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SNL2009 CHAPTER L-0.1

LABOUR MOBILITY IMPLEMENTATION ACT

Amended:

2017 c15 s2

CHAPTER L-0.1

AN ACT TO IMPLEMENT LABOUR MOBILITY

(Assented to December 22, 2009 )

Analysis



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 .

2009 cL-0.1 s1

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Definitions

        2. In this Act

             (a)  "agreement" means the Canadian Free Trade Agreement, signed in 2017 by the governments of Canada , the provinces and the 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.

2009 cL-0.1 s2; 2017 c15 s2

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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 706 of Chapter Seven of the agreement.

2009 cL-0.1 s3; 2017 c15 s2

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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 705 of Chapter Seven of the agreement.

2009 cL-0.1 s4; 2017 c15 s2

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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.

2009 cL-0.1 s5

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Agreement does not become law

        6. Nothing in this Act gives the agreement the force of law.

2009 cL-0.1 s6

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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 Ten of the agreement.

2009 cL-0.1 s7; 2017 c15 s2

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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.

2009 cL-0.1 s8

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Commencement

        9. This Act comes into force on June 30, 2010 .

2009 cL-0.1 s9