Free Trade and Labour Mobility in Canada Act

This Act may be cited as the Free Trade and Labour Mobility in Canada Act.

The following definitions apply in this Act.

federal regulatory body means

in relation to a good or service,

a body that is empowered under an Act of Parliament to regulate the good or service, or

a body designated by the regulations that regulates the good or service; and

in relation to an occupation,

a body that is empowered under an Act of Parliament to issue authorizations to practise the occupation, or

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)

provincial or territorial regulatory body means

in relation to a good or service,

a body that is empowered under an Act of the legislature of a province or territory to regulate the good or service, or

a body designated by the regulations that regulates the good or service; and

in relation to an occupation,

a body that is empowered under an Act of the legislature of a province or territory to issue authorizations to practise the occupation, or

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)

The provisions of this Act and the regulations made under it prevail over the provisions of any other Act of Parliament and any regulations made under any other Act of Parliament to the extent of any conflict between them.

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.

This Act is binding on His Majesty in right of Canada.

The Governor in Council may, by order, designate a member of the King’s Privy Council for Canada as the Minister for the purposes of this Act.

Sections 8 and 9 apply in respect of a federal requirement only if the federal requirement pertains to

a good or service that is also subject to a provincial or territorial requirement; and

the interprovincial movement of the good or provision of the service.

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.

For the purposes of subsection (1), a provincial or territorial requirement is considered to be comparable to a federal requirement only if

the requirements are in respect of the same aspect or element of the good;

the requirements are intended to achieve a similar objective; and

any conditions set out in the regulations are met.

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.

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.

For the purposes of subsection (1), a provincial or territorial requirement is considered to be comparable to a federal requirement only if

the requirements are in respect of the same aspect or element of the service;

the requirements are intended to achieve a similar objective; and

any conditions set out in the regulations are met.

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.

Subject to the regulations, a federal regulatory body must

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

on application by the holder of such a provincial or territorial authorization, issue them an authorization to practise that occupation.

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

providing for exceptions to subsection 8(1) or 9(1) or section 10;

imposing obligations, prohibitions, conditions and restrictions for the purposes of any of sections 8 to 10;

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;

respecting the meaning of the term “authorization” for the purposes of this Act;

respecting any transitional matters arising from the coming into force of this Act or of any amendments to it; and

respecting anything that by this Act is to be provided for by the regulations.

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.

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.

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.

Within five years after the day on which this Act comes into force, the Minister must complete a review of this Act and its operation and cause a report on the review to be laid before each House of Parliament.