Regulatory Authorities Frequently Asked Questions

Labour mobility allows certified workers, such as electricians, teachers and accountants, to practice their regulated occupation anywhere they can find job opportunities in Canada.

Consistent with the Canadian Free Trade Agreement (CFTA), certified workers in one province or territory must generally, upon application, be certified in another province or territory without any requirement for additional material training, experience, examination, or assessment of qualifications. In some cases, additional material requirements for specific occupations have been approved by a government and publicly posted.

A government may only approve and post an additional material requirement for labour mobility applicants if the purpose of the requirement is to achieve a legitimate objective for labour mobility, such as public safety or consumer protection.  The government seeking to impose the additional requirement must identify significant differences in education, training, or experience that would lead to a recognized 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.

Article 707 of the CFTA allows governments to approve additional material labour mobility requirements for an occupation when:

• The purpose is to achieve a legitimate objective (such as public safety or, consumer protection);
• the requirement is not more restrictive than necessary to achieve that legitimate objective; and
• the requirement does not create a disguised restriction to labour mobility.

All provincial and territorial governments are committed to providing transparent and clear information to explain any additional material requirements adopted under Article 707 of the CFTA.

All certified workers in regulated occupations are covered under the Labour Mobility provisions of the CFTA. Certified workers may also be referred to as regulated, registered or licensed workers. The fundamental obligation to recognize the qualifications of certified workers applies to all regulated occupations, including both Red Seal and non-Red Seal trades. The CFTA Labour Mobility provisions do not cover workers who are not certified (i.e. apprentices, interns articling or student categories) nor does it cover non regulated occupations, but there are other mobility opportunities provided under other agreements.a

All certified workers in regulated occupations are covered under the CFTA’s labour mobility provisions, including Red Seal and non-Red Seal tradespeople. Certified workers may also be referred to as regulated, registered, or licensed workers.

Labour mobility under the CFTA does not cover workers who are not yet certified or are in the process of becoming certified. Examples include apprentices, interns, articling students, or other similar categories.

Labour mobility under the CFTA also does not cover non-regulated occupations (e.g., actors, university lecturers, etc).

A labour mobility applicant is a worker certified in a regulated occupation in one province/territory requesting certification by a regulatory authority for that same regulated occupation in another province/territory.

No, a worker does not need to be a resident of a province or territory to be certified there. Certification cannot be denied based on residency.

The CFTA specifies that regulatory authorities must recognize the certification of workers certified in the same regulated occupation in other provinces and territories. The principle of “certificate-to-certificate” recognition states that any worker certified for an occupation in one jurisdiction must be, upon application, certified for that occupation in another jurisdiction without additional material training, experience, examinations or assessments in most cases.

Regulatory authorities may impose certain requirements on a worker certified in another province or territory as a condition of certification. Examples of these requirements include:

• Paying an application fee or processing fee;
• Obtaining insurance, malpractice coverage or similar protection as may be appropriate;
• Posting bonds;
• Providing evidence of good character;
• Providing evidence that their current certification is in good standing;
• Undergoing a criminal background check;
• Demonstrating proficiency in either English or French, if they did not already meet an equivalent requirement in order to be certified in their province/territory of origin; and
• Demonstrating knowledge of the measures maintained by the receiving province or territory applicable to the practice of the occupation (e.g., jurisprudence exam).

The Best Practice Checklist for Certifying Labour Mobility Applicants  was developed as a guide to assist regulatory authorities in better understanding what they can ask of labour mobility applicants.

Under Article 707 (Legitimate Objectives for Labour Mobility) of the CFTA, additional material requirements for out-of-province/territory certified workers seeking licensure in a particular occupation can be adopted by a government. Typically, these additional requirements are imposed on certified workers when occupational standards differ significantly between jurisdictions, resulting in recognized gaps in skill, knowledge or ability to perform the occupation’s activities competently and safely.

Regulatory authorities must coordinate with their respective governments to have additional requirements adopted under Article 707. When a provincial or territorial government seeks to impose additional requirements for labour mobility, it must clearly show that they are needed to close the identified and significant gaps in a worker’s skills, knowledge, or abilities.

To adopt additional requirements under Article 707, a government must identify all of the following:

• Legitimate objective(s) as the basis for imposing the additional requirements (e.g., public security and safety, consumer protection, etc.);
• The nature of the additional requirement(s) (for example, additional training or exams);
• The provinces and/or territories whose workers are affected; and
• The rationale for the additional requirements.

Once the additional requirements are internally approved by a provincial or territorial government, they must be communicated to the Forum of Labour Market Ministers and publicly posted here.

Each government has a different process for approving additional labour mobility requirements under Article 707.

Specific regulatory authorities or government ministries/departments that want to impose additional requirements on labour mobility applicants to their jurisdiction should contact the appropriate provincial/territorial Labour Mobility Coordinator to discuss the process.

The CFTA outlines the formal steps for resolving disagreements between jurisdictions. Dispute resolution begins with consultations and, if these do not resolve the matter, there is an option for a panel to make a ruling on the case. This applies to both government-to-government disputes and person-to-government disputes. Dispute resolution proceedings are generally only initiated when other avenues have been exhausted, such as a worker going through a regulatory authority’s appeal process.

To date, there have been two panel rulings on labour mobility that have clarified the interpretation of labour mobility obligations:

• Panel Concerning the Dispute Between Mr. X, a Private Person from Quebec, and Ontario Regarding a Crane Operator Certification
• Panel Regarding the Dispute between Manitoba and Ontario Concerning Ontario’s Notice of Measure with respect to Public Accountants

These rulings re-affirm the strength of labour mobility provisions: that labour mobility rights of workers are paramount, and additional material requirements can only be imposed under Article 707 of the CFTA when they are justified as necessary to meet a legitimate objective (as defined under the agreement).

The first step in resolving a labour mobility complaint is to contact the Labour Mobility Coordinator in the province/territory where you are certified. The objective is to ensure disputes are resolved in a conciliatory, cooperative, and harmonious manner. If dispute resolution proceedings are initiated, the CFTA requires that the disputants engage in consultations prior to requesting that a panel rule on the matter.

Under the CFTA, when a worker has conditions, limitations or restrictions on their licence and applies for certification in another jurisdiction, a regulatory authority may certify the worker with equivalent conditions, limitations, or restrictions.

If the regulatory authority does not have a provision for issuing an equivalent conditional, limited or restricted licence, they may refuse to certify the worker.

No. A receiving regulatory authority cannot require a certified worker moving within Canada to meet its professional development requirements upon initial application for certification.

For example, if province A has mandatory professional development requirements and province B does not, a regulatory authority in province A must recognize the certificate of a worker moving from province B without requiring the worker to meet its continuing education/professional development requirements.

However, once certified in another jurisdiction, a worker is expected to meet that jurisdiction’s upgrading and professional development requirements.

No. Under the CFTA, labour mobility applies to all workers certified in a province or territory regardless of where they were trained or educated. Once internationally trained/educated workers are certified in Canada, their qualifications must be recognized throughout the country. Once certified in Canada, these workers must not be treated differently than domestically trained workers and they do not need to complete additional material training, experience, examinations, or assessments as part of their certification.  In some cases, additional material requirements for all certified workers in an occupation coming from a particular province or territory have been approved by a government and publicly posted on this website.

Yes. For mandatory/compulsory trades, an individual will need appropriate certification to practice their trade. In some provinces or territories, tradespeople with a certificate are required to register and/or be certified with the province/territory where they would like to work before they can work in a compulsory/mandatory trade.

In other provinces or territories, the regulatory authority allows tradespeople with a valid certificate from their home jurisdiction to work without having to obtain certification in its province or territory. Tradespeople apply directly to the employer to work in a compulsory/mandatory trade.

If you have questions about how a trade certificate will be recognized in a province/territory please contact the regulatory authority in that province/territory. If you have additional questions, please contact the Labour Mobility Coordinator in your province/territory.

No. The CFTA only applies to certified workers. Once apprentices earn their trade certificate (e.g., Certificate of Qualification) and become certified, the CFTA’s labour mobility provisions apply. For more information about apprenticeship mobility please see the Provincial-Territorial Apprentice Mobility Protocol.

No. The CFTA’s labour mobility provisions allow regulatory authorities to set necessary occupational standards as they see appropriate. Regulatory authorities establish standards to ensure, for example, public safety, consumer protection, and a profession’s integrity.

Provinces and territories adopt occupational standards that ensure the public’s protection at a level they consider appropriate. Under the CFTA’s labour mobility provisions, however, provinces and territories also agree to:

• Reconcile differences in occupational standards to the extent possible and where practical;
• Adopt occupational standards based on common interprovincial standards, to the extent possible and where practical; and
• Notify each other of proposed changes to occupation standards to avoid labour mobility barriers that may result from the

Provinces and territories should be informed when new occupational standards are being developed, changed, or removed in another province or territory. Regulatory authorities are asked to inform their Labour Mobility Coordinator who  will then notify other provincial and territorial governments of potential changes to legislation, the scope of practice, categories of certification/licensure, and/or entry to practice requirements. Other jurisdictions have a chance to comment on the changes, reducing the likelihood that new, unnecessary barriers to labour mobility could be introduced.

Notifications should be circulated as early as possible and when changes are still in development. This gives other provinces and territories time and opportunity to comment on the development of the standards. Best practice is to provide Labour Mobility Coordinators with one month to circulate the notification, review proposed changes, and provide comments.

Each government has its own internal process for notification. Please contact your Labour Mobility Coordinator to learn about the notification process in your jurisdiction.