2nd Session, 43rd Legislature

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Bill 227

THE FREE TRADE AND MOBILITY WITHIN CANADA ACT

(Assented to                                         )

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

Purpose

1   The purpose of this Act is to promote the free trade of goods, services and investments between Manitoba and other jurisdictions within Canada.

Conflict with other enactments

2   If a provision of this Act or a regulation made under this Act conflicts with a provision of any other enactment, including The Fair Registration Practices in Regulated Professions Act or The Labour Mobility Act or a regulation made under either of those Acts, the provision of this Act or the regulation made under this Act prevails.

Definitions

3   The following definitions apply in this Act.

"reciprocating jurisdiction" means a jurisdiction within Canada, other than Manitoba, that is a party to the Canadian Free Trade Agreement and that is designated under section 4. (« autorité législative pratiquant la réciprocité »)

"regulatory authority" means a person or body that is authorized under an enactment to issue a licence or other form of certification to permit a person to practise a profession or occupation. (« organisme de réglementation »)

Designation of reciprocating jurisdiction

4   The Lieutenant Governor in Council may designate a jurisdiction that is a signatory to the Canadian Free Trade Agreement as a reciprocating jurisdiction if the Lieutenant Governor in Council is satisfied that

(a) laws are in effect in the jurisdiction that are similar to and correspond with this Act; or

(b) the jurisdiction has taken other satisfactory steps to remove barriers to trade in goods, services and investments with Manitoba.

Government not to apply free trade exceptions

5   The government must not apply any party-specific exceptions as outlined in the Canadian Free Trade Agreement with respect to a reciprocating jurisdiction.

Goods to be treated as if they are Manitoba goods

6   Goods manufactured, produced or approved for use in a reciprocating jurisdiction that meet the applicable standards and approvals of the reciprocating jurisdiction

(a) must be treated as if the goods were manufactured, produced or approved for use in Manitoba; and

(b) are not subject to any additional fees or testing under any enactment that would otherwise apply due to the goods having been manufactured, produced or approved for use in another jurisdiction.

Entitlement to Manitoba licence or certification

7(1)   Subject to subsection (2), a person who holds a licence or other form of certification to practise a profession or occupation issued by a regulatory authority of a reciprocating jurisdiction is entitled on application to be issued an equivalent licence or certification by the Manitoba regulatory authority that regulates the same profession or occupation.

Holder must be in good standing, hold insurance

7(2)   Before issuing the licence or other form of certification to the person entitled to receive it, the Manitoba regulatory authority must require the person to provide evidence that the person

(a) is in good standing with the regulatory authority of the reciprocating jurisdiction and that there are no outstanding disciplinary proceedings against the person in the reciprocating jurisdiction; and

(b) holds professional liability insurance satisfactory to the Manitoba regulatory authority.

Acknowledgement of application

7(3)   The Manitoba regulatory authority must, within 10 days after receiving an application for a licence or other form of certification from the person entitled to receive it, provide a written acknowledgment of receipt of the application.

Content of acknowledgement

7(4)   The acknowledgment must include a statement as to whether the application includes the evidence referred to in clauses (2)(a) and (b).

Licence or certificate to be issued within 20 days

7(5)   The Manitoba regulatory authority must issue the licence or other form of certification to the person within 20 days after receiving the evidence referred to in clauses (2)(a) and (b).

Protection from liability

8(1)   No action or other proceeding may be brought or continued against the government or any other person to enforce or determine a right or obligation that is claimed or arises solely under or by virtue of this Act.

Exception

8(2)   Subsection (1) does not apply to a proceeding that is provided for under Chapter 10 of the Canadian Free Trade Agreement.

Regulations

9   The Lieutenant Governor in Council may make regulations

(a) designating jurisdictions as reciprocating jurisdictions;

(b) respecting the evidence that a Manitoba regulatory authority may require under subsection 7(2);

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

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

C.C.S.M. reference

10   This Act may be referred to as chapter F178 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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