Summary#
Bill 14 would make it easier to sell goods and services in New Brunswick when they already meet comparable rules in another Canadian province or territory. It would also make it easier for sellers with comparable certification from another Canadian jurisdiction to receive New Brunswick certification. The bill’s stated goal is to reduce trade barriers within Canada.
The supplied material contains the bill as tabled at first reading in both HTML and PDF formats. It does not include any amendments or evidence that the bill was adopted.
- Goods approved for sale in another Canadian jurisdiction would generally be treated as meeting comparable New Brunswick sales requirements.
- Services approved under comparable rules elsewhere in Canada would generally receive the same treatment.
- Sellers with comparable certification from another Canadian jurisdiction and who are in good standing would be entitled to receive New Brunswick certification.
- New Brunswick regulators would decide whether another jurisdiction’s rules or certification are comparable.
- Regulators could temporarily keep New Brunswick requirements in place when they decide the rules or certification are not comparable.
- The bill excludes some regulated professional services and goods or services covered by exceptions under the Canadian Free Trade Agreement.
What it means for you#
- Businesses and sellers: A business that is allowed to sell a good or service in another Canadian jurisdiction may face fewer separate approval requirements in New Brunswick. The exact effect would depend on whether a New Brunswick regulator finds the other rules comparable.
- Certified sellers: A seller with comparable certification from another province or territory, and a good standing record, would be entitled to receive New Brunswick certification. This could make it easier to enter the New Brunswick market.
- Professionals: The bill does not apply to services that can only be provided by members of certain regulated professions covered by New Brunswick’s fair registration law. The bill also does not give a person a wider scope of practice in New Brunswick than New Brunswick rules allow.
- Consumers: The bill could increase the number of businesses or sellers able to offer goods and services in New Brunswick. The bill does not remove New Brunswick rules about how goods are used or how services are provided in the province.
- Regulators: New Brunswick regulatory bodies would have to assess whether rules and certifications from other Canadian jurisdictions are comparable. They could make temporary orders to keep New Brunswick requirements in place.
- Timing: The bill would start only on a date set by proclamation. The supplied material does not provide a start date.
Expenses#
No fiscal note, budget estimate, fee schedule, or other cost information is included in the supplied material.
- Government costs: The bill may increase administrative work for regulators and the responsible minister, including comparing rules, handling certification requests, publishing notices, and monitoring interim orders. No estimate is available.
- Business costs: Some businesses may save time or money if they no longer need to meet duplicate requirements. Other businesses may still have to meet New Brunswick requirements if their rules or certification are not considered comparable.
- Fees and penalties: The bill does not create a new fee, fine, or penalty.
- Public spending or lost revenue: No publicly available information.
Proponents' View#
- The bill appears intended to reduce barriers that make it harder to sell goods and services across provincial and territorial borders.
- Recognizing comparable approvals could reduce duplicate applications, testing, or certification processes for businesses.
- Easier recognition of sellers could allow businesses and service providers from other Canadian jurisdictions to enter the New Brunswick market more quickly.
- The bill could support mutual recognition arrangements between New Brunswick and other Canadian governments or regulators.
- Keeping New Brunswick requirements for the use of goods and the provision of services could allow some local safety or operating rules to remain in place.
Opponents' View#
- One concern is that the bill gives New Brunswick regulators an important role in deciding whether another jurisdiction’s rules are “comparable,” but it does not explain the detailed test they must use.
- The bill allows the government to make regulations that create different requirements for different goods, services, sellers, or jurisdictions. The effects cannot be fully assessed until those regulations are available.
- Recognizing another jurisdiction’s rules could reduce the use of New Brunswick-specific requirements for the sale of some goods or services. The bill does not identify which requirements would change.
- It is unclear how quickly regulators would have to decide certification or comparability questions, or how a business could challenge a decision.
- The bill gives the Crown, the minister, and regulatory bodies protection from legal proceedings for actions or omissions made in good faith under the comparability and interim-order provisions. This may limit some legal remedies for affected sellers.
- The bill excludes some regulated professional services and Canadian Free Trade Agreement exceptions. This means its benefits may not apply equally across all industries.