Ontario eases labour mobility and access to inter-provincial workforces

As of January 1, 2026, it is easier for skilled workers to begin working in Ontario if they are certified to practice a regulated profession elsewhere in Canada. Amendments under the Labour Mobility Act (the Act) and its Deemed Certification Regulation (the Regulation)¹ allow skilled workers to begin working in Ontario within 10 business days of submitting an application for deemed certification.

Affected workers

The Regulation applies to more than 50 Ontarian regulatory bodies (Regulators) and over 300 certifications including engineers and architects.² One such body, Skilled Trades Ontario, regulates over 140 skilled trades, including electricians, plumbers, automotive technicians and trades requiring a Red Seal.

The Ontario government is also planning to ease labour mobility rules for out-of-province workers in 16 additional health professions through amendments to the Medicine Act and the Nursing Act.

New certification rules

Before practicing in regulated occupations, Ontario workers must apply to a Regulator for "certification." Previously, there was a lengthy process by which out-of-province skilled workers could apply to Ontario Regulators to have their credentials recognized. The amendments to the Act and the Regulation have expedited this certification process.

In particular:

• There is a new "as of right" process of deemed certification allowing out-of-province skilled workers to work temporarily while their full certification for Ontario is determined.
• Regulators are now prohibited from requiring additional "material" training, Ontario experience, examinations or assessments as a condition of full certification if an applicant is certified in another Canadian jurisdiction.
  
  This prohibition is subject to narrow exceptions, allowing for conditions such as background checks; proof of liability insurance; language proficiency in English or French; etc. Regulators may still require training and examinations for full certification, so long as they are "non-material."

• Regulators may require applicants to attest that their out-of-province credentials are in good standing, they have not been refused certification for two years, and they are not subject to any misconduct proceedings.
• Any permissible conditions on applications from out-of-province skilled workers must be publicly posted on a Regulator's website.
• Regulators must make a full certification decision, with reasons, within 30 calendar days after receipt of a complete application, subject to internal review or appeal decisions.

Deemed certification "as of right"

Under the "as of right" deemed certification process, an out-of-province worker can submit an application to an Ontario Regulator by providing proof of occupational certification from an out-of-province regulatory body, along with any additional information required by the Regulator.

A Regulator must provide a "notice of receipt" to applicants within 10 business days. Once applicants obtain the notice of receipt they will be deemed certified to practice their occupations in Ontario for a one-time, six-month period. During this deemed certification period an applicant will be treated as certified in the regulated occupation and will be subject to all rights, benefits, and obligations of individuals fully certified to practice the occupation in Ontario.

Deemed certification expires at the earlier of six months after the notice of receipt, or:

1. The applicant is granted full certification by the regulatory authority.
2. The applicant is denied full certification by the regulatory authority, and the individual's right to an internal review or appeal decision has been exhausted.
3. The information/attestations required by the Regulator for deemed certification are determined to be inaccurate or no longer accurate.

The broader Canadian labour mobility landscape

Other provinces have also implemented rules to expedite timelines for certification decisions. For example, Alberta, Saskatchewan and Manitoba have rules requiring regulators to make certification decisions for labour mobility applicants within 20 to 30 days of receiving the necessary application information, subject to any extensions or appeals.

Further reciprocal changes in other provinces' labour mobility legislation may be on the horizon. Ontario has entered into memoranda of understanding (MOUs) with 10 provinces and territories to promote reciprocity in labour mobility and recognition of certification through legislation.

Ontario's new "as of right" system is more expedient than labour mobility rules in other provinces because it allows workers to begin working while waiting for a decision on full certification. As such, a decision on full certification is not a prerequisite for out-of-province applicants to begin working once they have been deemed certified.

Leveraging labour mobility

Ontario's expedited labour mobility system is welcome news for employers seeking skilled workers in regulated professions. When bringing such workers to Ontario, employers should consider:

• Accelerated onboarding: An employer's onboarding process should anticipate that workers will be expected to "hit the ground running." Skilled workers will be entitled to work within days of applying to a Regulator.
• Unique contract issues: As deemed certification is a temporary status, employment contracts should anticipate the possibility that a worker will not be granted full certification. Full certification should be an essential condition of continued employment if the employee is expected to work in Ontario beyond six months.
• Compliance with Ontario workplace laws: While the requirements for "as of right" deemed certification may be minimal, other Ontario workplace laws may differ from the jurisdictions in which skilled workers were originally certified in their occupations.
  
  Employers should review existing employment contracts or candidate expectations for compliance with Ontario's Employment Standards Act, 2000. Likewise, employers must ensure out-of-province workers receiving any training required by statute (e.g. basic occupational health and safety awareness training required by Ontario's Occupational Health and Safety Act).

If your organization plans to leverage the "as-of-right" pathway for out-of-province candidates, and comply with any additional statutory obligations, our employment and labour team can assist you.

The author would like to thank Fayha Najeeb, articling student, for her contribution to preparing this legal update.

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