Labour Mobility in Canada The Manitoba Experience

1. Labour Mobility in Canada The Manitoba Experience International Legislators Forum June 26, 2014

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. Certification: Non-MaterialRequirements 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

9. 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

10. 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

11. Exceptions to Labour Mobility: Criteria 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. Implementation Challenges Challenges 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)

19. Contact InformationMona PandeyManager Labour Market Information UnitManitoba Jobs and the Economy945-3684 or Mona.Pandey@gov.mb.ca For more information: Labour Mobility (Manitoba) www.gov.mb.ca/tce/lmi/labourmobility/Agreement on Internal Trade (National)www.ait-aci.ca