Draft Amendment to O.Reg.8/06 – Archaeological Licensing Regulation

Regulation Number(s):
Ontario Regulation 8/06
Instrument Type:
Bill or Act:
Ontario Heritage Act
Summary of Decision:
The proposal has been approved. The amendments to O.Reg. 8/06 will take effect January 1, 2011, and will ensure that the ministry’s licensing system for archaeological fieldworkers complies with the Ontario Labour Mobility Act, 2009.
Further Information:
Proposal Number:
Posting Date:
August 31, 2010
Summary of Proposal:
Under the Ontario Heritage Act (OHA), the Ministry of Tourism and Culture (MTC) issues licences for archaeological fieldwork in Ontario. O.Reg.8/06 sets out the detailed requirements for obtaining a licence. This regulation requires updating to comply with the Ontario Labour Mobility Act, 2009 (OLMA).

The OLMA established a Labour Mobility Code to allow people who are already certified to practise a regulated occupation in another province/territory to become certified in Ontario without additional material requirements (e.g., tests, training). The OLMA also amended the OHA to allow MTC to issue licences to archaeological fieldworkers who can demonstrate that:

• they are certified by another province/territory to do the same type of archaeological fieldwork that they wish to conduct in Ontario, and the authorization is in good standing
• there is no reason to believe that their fieldwork will not comply with Ontario’s legislation and regulations
• their fieldwork would be consistent with the conservation, protection, and preservation of Ontario’s heritage
• they meet any other criteria in regulation, as long as those criteria comply with the OLMA

The Ministry is now proposing to amend O.Reg.8/06 to bring MTC’s licensing system for archaeologists into full compliance with the OLMA’s Labour Mobility Code. The proposed amendments would allow MTC to issue a licence to applicants who meet the criteria in the amended OHA without an additional review of their education credentials, work experience, or referee reports, or requiring them to enter a mentoring agreement.

The proposed amendments would apply to the three classes of archaeological licences covered under the regulation: professional, applied research, and avocational.

If approved, MTC is proposing that the amendments take effect on January 1, 2011.

Please see attached documents for more information about the proposed amendment and implementation.
Contact Address:
Heather Peters, Policy Advisor
Corporate and Strategic Policy Unit
Ministry of Tourism and Culture
401 Bay St.
Suite 1800
Toronto, Ontario
M7A 0A7
Fax: 416-314-7460
Royal Assent Date:
January 1, 2011