New Rules Remove Canadian Experience Requirement for Foreign-Trained Professionals

On November 30, the Ontario government passed Bill 27, Working for Workers Act, 2021. Some changes envisioned by this legislation may be of interest to OAA practices, including new rules related to disconnecting from work (e.g. after-hour emails), non-compete clauses, and changing requirements for Canadian experience for foreign-trained professionals.

Disconnecting from work policies
Employers with more than 25 employees will be required to develop and implement a policy that explains employees’ rights to disconnect from work after hours. Disconnecting means not engaging in work-related communications, including emails, telephone, and video calls. The deadline for implementing a policy will be no less than six months after the day the Act receives royal assent.

Non-compete clauses
The legislation prohibits employers from entering into an employment contract or agreement that is, or includes, a non-compete agreement. The original legislation contained an exemption allowing non-compete clauses between sellers and buyers of a business, and another exemption was later added regarding chief executive-level positions (e.g. CEO, President, COO, CFO). This provision appears slated to come into force once the legislation receives royal assent.

Canadian experience
The government intends to remove Canadian experience requirements from the licensing process for all non-health regulators. Regulated professions may apply for an exemption that will be reviewed by the Fairness Commissioner who would then make a recommendation to the Minister as to whether the exemption should be permitted. Unless such an exemption is granted, any remaining Canadian experience requirements will become void on or after two years from when the legislation comes into force.

The OAA closely reviewed this legislation when it was introduced, and made a submission to the Standing Committee on Social Policy. While the OAA supports the first two initiatives, it will study the third more closely as additional information becomes available. Once more is known, the decision whether to pursue an exemption will be determined at Council and shared with the membership.