Regulation - Other

Amendments to O. Reg. 128/04, O. Reg. 129/04, Reg. 903, O. Reg. 63/09, and O. Reg. 323/94, to support the Ontario Labour Mobility Act, 2009.

Regulation Number(s):
Ontario Regulation 128/04
Ontario Regulation 129/04
Ontario Regulation 903
Ontario Regulation 63/09
Ontario Regulation 323/94
Ontario Regulation 466/10
Ontario Regulation 467/10
Ontario Regulation 468/10
Ontario Regulation 469/10
Ontario Regulation 470/10
Instrument Type:
Regulation - Other
Bill or Act:
Ontario Water Resources Act, Safe Drinking Water Act
Summary of Decision:
This summary of decision notice is being posted to notify the public that the following amended regulations have been filed on behalf of the Ministry of the Environment as of December 1, 2010: O. Reg. 128/04, O. Reg. 129/04, Reg. 903, O. Reg. 63/09, and O. Reg. 323/94. These amendments come into effect on January 1, 2011, as per the policy of the Twice Annual Effective Dates prescribed by Open for Business. All changes to these regulations are administrative in nature to ensure that the regulations meet the requirements of the Ontario Labour Mobility Act, 2009 (The “OLMA”)

The amendments were posted on the EBR and Regulatory Registry for comment between September 20, 2010 and November 4, 2010. The purpose of the EBR and Regulatory Registry postings were to notify the public of the proposed regulatory amendments to regulations pertaining to the certification and licensing of drinking water and wastewater operators, licensed pesticide exterminators and pesticide vendor outlet representatives, well technicians, and dry cleaners, and more specifically to ensure that our programs conform to the OLMA. One comment was received electronically during the posting period, which supported the proposed labour mobility. The individual wanted to ensure that the stringent requirements which are currently in O. Reg. 128/04 with respect to the Entry Level Course were maintained irrespective of labour mobility. The program area reviewed this comment and was satisfied that the amendments are consistent with the concern raised by the commenter, as this requirement remains in effect. The amendments to the above regulations are a requirement of the OLMA.
Further Information:
Proposal Number:
Posting Date:
September 21, 2010
Summary of Proposal:
The Ontario Labour Mobility Act (the "OLMA")was introduced in January 2009 to implement the labour mobility commitments made by the Ontario government as a signatory of the Agreement on Internal Trade (AIT). The OLMA's purpose is to reduce barriers to labour mobility by eliminating or reducing measures which restrict the certification in a regulated occupation in another province or territory. The OLMA provides that individuals certified in another Canadian jurisdiction will not have to complete any additional "material" training, experience, examinations or assessments in order to be certified in the same occupation in Ontario. The proposed amendments to the afore mentioned regulations allow the Director under each regulation to issue a permit, licence or certificate (referred to as a "certificate") to a person holding a licence or certificate for the same occupation in another province or territory.

The AIT and OLMA allow the provinces to make exceptions to full mobility if the exception is for the purpose of a legitimate objective such as protection of public health or the environment. The Ministry of Environment has received Cabinet approval to apply an exception from the Ontario Labour Mobility Act for class 1 drinking water operators. This is because Ontario has comprehensive entry level drinking water operator training to support a significantly broader scope practice. Those trained in most other jurisdictions are unlikely to have the ability to perform in the occupation in Ontario. Therefore operators applying from elsewhere in Canada(except New Brunswick) must take the Ministry’s mandatory entry level course or equivalent training prior to the Director issuing a class 1 drinking water operator certificate.
Contact Address:
Katharine Hall
Certification Officer
Ministry of the Environment
Drinking Water Management Division
(416) 212-1466
Effective Date:
January 1, 2011