Interprovincial Trade Mutual Recognition Act

INTERPROVINCIAL TRADE MUTUAL RECOGNITION ACT Chapter I-9.5 Table of Contents 1 Definitions 2 Non‑application of Act 3 Paramountcy 4 Mutual recognition agreements 5 Mutual recognition rules — goods 6 Mutual recognition rules — services 7 Ministerial orders 8 Requirements relating to ministerial orders 9 Protection from liability 10 Regulations 11 Coming into force HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) “amending order” means an order made by a Minister amending or rescinding an exemption order; (b) “authorization” means certification, registration, licensing or other form of official recognition issued by a regulatory body that permits the holder of the authorization to provide a service in the jurisdiction of the regulatory body; (c) “Canadian Free Trade Agreement” means the Canadian Free Trade Agreement entered into by the governments of Canada, the provinces and the territories on April 6, 2017, including any amendments to that agreement; (d) “Canadian jurisdiction” means Canada or a province or territory of Canada; (e) “entity” means the following, but does not include a regulatory body: (i) a department or ministry or an agency, board, council, committee or commission of the government of a Canadian jurisdiction; (ii) a Crown corporation, commercial enterprise owned by the government of a Canadian jurisdiction or other body owned or controlled by the government of a Canadian jurisdiction through an ownership interest; (iii) a non‑governmental organization that exercises authority delegated under the laws of a Canadian jurisdiction; (iv) a private body, including a corporation, trust, partnership, cooperative, sole proprietorship, joint venture or other form of association, that is (A) constituted, established, organized or registered under the laws of a Canadian jurisdiction, or (B) constituted, established, organized or registered under the laws of a jurisdiction outside Canada and subject to the laws of a Canadian jurisdiction; (f) “exemption order” means an order made by a Minister under section 7(2); (g) “Minister” means a member of the Executive Council of Alberta; (h) “mutual recognition agreement” means an agreement referred to in section 4; (i) “mutual recognition rules” means (i) the provisions of section 5, with respect to goods, and (ii) the provisions of section 6, with respect to services; (j) “New West Partnership Trade Agreement” means the New West Partnership Trade Agreement entered into by the governments of Alberta, British Columbia and Saskatchewan on April 30, 2010, and by the government of Manitoba on November 17, 2016, including any amendments to that agreement; (k) “occupational standard” means the skills, knowledge and abilities established by a regulatory body as required for a profession or occupation and against which the qualifications of an individual in that profession or occupation are assessed; (l) “regulatory body” means a person or body granted authority under the laws of a Canadian jurisdiction to make or implement regulatory measures related to the sale or use of goods or the provision of services in that jurisdiction; (m) “regulatory measure” means a provision of an Act or regulation or an order, directive, requirement, standard, policy, guideline, procedure, process, assessment or other measure, but does not include an occupational standard; (n) “responsible Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act. Non‑application of Act 2 This Act does not apply with respect to (a) a regulated profession to which the Fair Registration Practices Act or Labour Mobility Act applies, (b) a designated trade to which the Fair Registration Practices Act applies, or ( c) any of the following prescribed by the regulations: (i) a Canadian jurisdiction; (ii) an entity; (iii) a body other than an entity; (iv) a good or service; (v) an industry or sector; (vi) a profession or occupation; (vii) any other matter. Paramountcy 3 (1) If this Act is inconsistent or conflicts with an enactment other than the Dangerous Goods Transportation and Handling Act , Emergency Management Act or Public Health Act , this Act prevails to the extent of the inconsistency or conflict. (2) If regulations made under this Act are inconsistent or conflict with regulations made under an Act other than the Dangerous Goods Transportation and Handling Act , Emergency Management Act or Public Health Act , the regulations made under this Act prevail to the extent of the inconsistency or conflict. Mutual recognition agreements 4 The following agreements are mutual recognition agreements for the purposes of this Act: (a) the Canadian Mutual Recognition Agreement on the Sale of Goods; (b) an agreement (i) that Alberta enters into under (A) Part B of Chapter 4 of the Canadian Free Trade Agreement, or (B) article 5(1) of the New West Partnership Trade Agreement, and (ii) that is designated by the regulations as a mutual recognition agreement. Mutual recognition rules — goods 5 (1) Subject to the regulations, 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 a Canadian jurisdiction (a) must be treated as if the good has met the corresponding standards and received the corresponding approvals in Alberta, and (b) must not, subject to subsection (2), be subject to any additional approval or testing requirements or to any fees associated with approval or testing requirements by an Alberta regulatory body. (2) An Alberta regulatory body may require a good referred to in subsection (1) to meet additional approval or testing requirements set out in the regulations. (3) An Alberta regulatory body may require the manufacturer, producer or seller of a good to provide verification in accordance with the regulations, if any, that the good has (a) met the applicable standards and received the applicable approvals in a Canadian jurisdiction, or (b) met any applicable additional approval or testing requirements set out in the regulations. (4) Subject to subsection (1), a good referred to in subsection (1) remains subject to any Alberta laws applicable to the good or the sale or use of the good. Mutual recognition rules — services 6 (1) Subject to the regulations, a service that has met the applicable standards and received the applicable approvals relating to the provision of the service in a Canadian jurisdiction (a) must be treated as if the service has met the corresponding standards and received the corresponding approvals in Alberta, and (b) must not, subject to subsection (2), be subject to any additional approval requirements or to any fees associated with approval requirements by an Alberta regulatory body. (2) An Alberta regulatory body may require a service referred to in subsection (1) to meet additional approval requirements set out in the regulations. (3) Subject to the regulations, if an enactment requires authorization for a service to be provided in Alberta, the provider of the service is entitled to be issued an authorization if the provider holds an equivalent authorization issued in another Canadian jurisdiction and is in good standing with the regulatory body that issued the authorization in that jurisdiction. (4) An Alberta regulatory body may require the provider of a service to provide verification in accordance with the regulations, if any, that (a) the service has (i) met the applicable standards and received the applicable approvals in a Canadian jurisdiction, or (ii) met any applicable additional approval requirements set out in the regulations, or (b) if subsection (3) applies, the provider of the service holds an equivalent authorization issued in another Canadian jurisdiction and is in good standing with the regulatory body that issued the authorization in that jurisdiction. (5) Subject to subsection (1), a service referred to in subsection (1) remains subject to any Alberta laws applicable to the service or the provision of the service. Ministerial orders 7 (1) Each Minister must, with respect to matters under the Minister’s administration that are subject to regulatory measures and a mutual recognition agreement, determine whether the mutual recognition rules should not apply to any of those matters, taking into account the purposes and intent of the mutual recognition agreement and the mutual recognition rules. (2) If a Minister determines that the mutual recognition rules should not apply to a matter, the Minister must, by order, designate that matter as exempt from the application of those rules. (3) A Minister must consult the responsible Minister before making an exemption order or amending order. (4) Exemption orders and amending orders must be made, provided to the responsible Minister and published in accordance with any requirements established by the responsible Minister under section 8. Requirements relating to ministerial orders 8 The responsible Minister may establish requirements respecting the following matters: (a) the form of exemption orders or amending orders; (b) the provision of exemption orders or amending orders to the responsible Minister; (c) the publication of exemption orders or amending orders; (d) procedural or administrative matters relating to exemption orders or amending orders. Protection from liability 9 No action or other proceeding may be brought against the Crown, a Minister or an employee or agent of the Crown for anything done or not done in good faith while exercising or purporting to exercise a power or performing or purporting to perform a duty or function under this Act or the regulations. Regulations 10 (1) The Lieutenant Governor in Council may make regulations (a) respecting the non‑application of this Act, including regulations prescribing that this Act does not apply with respect to (i) Canadian jurisdictions, (ii) entities, (iii) bodies other than entities, (iv) goods or services, (v) industries or sectors, (vi) professions or occupations, or (vii) other matters; (b) designating agreements as mutual recognition agreements; (c) respecting the application or non‑application of the mutual recognition rules with respect to (i) Canadian jurisdictions, (ii) manufacturers, producers or sellers of goods or providers of services, (iii) regulatory bodies, (iv) bodies other than entities, (v) goods or services, (vi) industries or sectors, or (vii) other matters; (d) respecting circumstances, terms, conditions and limitations with respect to the application or non‑application of the mutual recognition rules; (e) establishing different classes of (i) Canadian jurisdictions, (ii) entities, (iii) regulatory bodies, (iv) bodies other than entities, (v) goods or services, (vi) industries or sectors, (vii) professions or occupations, or (viii) other matters; (f) respecting the standards and approvals of Canadian jurisdictions and their correspondence to the standards and approvals of Alberta; (g) respecting additional approval or testing requirements for the purposes of section 5(2) and additional approval requirements for the purposes of section 6(2); (h) respecting verification of (i) standards and approvals for the purposes of sections 5(3) and 6(4)(a), and (ii) authorizations for the purposes of section 6(4)(b); (i) defining any word or expression used but not defined in this Act; (j) respecting anything the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act. (2) A regulation made under subsection (1)(c) or (d) with respect to matters subject to a specific mutual recognition agreement must be consistent with that mutual recognition agreement. (3) A regulation made under subsection (1)(c) or (d) may authorize an entity referred to in section 1(e)(i) or (iii) or a regulatory body to determine whether circumstances, terms, conditions or limitations set out in the regulations have been met and to provide for the application or non‑application of the mutual recognition rules based on that determination. (4) A regulation made under subsection (1) may (a) be general or specific in its application, or (b) provide differently for (i) different Canadian jurisdictions, (ii) different entities, (iii) different regulatory bodies, (iv) different bodies other than entities, (v) different goods or services, (vi) different industries or sectors, (vii) different professions or occupations, (viii) different matters, or (ix) different classes of anything referred to in subclauses (i) to (viii). Coming into force 11 This Act comes into force on Proclamation.