Report on Implementation of the Labour Mobility Chapter of the Agreement on Internal Trade - July 2001
Background: Labour Mobility In Canada
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Issue
Every year, approximately 200,000 Canadians relocate to a different province or territory and look for work.
While many people encounter no difficulties, some—particularly those who work in regulated occupations—may find their qualifications are not accepted in their new jurisdiction. This occurs because licensing requirements vary across the country, and individuals sometimes find they cannot easily transfer their qualifications from one jurisdiction to another.
Even those whose qualifications are recognized may nevertheless face delays or extra costs in being licensed or certified. These delays, extra costs and lack of qualification recognition have the effect of restricting labour mobility.
Workers expect to be able to move freely and practice their occupation throughout the country, without being subjected to unnecessary reassessment processes and costs. They want to take advantage of opportunities for career advancement across Canada, without having to worry about a complex reassessment process. The ability of workers to move freely will also result in greater productivity for employers, who will face fewer delays in filling job openings and thus enjoy improved competitiveness.
"Labour mobility" refers to the ability of qualified workers to practice their occupation wherever opportunities exist.
History
The Agreement on Internal Trade (AIT), which came into effect in 1995, is intended to make it easier for people, goods and services to move across Canada. The purpose of Chapter 7 of the AIT—the Labour Mobility Chapter—is to enable any worker qualified for an occupation in one province or territory to be granted access to employment opportunities in that occupation in any other province or territory.
This is particularly significant to the approximately 15 to 20 percent of workers in Canada who work in regulated occupations and trades. It means qualifications of workers from one part of the country are to be recognized and accommodated in other parts of Canada, and differences in occupational standards are to be accommodated or reconciled. The goal is to see people registered and licensed based primarily on their competency to do the job.
Governments regulate certain occupations in order to ensure public protection, but not all jurisdictions regulate the same occupations. In addition, occupational standards may vary among jurisdictions. In signing the AIT, governments have agreed to examine these differences and to reconcile them to the greatest extent possible.
In February 1999, all federal, provincial and territorial governments except Quebec signed A Framework to Improve the Social Union for Canadians . This committed signatory governments to ensure compliance with all labour mobility provisions of the AIT by July 1, 2001. While Quebec was not bound by this deadline, it has maintained its commitment to honour the obligations under the AIT with the confidence that regulatory bodies under its jurisdiction would achieve compliance on a voluntary basis within a reasonable period of time. All governments and regulatory bodies have since been working diligently to achieve full compliance with the AIT provisions.
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Understanding Labour Mobility
Occupations
Governments have focused on 51 occupations in Canada that are regulated in two or more jurisdictions. People working in regulated occupations include, as examples, doctors, nurses, teachers, engineers and architects.
Most regulated occupations are governed by self-regulating, non-governmental bodies. In these instances, an organization or institution has been delegated authority through legislation by a provincial/territorial government to regulate its own occupation. For example, chartered accountants are governed in every province by a regulatory body that has been delegated authority.
Not all regulated occupations are overseen by regulatory bodies with delegated authority from their government. Certain occupations, such as teachers and paramedics, are regulated directly by governments in most provinces and territories. It is therefore up to these governments to ensure that barriers such as residency requirements as a condition of employment or certification are eliminated, and that workers are certified and licensed based primarily on their ability to do the job.
There are approximately 400 occupational regulatory bodies in Canada that must comply with the Labour Mobility Chapter of the AIT. For the most part, labour mobility will be improved as regulators in each jurisdiction complete their work to reconcile differences in occupational standards and agree to mutually recognize the qualifications of members from the other organizations.
When comparing standards, regulators must undertake an occupational analysis, which will examine scope of practice, generic and specific skills and entry requirements used to assess the competencies of a worker. Where jurisdictions use common assessment tools, such as a common exam, the job is made easier. Different methods of assessment may, however, be used to evaluate similar competencies and therefore be deemed equivalent for the purpose of licensing, certification or registration. Where a high level of commonality exists between occupational standards, organizations should mutually recognize workers who meet those standards. Where a low level of commonality exists, additional training or assessment may be required. Additional assessments may also be required to determine knowledge of jurisdiction-specific regulations, policies, etc.
The outcomes of processes used to recognize occupational qualifications and to reconcile occupational standards must be documented. While this could be achieved through the negotiation of a Mutual Recognition Agreement (MRA) or similar protocol, the AIT does not prescribe a particular method for organizations to confirm the equivalency of their occupational standards or the accommodation mechanisms they have developed to manage differences. Therefore, lack of an MRA is not evidence of lack of compliance with Chapter 7 obligations.
It should not be assumed that a jurisdiction that has not signed an MRA or similar protocol will not facilitate labour mobility for members of that particular occupation. (A non-signatory jurisdiction, for example, may continue to assess the qualifications of incoming workers. Whether or not this assessment is consistent with the obligations of the Chapter would remain to be determined.) Conversely, the establishment of an MRA or similar protocol may not lead to the removal of all mobility barriers. Terms and conditions within MRAs and protocols vary considerably and can be subject to interpretation. Therefore, it should be recognized that the existence of an MRA does not preclude the possibility of a dispute between signatory parties.
| An MRA is an agreement by regulatory bodies in two or more regulating jurisdictions that provides information on the extent to which the qualifications of workers in a given occupation generally conform to one another's occupational standard, and whether workers need undergo any additional assessment or training to become licensed in the new jurisdiction. In instances where occupational standards differ, the MRA describes how workers from each jurisdiction will be accommodated. |
"Occupational Standard" refers to the skills, knowledge and abilities required for an occupation, as determined by a recognized body.
Trades
Sixty-five trades are also regulated in some jurisdictions and require certification in those provinces/territories. Examples of trades that require certification/licensing in most jurisdictions include electricians, plumbers and automotive service technicians.
Governments introduced the Red Seal program in 1958 to facilitate mobility for tradespersons. The Labour Mobility chapter of the AIT endorses this program as the primary method of inter- provincial/territorial qualifications recognition. Efforts to comply with the Labour Mobility chapter have attempted to build on the success of the Red Seal program.
Workers in the 44 Red Seal trades can have their qualifications recognized across the country by completing an apprenticeship and passing an interprovincial (Red Seal) exam.
An individual who has completed the prescribed apprenticeship and passed the interprovincial exam will receive the Red Seal endorsement of the provincial/territorial certificate of qualification. This means he or she will be provided ready access, without further assessment or evaluation, to employment opportunities in all jurisdictions that participate in the Red Seal program for that trade. Tradespersons who have not completed an apprenticeship but have proven competency through years of practice may also challenge the exam and receive the Red Seal endorsement.
For trades requiring certification in only a few jurisdictions and not covered by the Red Seal, governments are working to ensure more consistent exam and apprenticeship requirements across Canada, or to reconcile differences in occupational standards. Governments have also introduced other accommodating measures to improve mobility for non-Red Seal certified tradespeople.
"Red Seal trades" are trades for which common interprovincial standards and exams have been established. All jurisdictions that participate in the Red Seal program for any trade accept the Red Seal endorsement as proof of competency to work in that particular trade.
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