Comparable Rules Could Ease Cross-Canada Sales

Summary#

The Free Trade Within Canada Act is a proposed new New Brunswick law. It would set rules for recognizing goods, services and seller certifications from other Canadian jurisdictions; its stated goal is to remove barriers to trade. The bill is at first reading, so it is not law, and it would start only on a day set by proclamation. The supplied material contains the introduced bill, not later amendments.

  • New Brunswick regulatory bodies would have to decide whether another jurisdiction’s rules or certifications are comparable to New Brunswick’s.
  • If they are comparable, goods or services sold under the other jurisdiction’s rules would generally be treated as meeting comparable New Brunswick sale requirements. A seller with comparable certification and in good standing would be entitled to New Brunswick certification, subject to possible regulations.
  • A regulatory body could make a temporary order to keep New Brunswick requirements in place if it finds the other jurisdiction’s rules or certification are not comparable.
  • The Lieutenant-Governor in Council could make regulations setting exceptions or partial requirements for specified goods, services or sellers. The Act would prevail over conflicting New Brunswick rules, subject to its interim-order provision.
  • Services that may only be provided by members of professions covered by the Fair Registration Practices in Regulated Professions Act are excluded, as are goods and services covered by specified Canadian Free Trade Agreement exceptions.

What it means for you#

  • Businesses and sellers: If you sell goods or services in New Brunswick, comparable rules or certification from another Canadian jurisdiction could count toward New Brunswick requirements. Regulations could require some sellers to meet all or part of New Brunswick requirements.
  • People providing services: The bill would not give someone a larger scope of practice in New Brunswick just because their certification elsewhere permits it. New Brunswick requirements for providing a service would still apply.
  • New Brunswick regulatory bodies: They would have to assess comparability. They could make interim orders in cases they find not comparable, but would have to publish notice and inform the Minister.
  • Minister and government: The Minister of Intergovernmental Affairs would administer the Act and could make agreements or arrangements with other governments or regulatory bodies. The Lieutenant-Governor in Council could make regulations.
  • General public: The bill does not itself set a new fee, fine or public service, or require every good, service or seller to be recognized.

Money#

No cost information is in the available material.

  • Regulatory bodies would have comparability decisions to make, and the Minister could designate people to act on the Minister’s behalf. The bill gives no estimate of staffing or costs.
  • The bill does not set fees, fines or a dedicated fund.

What is unclear#

  • The bill does not define “comparable,” or set detailed decision rules, timelines or an appeal process.
  • Regulations could shape which goods, services and sellers must still meet New Brunswick requirements, but none are included.
  • The bill does not say how the required assessments would be handled in practice, or how much oversight they would receive.
  • The length of interim orders depends on regulations; the bill supplies no period.
  • The start date depends on proclamation.

Case for#

  • The bill appears intended to reduce repeated compliance steps when goods, services or sellers already meet comparable rules elsewhere in Canada.
  • A possible argument for the approach is that mutual recognition could make it easier to sell across provincial and territorial borders without removing New Brunswick’s ability to keep requirements in place when rules are not comparable.
  • The bill allows the province to make agreements with other governments or regulatory bodies to support recognition.

Case against#

  • One concern is that “comparable” is undefined, while New Brunswick regulatory bodies would make the decisions. The bill does not set out a detailed decision process or appeal route.
  • The Act would prevail over conflicting New Brunswick rules, and the bill does not yet show how broadly regulations might limit that effect.
  • Interim orders are temporary, and their duration depends on regulations. The bill does not explain what happens in practice while a comparability decision or order is in effect.