Ontario’s revised labour mobility framework is intended to reduce barriers for certified professionals seeking to practise across provincial lines. As of 1 January 2026, individuals already certified in a regulated occupation elsewhere in Canada may begin working in Ontario within 10 business days of applying for deemed certification. The amendments to the Labour Mobility Act apply to more than 50 regulatory bodies and over 300 occupations, including engineers, architects, teachers, accountants and skilled trades.
The province has presented the changes as a response to persistent labour shortages. Qualified applicants are permitted to enter the workforce while their applications proceed through the formal certification process. Under the As of Right model, deemed certification may remain in place for up to six months once a regulator acknowledges receipt of a complete application and confirms prescribed requirements are met.
For employers, the reform shortens the time between recruitment and deployment. Lawyers say it also compresses the compliance window that follows. “It’s very clear that, within 10 days, you’re up and running, but now it’s on the employers, human resources to think ‘Well, what’s happening next?’” said Paul Macchione, a partner at Norton Rose Fulbright Canada, speaking to HR Reporter. He said the framework introduces another deadline that must be tracked alongside immigration documents, licensing renewals and other employment conditions.
Six month deemed certification window places contracts under scrutiny
The temporary nature of deemed certification is central to employer planning. If full certification is not granted within six months, the individual may lose the legal authority to practise in Ontario. That outcome can immediately affect the validity of the employment relationship. “The problem is that there’s only six months to confirm that that person can work in the field that they are certified in in the other province,” said Ronald Minken, founder of Minken Employment Lawyers. “So, what happens after that?”
Macchione said employment agreements should clearly state that the role is contingent on certification status. Where a professional relocates from another province, organizations may need to revisit provisions addressing job location, scope of duties and continuation of employment if certification is not finalized. He said employers should not leave the issue to assumption or informal understanding.
Some organizations may consider fixed-term contracts aligned with the six-month deemed period. “That’s going to be really key,” said Minken, noting there is no certainty that approval will be confirmed within that timeframe. He said force majeure clauses and carefully drafted termination language may provide a measure of protection where a regulator’s decision affects an employee’s eligibility to work.
Macchione cautioned that fixed-term agreements in Ontario can carry significant exposure if termination provisions are imperfect. Courts have examined such clauses closely. He said an alternative approach may involve identifying certification as a fundamental term of employment and relying on enforceable termination provisions if the requirement is not met.
Both lawyers emphasized that professional standing should be expressly incorporated into the contract. If an employee’s attestation regarding credentials is inaccurate, there may be grounds for termination for cause or misrepresentation. Minken added that probationary clauses may offer limited assistance where the issue concerns licensing rather than performance.
Insurance, workers’ compensation and regulatory coordination remain critical
The implications extend beyond contract language. Employers must also examine insurance coverage and workers’ compensation obligations when onboarding regulated professionals from other provinces. Differences between provincial compensation regimes may require notification once the individual begins practising in Ontario. “If they’re coming from the same employer, but a different workers’ compensation scheme, do we also let them know?” said Macchione. He said confirming coverage and reporting requirements at the outset may help prevent complications in the event of a claim.
Regulatory bodies are adjusting to the accelerated process. Professional Engineers Ontario launched a Canadian P.Eng. mobility application pathway in December that provides full licensure within 10 business days of receiving a complete application. “Our aim at PEO is not to just meet the bar, it’s to set the bar,” said Jennifer Quaglietta, CEO and registrar. She said fewer than one per cent of applicants in that stream are refused due to character concerns and that mobility applications have increased steadily in recent years.
For employers seeking to broaden their recruitment reach, the new regime reduces interprovincial friction. It does not eliminate the need for disciplined oversight. Certification status, contractual clarity, insurance alignment and regulatory deadlines must be actively monitored throughout the six-month window. The reform changes how quickly regulated talent can cross provincial borders. It also places the responsibility for managing that transition squarely with employers.
