Agreement for construction sector labour mobility between Ontario and Québec
Read the 2006 Construction Mobility Agreement to see how contractors and workers can work in Ontario or Quebec’s construction sector.
Part 1A: Introduction
This agreement sets out measures agreed to by the governments of Ontario and Quebec to facilitate access to the construction labour markets in both provinces. It replaces all previous bilateral agreements on labour mobility and the recognition of qualifications, skills and work experience, in particular:
- the labour mobility terms of the Ontario-Quebec Agreement on Public Procurement and Construction Labour Mobility, signed on December 24, 1993;
- the Agreement on Labour Mobility and Recognition of Qualifications, Skills and Work Experience in the Construction Industry (1996), signed
- the recommendations of the Joint Report of the Special Negotiators for Ontario and Quebec, signed on November 11, 1999.
Several general principles have guided the development of this agreement:
- Ontario and Quebec are committed to the fair treatment of persons, goods, services and investments, regardless of where they originate in Canada.
- The province in which a person lives will not be a bar to employment, apprenticeship training or trade certification in the other province.
- Ontario and Quebec each agree to treat construction contractors and workers from the other province in a manner that is equivalent to the best treatment that each accords to its own construction contractors and workers.
- Ontario and Quebec agree that membership in a trade union will not inhibit labour mobility. At the same time, both provinces acknowledge that union membership may be required by provincial law or by convention within the construction industry.
- Ontario and Quebec each have the right to regulate their construction industries in their own way.
- The different regulatory systems in Ontario and Quebec, which govern training and certification in the construction industry, will not prevent full recognition, by both jurisdictions, of the qualifications, skills and work experience of contractors and workers.
Implementation
In Ontario, the organizations responsible for implementing this agreement include the Ministry of Government Services (MGS), the Ministry of Training, Colleges and Universities (MTCU), the Ministry of Labour (MOL), the Workplace Safety and Insurance Board (WSIB), the Technical Standards and Safety Authority (TSSA), the Electrical Safety Authority (ESA) and any other agency specifically designated for that purpose.
In Quebec, the organizations responsible for implementing this agreement include the Ministère du Travail, the Ministère de l’emploi et de la solidarité sociale (MESS), the Commission de la construction du Québec(CCQ), the Commission de la santé et de la sécurité du travail (CSST) or any other body recognized by it, the Régie du bâtiment du Québec (RBQ), the Corporation des maîtres électriciens du Québec (CMEQ), the Corporation des maîtres mécaniciens en tuyauterie du Québec (CMMTQ) and any other agency specifically designated for that purpose.
Part 1B: Scope of the agreement
This agreement applies to construction work performed by contractors and workers engaged in any of the trades, activities of trades or occupations that are listed in Appendices 1, 3 and 4 respectively. It also applies to specialized construction work as defined in section 2.5.1, and to the transportation of aggregates under private and government contracts.
An “Ontario worker” is a construction worker who lives in Ontario. An Ontario worker who meets the requirements of this agreement may work anywhere in Quebec where employment is found and will be deemed to be a resident of the region in which the work is carried out for the entire duration of the employment.
A “Quebec worker” is a construction worker who lives in Quebec. A Quebec worker who meets the requirements of this agreement may work anywhere in Ontario.
Both Ontario and Quebec have certain requirements that apply universally to all construction contractors, whether resident or out-of-province; for example, requirements for licensing, or for registration with tax authorities. Such requirements are explained in guidance material that supports this agreement but are not part of the agreement itself.