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S.M. 2009, c. 18
Bill 21, 3rd Session, 39th Legislature
The Labour Mobility Act
(Assented to June 11, 2009)
WHEREAS removing barriers to internal trade will help to ensure that Manitoba's economy is productive, competitive and well-positioned for long-term success;
AND WHEREAS the governments of Canada, the provinces, Yukon and the Northwest Territories have agreed to enhance labour mobility within Canada under Chapter 7 (Labour Mobility) of the Agreement on Internal Trade;
AND WHEREAS under that Chapter all parties have agreed to take steps to reconcile differences in occupational standards by adopting common interprovincial standards to the extent possible and where practical, and by their continued commitment to the Interprovincial Standards Red Seal Program;
AND WHEREAS that Chapter requires that workers who have been certified in an occupation by a regulatory authority in another province or territory are recognized as being qualified in that occupation by the appropriate Manitoba authority;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The purpose of this Act is to ensure that the measures used by regulatory bodies to certify individuals to work in occupations comply with the obligations of Chapter 7 (Labour Mobility) of the Agreement on Internal Trade.
The following definitions apply in this Act.
"Agreement on Internal Trade" means the Agreement on Internal Trade, signed in 1994 by the governments of Canada, the provinces, Yukon and the Northwest Territories, as amended from time to time. (« Accord sur le commerce intérieur »)
"certification", in relation to an individual, means certification, registration, licensing or another form of official recognition issued by a regulatory body that attests to the individual being qualified and authorized to do one or both of the following:
(a) practice an occupation;
(b) use an occupational title. (« reconnaissance professionnelle »)
"measure" means a regulation, rule, by-law, directive, guideline, program, policy or administrative practice or procedure. (« mesure »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"occupational standard" means the skills, knowledge and abilities required for an occupation as established by a regulatory authority and against which the qualifications of an individual in that occupation are assessed. (« norme professionnelle »)
"regulatory body" means a person or other body, whether or not a governmental entity, that has been granted authority under an Act to set or implement measures related to any of the following:
(a) establishing occupational standards or certification requirements;
(b) assessing qualifications of individuals against established occupational standards or certification requirements;
(c) officially recognizing that an individual meets established occupational standards or certification requirements;
and includes any other person or body designated in the regulations; (« organisme de réglementation »)
"responsible minister", in relation to a particular Act, means the minister assigned responsibility for that Act by the Lieutenant Governor in Council. (« ministre responsable »)
A regulatory body must ensure that any measure it adopts or maintains respecting the certification of individuals to work in an occupation complies with the obligations of Chapter 7 (Labour Mobility) of the Agreement on Internal Trade.
In order to comply with subsection (1), a regulatory body may waive or adapt any requirements for certification that have been established for the occupation, notwithstanding any other Act or regulation.
The minister may issue a compliance order to a regulatory body if he or she is of the opinion that the body has failed to comply with section 3.
As an exception to subsection (1), if the regulatory body is established under an Act for which there is a responsible minister, the minister must — instead of issuing the order himself or herself — recommend to the responsible minister that a compliance order be issued. In that case, the responsible minister may issue the order.
Before issuing a compliance order, the minister or responsible minister intending to issue it must give written notice to the regulatory body affected by it, and allow the body at least 30 days to make a written submission explaining the reason for the alleged non-compliance.
A compliance order must do the following:
(a) describe the way in which the regulatory body has failed to comply;
(b) set out any action the regulatory body must take to remedy the failure, including, but not limited to, making, amending or repealing any regulation, rule, by-law or other measure specified in the order;
(c) specify the period of time within which the order must be complied with.
The regulatory body must comply with a compliance order.
If a compliance order requires the regulatory body to make, amend or repeal a regulation, rule or by-law under clause (4)(b) and the regulatory body does not do so within 60 days, the Lieutenant Governor in Council may make, amend or repeal the regulation, rule or by-law.
The minister may establish an advisory panel for the purpose of this Act.
The minister may request the advisory panel to review and make recommendations about
(a) a proposal by a regulatory body to adopt or maintain a measure that might impair or restrict labour mobility, if the purpose of the measure is to achieve a "legitimate objective" as that term is used in Chapter 7 (Labour Mobility) of the Agreement on Internal Trade; or
(b) any other matter the minister considers advisable.
Within 30 days after completing its review, or within any longer period acceptable to the minister, the advisory panel must give a written report of its finding and recommendations to the minister, the responsible minister if there is one, and the regulatory body affected by the review.
The Lieutenant Governor in Council may make regulations
(a) designating a person or body, including a municipality, as a "regulatory body" as defined in section 2;
(b) respecting records, reports and other information that regulatory bodies must provide to the minister, including their form and content and the manner in which they must be provided;
(c) respecting the advisory panel referred to in section 5;
(d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.
If a provision of this Act or a regulation made under this Act conflicts with a provision of another Act that establishes a regulatory body or a regulation made under such an Act, the provision of this Act or the regulation under this Act prevails to the extent of the conflict.
This Act may be referred to as chapter L5 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on the day it receives royal assent.