Additional Requirements to Achieve a Legitimate Objective for Labour Mobility

The Canadian Free Trade Agreement (CFTA) entered into effect on July 1, 2017, replacing the Agreement on Internal Trade (AIT).

The CFTA incorporates all AIT elements that allow any worker certified in one province or territory to, upon application, be certified for that same occupation in another province or territory without having to undergo material additional training, experience, examination or assessment of qualifications.

If you have any questions regarding the labour mobility provisions under the CFTA, contact your Labour Mobility Coordinator.

However, a government may approve and publicly post an additional material requirement for labour mobility applicants to a specific occupation. The purpose of the additional requirement must be to achieve a legitimate objective for labour mobility, such as public safety or consumer protection.

Typically, the government seeking to impose the additional requirement must identify significant differences in education, training or experience that would lead to a material gap in skills, knowledge, or ability.

It must also clearly identify the provinces and territories whose workers are affected by the requirements. These additional requirements will close the gap and allow workers to operate competently and safely in their receiving province or territory.

All additional requirements that are imposed to achieve a legitimate objective must be approved by a government and be publicly posted on this website.

The additional requirements to achieve a legitimate objective for labour mobility must be based on at least one of the following objectives:

• 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 its geographic regions; and
• programs for underserved groups.

Additional requirements imposed to achieve a legitimate objective must be approved by a government. Each government has its own internal process and criteria for approving these additional requirements; however, Chapter Seven of the CFTA requires that governments:

• Provide clear evidence of a material difference in the scope of practice for an occupation between provinces and territories, which results in an actual material deficiency in skills, knowledge or ability of a worker to practice the occupation in the other province or territory; and
• Support transparency by informing the public about the additional requirements implemented by a province or a territory.

Very few occupations have additional requirements based on legitimate objectives, considering the overall number of regulated occupations in Canada. Provincial and territorial governments collaborate to improve labour mobility in regulated occupations and regularly review existing additional requirements to ensure they are current and necessary.