Free Trade within Canada Act user guide

The Free Trade within Canada Act (FTWCA) operates by applying the principle of regulatory recognition in two key areas:

• goods and services approved for sale
• certifications required to sell a good or service

It’s important to note that the FTWCA does not regulate how a good is used or how a service is provided within province. The use of goods and the provision of services in the province remain subject to New Brunswick’s laws and regulations.

While the act applies to a wide range of goods and services, it does not cover everything. Businesses need to understand what is in scope to fully leverage its benefits.

There are four categories of regulatory measures that the FTWCA does not apply to:

• privately regulated professions and trades
• general exceptions under the Canadian Free Trade Agreement (CFTA)
• New Brunswick specific exceptions under the CFTA
• maintained regulatory requirements

If a good or a service is sold in accordance with the regulatory measures of another Canadian jurisdiction (meaning the Government of Canada or another province or territory), it can be sold in New Brunswick without needing to meet additional requirements specified in New Brunswick’s regulatory measures, unless any requirements have been maintained for that good or service.

In practical terms, this means New Brunswick will accept goods and services that meet the sale-related rules of other Canadian jurisdictions. This eliminates the need for duplicate testing or approvals before the sale happens.

For businesses, the process is straightforward: If your good or service is approved for sale in another Canadian jurisdiction, and there are no maintained requirements for that good or service in New Brunswick (see user guide for more details), you are allowed to sell the good or service in New Brunswick without meeting any additional requirements related to its sale.

If a person holds certification to sell a good or service in another Canadian jurisdiction, they are entitled to receive a comparable certification in New Brunswick, unless there are maintained requirements for that certification (see Section 3 for details).

This means that if someone applies for certification in New Brunswick and already holds a comparable certification from another Canadian jurisdiction, they are entitled to receive the comparable New Brunswick certification once certain conditions are met. These conditions are outlined below.

• Submit an application: The person holding a comparable certification to sell a good or service in another Canadian jurisdiction must still apply for a certification from the New Brunswick regulator and provide proof of certification in the Canadian jurisdiction where the applicant is currently certified.
• Provide confirmation of good standing: The New Brunswick regulator must confirm that the applicant is in good standing with the regulator in the Canadian jurisdiction where the applicant is currently certified. This process may require the applicant to provide:
      -    evidence of good standing with the regulator of the Canadian jurisdiction where the applicant is currently certified (such as an attestation of good standing)
      -    information on any restrictions placed on the existing certification issued by any other Canadian jurisdiction(s) where the applicant is currently certified
• Meet any applicable additional requests from the regulator: If there is an existing requirement in New Brunswick’s regulatory measures, the regulator may also require the applicant to:
      -    provide any necessary information needed to grant certification (for example, information typically requested on an application form)
      -    pay all certification fees, including any applicable permit or licence fees
      -    provide evidence of required insurance, malpractice coverage, or similar protections and financial securities (like a bond)
      -    submit the result of any mandatory checks, such as a criminal record check, vulnerable sector check, or other similar background checks

By meeting these conditions, individuals certified to sell goods or services in other Canadian jurisdictions can quickly and efficiently obtain the necessary certifications to sell in New Brunswick, making it easier to expand their business operations across jurisdictions.

This act is designed to make it easier for businesses to sell their goods and services in New Brunswick.

• Step 1: Confirm your good or service is within the scope of the FTWCA.
• Step 2: Ensure your good or service is lawfully sold in accordance with the regulatory measures of your home Canadian jurisdiction.
• Step 3: If necessary, secure the New Brunswick certification to sell the good or service.
• Step 4: Sell your good or service in accordance with New Brunswick laws.
• Step 5: Maintain ongoing compliance with New Brunswick laws.

Interim orders are temporary measures used to protect New Brunswick’s high standards for safety, quality, and fairness. These tools ensure that if another Canadian jurisdiction’s rules for goods or services don’t match New Brunswick’s regulatory measures, adjustments can be made while maintaining the province’s strong protections.

Under the Free Trade Within Canada Act (FTWCA), interim orders can be tailored to address specific regulatory requirements, ensuring that New Brunswick’s residents, businesses, and industries remain safeguarded.