As of Right Registration

The first substantive Bill of the new Ontario government relates to free trade. However, Bill 2, Protect Ontario Through Free Trade Within Canada Act, 2025, is unclear as to how it will affect Ontario professional regulators. Much is left to the regulations. Indeed, the technical briefing released by the government at the time of its introduction provides greater clarity on many points than the Bill itself. The technical briefing indicates that many of the details remain to be developed and contains the only explicit indication that the Bill might also be expanded to US-licensed health practitioners.

Features of the Bill (as it applies to professions), include the following:

1. Regulations will enable the government to designate professions in other jurisdictions to receive almost automatic registration in Ontario.
2. For at least some of these professions, upon providing evidence of good standing in their originating jurisdiction, an applicant can practice without registration for a period of six months.
3. The regulator must publish additional information about applications by out-of-province applicants.
4. Timelines for processing applications for registration under the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 are reduced by referencing calendar days rather than business days. Similar timelines are likely for professions whose mobility requirements are set out in other statutes.
5. Regulations can be made requiring regulators to publish enhanced reports to designated monitors about their labour mobility activities.
6. It will be an offence for professionals to knowingly make false representations under these provisions.
7. There will be an extremely strong immunity provision for regulators acting under these provisions even if they allegedly act in bad faith. Many regulators now will have two immunity provisions to cite if they are sued. The provision will also apply in some circumstances where individuals are seeking a legal remedy other than damages (e.g., specific performance, injunction, or declaration).
8. The authority to make, delegate, or incorporate by reference regulations will be extremely broad.

Regulators will want to monitor these developments closely and participate in any consultation opportunities.