March 4, 2025
The Honourable Tim Houston
Office of the Premier
7th Floor, One Government Place
1700 Granville Street
Halifax, Nova Scotia
B3J 1X5
Sent Via Email: [email protected]
Subject: Concerns with Bill 36, the Free Trade and Mobility within Canada Act.
Mr. Premier,
On behalf of the Nova Scotia College of Social Workers (the “College”), we are writing to express considerable concern with Bill 36 – the Free Trade and Mobility within Canada Act.
Bill 36 does not move Nova Scotia forward; it sets it back.
As the professional regulator of the social work profession in the Nova Scotia, the College is statutorily mandated to serve and protect the public interest, in the case of social work this often means the most vulnerable people in Nova Scotia. What this means is that the College is responsible, by law, for safeguarding Nova Scotians who access social work services.
Over the past decade, the College and its counterparts across Canada, have made significant progress in enhancing labour mobility within the social work profession. These efforts have focused on ensuring the prompt and effective recognition of qualifications, streamlining verification processes as well as opening tele-practice registration to social workers in other provinces.
The College expresses disappointment at not being consulted prior to the introduction of Bill 36. Research consistently demonstrates that collaboration among regulators, government, and the public produces the most effective regulations with the least negative consequences.
We understand that Bill 36 reflects a response to economic threats posed by the U.S. administration, particularly concerning Canadian sovereignty and security. We share your commitment to building a strong and independent Nova Scotian economy. However, we question an economic strategy rooted in austerity, deregulation, and resource extraction. This approach has historically exacerbated inequality, which has lowered living standards for the most vulnerable, and created the political conditions that allowed leaders like the U.S. president to ascend to power.
While we remain dedicated to collaborating on improvements in labour mobility, the data highlights that total interprovincial trade in 2021 reached $451 billion, a 44 percent increase since 2007. This growth compares to a 47 percent rise in international exports and a 56 percent increase in imports over the same period. Economist Marc Lee has raised concerns regarding the touted benefits of “mutual recognition” of regulations, warning that such policies could undermine provincial authority to enact laws safeguarding public safety, the environment, and consumer protection. Additionally, the associated economic forecasts appear to be overstated. It is essential that these discussions proceed with caution to prevent any unintended harm to the progress we have collectively achieved.
While not a “health profession,” the College shares similar concerns to those expressed by the Nova Scotia Regulated Health Professions Network about the impacts of Bill 36 on public health and safety.
The College serves and protects Nova Scotians by ensuring only those with the requisite character, competence, and capacity are entitled to practise social work in this province. As currently drafted, Bill 36 permits a person “who has met the requisite standards and approvals” in a reciprocating Canadian province or territory to be automatically considered “as if” they were registered in Nova Scotia here, without any requirements whatsoever.
Effectively, Bill 36 permits a social worker from a reciprocating province or territory to practise in Nova Scotia without having to:
- register with the College;
- maintain professional liability insurance;
- obtain a criminal record check; or
- vet their professional conduct history.
It is entirely counter to the public interest to permit a social worker from a reciprocating province or territory to provide services in Nova Scotia without any consideration of the social worker’s character, competence, or capacity. The most vulnerable Nova Scotians deserve better.
Under Bill 36, the College lacks jurisdiction to investigate or address complaints against social workers from reciprocating provinces or territories in Canada. This means that if a Nova Scotian is harmed due to the professional misconduct or incompetence of such a social worker, they will have no means to seek redress through the College. Furthermore, the regulatory body in the other jurisdiction will also be unable to investigate or act if the misconduct occurs outside their area of authority.
Bill 36 grants carte blanche to social workers from a reciprocating Canadian province or territory.
Pursuant to Bill 36, the College will have no oversight whatsoever regarding the conduct of social workers from a reciprocating Canadian province or territory practising in Nova Scotia. Regardless of the intent of Bill 36, such a situation is untenable and grossly contrary to public safety of Nova Scotians who access social work services.
The College, along with many other regulated professions in Nova Scotia, have been actively working to understand and implement the recommendations outlined in Chapter 19 of the Mass Casualty Commission report. This report highlights the significant barriers that vulnerable individuals face when attempting to voice concerns or provide feedback about the services they have received from a regulated professional.
However, Bill 36 undermines efforts to reduce barriers to filing complaints, and thus limits regulators’ efforts to build trust with marginalized communities. As drafted, Bill 36 will deprive Nova Scotians harmed by a social worker from a reciprocating province or territory from filing a complaint with the College. This moves the College backwards in its ability to address vital issues such as accessibility, accountability, and trust in our systems and services.
Currently, over 200 social workers registered in other Canadian provinces and territories provide telepractice social work services to Nova Scotians. Last year, the College received two complaints from the public involving social workers from other Canadian provinces or territories who provided telepractice social work services to Nova Scotians. However, Bill 36 completely erodes the College’s oversight of social workers from a reciprocating Canadian province or territory who provide telepractice social work services to Nova Scotia. This presents unacceptable risk to Nova Scotians.
The College believes that the problems Bill 36 intends to solve are overstated and bring more risk than reward to vulnerable Nova Scotians. The College, in conjunction with its counterparts across the country, has adopted a number of measures in recent years to streamline its registration and licensing processes to reduce barriers to practice. The College recognizes the importance of labour mobility and relies on the provisions of the Canadian Free Trade Agreement and the Fair Registration Practices Act to act expeditiously to recognize valid extra-provincial credentials.
Each of the issues outlined in this letter is particularly troubling given the uniquely vulnerable populations that social workers serve. Public safety and professional integrity depend on ensuring that social workers demonstrate the character, competence, and capacity required to effectively serve Nova Scotians. Bill 36 undermines these assurances, which will have serious consequences for trust, professional integrity, and the delivery of high-quality services.
The bottom line is this: the College’s statutory mandate, entrusted to it by the government, is to protect the public interest of Nova Scotians who access social work services. By stripping the College of its power to regulate a potentially significant number of social workers who offer services in Nova Scotia, but are registered in reciprocating provinces and territories, Bill 36 critically undermines the College’s ability to fulfill this critical mandate.
We urge you to consider these risks, as we are not confident, they can be adequately addressed simply through regulation.
We would be pleased to address our concerns further with you or your appropriate representative.
I can be reached at [email protected] or 902-429-7799 x224.
Sincerely,
Alec Stratford, MSW, RSW
Executive Director/Registrar
CC: Honourable Scott Armstrong, Honourable Brian Comer, Honourable Michelle Thomson, Robert Wright – NSCSW President