2nd Session, 43rd Legislature

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Bill 47

THE FAIR TRADE IN CANADA (INTERNAL TRADE MUTUAL RECOGNITION) ACT AND AMENDMENTS TO THE COMMEMORATION OF DAYS, WEEKS AND MONTHS ACT (BUY MANITOBA, BUY CANADIAN DAY)

(Assented to                                         )

WHEREAS the removal of trade barriers for goods and services through mutual recognition enhances prosperity in Manitoba and Canada;

AND WHEREAS a competitive economy that is open to trade and encourages domestic buying keeps Canada the true North strong and free;

THEREFORE HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Fair Trade in Canada (Internal Trade Mutual Recognition) Act

1   The Fair Trade in Canada (Internal Trade Mutual Recognition) Act set out in Schedule A is hereby enacted.

Commemoration of Days, Weeks and Months Amendment Act

2   The Commemoration of Days, Weeks and Months Amendment Act (Buy Manitoba, Buy Canadian Day) set out in Schedule B is hereby enacted.

Coming into force

3(1)   Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force of Schedules

3(2)   The Schedules to this Act come into force as provided in the coming into force section at the end of each Schedule.

SCHEDULE A

THE FAIR TRADE IN CANADA (INTERNAL TRADE MUTUAL RECOGNITION) ACT

TABLE OF CONTENTS

Section

1     Definitions

2     Purpose

3     Non-application

4     Designation of reciprocating jurisdiction

5     Mutual recognition

6     Conflict

7     Regulations

8     C.C.S.M. reference

9     Coming into force

THE FAIR TRADE IN CANADA (INTERNAL TRADE MUTUAL RECOGNITION) ACT

Definitions

1(1)   The following definitions apply in this Act.

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

"reciprocating jurisdiction" means a jurisdiction designated by regulation under section 4. (« autorité pratiquant la réciprocité »)

"regulatory body" means a person or body that has been granted authority under an Act to set or implement measures related to the trade in goods or supply of services in the jurisdiction of the person or body. (« organisme de réglementation »)

Reference to "Act" includes regulations

1(2)   A reference to "this Act" includes the regulations made under this Act.

Purpose

2   The purpose of this Act is to remove barriers to the trade in goods and the supply of services between Manitoba and other jurisdictions within Canada.

Non-application

3   This Act does not apply to the following:

(a) the provision of goods or services by a corporation or other body referred to in or under section 2 of The Crown Corporations Governance and Accountability Act;

(b) a profession to which The Fair Registration Practices in Regulated Professions Act applies;

(c) an occupation to which The Labour Mobility Act applies;

(d) an entity, good or service or other profession or occupation exempted by regulation.  

Designation of reciprocating jurisdiction

4   If the Lieutenant Governor in Council has determined that Canada or another province or territory

(a) has in force legislation similar to and corresponding with this Act; or

(b) has taken other satisfactory steps in relation to the purpose of this Act;

the Lieutenant Governor in Council may, by regulation, designate Canada or the other province or territory as a reciprocating jurisdiction.

Mutual recognition

5(1)   The Lieutenant Governor in Council may, by regulation, provide that mutual recognition rules apply with respect to a reciprocating jurisdiction.

Mutual recognition rules

5(2)   Subject to the regulations, the mutual recognition rules are as follows:

Goods

1.A good that has met the applicable standards and received the applicable approvals relating to the certification, composition, performance, production, manufacture, quality, marketing, labelling, testing, inspection or use of the good in the reciprocating jurisdiction

(a) must be treated as if the good has met the corresponding standards and received the corresponding approvals in Manitoba;

(b) must not be subject to any additional approval requirements (including, without limitation, testing requirements) or to any fees associated with approval requirements by a Manitoba regulatory body; and

(c) despite clauses (a) and (b), is subject to any laws applicable to the provision of the good in Manitoba.

Services

1.A service that has met the applicable standards and received the applicable approvals for the service in the reciprocating jurisdiction

(a) must be treated as if the service has met the corresponding standards and received the corresponding approvals in Manitoba;

(b) must not be subject to any additional approval requirements (including, without limitation, marketing or testing requirements) or to any fees associated with approval requirements by a Manitoba regulatory body; and

(c) despite clauses (a) and (b), is subject to any laws applicable to suppliers of the service in Manitoba.

2.If certification is required under a Manitoba enactment to provide a service in Manitoba, the supplier of the service is entitled to be issued certification if the supplier holds equivalent certification in the reciprocating jurisdiction and is in good standing with the regulatory body.

Conflict

6(1)   If there is a conflict or inconsistency between this Act and a Manitoba enactment or regulatory measure for standards, approvals or certifications in respect of a good or service to which this Act applies, this Act prevails to the extent of the conflict.

Regulations amended or repealed where conflict

6(2)   The Lieutenant Governor in Council may, by regulation, amend or repeal a regulation to achieve consistency for the purpose of this Act even if the regulation was made or approved by a minister or group of ministers, an individual, a government agency or a regulatory body.

Multiple regulations and restriction on amendments

6(3)   For the purpose of subsection (2),

(a) a regulation may amend more than one regulation at the same time; and

(b) nothing in that subsection authorizes an amendment to a regulation that would not have been authorized by the Act under which the regulation was made.

Request to amend or repeal regulatory measures where conflict

6(4)   The responsible minister may request that a regulatory body

(a) amend a regulatory measure to make it comply with this Act and, in doing so, may provide directions as to how the regulatory measure should read or what it should or should not contain; or

(b) repeal a regulatory measure.

The regulatory body must comply promptly with the request.

Ministerial power

6(5)   If the regulatory body does not comply with the request within 60 days, the responsible minister may, by order, do one or more of the following:

(a) make a regulatory measure that complies with this Act;

(b) amend a regulatory measure to make it comply with this Act;

(c) repeal a regulatory measure that does not comply with this Act.

Definitions

6(6)   The following definitions apply in this section.

"regulatory measure" means a directive, guideline, program, policy or administrative practice or procedure. (« mesure de réglementation »)

"responsible minister" means, in relation to a particular Act, the minister assigned responsibility for that Act by the Lieutenant Governor in Council. (« ministre responsable »)

Regulations

7(1)   The Lieutenant Governor in Council may make regulations

(a) governing the application of the mutual recognition rules set out in section 5, including governing whether a good or service has satisfied a condition specified in the rules;

(b) prescribing circumstances, conditions and limitations on the application of the mutual recognition rules to

(i) reciprocating jurisdictions,

(ii) goods or manufacturers, producers or sellers of goods,

(iii) services or suppliers of services, and

(iv) specific industries or sectors;

(c) exempting entities, goods, services, professions or occupations from the application of this Act and prescribing circumstances, conditions and limitations for those exemptions;

(d) permitting a Manitoba regulatory body to require the supplier of a service to satisfy additional prescribed requirements before certification as a result of rule 2 of the mutual recognition rules set out in section 5;

(e) defining any word or phrase used but not defined in this Act;

(f) providing for any transitional matters arising from the enactment of this Act;

(g) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Classes

7(2)   A regulation made under subsection (1) may be general or particular in its application and may apply to one or more classes of goods, services or persons and to the whole or any part of the province.

C.C.S.M. reference

8   This Act may be referred to as chapter F13 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

9   This Act comes into force on the day it receives royal assent.

SCHEDULE B

THE COMMEMORATION OF DAYS, WEEKS AND MONTHS AMENDMENT ACT  (BUY MANITOBA, BUY CANADIAN DAY)

C.C.S.M. c. C150.5 amended

1   The Commemoration of Days, Weeks and Months Act is amended by this Act.

2   The following is added as Schedule 19.1.2:

SCHEDULE 19.1.2
BUY MANITOBA, BUY CANADIAN DAY

WHEREAS the Government of Manitoba is committed to fostering economic growth and supporting local businesses;

AND WHEREAS Buy Manitoba, Buy Canadian Day will be an opportunity for Manitobans to celebrate the best of Manitoba and Canada by purchasing from local businesses and choosing products that are made in Manitoba or elsewhere in Canada;

AND WHEREAS when Manitobans come together to buy local, our collective purchasing power strengthens local industries, creates jobs and builds a prosperous and resilient economy for generations to come;

THEREFORE the following is proclaimed throughout Manitoba:

Buy Manitoba, Buy Canadian Day

1

In each year, June 1 is to be known as Buy Manitoba, Buy Canadian Day.

Coming into force

3   This Act comes into force on the day it receives royal assent.