Summary#
Bill 14, the Free Trade Within Canada Act, is a first-reading bill that would create a new New Brunswick law; it does not amend an existing Act. Its stated goal is to remove barriers to trade in goods and services between New Brunswick and other Canadian jurisdictions. It would start only on a date set by proclamation, and no amendments or later version are included in the supplied material.
- For goods and services sold in another Canadian jurisdiction, comparable New Brunswick rules about their sale would generally be treated as satisfied, subject to regulations and listed exceptions.
- A seller who needs New Brunswick certification (official recognition needed to sell a good or service) would be entitled to it if they hold comparable certification from another Canadian jurisdiction and are in good standing. Regulations could require some sellers to meet New Brunswick requirements.
- New Brunswick regulatory bodies would decide whether another jurisdiction’s rules or certification are comparable. If they decide they are not, they may make an interim order to keep specified New Brunswick rules in place.
- The bill excludes certain services provided only by regulated professionals, and goods or services covered by specified exceptions in the Canadian Free Trade Agreement. The bill’s regulations could also require New Brunswick rules to be met by specified goods, services or sellers.
- The Minister of Intergovernmental Affairs would administer the Act and may make agreements with other governments or regulatory bodies to help put it into effect.
What it means for you#
- Businesses selling goods or services: If your goods or services meet comparable rules in another Canadian jurisdiction, those rules would generally count as meeting comparable New Brunswick rules about sale. Regulations and exceptions could limit this. The bill does not remove New Brunswick requirements for using goods or providing services in the province.
- Sellers needing certification: Comparable certification and good standing would entitle you to New Brunswick certification, subject to the bill’s rules and any regulations. Certification from elsewhere would not give you a broader scope of practice in New Brunswick than New Brunswick allows.
- Regulatory bodies: You would have to decide whether rules and certifications from other jurisdictions are comparable. If you find they are not, you may make an interim order to maintain specified New Brunswick requirements. You must publish notice and inform the Minister.
- Public and taxpayers: The bill does not directly change taxes, create a new public service or provide a new benefit. It would bind the provincial Crown (the government).
Money#
No publicly available information on the bill’s public cost, business costs or savings.
- The bill does not specify a budget or staffing level. Regulatory bodies would have to make comparability decisions; any added administrative cost is not estimated in the supplied material.
- The bill does not set fees, fines or payments.
What is unclear#
- The bill does not define how regulatory bodies must assess whether rules or certifications are “comparable.”
- It does not set out an application process, decision timelines, appeal rights or reporting requirements.
- Regulations could set important limits, but none are included in the supplied material.
- The Canadian Free Trade Agreement exceptions are not listed in the bill text supplied, so the affected goods and services cannot be identified here.
- The bill does not give a start date. Its passage is uncertain, and the supplied material does not include later amendments or a consolidated version.
- The current rules for particular goods, services and certifications cannot be verified from the supplied material, which does not include the relevant existing laws.
Case for#
- The bill appears intended to reduce duplicate rules for goods and services already regulated in another Canadian jurisdiction.
- A possible argument for the approach is that recognizing comparable rules and certifications could make it easier for sellers to operate across provincial and territorial borders.
- The bill allows New Brunswick bodies to keep specified local requirements in place when they find another jurisdiction’s rules or certification are not comparable.
Case against#
- One concern is that the bill leaves “comparable” undefined and gives regulatory bodies responsibility for deciding it, without setting out a test or appeal process.
- The regulations could substantially affect which goods, services and sellers receive recognition, but their content is not provided.
- It is unclear how often interim orders might be used, how long they would last in practice, or how the government would oversee the decisions.
- A possible trade-off is that fewer duplicate requirements could also mean less use of New Brunswick rules for sales, while the bill does not explain how that change would affect particular protections.