposing registration requirements that would require the applicant to do one or more of the following:

    1.  If the conditions set out in subsection (6) are met:

            i.  Pay a fee upon application for registration and upon registration.

           ii.  Obtain professional liability insurance or any other insurance or similar protection.

          iii.  Post a bond.

          iv.  Undergo a criminal background check.

           v.  Provide evidence of good character.

    2.  If the condition set out in paragraph 2 of subsection (6) is met, provide a certificate, letter or other evidence from every body or individual from whom the applicant currently holds an out-of-province certificate, confirming that the out-of-province certificate is in good standing.

    3.  If the conditions set out in subsection (6) are met, demonstrate knowledge of matters applicable to the practice of the profession in Ontario, as long as this does not involve material additional training, experience, examinations or assessments.

    4.  If the conditions set out in subsection (6) are met, meet any other requirement specified by the College that does not involve material additional training, experience, examinations or assessments.

Conditions for subss. (4) and (5)

   (6)  The conditions referred to in subsections (4) and (5) are:

    1.  Subject to subsection (9), the requirement imposed by the College on applicants who hold an out-of-province certificate must be the same as, or substantially similar to but no more onerous than, the requirement imposed by the College on applicants who do not hold an out-of-province certificate.

    2.  The requirement imposed by the College must not be a disguised restriction on labour mobility.

Permitted measures

   (7)  This section does not prohibit the College from carrying out the following measures in respect of the applicant if the conditions set out in subsection (8) are met:

    1.  Refusing to issue a certificate of registration to the applicant or imposing terms, conditions or limitations on the applicant’s certificate of registration if, in the opinion of the Registration Committee, such action is necessary to protect the public interest as a result of complaints, or criminal, disciplinary or other proceedings, against the applicant in any jurisdiction whether in or outside Canada, relating to the applicant’s competency, conduct or character.

    2.  If the out-of-province certificate held by the applicant is subject to a term, condition or limitation,

            i.  imposing an equivalent term, condition or limitation on the certificate of registration to be issued to the applicant, or

           ii.  refusing to register the applicant, if the College does not impose an equivalent term, condition or limitation on the certificate of registration being applied for.

Conditions for subs. (7)

   (8)  The conditions referred to in subsection (7) are:

    1.  Subject to subsection (9), the measure carried out by the College with respect to applicants who hold an out-of-province certificate must be the same as, or substantially similar to but no more onerous than, the measure carried out by the College with respect to applicants who do not hold an out-of-province certificate.

    2.  The measure carried out by the College must not be a disguised restriction on labour mobility.

Costs

   (9)  The College shall ensure that any registration requirements it imposes on the applicant and any measures it carries out with respect to the applicant in connection with the registration of the applicant do not result in the imposition on the applicant of fees or other costs that are more onerous than those the College would impose if the applicant did not hold an out-of-province certificate, unless the difference in such fees or other costs reflects the actual cost differential to the College.

Expeditious registration

   (10)  The College shall ensure that its imposition of registration requirements on the applicant under subsections (3), (4) and (5) and its imposition of terms, conditions or limitations on the applicant’s certificate of registration under subsection (7) do not prevent the expeditious registration of the applicant.

Transition

   22.19  Sections 22.17 and 22.18 apply to,

  (a)  an application for registration made to the College on or after the day this section comes into force; and

  (b)  an application for registration made to the College before the day this section comes into force, if the application has not been finally decided before that day.

Occupational standards

   22.20  (1)  The College shall, to the extent possible and where practical,

  (a)  ensure that the process it follows in establishing or amending occupational standards for certificates of registration is conducive to labour mobility within Canada;

  (b)  take steps to reconcile differences between the occupational standards it has established for certificates of registration and occupational standards in effect with respect to the profession in the other provinces and territories of Canada that are parties to the Agreement on Internal Trade; and

   (c)  ensure that the occupational standards it establishes for certificates of registration are consistent with such common interprovincial or international occupational standards as may have been developed for the profession.

No limitation

   (2)  Subsection (1) does not limit the objects of the College under section 3 or the powers of the Council under section 95 to establish such occupational standards for the profession as it considers appropriate to protect the public.

Notice of proposed occupational standards

   22.21  If the College wishes to establish or amend occupational standards for a certificate of registration, it shall,

  (a)  give notice of the proposed new or amended standards to,

           (i)  the Minister,

          (ii)  the co-ordinating Minister under the Ontario Labour Mobility Act, 2009, and

         (iii)  the granting bodies and individuals referred to in clause (b) of the definition of “out-of-province certificate” in subsection 22.15 (1); and

  (b)  afford those granting bodies and individuals an opportunity to comment on the development of the new or amended standards.

Conflict

   22.22  (1)  If any of sections 22.16 to 22.21 conflicts with the health profession Act or a regulation or by-law made under the health profession Act or under this Code, sections 22.16 to 22.21 prevail to the extent of the conflict.

Same

   (2)  This conflict provision prevails over any other conflict provision in the health profession Act, even if the other conflict provision is enacted after this one, unless the other conflict provision refers expressly to sections 22.16 to 22.21 of this Code.

Regulations and by-laws to conform

   22.23  Within 12 months after the day this section comes into force or within such longer period as may be prescribed, the Council shall take such steps as are within its power to make, amend or revoke regulations and by-laws under this Code and under the health profession Act so that they conform with sections 22.16 to 22.21 of this Code.

Social Work and Social Service Work Act, 1998

   34.  (1)  Subsections 18 (1) and (2) of the Social Work and Social Service Work Act, 1998 are repealed and the following substituted:

Issuing or refusing to issue certificate of registration

Approval of application for registration

   (1)  The Registrar shall issue a certificate of registration for social work to an applicant if the applicant,

  (a)  applies for it in accordance with the regulations and the by-laws;

  (b)  meets the registration requirements prescribed by the regulations; and

   (c)  has paid the fees prescribed by the by-laws.

Same

   (2)  The Registrar shall issue a certificate of registration for social service work to an applicant if the applicant,

  (a)  applies for it in accordance with the regulations and the by-laws;

  (b)  meets the registration requirements prescribed by the regulations; and

   (c)  has paid the fees prescribed by the by-laws.

   (2)  Clause 18 (3) (b) of the Act is repealed and the following substituted:

  (b)  the applicant does not fulfil the requirements of this Act, the regulations or the by-laws for the issuance of the certificate.

   (3)  Paragraph 3 of subsection 36 (1) of the Act is repealed.

   (4)  Subsection 36 (1) of the Act is amended by adding the following paragraph:

  4.1  prescribing, in connection with requirements for the issue of certificates of registration, programs that are equivalent to the standard social work program required by the regulations and programs that are equivalent to the standard social service work program required by the regulations, or authorizing the Council, a committee of the College, the Registrar or any other body specified in the regulations to determine whether other programs are equivalent;

   (5)  Section 63 of the Act is repealed.

Trades Qualification and Apprenticeship Act

   35.  (1)  Section 17 of the Trades Qualification and Apprenticeship Act is amended by adding the following subsection:

To holder of equivalent Canadian document

   (3)  The Director shall, upon payment of the prescribed fee and without examination, issue a certificate of qualification for a certified trade to an applicant who is the holder of an equivalent document for the same trade issued in another province or territory of Canada, if,

  (a)  the document issued in the other province or territory is an authorizing certificate, within the meaning of the Ontario Labour Mobility Act, 2009, for the trade; or

  (b)  the other province or territory and the trade for which the document was issued in that province or territory are prescribed for the purpose of this clause.

   (2)  The Act is amended by adding the following section:

Regulations by Minister

   27.  The Minister may make regulations for the purpose of clause 17 (3) (b), prescribing one or more provinces or territories of Canada and, for each province or territory so prescribed, prescribing one or more trades that are practised in that province or territory.

Part VII
commencement and short title

Commencement

   36.  This Act comes into force on the day it receives Royal Assent.

Short title

   37.  The short title of this Act is the Ontario Labour Mobility Act, 2009.

 

table 1

 

Non-governmental regulatory authorities — Private Acts

Column 1

Column 2

Column 3

Item

Authorizing Statute

Ontario Regulatory Authority

1.

Association of Architectural Technologists of Ontario Act, 1996

Association of Architectural Technologists of Ontario

2.

Association of the Chemical Profession of Ontario Act, 1984

Association of the Chemical Profession of Ontario

3.

Association of Municipal Clerks and Treasurers of Ontario Act, 1985

Association of Municipal Clerks and Treasurers of Ontario

4.

Association of Ontario Road Superintendents Act, 1996

Association of Ontario Road Supervisors

5.

Association of Registered Graphic Designers of Ontario Act, 1996

The Association of Registered Graphic Designers of Ontario

6.

Association of Registered Interior Designers of Ontario Act, 1984

The Association of Registered Interior Designers of Ontario

7.

Association of Translators and Interpreters of Ontario Act, 1989

Association of Translators and Interpreters of Ontario

8.

Certified General Accountants Association of Ontario Act, 1983

The Certified General Accountants Association of Ontario

9.

Chartered Industrial Designers Act, 1984

Association of Chartered Industrial Designers of Ontario

10.

Chartered Institute of Marketing Management of Ontario Act, 1988

The Chartered Institute of Marketing Management of Ontario

11.

The Chartered Secretaries of Ontario Act, 1958

The Institute of Chartered Secretaries and Administrators in Ontario

12.

Human Resources Professionals Association of Ontario Act, 1990

Human Resources Professionals Association

13.

Institute of Management Consultants of Ontario Act, 1983

Institute of Certified Management Consultants of Ontario

14.

Institute of Municipal Assessors Act, 1987

Institute of Municipal Assessors

15.

Municipal Law Enforcement Officers’ Association (Ontario) Inc. Act, 1997

Municipal Law Enforcement Officers’ Association (Ontario) Inc.

16.

Ontario Association of Certified Engineering Technicians and Technologists Act, 1998

Ontario Association of Certified Engineering Technicians and Technologists

17.

Ontario Association of Home Inspectors Act, 1994

Ontario Association of Home Inspectors

18.

Ontario Association of Landscape Architects Act, 1984

The Ontario Association of Landscape Architects

19.

Ontario Association of Property Standards Officers Act, 1992

Ontario Association of Property Standards Officers

20.

Ontario Association of Veterinary Technicians Act, 1993

Ontario Association of Veterinary Technicians

21.

Ontario Building Officials Association Act, 1992

Ontario Building Officials Association

22.

Ontario Home Economics Association Act, 1989

Ontario Home Economics Association

23.

Ontario Institute of the Purchasing Management Association of Canada Inc. Act, 1987

Ontario Institute of the Purchasing Management Association of Canada Inc.

24.

Ontario Professional Planners Institute Act, 1994

Ontario Professional Planners Institute

25.

The Ontario Registered Music Teachers’ Association Act, 1946

The Ontario Registered Music Teachers’ Association

26.

Society of Management Accountants of Ontario Act, 1941

The Society of Management Accountants of Ontario

Non-governmental regulatory authorities — Public Acts

27.

Architects Act

Ontario Association of Architects

28.

The Chartered Accountants Act, 1956

The Institute of Chartered Accountants of Ontario

29.

Drugless Practitioners Act

The Board of Directors of Drugless Therapy

30.

Early Childhood Educators Act, 2007

College of Early Childhood Educators

31.

Funeral Directors and Establishments Act

Board of Funeral Services

32.

Law Society Act

The Law Society of Upper Canada

33.

Ontario College of Teachers Act, 1996

Ontario College of Teachers

34.

Professional Engineers Act

Association of Professional Engineers of Ontario

35.

Professional Foresters Act, 2000

Ontario Professional Foresters Association

36.

Professional Geoscientists Act, 2000

Association of Professional Geoscientists of Ontario

37.

Public Accounting Act, 2004

The Certified General Accountants Association of Ontario

38.

Public Accounting Act, 2004

The Institute of Chartered Accountants of Ontario

39.

Public Accounting Act, 2004

The Society of Management Accountants of Ontario

40.

Social Work and Social Service Work Act, 1998

Ontario College of Social Workers and Social Service Workers

41.

Surveyors Act

Association of Ontario Land Surveyors

42.

Veterinarians Act

College of Veterinarians of Ontario

municipal Governmental regulatory authorities — Public Acts 

43.

City of Toronto Act, 2006

City of Toronto (the municipal corporation)

44.

Municipal Act, 2001

Each municipality, as defined in the authorizing statute (the municipal corporation), other than the City of Toronto

provincial Governmental regulatory authorities — Public Acts

45.

Ambulance Act

Director of the Emergency Health Services Branch of the Ministry of Health and Long-Term Care

46.

Apprenticeship and Certification Act, 1998

Director of Apprenticeship appointed under the authorizing statute

47.

Building Code Act, 1992

Director, as defined in subsection 1 (1) of the authorizing statute

48.

Crown Forest Sustainability Act, 1994

Minister responsible for the administration of the authorizing statute

49.

Education Act

Minister of Education

50.

Electricity Act, 1998, Part VIII

The administrative authority designated under subsection 3 (2) of the Safety and Consumer Statutes Administration Act, 1996 or, if there is no designated administrative authority, the Minister responsible for the administration of the authorizing statute

51.

Environmental Protection Act

Director, as defined in subsection 1 (2) of the authorizing statute

52.

Motor Vehicle Dealers Act

The administrative authority designated under subsection 3 (2) of the Safety and Consumer Statutes Administration Act, 1996 or, if there is no designated administrative authority, the Minister responsible for the administration of the authorizing statute

53.

Nutrient Management Act, 2002

Director, as defined in section 2 of the authorizing statute

54.

Ontario Heritage Act

Minister of Culture

55.

Ontario Water Resources Act

Director, as defined in subsection 1 (1) of the authorizing statute

56.

Pesticides Act

Director, as defined in subsection 1 (2) of the authorizing statute

57.

Real Estate and Business Brokers Act, 2002

The administrative authority designated under subsection 3 (2) of the Safety and Consumer Statutes Administration Act, 1996 or, if there is no designated administrative authority, the Minister responsible for the administration of the authorizing statute

58.

Safe Drinking Water Act, 2002

Director, within the meaning of subsection 2 (2) of the authorizing statute

59.

Technical Standards and Safety Act, 2000

The administrative authority designated under subsection 3 (2) of the Safety and Consumer Statutes Administration Act, 1996 or, if there is no designated administrative authority, the Minister responsible for the administration of the authorizing statute

60.

Trades Qualification and Apprenticeship Act

Director of Apprenticeship appointed under the Apprenticeship and Certification Act, 1998

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 175 and does not form part of the law.  Bill 175 has been enacted as Chapter 24 of the Statutes of Ontario, 2009.

 

The Bill sets out a Labour Mobility Code (in Part II) that must be complied with by all Ontario regulatory authorities.  A regulatory authority is an individual or body that is authorized by law to grant authorizing certificates to individuals for one or more occupations.  An authorizing certificate is a document, regardless of its form or its name, that attests to an individual being qualified to practise an occupation and authorizes the individual to practise the occupation or use a title or designation relating to the occupation.  A document that attests to an individual being qualified to practise an occupation but does not authorize the practice of the occupation or the use of a title or designation relating to the occupation can also be an authorizing certificate if a regulation is made naming the occupation and the regulatory authority issuing the document.

The Ontario regulatory authorities to which the Labour Mobility Code applies are those listed in Column 3 of Table 1 at the end of the Bill.  They grant authorizing certificates under the statutes set out in Column 2 of Table 1.  Table 1 may be amended by regulation from time to time to add or remove Ontario regulatory authorities.  The Colleges of the health professions governed by the Regulated Health Professions Act, 1991 are not listed in Table 1, but are made subject to similar labour mobility rules through amendments made to the Regulated Health Professions Act, 1991 itself.

The Labour Mobility Code prohibits Ontario regulatory authorities from requiring individuals to reside in Ontario as a condition of certification, if the applicants reside in a province or territory that is a party to the Agreement on Internal Trade.  An Ontario regulatory authority that is a municipality is also prohibited from requiring individuals to reside within the geographic area of the municipality as a condition of eligibility for employment by the municipality, if the individuals reside in a province or territory that is a party to the Agreement on Internal Trade.

The Labour Mobility Code also provides that when an individual applies to an Ontario regulatory authority for an authorizing certificate for a regulated occupation and the individual already holds an authorizing certificate for the same occupation granted by an out-of-province regulatory authority, the Ontario regulatory authority shall not require the individual to have, undertake, obtain or undergo any material additional training, experience, examinations or assessments as a condition of certifying the individual in Ontario.  An occupation is defined as a set of jobs which, with some variation, are similar in their main tasks or duties or in the type of work performed.  A regulated occupation is an occupation for which an Ontario regulatory authority grants a specific authorizing certificate under an Act.  An out-of-province regulatory authority is a regulatory authority of any party to the Agreement on Internal Trade other than Ontario.

The Labour Mobility Code contains the following exceptions to the rule against imposing material additional training, experience, examinations or assessments.  (1) An Ontario regulatory authority is not prohibited from imposing on the applicant any requirement that is identified on the website of the Ministry of Training, Colleges and Universities as a permissible certification requirement for the regulated occupation adopted by the Government of Ontario under Article 708 of the Agreement on Internal Trade.  (2) An Ontario regulatory authority is not prohibited from requiring the applicant to demonstrate proficiency in English or in French if equivalent proficiency in the language was not a condition of certification of the applicant by the out-of-province regulatory authority.  (3) An Ontario regulatory authority is not prohibited from requiring the applicant to undertake, obtain or undergo material additional training, experience, examinations or assessments if the applicant has not practised the regulated occupation within a period of time fixed by the Ontario regulatory authority, before submitting his or her application for certification to the Ontario regulatory authority.

The Labour Mobility Code clarifies that it does not prohibit Ontario regulatory authorities from requiring that the applicant pay an application or processing fee; obtain malpractice or other insurance or similar protection; post a bond; undergo a criminal background check; provide evidence of good character; provide confirmation of good standing from every out-of-province regulatory authority by which the applicant is certified; demonstrate knowledge of matters applicable to the practice of the regulated occupation in Ontario; or meet any other requirement specified by the Ontario regulatory authority that does not involve material additional training, experience, examinations or assessments.

The Labour Mobility Code also clarifies that an Ontario regulatory authority may refuse to certify the applicant or may impose terms, conditions or limitations on the applicant’s authorizing certificate if, in its opinion, such action is necessary to protect the public interest as a result of complaints or criminal, disciplinary or other proceedings against the applicant in any jurisdiction relating to his or her competency, conduct or character.  In addition, if the authorizing certificate granted to the applicant by the out-of-province regulatory authority is subject to a term, condition or limitation, the Ontario regulatory authority may impose an equivalent term, condition or limitation on the authorizing certificate it grants to the applicant or, if the Ontario regulatory authority does not impose an equivalent term, condition or limitation on its authorizing certificate for that occupation, it may refuse to certify the applicant.

The right of Ontario regulatory authorities to impose the above requirements and measures on applicants who are already certified by an out-of-province regulatory authority is subject to the following conditions.  (1) The requirement or measure must not be a disguised restriction on labour mobility.  (2) The requirement or measure must not prevent the expeditious certification of the individual.  (3) Any requirement or measure imposed by the Ontario regulatory authority on applicants who are certified by an out-of-province regulatory authority must be the same as, or substantially similar to but no more onerous than, the requirement or measure imposed by the Ontario regulatory authority on applicants who are not certified by an out-of-province regulatory authority.  However, imposing a higher fee or other cost on applicants who are certified by an out-of-province regulatory authority is permitted if that reflects the actual cost differential to the Ontario regulatory authority.

The Labour Mobility Code applies to applications for certification made to an Ontario regulatory authority on or after the day the Bill comes into force and also to applications for certification made to an Ontario regulatory authority before the day the Bill comes into force if the application has not been finally decided before that day.

The Bill encourages Ontario regulatory authorities, when establishing occupational standards for an occupation, to make those standards consistent with such common interprovincial or international occupational standards as may have been developed for the occupation.  This does not prevent a regulatory authority from establishing occupational standards that it considers appropriate to protect the public if its authorizing statute permits it to do so.  In addition, every Ontario regulatory authority is required to notify its counterparts in the other provinces and territories of Canada of any new or amended occupational standards that it proposes to adopt and afford them an opportunity to comment on the development of those standards.

The Bill provides that the Labour Mobility Code prevails in the case of a conflict with an Ontario regulatory authority’s authorizing statute or an instrument of a legislative nature made under that statute.  Instruments of a legislative nature include but are not limited to regulations, by-laws, rules, directives, guidelines and orders of a legislative nature.  The Bill also requires every Ontario regulatory authority, other than a municipality, to take such steps as are within its power to amend the instruments of a legislative nature under its authorizing statute, if necessary, so that they conform with the Labour Mobility Code, within 12 months after the Bill comes into force.

Table 1 divides Ontario regulatory authorities into four categories: (1) non-governmental regulatory authorities operating under private Acts, (2) non-governmental regulatory authorities operating under public Acts, (3) municipal governmental regulatory authorities, and (4) provincial governmental regulatory authorities.  The reason for the categorization is that there are some differences in the enforcement mechanisms that the Bill provides for the different categories of regulatory authorities.

Every non-governmental regulatory authority will have a monitor.  The monitor for a non-governmental regulatory authority operating under a public Act is the Minister who is responsible for the administration of that Act or such other person as is designated by regulation.  The monitor for a non-governmental regulatory authority operating under a private Act is to be designated by regulation.  Monitors are authorized by the Bill to review the certification practices of their non-governmental regulatory authorities in order to assess their compliance with the Labour Mobility Code.  Monitors are also authorized to request their non-governmental regulatory authorities to do things that the monitor considers necessary or advisable for implementing, or carrying out the intent and purposes of, the Labour Mobility Code or a decision of a presiding body under the Agreement on Internal Trade.

If a non-governmental regulatory authority is requested by its monitor to take such steps as are within its power to amend an instrument of a legislative nature under its authorizing statute so that it conforms with the Labour Mobility Code, and the regulatory authority does not comply with the request, the Lieutenant Governor in Council is authorized to amend the instrument in question for the purpose of ensuring that it conforms with the Labour Mobility Code.

Administrative penalties may be imposed on non-governmental regulatory authorities that do not comply with any request by the monitor relating to the Labour Mobility Code or to a decision of a presiding body under the Agreement on Internal Trade.  The monitor is required to give the regulatory authority notice of the intent to issue an order imposing an administrative penalty and is required to afford the regulatory authority an opportunity to make written submissions with respect to the proposed order.  In addition, the regulatory authority has a right to require that the Minister of Training, Colleges and Universities or his or her designate review the order imposing the administrative penalty.

If the Crown in right of Ontario is ordered to pay a penalty or tariff costs under a final order made by a presiding body under the Agreement on Internal Trade, and the order is wholly or partially the result of non-compliance by a municipal governmental regulatory authority with the Labour Mobility Code, non-compliance by a non-governmental regulatory authority with the Labour Mobility Code despite a compliance request by the relevant Minister, or non-compliance by the College of a health profession with the labour mobility provisions added to Schedule 2 to the Regulated Health Professions Act, 1991despite a compliance request by the Minister of Health and Long-Term Care, the Minister of Training, Colleges and Universities may issue a payment order to the regulatory authority or the College, as the case may be, ordering it to pay to the Minister of Finance all or part of the amount paid by the Crown under the presiding body’s final order.  The regulatory authority or College has the right to appeal the payment order to the Superior Court of Justice on a question of law or fact or both.

The Bill also makes consequential amendments to various Acts to bring them in line with the requirements of the Labour Mobility Code.

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