There are official mechanisms in place in the CFTA to resolve disagreements when certification requirements are perceived to be inconsistent with Labour Mobility obligations. Provisions are in place for government-to-government disputes and person-to-government disputes. Dispute resolution proceedings are generally initiated only after other avenues for resolving the dispute have been exhausted.
Part of this mechanism is to ensure that parties undertake to resolve disputes in a conciliatory, cooperative and harmonious manner. The first step to resolving a Labour Mobility complaint is to contact your Labour Mobility Coordinator.
To date, there have been two panel rulings on Labour Mobility under the CFTA that have provided clarity on 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
The two dispute panel rulings re-affirm the strength of Labour Mobility provisions: that Labour Mobility rights of workers are paramount and exceptions should be unusual and only posted when there is strong supporting evidence.
The panel rulings emphasize that the way to resolve differences is for regulatory bodies to keep working together to make their requirements and processes as consistent as possible.