Labour Mobility Regulation

(Consolidated up to 158/2025) ALBERTA REGULATION 84/2023 Labour Mobility Act LABOUR MOBILITY REGULATION Table of Contents 1 Definitions 1.1 Prescribed regulatory bodies 2 Application requirements 3 No reassessment of education, competency, training or work experience 4 Knowledge of matters in Alberta 5 Language proficiency 6 No less favourable requirements 7 Registration 8 No less favourable decision 9 Legitimate objectives 10 Notice of audit, audit scope and audit standards 11 Auditor qualifications 12 Auditor duties 13 Auditor’s fees and expenses 15 Review 16 Coming into force Schedule Definitions 1 In this Regulation, (a) “current registering body” means a body in another province or territory in Canada other than Alberta with which a labour mobility applicant is currently registered that regulates the same profession that the labour mobility applicant is applying to be registered in with an Alberta regulatory body; (b) “language of practice” means a language of practice, as specified by a regulatory body, for the profession that a regulatory body regulates; (c) “past registering body” means a body in a province or territory in Canada other than Alberta with which a labour mobility applicant was registered but is no longer registered with that regulates the same profession that the labour mobility applicant is applying to be registered in with an Alberta regulatory body. Prescribed regulatory bodies 1.1 A body or person listed in the Schedule is prescribed as a regulatory body for the purposes of section 1(n) of the Act. AR 46/2025 s2 Application requirements 2 For the purpose of section 6(1)(b) of the Act, in order for a regulatory body to make a registration decision in relation to a labour mobility applicant, the regulatory body may require a labour mobility applicant to do any of the following: (a) request that one or more current registering bodies of the labour mobility applicant provide the regulatory body directly with (i) a certificate, letter or other evidence regarding whether the labour mobility applicant is in good standing in the relevant profession with the current registering body, (ii) a statement regarding whether the labour mobility applicant has good character, as determined by the current registering body, and (iii) a statement regarding whether any restriction, limitation or condition has been imposed on the labour mobility applicant by the current registering body and, if so, that identifies the restriction, limitation or condition; (b) request that one or more current registering bodies or one or more past registering bodies provide the regulatory body directly with a statement (i) regarding whether the current registering body or past registering body is aware of any complaints, investigations, disciplinary proceedings or criminal proceedings relating to the competency, conduct or character of the labour mobility applicant that are ongoing or completed, and (ii) identifying and providing particulars of any such complaint, investigation, disciplinary proceeding or criminal proceeding, including the outcome of the complaint, investigation or proceeding, if any; (c) if the regulatory body has a similar requirement for applicants who are not labour mobility applicants, require a labour mobility applicant to (i) provide administrative information that is required to facilitate the registration of the labour mobility applicant, including but not limited to the labour mobility applicant’s name and contact information, (ii) provide proof of identity, (iii) pay an application or processing fee, (iv) obtain and provide proof of insurance or malpractice coverage or similar protection, (v) post a bond and provide proof that the bond has been posted, (vi) provide one or more criminal record checks or vulnerable sector checks from any jurisdiction, (vii) provide the result obtained by the labour mobility applicant on an assessment of the labour mobility applicant’s knowledge of matters applicable to the practice of the relevant regulated profession in Alberta, and (viii) provide proof that the labour mobility applicant is proficient in a language of practice (A) by providing proof from a current registering body or past registering body that the labour mobility applicant has met a requirement to demonstrate proficiency in that language of practice imposed by that current registering body or past registering body, (B) by providing proof that the labour mobility applicant has completed a language proficiency assessment in that language of practice that meets the standards established by the regulatory body and has obtained a result that is satisfactory to the regulatory body, (C) by providing a letter or other evidence from an employer confirming that the labour mobility applicant is competent to practise the regulated profession in that language of practice, (D) by providing proof that the labour mobility applicant has completed professional education in that language of practice, (E) by providing proof that the labour mobility applicant has completed secondary schooling in that language of practice, or (F) if the labour mobility applicant cannot provide any of the things described in paragraphs (A) to (E), or chooses not to provide proof that the labour mobility applicant is proficient in that language of practice by providing any of the things described in paragraphs (A) to (E), by (I) completing a language proficiency assessment in that language of practice, and (II) providing the result of that assessment obtained by the labour mobility applicant to the regulatory body; (d) provide a declaration that the information provided to the regulatory body by the labour mobility applicant under clause (c) is true and accurate. No reassessment of education, competency, training or work experience 3 A regulatory body must accept a current registering body’s assessment of the education, competency, training or work experience of a labour mobility applicant and must not use a requirement imposed by the regulatory body on a labour mobility applicant under section 2(c)(i) to collect information for the purpose of reassessing the education, competency, training or work experience of the labour mobility applicant. Knowledge of matters in Alberta 4 (1) If a regulatory body imposes a requirement on a labour mobility applicant to provide the result of an assessment of the labour mobility applicant’s knowledge of matters applicable to the practice of the relevant regulated profession in Alberta to the regulatory body under section 2(c)(vii), the regulatory body must, subject to subsection (2), (a) offer a labour mobility applicant the opportunity to complete that assessment or, if the assessment is being conducted by a third party, ensure that the third party offers a labour mobility applicant the opportunity to complete that assessment, and (b) provide the labour mobility applicant with the results of that assessment or ensure that any third party conducting the assessment provides the labour mobility applicant with the results of that assessment within a reasonable period of time of the labour mobility applicant submitting their application. (2) Subsection (1) does not apply if a regulatory body will accept the result of an assessment of the labour mobility applicant’s knowledge of matters applicable to the practice of the relevant regulated profession in Alberta that has already been completed. (3) If a regulatory body directly or indirectly administers an assessment of a labour mobility applicant’s knowledge of matters applicable to the practice of the relevant regulated profession in Alberta, any requirement imposed on a labour mobility applicant to provide the result of such an assessment is deemed to be met when the result of the assessment is available to the regulatory body. (4) A requirement for a labour mobility applicant to provide the result of an assessment of the labour mobility applicant’s knowledge of matters applicable to the practice of the relevant regulated profession in Alberta must not be used to impose a requirement on a labour mobility applicant to perform material additional training, obtain material additional experience or complete material additional examinations or assessments. Language proficiency 5 (1) For the purposes of section 2(c)(viii), a labour mobility applicant may choose to provide any form of proof that the labour mobility applicant is proficient in a language of practice that is described in paragraphs (A) to (F) of that subclause. (2) For the purpose of section 2(c)(viii)(C), a labour mobility applicant may not provide a letter or other evidence on the labour mobility applicant’s own behalf confirming that the labour mobility applicant is competent to practise the regulated profession in the language of practice. No less favourable requirements 6 (1) Subject to subsections (2)(c) and (3), a regulatory body shall not establish requirements for a labour mobility applicant’s application that are less favourable than the requirements a regulatory body would impose on an applicant for registration who is not a labour mobility applicant. (2) Without limiting the generality of subsection (1), a requirement imposed by a regulatory body on a labour mobility applicant (a) must not create a disguised restriction on labour mobility, (b) must, subject to clause (c), be the same as or substantially similar to, but no more onerous than, those imposed by the regulatory body on an applicant for registration who is not a labour mobility applicant, and (c) must not impose a fee that is higher than the fee imposed by the regulatory body on an applicant who is not a labour mobility applicant, unless the higher fee is required to cover an actual cost differential (i) that a regulatory body must incur in relation to an application from a labour mobility applicant, or (ii) that a labour mobility applicant must incur in relation to fulfilling a legitimate objective. (3) Despite subsection (2)(b), a regulatory body may require a labour mobility applicant to request that a current registering body of the labour mobility applicant provide the regulatory body directly with a certificate, letter or other evidence regarding whether the labour mobility applicant is in good standing in the relevant profession with the current registering body, in accordance with section 2(a)(i). Registration 7 (1) Subject to this section and section 9, where a labour mobility applicant has provided proof of current registration in a province or territory in Canada other than Alberta and has met all other requirements imposed by a regulatory body under section 2, the regulatory body shall register the labour mobility applicant without restrictions, limitations or conditions. (2) If one or more current registering bodies have provided the regulatory body directly with a certificate, letter or other evidence regarding whether the labour mobility applicant is in good standing in the relevant profession with the current registering body, and a certificate, letter or other evidence from a current registering body indicates that the labour mobility applicant is not in good standing, the regulatory body may refuse to register the labour mobility applicant or may register the labour mobility applicant without restrictions, limitations or conditions. (3) If one or more current registering bodies have provided the regulatory body directly with a statement regarding whether the labour mobility applicant has good character, as determined by the current registering body, and a statement of a current registering body indicates that the labour mobility applicant does not have good character, the regulatory body may (a) refuse to register the labour mobility applicant if the regulatory body considers it necessary to protect the public interest as a result of concerns relating to the character or conduct of the labour mobility applicant, (b) register the labour mobility applicant with restrictions, limitations or conditions if the regulatory body considers it necessary to protect the public interest as a result of concerns relating to the character or conduct of the labour mobility applicant, or (c) register the labour mobility applicant without restrictions, limitations or conditions if the regulatory body considers it to be in the public interest. (4) If one or more current registering bodies have provided the regulatory body directly with a statement regarding whether any restriction, limitation or condition has been imposed on the labour mobility applicant by the current registering body, the regulatory body may assess any restriction, limitation or condition imposed by a current registering body and may (a) apply an equivalent restriction, limitation or condition, (b) refuse to register the labour mobility applicant if no equivalent restriction, limitation or condition could be applied to an applicant for registration who is not a labour mobility applicant or to a registrant of the regulatory body, or (c) register the labour mobility applicant without restrictions, limitations or conditions. (5) If one or more current registering bodies or past registering bodies have provided the regulatory body directly with a statement regarding whether the current registering body or past registering body is aware of any complaints, investigations, disciplinary proceedings or criminal proceedings relating to the competency, conduct or character of the labour mobility applicant that are ongoing or completed, (a) the regulatory body may register the labour mobility applicant without restrictions, limitations or conditions if the regulatory body considers it to be in the public interest, or (b) if the regulatory body considers it to be necessary to protect the public interest as a result of concerns relating to the competency, conduct or character of the labour mobility applicant based on the information contained in a statement, the regulatory body may refuse to register the labour mobility applicant or may register the labour mobility applicant with restrictions, limitations or conditions. (6) If a labour mobility applicant has provided one or more of the criminal record checks or vulnerable sector checks required under section 2(c)(vi), (a) the regulatory body may register the labour mobility applicant without restrictions, limitations or conditions if the regulatory body considers it to be in the public interest, or (b) if any of the checks required by a regulatory body are not submitted in a form and manner that is satisfactory to the regulatory body, or if the regulatory body considers it to be necessary to protect the public interest as a result of concerns relating to the competency, conduct or character of the labour mobility applicant, the regulatory body may refuse to register the labour mobility applicant or may register the labour mobility applicant with restrictions, limitations or conditions. (7) If a labour mobility applicant has provided the result obtained by the labour mobility applicant on an assessment of the labour mobility applicant’s knowledge of matters applicable to the practice of the relevant profession in Alberta, and (a) the assessment has not been approved by, or does not meet the standards of, the regulatory body, (b) the result is not provided in a form and manner that is satisfactory to the regulatory body, or (c) the result does not meet the regulatory body’s standards, the regulatory body may refuse to register the labour mobility applicant or may register the labour mobility applicant without restrictions, limitations or conditions. (8) If a labour mobility applicant has provided the result of a language proficiency assessment under section 2(c)(viii)(F) and (a) the language proficiency assessment has not been approved by, or does not meet the standards of, the regulatory body, (b) the result is not provided in a form or manner that is satisfactory to the regulatory body, or (c) the result of the assessment does not meet the regulatory body’s standards, the regulatory body may refuse to register the labour mobility applicant or may register the labour mobility applicant without restrictions, limitations or conditions. (9) A regulatory body may refuse to register a labour mobility applicant or may register a labour mobility applicant without restrictions, limitations or conditions in the following circumstances: (a) if a labour mobility applicant has provided administrative information under section 2(c)(i), but the information is not satisfactory to the regulatory body, or has not been provided in a form and manner that is satisfactory to the regulatory body; (b) if a labour mobility applicant has provided proof of identity under section 2(c)(ii), but the proof has not been provided in a form and manner that is satisfactory to the regulatory body; (c) if a labour mobility applicant has paid an application or processing fee under section 2(c)(iii), but it is not in an amount that is satisfactory to the regulatory body, or is not paid in a manner that is satisfactory to the regulatory body; (d) if a labour mobility applicant (i) has obtained insurance or malpractice coverage or similar protection under section 2(c)(iv) that is not in an amount satisfactory to the regulatory body or is otherwise not satisfactory to the regulatory body, or (ii) has provided proof of this coverage or protection, but the proof has not been provided in a form and manner that is satisfactory to the regulatory body; (e) if a labour mobility applicant (i) has posted a bond under section 2(c)(v) that is not in an amount satisfactory to the regulatory body, is not posted in a form and manner that is satisfactory to the regulatory body or is otherwise not satisfactory to the regulatory body, or (ii) has provided proof that the bond has been posted, but the proof has not been provided in a form and manner that is satisfactory to the regulatory body; (f) if a labour mobility applicant has provided proof that the labour mobility applicant is proficient in a language of practice under section 2(c)(viii), but the proof has not been provided in a form and manner that is satisfactory to a regulatory body; (g) if a labour mobility applicant has provided a declaration that the information provided to the regulatory body by the labour mobility applicant under section 2(c) is true and accurate, but the declaration has not been provided in a form and manner that is satisfactory to the regulatory body. No less favourable decision 8 (1) Subject to subsections (2)(d) and (3), when making a registration decision with respect to a labour mobility applicant, a regulatory body shall not treat a labour mobility applicant less favourably than it would treat an applicant for registration who is not a labour mobility applicant, or a registrant of the regulatory body, in the same circumstances. (2) Without limiting the generality of subsection (1), a regulatory body (a) must not make a registration decision in respect of a labour mobility applicant in a way that creates a disguised restriction on labour mobility, (b) must apply a standard to a decision on whether to register a labour mobility applicant that is the same as, or substantially similar to, but no more onerous than, the standard applied to an applicant who is not a labour mobility applicant, (c) must only impose a restriction, limitation or condition on a labour mobility applicant if the restriction, limitation or condition is the same as, or substantially similar to, but no more onerous than, a restriction, limitation or condition imposed on an applicant for registration who is not a labour mobility applicant, or on a registrant of the regulatory body, in the same circumstances, and (d) must not make a registration decision to impose a restriction, limitation or condition on a labour mobility applicant in a way that imposes a fee that is higher than the fee imposed by the regulatory body on an applicant who is not a labour mobility applicant, unless the higher fee is required to cover an actual cost differential (i) that a regulatory body must incur in relation to a registration decision in respect of a labour mobility applicant, or (ii) that a labour mobility applicant must incur in relation to fulfilling a legitimate objective. (3) Nothing in subsection (1) or (2)(b) limits a regulatory body’s ability to consider a certificate, letter or other evidence regarding whether a labour mobility applicant is in good standing with a current registering body and to make a registration decision on that basis. Legitimate objectives 9 A regulatory body with a legitimate objective may (a) register a labour mobility applicant with restrictions, limitations or conditions, (b) register a labour mobility applicant without restrictions, limitations or conditions, or (c) refuse to register a labour mobility applicant, in accordance with the legitimate objective. Notice of audit, audit scope and audit standards 10 (1) The Minister shall include the following information in a notice given to a regulatory body under section 12(2) of the Act: (a) the date by which the audit is to begin; (b) the date by which the audit is to be completed; (c) the reason for the audit; (d) the scope of the audit and the audit standards; (e) the process by which the auditor will be selected; (f) notice of the requirement under section 13 for the regulatory body to pay the auditor’s fees and expenses. (2) The notice must be given to the regulatory body at least 30 days before the audit is to begin. (3) For the purposes of subsection (1)(d), the Minister shall establish the scope of an audit in respect of a regulatory body, taking into consideration the following audit objectives: (a) to determine whether the regulatory body’s (i) registration practices, (ii) registration decision processes, and (iii) internal review or appeal processes are transparent, objective, impartial and procedurally fair; (b) to determine whether the regulatory body is complying with any or all of the requirements set out in or established under sections 2, 4, 5, 6, 7, 8, 9, 10 and 11 of the Act or under the regulations; (c) to identify any areas for improvement with respect to the regulatory body’s registration practices, registration decision processes, internal review or appeal processes, or fulfilment of the requirements set out in or established under sections 2, 4, 5, 6, 7, 8, 9, 10 and 11 of the Act or under the regulations. (4) For the purposes of subsection (1)(d), the Minister shall establish audit standards that include the following auditor responsibilities: (a) to assess the extent to which the regulatory body’s (i) registration practices, (ii) registration decision processes, and (iii) internal review or appeal processes comply with the Act and regulations; (b) to assess how effective the regulatory body’s (i) registration practices, (ii) registration decision processes, and (iii) internal review or appeal processes are in complying with the Act and regulations; (c) to identify measures that are recommended for the regulatory body to take to (i) remedy any non‑compliance with the Act or regulations in relation to the regulatory body’s registration practices, registration decision processes or internal review or appeal processes, or (ii) increase the effectiveness of the regulatory body’s registration practices, registration decision processes or internal review or appeal processes in complying with the Act and regulations. Auditor qualifications 11 (1) A person is authorized to conduct an audit referred to in section 12(2) of the Act if the person (a) is independent of the Government and the regulatory body being audited, and (b) has the capability and resources necessary to properly conduct the audit. (2) For the purposes of subsection (1)(a), a person is independent of the Government and the regulatory body being audited if the person has no direct or indirect relationship with the Government or the regulatory body that could reasonably be expected to interfere with the exercise of the person’s professional judgment. (3) For the purposes of subsection (1)(b), the following criteria must be considered in determining whether a person has the capability and resources necessary to properly conduct an audit in respect of a regulatory body: (a) the person’s experience in conducting reviews, assessments and audits of the policies, practices and procedures of regulatory bodies or other organizations; (b) the person’s experience in applying the principles of transparency, objectivity, impartiality and procedural fairness within a regulatory environment; (c) the person’s knowledge of the registration practices of regulatory bodies. Auditor duties 12 (1) An auditor who conducts an audit referred to in section 12(2) of the Act shall (a) conduct the audit in accordance with the requirements set out in the notice referred to in section 10, (b) without delay on completion of the audit, (i) prepare a draft audit report, and (ii) provide a copy of the draft audit report to the regulatory body together with a notice that the regulatory body, within 30 days of receiving the draft audit report, may make written submissions to the auditor, and (c) without delay, after the expiry of the 30‑day period referred to in clause (b)(ii), prepare a final report and provide it to the Minister and the regulatory body. (2) The auditor shall consider any written submissions made by the regulatory body in accordance with subsection (1)(b)(ii) in preparing the final audit report. Auditor’s fees and expenses 13 A regulatory body in respect of which an audit is conducted under section 12(2) of the Act shall pay the auditor’s fees and expenses relating to the audit. 14 Repealed AR 46/2025 s3. Review 15 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on April 6, 2028. Coming into force 16 This Regulation comes into force on the coming into force of the Labour Mobility Act . Schedule Alberta Assessors’ Association Alberta Association of Architects Alberta Association of Landscape Architects Alberta Boilers Safety Association Alberta College of Combined Laboratory and X‑Ray Technologists Alberta College of Dental Hygienists Alberta College of Medical Diagnostic and Therapeutic Technologists Alberta College of Occupational Therapists Alberta College of Optometrists Alberta College of Paramedics Alberta College of Pharmacy Alberta College of Social Workers Alberta College of Speech‑Language Pathologists and Audiologists Alberta Funeral Services Regulatory Board Alberta Human Ecology and Home Economics Association Alberta Institute of Agrologists Alberta Insurance Council Alberta Land Surveyors’ Association Alberta Motor Vehicle Industry Council Alberta Professional Outfitters Society Alberta Professional Planners Institute Alberta Securities Commission Alberta Shorthand Reporters Association Alberta Society of Professional Biologists Alberta Veterinary Medical Association Association of Alberta Forest Management Professionals Association of Professional Engineers and Geoscientists of Alberta Association of School Business Officials of Alberta Association of Science and Engineering Technology Professionals of Alberta Association of the Chemical Profession of Alberta Canadian Information Processing Society of Alberta Chartered Professional Accountants of Alberta College of Acupuncturists of Alberta College of Alberta Dental Assistants College of Alberta Denturists College of Alberta Psychologists College of Chiropractors of Alberta College of Dental Surgeons of Alberta College of Dental Technologists of Alberta College of Dietitians of Alberta College of Hearing Aid Practitioners of Alberta College of Licensed Practical Nurses of Alberta College of Medical Laboratory Technologists of Alberta College of Midwives of Alberta College of Naturopathic Doctors of Alberta College of Opticians of Alberta College of Physicians and Surgeons of Alberta College of Physiotherapists of Alberta College of Podiatric Physicians of Alberta College of Registered Nurses of Alberta College of Registered Psychiatric Nurses of Alberta College of Respiratory Therapists of Alberta Electrical Contractors Association of Alberta Horse Racing Alberta Institute of Certified Management Consultants of Alberta Law Society of Alberta Minister of Education and Childcare Minister of Environment and Protected Areas Minister of Forestry and Parks Minister of Jobs, Economy, Trade and Immigration Minister of Municipal Affairs Minister of Public Safety and Emergency Services Minister of Service Alberta and Red Tape Reduction Minister of Transportation and Economic Corridors Real Estate Council of Alberta Safety Codes Council Society of Local Government Managers of Alberta Supply Chain Management Association Alberta AR 46/2025 s4;158/2025