Ontario Labour Mobility Act, 2009

Bills that amended this Act0

No published amendment links yet for this Act.

Sections105

• [s0]

  Part i interpretation

• 1.
• PART I INTERPRETATION
• 1Purposes

  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

• 2.
• 2Definitions

  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 occupatio…

• 3.
• 3Monitor 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 …

• 4.
• 4Repealed

  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

• 5.
• 5Crown bound

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

• 6.
• 6Commitment 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
• [s7]

  Part iI labour mobility Code

• 7.
• 7Labour 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

• 8.
• 8Ontario 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

• 9.
• 10.
• 9When 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, (a) have, undertake, obtain or undergo any material additional training, experience, examinations or assessments; or (b) meet such other requirements as may be prescribed. 2025, c. 3, Sched. 6, s. 1 (1). 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 req…

• 10Timely decisions, responses and reasons — individuals certified out-of-province

  10 (1) The timelines set out in this section apply 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, but do not apply with respect to applications for registration made to a regulated profession under the Fair Access to Regulated Professions and Compulsory Trades Act, 2006. 2025, c. 3, Sched. 6, s. 2. Acknowledgement of receipt (2) The Ontario regulatory authority shall, within 10 business days after receiving the application, provide a written acknowledgement of receipt of the application. 2025, c. 3, Sched. 6, s. 2. Same (3) The written acknowledgement of receipt shall include a statement as to whether the application includes everything required by the Ontario regulatory authority in respect of the application and any other prescribed informati…

• 11.
• 10 #12Timely decisions, responses and reasons — individuals certified out-of-province
• 10.1Deemed certification, individual certified out-of-province

  10.1 (1) Subject to the regulations, an individual who is already certified in a prescribed regulated occupation by an out-of-province regulatory authority is deemed to be certified in the regulated occupation in Ontario for a one-time six-month period, as provided for in subsections (2) to (4). 2025, c. 3, Sched. 6, s. 3; 2025, c. 11, Sched. 7, s. 3 (1). Six-month period (2) An individual is deemed to be certified in a regulated occupation in Ontario for six months, as determined in accordance with subsection (3), if the individual, (a) provides the Ontario regulatory authority that certifies individuals in the occupation with, (i) the individual’s authorizing certificate for the occupation from an out-of-province regulatory authority, and (ii) such other information as may be prescribed; and (b) meets such other requirements as may be prescribed. 2025, c. 3, Sched. 6, s. 3. Same (3) An…

• 12.
• 11Duty to publish

  11 Every Ontario regulatory authority shall publish, on a publicly accessible website maintained by the regulatory authority, (a) 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; and (b) such other information respecting applications for certification by individuals who are already certified in the same occupation by an out-of-province regulatory authority as may be prescribed. 2025, c. 3, Sched. 6, s. 4. Section Amendments with date in force (d/m/y) 2025, c. 3, Sched. 6, s. 4 - 01/07/2025

• 13.
• 12Occupational 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 Canadian Free Trade Agreement; 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 occupat…

• PART III CONFLICTS WITH LABOUR MOBILITY CODE
• [s15]
• 11 #15Duty to publish
• 13Notice 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. 2009, c. 24, s. 13.

• 14.
• [s16]

  Part iII conflicts with labour mobility code

• 15.
• 14Conflict

  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. 2009, c. 24, s. 14 (1). 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. 2009, c. 24, s. 14 (2).

• PART IV ENFORCEMENT
• [s18]
• 15Regulations, 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. 2009, c. 24, s. 15.

• [s19]

  Part iV enforcement

• 16.
• [s20]

  Reviews and Requests

• [s21]
• 16Reviews 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 Canadian Free Trade Agreemen…

• 17.
• [s22]

  Reports

• [s23]
• 16.1Reports

  16.1 An Ontario regulatory authority shall report, in accordance with the regulations, on matters respecting labour mobility to the co-ordinating Minister and, if another person or entity is prescribed, to that person or entity. 2025, c. 3, Sched. 6, s. 5. Section Amendments with date in force (d/m/y) 2025, c. 3, Sched. 6, s. 5 - 01/07/2025

• 18.
• [s24]

  Amending, etc., Ontario Regulatory Authority’s Instruments

• 19.
• 17Power 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-app…

• 20.
• [s26]

  Administrative Penalties

• [s27]
• 18Order 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) or section 16.1, 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. 2009, c. 24, s. 18 (1); 2025, c. 3, Sched. 6, s. 6 (1). 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) or with the reporting requirements of section 16.1. 2009, c. 24, s. 18 (2); 2025, c. 3, Sched. 6, s. 6 (2). 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 …

• 21.
• [s28]
• 19Enforcement 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. 2009, c. 24, s. 19 (1). 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. 2009, c. 24, s. 19 (2).

• 22.
• 20Debt 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. 2009, c. 24, s. 20.

• 23.
• [s30]

  Offence

• 24.
• 20.1Offence

  20.1 Every person who makes a representation, knowing it to be false, for the purpose of meeting a requirement set out in subsection 10.1 (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence. 2025, c. 3, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2025, c. 3, Sched. 6, s. 7 - 01/01/2026

• PART V REGULATIONS
• [s32]

  Recovery of Amounts Paid under Canadian Free Trade Agreement

• 25.
• 21Right 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 Canadian Free Trade Agreement, 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. 2009, c. 24, s. 21 (1); 2017, c. 34, Sched. 32, s. 2. Payment order (2) Where the C…

• 26.
• [s34]
• 22Appeal 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. 2009, c. 24, s. 22 (1). Co-ordinating Minister is party (2) The co-ordinating Minister is a party to every appeal under this section. 2009, c. 24, s. 22 (2). 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-ordinatin…

• 27.
• 23Enforcement 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. 2009, c. 24, s. 23 (1). 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. 2009, c. 24, s. 23 (2).

• PART VI (OMITTED)
• [s36]
• 24Debt 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. 2009, c. 24, s. 24.

• 28., 29.
• [s37]

  Part V regulations

• 30., 31.
• 25Regulations 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; (a.1) governing the deemed certification of individuals already certified in a regulated occupation by an out-of-province regulatory authority for the purposes of section 10.1, including, (i) prescribing regulated occupations, (ii) prescribing information that must be provided, (iii) prescribing requirements that must be met, (iv) governing notices of receipt for the purposes of subsection 10.1 (3); (v) governing the rules that apply in respect of the deemed certification of individuals under subsection 10.1 (4), including modifying those rules, providing for exceptions to those rules or establishing new rules; (a.2) governing reports for the purposes of section 16.1; (b) governing the administrative pena…

• 32.-35.
• [s39]
• 26Regulations 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 regu…

• PART VII (OMITTED)
• [s40]
• 27Regulations 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. 2009, c. 24, s. 27.

• 36.
• [s41]

  PART VI IMMUNITY

• 37.
• [s42]
• 27.1Extinguishment of causes of action

  27.1 (1) No cause of action arises against the Crown or an Ontario regulatory authority or any current or former member of the Executive Council or employee, officer or agent of or advisor to the Crown or employee, officer, agent or director of or advisor to an Ontario regulatory authority as a direct or indirect result of, (a) the enactment, amendment or repeal of any provision of this Act; (b) the making, amendment or revocation of any provision of a regulation, order in council, payment order, order, notice or other instrument under this Act, including any regulation or order in council made under subsection 17 (1); or (c) anything done or not done in accordance with this Act, or a regulation, order in council, payment order, order, notice or other instrument under this Act, including any regulation or order in council made under subsection 17 (1). 2025, c. 3, Sched. 6, s. 9. No remed…

• [s43]
• 28., 29

  28., 29 Omitted (amends, repeals or revokes other legislation). 2009, c. 24, ss. 28, 29.

• 30., 31

  30., 31 Omitted (provides for amendments to this Act). 2009, c. 24, ss. 30, 31.

• 32

  32.-35 Omitted (amends, repeals or revokes other legislation). 2009, c. 24, ss. 32-35.

• [s46]

  part viI (omitted)

• 36

  36 Omitted (provides for coming into force of provisions of this Act). 2009, c. 24, s. 36.

• [s48]
• 37

  37 Omitted (enacts short title of this Act). 2009, c. 24, s. 37.

• [s49]

  table 1 Non-governmental regulatory authorities — Private Acts Column 1 Item Column 2 Authorizing Statute Column 3 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 Interp…

• [s51]