Human Resources Legislative Update
Ontario Government Taking Significant Steps to Break Down Interprovincial Barriers for Certified Professionals
Date: September 8, 2025
On September 1, 2025, the Ontario government announced significant steps to break down interprovincial barriers for certified professionals, effective January 1, 2026. The new “As of Right” framework, a key part of the Protect Ontario through Free Trade within Canada Act, 2025, is designed to streamline the certification process for qualified workers from other provinces and territories to begin working in Ontario more quickly.
The “As of Right” Framework
Starting January 1, 2026, workers in regulated, non-health occupations who are certified by out-of-province regulatory authorities can apply for deemed certification to begin working in Ontario within 10 business days—a notable reduction from the current process which can take several months. The framework is expected to cover more than 50 regulatory authorities and 300 certifications, including, but not limited to, architects, engineers, geoscientists, land surveyors, and electricians.
Workers will need to submit their registration documents to the Ontario regulatory authority and meet any other requirements that the regulatory authority has imposed for the purpose of “As of Right.” Once they receive confirmation from the Ontario regulatory authority, approved workers can work for a one-time, six-month period while completing their full application to register with the Ontario regulatory authority for their occupation.
To facilitate this new framework, the Ontario government has signed reciprocal Memorandums of Understanding (MOUs) on free trade and labour mobility with all Canadian provinces and territories except for Quebec and Newfoundland and Labrador. These agreements include measures that will make it easier for Ontario workers to move to and work in other provinces and territories and vice-versa.
Deemed Certification Process
On August 29, 2025, the Ontario government filed Ontario Regulation 199/25 (Regulation) under the Ontario Labour Mobility Act, 2009 (Act) with respect to the deemed certification process. The Regulation establishes specific requirements for individuals from other provinces or territories seeking Ontario certification.
Applicants must meet the following criteria:
- Attest to good standing: Individuals must attest that their certification in the regulated occupation is in good standing, that no out-of-province authority has refused their certification in the last two years, and that they are not currently subject to any professional misconduct proceedings.
- Meet existing requirements: Ontario regulatory authorities may still impose certain requirements that apply to all individuals certified in the province, such as paying a fee, obtaining malpractice insurance, or undergoing a police or credit check.
- Complete an examination: If the Ontario regulatory authority requires an examination for certification, the new rules stipulate that a deemed certified individual must complete the same examination. However, the regulatory authority must provide or administer the exam within 10 business days of receiving all other required information. If the regulatory authority fails to do so, the requirement for the applicant to complete the examination ceases to apply.
All regulatory authorities will be required to publish information on their websites about the process and the information required for the purpose of “As of Right.”
Deemed certification automatically ends when individuals either receive regular Ontario certification or have their certification application denied with no further appeal options. The Regulation also clarifies that deemed certification ceases when a regulatory authority determines that information provided by the individual was not accurate.
Implications for Employers
The “As of Right” framework represents a significant procedural change for Ontario employers, particularly those in sectors requiring regulated professionals. Once in effect, deemed certification will provide access to certified professionals from other provinces within a defined timeline, potentially helping employers fill positions requiring specific regulatory credentials.
Organizations may need to coordinate with prospective hires to ensure required information and attestations are submitted promptly to take advantage of the expedited 10-business-day timeline.
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