BILL 14

Free Trade Within Canada Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1 The following definitions apply in this Act.

“Canadian Free Trade Agreement” means the Canadian Free Trade Agreement signed in 2017 by the Government of Canada and the governments of the provinces and territories of Canada, as amended from time to time. (Accord de libre-échange canadien)

“Canadian jurisdiction” means Canada or a province or territory of Canada. (autorité législative canadienne)

“certification” means certification, registration, licensing or another form of official recognition issued by a regulatory body that permits the holder to sell a good or service in that jurisdiction. (reconnaissance professionnelle)

“Minister” means the Minister of Intergovernmental Affairs. (ministre)

“regulatory body” means a person or body that has been granted authority under an Act of a Canadian jurisdiction to make or administer regulatory measures or to grant certification in that jurisdiction. (organisme de réglementation)

“regulatory measure” means any provision of an Act, regulation, decree, standard, order, requirement, procedure, process, assessment or other instrument of a Canadian jurisdiction that regulates the sale of goods or services. (mesure réglementaire)

Application

2 This Act does not apply to

(a)  services that may only be provided by a member of a regulated profession referred to in the Fair Registration Practices in Regulated Professions Act, or

(b)  goods and services referred to in the Canadian Free Trade Agreement for which

( i) a general exception is established in that agreement, or

( ii) a party-specific exception for New Brunswick is adopted or maintained under that agreement, or

(c)  New Brunswick regulatory measures that apply to the goods and services referred to in paragraph (b).

Conflict

3 Subject to section 10, if a provision of this Act or the regulations under this Act conflicts with a provision of a New Brunswick regulatory measure, the provisions of this Act and the regulations under this Act prevail.

This Act binds the Crown

4 This Act binds the Crown in right of the Province.

Purpose

5 The purpose of this Act is to remove barriers to the trade in goods and services between New Brunswick and other Canadian jurisdictions.

Recognition of goods

6( 1) Subject to the regulations, a good sold in accordance with a regulatory measure of another Canadian jurisdiction shall be considered to satisfy the requirements of all comparable New Brunswick regulatory measures.

6( 2) For greater certainty, the use of any good in New Brunswick remains subject to New Brunswick legislative requirements.

Recognition of services

7( 1) Subject to the regulations, a service sold in accordance with a regulatory measure of another Canadian jurisdiction shall be considered to satisfy the requirements of all comparable New Brunswick regulatory measures.

7( 2) For greater certainty, the provision of a service in New Brunswick remains subject to New Brunswick legislative requirements.

Recognition of sellers of goods and services

8( 1) When certification issued under New Brunswick law is required to sell a good or service in New Brunswick, the seller of the good or service is entitled to receive certification if the seller holds comparable certification issued under the law of another Canadian jurisdiction and is in good standing with the regulatory body concerned.

8( 2) For greater certainty, a seller of a good or service who, under comparable certification issued by the regulatory body of another Canadian jurisdiction, has a larger scope of practice than is provided for in New Brunswick is not deemed to have that larger scope of practice for the purposes of practising their profession in New Brunswick.

Determination of comparability

9 For the purposes of subsections 6(1), 7(1) and 8(1), the New Brunswick regulatory body concerned shall determine whether or not a regulatory measure or a certification, as the case may be, of another Canadian jurisdiction is comparable to a New Brunswick regulatory measure or certification.

Interim orders

10( 1) If the regulatory body concerned determines, in accordance with section 9, that a regulatory measure or a certification, as the case may be, of another Canadian jurisdiction is not comparable to a New Brunswick regulatory measure or certification, the regulatory body may make an interim order requiring

(a)  one or more New Brunswick regulatory measures to be maintained with respect to the sale of a good or service, or

(b)  one or more New Brunswick legislative requirements to be maintained with respect to the attainment of certification.

10( 2) If the regulatory body makes an interim order under subsection (1), the regulatory body shall publish a notice in accordance with the regulations and shall inform the Minister as soon as the circumstances permit.

10( 3) An interim order is valid for the period prescribed by regulation.

10( 4) Nothing in this section prevents the Lieutenant-Governor in Council from making a regulation under section 14 after the expiry of the period referred to in subsection (3).

Immunity

11 No action or other proceeding lies or shall be instituted against the Crown in right of the Province, the Minister or a New Brunswick regulatory body for anything done or purported to be done in good faith by any of them or in relation to anything omitted in good faith by any of them in the exercise or intended exercise of a power or duty under section 9 or 10, including anything in relation to whether a regulatory measure or certification, as the case may be, of another Canadian jurisdiction is comparable to a New Brunswick regulatory measure or certification.

Administration

12 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Agreements and arrangements

13 The Minister may enter into agreements or other arrangements with the government of a Canadian jurisdiction or with a regulatory body of a Canadian jurisdiction to further the effective implementation of this Act, including the mutual recognition of goods and services.

Regulations

14( 1) The Lieutenant-Governor in Council may make regulations

(a)  prescribing goods or services that must satisfy, in whole or in part, the requirements of New Brunswick regulatory measures respecting their sale;

(b)  prescribing sellers of goods or services who must satisfy, in whole or in part, New Brunswick legislative requirements in order to attain certification;

(c)  prescribing the manner of publication of a notice for the purposes of subsection 10(2);

(d)  prescribing the period of validity of an interim order, including a maximum period, for the purposes of subsection 10(3);

(e)  defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both.

14( 2) A regulation under paragraph (1)(a) or (b) may

(a)  be general or specific in its application,

(b)  create different classes of goods, services or sellers of goods or services, and

(c)  impose different regulatory measures or legislative requirements on or in respect of

( i) goods, services or sellers of goods or services,

( ii) classes referred to in paragraph (b), or

( iii) Canadian jurisdictions.

Commencement

15 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.