Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
Short title
1. This
Act may be cited as the Labour Mobility Implementation
Act.
Definitions
2. In
this Act
(a) "agreement" means the Agreement on
Internal Trade, signed in 1994 by the governments of Canada,
the provinces, Yukon and the Northwest
Territories and includes amendments
to the agreement;
(b) "applicable provincial regulator",
in relation to an occupation, means the regulatory authority that is authorized
to issue certification in the province in relation to that occupation;
(c) "approved measure" means a measure
approved under section 3;
(d) "Canadian jurisdiction" means a
jurisdiction the government of which is a party to the agreement;
(e) "certification", in relation to a
worker, means a certificate, licence, registration or other form of official
recognition issued to the worker by a regulatory authority of a Canadian
jurisdiction that attests the worker is qualified and authorized to do one or
both of the following:
(i) practise a particular occupation in the
Canadian jurisdiction, and
(ii) use in the Canadian jurisdiction a particular
occupational title, designation or abbreviated title or designation;
(f) "extraprovincial
occupation" means an occupation in relation to which a worker holds a
certification in a Canadian jurisdiction other than this province;
(g) "measure"
includes an Act, a regulation, directive, requirement, guideline, program,
policy, an administrative practice or procedure;
(h) "minister"
means the minister appointed under the Executive
Council Act to administer this Act;
(i) "occupation"
means a set of jobs that, with some variation, are similar in their main tasks
or duties or in the type of work performed;
(j) "occupational
standard" means the skills, knowledge and abilities required for an
occupation as established by a regulatory authority of a Canadian jurisdiction
and against which the qualifications of an individual in that occupation are assessed;
(k) "provincial equivalent
occupation", in relation to an extraprovincial occupation, means an
occupation in this province that consists of a set of jobs that is the same as
or is substantially similar to the set of jobs that constitutes the extraprovincial
occupation;
(l) "regulatory authority", in relation
to the province or another Canadian jurisdiction, means a person or other body,
whether or not a governmental entity, that has, by an Act or regulation, been
granted authority to set or implement measures related to one or more of the
following:
(i) the establishment of occupational standards or
certification requirements,
(ii) the assessment of the qualifications of
workers against established occupational standards or certification requirements,
and
(iii) the official recognition that an individual
meets established occupational standards or certification requirements; and
(m) "worker" means
an individual, whether employed, self-employed or unemployed, who performs or
seeks to perform work for pay or profit.
Approved measures
3. (1) An
applicable provincial regulator shall not apply, with respect to an application
for certification in relation to an occupation, a measure that is inconsistent with
Chapter Seven of the agreement, unless the measure is approved by the Lieutenant-Governor
in Council.
(2) An applicable provincial regulator shall not
adopt, maintain or change an occupational standard except in conformity with
Article 707 of Chapter Seven of the agreement.
Application of agreement
4. (1) A
worker who holds a certification in relation to an extraprovincial occupation
may, if there is a provincial equivalent occupation in relation to which
certification may be issued,
(a) apply for certification in relation to that provincial
equivalent occupation; and
(b) practise the provincial
equivalent occupation in the province after obtaining that certification and
satisfying a term, condition or requirement imposed on that certification under
subsection (2).
(2) An applicable provincial regulator, when
considering an application under paragraph (1)(a), shall decide the
application, and impose terms, conditions or requirements on a certification
issued in response to the application, in accordance with Article 706 of Chapter
Seven of the agreement.
Conflicts
5. (1) In
the event of a conflict between a provision of this Act and
(a) another Act or a regulation; or
(b) another measure of, or applicable to, an applicable
provincial regulator,
the provision of this Act prevails.
(2) Notwithstanding subsection (1), this Act and
regulations made under this Act shall be read and applied in conjunction with
the Labrador Inuit Land Claims Agreement
Act and, where a provision of this Act or regulations made under this Act
is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act
, the provision, term or condition of the Labrador
Inuit Land Claims Agreement Act shall have precedence over the provision of
this Act or a regulation made under this Act.
Agreement does not become law
6. Nothing
in this Act gives the agreement the force of law.
Prohibition on private cause of action
7. (1) A
legal proceeding does not lie or may not be brought or continued against the province
or another person to enforce or determine a right or obligation that is claimed
or arises solely under the agreement.
(2) Subsection (1) does not apply to a proceeding
that is contemplated by Chapter Seventeen of the agreement.
Power to make regulations
8. The
Lieutenant-Governor in Council may make regulations
(a) respecting information that shall be collected
and maintained by each applicable provincial regulator respecting applications
for certification under this Act;
(b) respecting reports that shall be given by applicable
provincial regulators, including regulations respecting the timing, format and
content of those reports;
(c) respecting the information that an applicable
provincial regulator shall provide to an applicant under paragraph 4(1)(a) in relation to
the application, including regulations respecting the timing within which and
the format by which that information shall be provided; and
(d) generally to give
effect to the purpose of this Act.
Commencement
9. This Act comes into force on June 30, 2010.
ŠEarl G. Tucker, Queen's Printer