Contents
Whereas the Government of Canada intends to remove federal exceptions under the Canadian Free Trade Agreement;Whereas the Government of Canada wishes to continue to work with provinces and territories towards establishing a national system of mutual recognition in which a good, service or worker that meets the requirements of one Canadian jurisdiction would be recognized as meeting the requirements of all;And whereas Parliament is committed to strengthening the Canadian economy byimproving labour mobility within Canada, andmaking it easier for businesses and Canadians to buy Canadian goods and services through the removal of federal barriers to the interprovincial movement of goods and provision of services, while continuing to protect the health, safety and security of Canadians, their social and economic well-being and the environment;Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
1Short title#
This Act may be cited as the Free Trade and Labour Mobility in Canada Act.
Interpretation
2Definitions#
The following definitions apply in this Act.
federal regulatory body means
(a)in relation to a good or service,
(i)a body that is empowered under an Act of Parliament to regulate the good or service, or
(ii)a body designated by the regulations that regulates the good or service; and
(b)in relation to an occupation,
(i)a body that is empowered under an Act of Parliament to issue authorizations to practise the occupation, or
(ii)a body designated by the regulations that issues authorizations to practise the occupation. (organisme de réglementation fédéral)
federal requirement means a requirement established under an Act of Parliament or by a federal regulatory body. (exigence fédérale)
Minister means the member of the King’s Privy Council for Canada designated under section 6. (ministre)
(a)in relation to a good or service,
(i)a body that is empowered under an Act of the legislature of a province or territory to regulate the good or service, or
(ii)a body designated by the regulations that regulates the good or service; and
(b)in relation to an occupation,
(i)a body that is empowered under an Act of the legislature of a province or territory to issue authorizations to practise the occupation, or
(ii)a body designated by the regulations that issues authorizations to practise the occupation. (organisme de réglementationprovincial ou territorial)
provincial or territorial requirement means a requirement established under an Act of the legislature of a province or territory or by a provincial or territorial regulatory body. (exigence provinciale ou territoriale)
Purpose of Act
4Purpose#
The purpose of this Act is to promote free trade and labour mobility by removing federal barriers to the interprovincial movement of goods and provision of services and to the movement of labour within Canada while continuing to protect the health, safety and security of Canadians, their social and economic well-being and the environment.
His Majesty
Designation of Minister
Removal of Barriers
Goods and Services
7Application#
Sections 8 and 9 apply in respect of a federal requirement only if the federal requirement pertains to
(a)a good or service that is also subject to a provincial or territorial requirement; and
(b)the interprovincial movement of the good or provision of the service.
8Goods#
(1)Subject to the regulations, a good produced, used or distributed in accordance with a provincial or territorial requirement is considered to meet any comparable federal requirement.
(2)For the purposes of subsection (1), a provincial or territorial requirement is considered to be comparable to a federal requirement only if
(a)the requirements are in respect of the same aspect or element of the good;
(b)the requirements are intended to achieve a similar objective; and
(c)any conditions set out in the regulations are met.
(3)The federal regulatory body responsible for the administration and enforcement of a federal requirement may decide, in accordance with subsection (2), whether a provincial or territorial requirement is comparable to the federal requirement.
9Services#
(1)Subject to the regulations, a service provided in accordance with a provincial or territorial requirement is considered to meet any comparable federal requirement so long as the provincial or territorial requirement continues to apply to the service provider.
(2)For the purposes of subsection (1), a provincial or territorial requirement is considered to be comparable to a federal requirement only if
(a)the requirements are in respect of the same aspect or element of the service;
(b)the requirements are intended to achieve a similar objective; and
(c)any conditions set out in the regulations are met.
(3)The federal regulatory body responsible for the administration and enforcement of a federal requirement may decide, in accordance with subsection (2), whether a provincial or territorial requirement is comparable to the federal requirement.
Labour Mobility
10Recognition#
Subject to the regulations, a federal regulatory body must
(a)recognize an authorization to practise an occupation issued by a provincial or territorial regulatory body as comparable to an authorization that the federal regulatory body may issue to practise that occupation; and
(b)on application by the holder of such a provincial or territorial authorization, issue them an authorization to practise that occupation.
Regulations
11Governor in Council#
(1)The Governor in Council may, on the recommendation of the Minister, make regulations respecting federal barriers to the interprovincial movement of goods and provision of services and to the movement of labour within Canada, including regulations
(a)providing for exceptions to subsection 8(1) or 9(1) or section 10;
(b)imposing obligations, prohibitions, conditions and restrictions for the purposes of any of sections 8 to 10;
(c)respecting, for the purposes of subsections 8(2) and 9(2), the meaning of the expressions “same aspect or element” and “achieve a similar objective” or any term used in those expressions;
(d)respecting the meaning of the term “authorization” for the purposes of this Act;
(e)respecting any transitional matters arising from the coming into force of this Act or of any amendments to it; and
(f)respecting anything that by this Act is to be provided for by the regulations.
(2)Before recommending a regulation to the Governor in Council under paragraph (1)(a) in relation to a federal requirement or authorization, the Minister must consult the federal regulatory body responsible for the administration and enforcement of the federal requirement or for the issuance of the authorization.
Limitation of Liability
12Acts done in good faith#
(1)Despite any other Act of Parliament, no civil action lies against His Majesty, a servant or agent of the Crown or a federal regulatory body in respect of anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the course of applying section 8, 9 or 10 or any regulations made for the purposes of any of those sections, including anything in relation to whether provincial or territorial requirements are comparable to federal requirements and the recognition and issuance of authorizations to practise an occupation.
(2)For greater certainty, subsection (1) does not apply in respect of applications for judicial review or to proceedings under Chapter Ten of the Canadian Free Trade Agreement.
Review of Act
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.