Internal Trade Agreement Implementation Act

Link to law: http://nslegislature.ca/legc/statutes/internal.htm
Published: 2016-01-05

Internal Trade Agreement
Implementation Act

CHAPTER 8 OF THE ACTS OF 1995-96

amended 2010, c. 19size>

An Act to Implement
the Agreement on Internal Trade

Short title

1 This Act may be cited as the Internal Trade Agreement Implementation Act. 1995-96, c. 8, s. 1.

Purpose of Act

2 The purpose of this Act is to implement the Agreement on Internal Trade between the Government of Canada and the governments of all the provinces and territories of Canada and thereby reduce or eliminate barriers to the free movement of persons, goods, services and investments and promote an open, efficient and stable domestic market to enhance the competitiveness of Nova Scotia and Canadian businesses and sustainable development. 1995-96, c. 8, s. 2.

Interpretation

3 In this Act,
(a) "Agreement" means the Agreement on Internal Trade between the Government of Canada and the governments of all the provinces and territories of Canada signed in 1994, as amended from time to time by the written agreement of all the parties to the Agreement;
(b) "Minister", in respect of any provision of this Act, means the member of the Executive Council designated as the minister for the purpose of that provision pursuant to Section 7. 1995-96, c. 8, s. 3; 2010, c. 19, s. 1.

Application of Act to Crown

4 This Act binds Her Majesty in right of the Province. 1995-96, c. 8, s. 4.

Protection of right to legislate

5 For greater certainty, for the purpose of fulfilling any of the obligations of the Province under the Agreement, nothing in this Act, by specific mention or omission, limits in any manner the right of the Legislature to enact legislation to implement any provision of the Agreement. 1995-96, c. 8, s. 5.

IMPLEMENTATION OF AGREEMENT

Ratification of Agreement

6 The Agreement is hereby ratified. 1995-96, c. 8, s. 6.

Responsible Minister

7 (1) The Minister of Economic and Rural Development and Tourism is the Minister responsible for this Act and the Agreement, including the implementation of the Agreement.
(2) Notwithstanding subsection (1), the Governor in Council may designate another member of the Executive Council as the Minister for the purpose of this Act or any provision of this Act. 1995-96, c. 8, s. 7; 2010, c. 19, s. 2; 2011, c. 9, s. 43.

Powers of Governor in Council

8 For the purpose of and subject to Chapter 17 (Dispute Resolution Procedure) of the Agreement, the Governor in Council may take such actions or measures in accordance with the Agreement as the Governor in Council deems necessary. 1995-96, c. 8, s. 8.

Representative of Province

9 The Minister referred to in Section 7, or such other member of the Executive Council as the Governor in Council determines, is the representative of the Province on the Committee on Internal Trade established pursuant to Article 1600 of the Agreement. 1995-96, c. 8, s. 9.

Obligation to contribute to budget

10 The Province shall pay its portion of the annual budget of the Secretariat referred to in Article 1603 of the Agreement, in accordance with Annex 1603.3 of the Agreement, and shall pay its portion of
(a) the annual budget of a management board, corporation or other body established to be responsible for the management and administration of the Committee on Internal Trade and the Agreement; and
(b) any costs or assessments awarded against the Province in accordance with Chapter 17 (Dispute Resolution Procedure) of the Agreement by a presiding body as defined in that Chapter. 1995-96, c. 8, s. 10; 2010, c. 19, s. 3.

Appointments to rosters or panel

11 (1) The Minister may, subject to the approval of the Governor in Council, appoint any person to either or both of the rosters provided for in paragraph (2) of Article 1704 of the Agreement.
(2) The Minister may appoint a panellist from a roster for the purpose of paragraph (3) of Article 1704 of the Agreement or, where there has been agreement to a Presiding Body being composed of one member, may agree on the panellist. 2010, c. 19, s. 4.

Appointment of screener

12 The Governor in Council may, by order, appoint the Ombudsman or another person to be a screener for the purpose of Article 1712 of the Agreement and may appoint any person to fill any position that may be necessary or advisable, in the opinion of the Governor in Council, for carrying out the purpose of the Agreement. 1995-96, c. 8, s. 12; 2010, c. 19, s. 5.

Entitlement to remuneration and expenses

13 A person appointed pursuant to Section 11 or 12 may be paid such remuneration and expenses as are determined by the Governor in Council. 1995-96, c. 8, s. 13.

Appointment of representative on body or committee

14 The Minister may appoint any person to be a representative of the Province on
(a) a body referred to in clause 10(a); or
(b) any intergovernmental committee established for the purpose of the Agreement. 2010, c. 19, s. 6.

Effect of order or award

15 (1) Where a presiding body in a government-to-government dispute has made an order against the Province in accordance with Chapter 17 (Dispute Resolution Procedure) of the Agreement that requires the Province to pay
(a) tariff costs awarded against the Province under Article 1706.1(4)(b) or (6) of the Agreement; or
(b) a penalty imposed on the Province under Article 1707(11)(b) of the Agreement,
the order has the same force and effect regarding payment as a proceeding against the Crown and as a certificate issued pursuant to Section 20 of the Proceedings Against the Crown Act.
(2) Where a panel has made an award of costs in favour of a person against the Province under Chapter 17 (Dispute Resolution Procedure), Part B, Article 1716(3) of the Agreement, the award has the same force and effect regarding payment as a proceeding against the Crown and as a certificate issued pursuant to Section 20 of the Proceedings Against the Crown Act. 1995-96, c. 8, s. 15; 2010, c. 19, s. 7.

Power to give directions

16 Notwithstanding any enactment, the Governor in Council may give directions to those entities referred to in Chapter 1, Article 102 of the Agreement for the purpose of implementing the Agreement or any provision of the Agreement. 1995-96, c. 8, s. 16.

CONSEQUENTIAL AMENDMENTS

Recognition of out-of-Province persons

17 Notwithstanding any enactment, a person from another province who holds an Inter-provincial Standards (Red Seal) Program qualification shall be recognized as qualified, certified or licensed to work in the Province in the trade or occupation covered by the qualification by the officer, body or authority that regulates the trade or occupation in the Province. 1995-96, c. 8, s. 17.

Civil Service Act amended

18 amendment

Lightning Rod Act amended

19 amendment

Mineral Resources Act amended

20 amendment

Real Estate Brokers' Licensing Act amended

21 amendment

Wildlife Act amended

22 amendments

Effective date

23 This Act has effect on and after July 1, 1995. 1995-96, c. 8, s. 23.
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