Labour Mobility in Canada The Manitoba Experience

Labour Mobility in Canada The Manitoba Experience

International Legislators ForumJune 26, 2014

Presentation Overview

Agreement of Internal Trade Labour Mobility Chapter of AIT (Chapter 7) Coverage of Chapter 7 Principles of Certification Occupational Standards and Exceptions to Labour

Mobility Dispute Resolution Implementation Labour Mobility in Manitoba Successes and Challenges of Implementation 2

Agreement on Internal Trade (AIT)

An interprovincial trade agreement signed by all Premiers of provinces and the Prime Minister; entered into force July 1, 1995

Resolves to eliminate barriers to the free movement of persons, goods, services and investments within Canada

Resolves to establish an open, efficient and stable domestic market

Chapter 7 - labour mobility for workers in regulated occupations

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Chapter 7: Labour Mobility

To eliminate/reduce measures that restrict labour mobility in Canada

To enable any worker certified for an occupation (profession or trade) in one province or territory (P/T) to be certified for that occupation by all other P/Ts

Relied on “Mutual Recognition Agreements”

Initially, governments did not set a deadline for compliance on labour mobility - allowed a “reasonable period of time”

Much activity and progress, but some challenging issues remained unresolved 4

Chapter 7: 2009 Amendment

Calls for “full mobility” for certified workers within Canada

Opportunity to be clearer on expected outcomes and ensure transparency regarding recognition of certification

Some Chapter commitments needed clarification and more precision

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Chapter 7: Extent of Obligations, Coverage and Relationship with Other Agreements

Obligations apply to all regulated occupations

Governments to ensure compliance by governmental and non-governmental bodies that exercise authority delegated by law (self-regulating organizations including engineers and architects)

In case of inconsistency between Chapter 7 and another agreement between P/Ts, the provision that is more conducive to labour mobility prevails

Chapter 7 applies to measures adopted by P/Ts on: residency requirements for workers as a condition for certification; other certification requirements to practice an occupation; and, occupation standards No residency requirements as a condition for certification or

employment

Principles for Certification

Any worker who is certified in one jurisdiction is to be certified in any other jurisdiction without any additional training, examinations, assessments or experience requirements (material requirements)Conditions must be non-discriminatory

Conditions must be published on a website

Implementation of Conditions must result in expeditious certification

Implementation of conditions shall not impose unnecessary additional fees

Conditions must not create a disguised restriction on labour mobility

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Certification: Non-Material Requirements

Regulatory authorities may impose certain ‘non-material’ requirements:

Pay application or processing fee

Obtain insurance, malpractice coverage etc

Post a bond

Undergo criminal background check

Provide evidence of good character

Demonstrate jurisprudence and/or local knowledge

Provide evidence of good standing from P/T where currently certified

*** Provided the requirement is no more onerous than that imposed on a P/Ts own workers and it is not a disguised barrier 8

Certification: Grounds for Restrictions

In the following circumstances, a P/T may impose certification restrictions, limitations or conditions or refuse to certify a worker

Complaints, Disciplinary or Criminal ProceedingsRefuse to certify or impose terms/conditions/restrictions on ability to practice

Non-PracticeImpose conditions - training/exam/assessment/experience

Language Proficiency (English/French)Require a worker to demonstrate proficiency where no equivalent demonstration was already required

Limited, Restricted or Conditional CertificatesAssess and apply an equivalent practice restriction/limitation/condition as currently imposed on a worker or refuse to certify if no equivalent practice restriction/limitation/condition exists

*** Provided the requirement is no more onerous than that imposed on a P/Ts own workers and it is not a disguised barrier

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Occupational Standards

P/Ts maintain the right to adopt/maintain standards to ensure public protection, however, P/Ts agree to:

To take steps to reconcile differences in occupational standards where possible and practical

Adopt occupational standards based on common interprovincial standards

To establish transparent notification practices (changed/new standards) in order to avoid the creation of new barriers

If a significant variation in standards exists within an occupation between P/Ts, a government may declare an exception to labour mobility and impose additional certification requirements

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To declare an exception, P/Ts need to clearly demonstrate that:

A legitimate objective exists public security and safety public order protection of human, animal or plant life or health protection of the environment consumer protection protection of the health, safety and well-being of workers provision of adequate social and health services to all geographic

regions programs for disadvantaged workers

It is not more restrictive than necessary

It does not create a disguised restriction to labour mobility

Exceptions to Labour Mobility: Criteria

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Exceptions to Labour Mobility: Process

Justification of an exception

All exceptions must be justified

Clear demonstration that the difference results in a significant deficiency in skill, area of knowledge, or ability required to practice the occupation

National Process for maintaining an exception

For every occupation it regulates, a P/T must determine whether an exception is necessary

An exception must be approved by the government maintaining it - approval process varies from government to government

If a government approves an exception, it must forward the justification to the Forum of Labour Market Ministers (FLMM) for public posting 12

Manitoba: Exceptions to Labour Mobility

In Manitoba over 200 regulated occupations have been identified

To date, the Government of Manitoba has approved the justification for 3 exceptions to full labour mobility: Lawyer - to address common law vs. civil law differences

Licensed Practical Nurse - to address skill requirements in physical assessment and medication administration/infusion therapy

Midwife - to address skills requirements in prescribing antibiotics and contraceptives, infant intubation and umbilical catheterization

The list of approved exceptions to full labour mobility is a “living list” - Requests or additional information can be submitted at any time

Paths to certification exist for occupations with exceptions to labour mobility

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Dispute Resolution The general dispute resolution provisions of the AIT

apply to Chapter 7 provisions on labour mobility

Initiated after exhausting all other options – emphasis on resolving issues through consultations

Uses independent panels to determine if in compliance

Two disputes on labour mobility have gone to a panel since 2009

The panel rulings reaffirmed that labour mobility rights of certified workers are paramount and that “certificate to certificate” recognition is the dominant principle of Chapter 7

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Responsibility for Implementation

Forum of Labour Market Ministers (FLMM) Oversee the implementation and compliance with labour mobility

provisions Assess the effectiveness of Chapter 7 and make

recommendations to address concerns

Labour Mobility Coordinating Group (LMCG) Permanent standing committee established by the FLMM

comprising officials from federal, provincial and territorial governments

Members serve as Labour Mobility Coordinators and are responsible for implementation within their own jurisdiction

The LMCG undertakes activities to ensure Chapter 7 obligations are met, address any issues that may arise and promotes further labour mobility across Canada

LMCG’s website provides up-to-date information to regulators, employers, workers and the public: http://www.flmm-lmcg.org

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Manitoba: Meeting Labour Mobility Obligations

First Province to pass labour mobility legislation The Labour Mobility Act (C.C.S.M. c. L5) came into effect in

Manitoba on June 11, 2009

The Act underlines Manitoba’s commitment to full labour mobility in Canada and ensures that all Manitoba regulatory authorities meet the obligations of Chapter 7 of the AIT

Provincial representatives work with regulators, stakeholders and other P/Ts

Regularly meet with interested stakeholder including regulators to discuss and implement labour mobility obligations

Worked with regulators to identify and approve labour mobility exceptions; continue to review exceptions

Supporting Chapter 7 implementation requires on-going work

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Labour Mobility Successes

Significant progress has been accomplished as regulators and governments work together to solve labour mobility issues

Enhanced trust and increased recognition Increased Clarity in the Exceptions Process

Partnerships are key to maintaining momentum

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Implementation ChallengesChallenges remain as regulatory systems continue to present a complex changing environment Challenge with explaining that labour mobility is a “two-way

street” Lack of awareness of the AIT and Chapter 7 among some

stakeholders and the public in general Significant variations in standards across jurisdictions – in

occupations where a number of jurisdictions have posted exceptions, need work to harmonize standards

Each occupation is unique Not all occupations are regulated in all jurisdictions Differing capacities of regulators Differences in interpretation/understanding of Chapter provisions Inconsistent application of exceptions Emerging issues such as unintended adverse consequences will

need to be monitored closely (ex: province hopping)

Contact Information

Mona PandeyManager Labour Market Information Unit

Manitoba Jobs and the Economy945-3684 or [email protected]

For more information:

Labour Mobility (Manitoba) www.gov.mb.ca/tce/lmi/labourmobility/

Agreement on Internal Trade (National) www.ait-aci.ca19