Interpretation

Marginal note:Definition of Act

• 1 (1) In these Regulations, Act means the Free Trade and Labour Mobility in Canada Act.

• Marginal note:Definition of authorization

  (2) For the purposes of the Act and these Regulations, authorization means

  • (a) a licence or certificate issued by a provincial or territorial regulatory body that authorizes the practice of an occupation;

  • (b) a licence or certificate issued by a federal regulatory body under an Act of Parliament that authorizes the practice of an occupation; or

  • (c) both a licence referred to in paragraph (b) and its related membership, if both are required under an Act of Parliament to practise the occupation.

Goods and Services

Marginal note:Requirements — same aspect or element

• 2 (1) For the purposes of paragraphs 8(2)(a) and 9(2)(a) of the Act, a provincial or territorial requirement and a federal requirement are in respect of the same aspect or element of a good or service if

  • (a) in the case of a good, the requirements are in respect of

    • (i) the same regulated person or entity, such as the producer or distributor of the good, or the same stage in the life cycle of the good, and

    • (ii) the same feature, characteristic or function of the good or the same activity or process that pertains to the good; and

  • (b) in the case of a service, the requirements are in respect of

    • (i) the same service provider, and

    • (ii) the same feature, characteristic or function of the service or the same activity or process that pertains to the service.

• Marginal note:For greater certainty — same aspect or element

  (2) For greater certainty, the fact that the provincial or territorial requirement is in respect of the distribution of the good or provision of the service within the province or territory and the federal requirement is in respect of the distribution of the good or provision of the service between provinces and territories is not relevant to determining whether the provincial or territorial requirement and the federal requirement are in respect of the same aspect or element of the good or service.

• Marginal note:For greater certainty — same aspect or element

  (3) For greater certainty, a provincial or territorial requirement and a federal requirement to hold a licence, registration or other type of permit in order to conduct an activity are not in respect of the same aspect or element of the good or service.

• Marginal note:Requirements — achieve a similar objective

  (4) For the purposes of paragraphs 8(2)(b) and 9(2)(b) of the Act, a provincial or territorial requirement is intended to achieve a similar objective as a federal requirement if it seeks to advance the same public interest as the federal requirement, such as

  • (a) the health, safety or security of Canadians;

  • (b) environmental or consumer protection; or

  • (c) economic efficiency or market fairness.

Marginal note:Exceptions respecting goods

3 Subsection 8(1) of the Act does not apply in respect of a federal requirement under the Agricultural Products Marketing Act, the Canadian Dairy Commission Act, the Farm Products Agencies Act, the Safe Food for Canadians Act or section B.01.042 or B.01.043 of the Food and Drug Regulations.

Marginal note:Restriction respecting goods

4 The application of subsection 8(1) of the Act is restricted to goods other than those that are defined as or considered to be hazardous waste, or hazardous recyclable material, in the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations, for the purposes of the Canadian Environmental Protection Act, 1999 and those Regulations.

Marginal note:Condition respecting goods

5 For the purposes of paragraph 8(2)(c) of the Act, the provincial or territorial requirement must be a requirement under a law of a province or territory in which the activities of the producer or distributor of the good are governed or regulated.

Labour Mobility

Marginal note:Conditions respecting authorizations

6 For the purposes of section 10 of the Act, a federal regulatory body must not recognize or issue an authorization unless

• (a) the holder of the provincial or territorial authorization is in good standing with the provincial or territorial regulatory body that issued the authorization; and

• (b) the holder of the provincial or territorial authorization has

  • (i) paid to the federal regulatory body any applicable fee related to the issuance of the federal authorization, including any one-time fee, as well as any fees or dues for a membership to an association that is required under an Act of Parliament to practise an occupation,

  • (ii) taken any applicable oath or solemn affirmation related to the issuance of the federal authorization, and

  • (iii) in the case of an authorization issued under the Railway Employee Qualification Standards Regulations, successfully completed any applicable examination and assessment required under those Regulations that ensure that the holder is competent to perform their required duties.

Coming into Force

Marginal note:S.C. 2025, c. 2, s. 2

Footnote ^*7 These Regulations come into force on the day on which the Free Trade and Labour Mobility in Canada Act, as enacted by section 2 of chapter 2 of the Statutes of Canada, 2025, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force January 1, 2026, see SI/2025-107.]