Second Session,

48th General Assembly

66 Elizabeth II,

BILL 11

AN ACT TO AMEND THE PROCEEDINGS

AGAINST THE CROWN ACT

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE ANDREW

PARSONS, Q.C.

Minister of Justice

and Public Safety and Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Proceedings Against the Crown Act to replace

references to the Agreement on Internal Trade with references to the Canadian

Free Trade Agreement.

A BILL

AN ACT TO AMEND THE PROCEEDINGS AGAINST THE

CROWN ACT

Analysis

S.16.1 R&S

Enforcement of orders

SNL2009 cL-0.1 Amdt.

SNL1999 cL-9.1 Amdt.

RSNL1990 cP-43 Amdt.

NLR38/15 Amdt.

CNLR1134/96 Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cP-26

as amended

Section 16.1 of the Proceedings Against the Crown Act is repealed and the following

substituted:

Enforcement of

orders

16.1

(1) In

this section, "Canadian Free Trade Agreement" means the Canadian Free

Trade Agreement, signed in 2017 by the Governments of Canada, the provinces and

the territories, as amended from time to time.

(2) A certified copy of an order made by a

presiding body under the Canadian Free Trade Agreement that requires the Crown

to pay tariff costs, additional costs or a monetary penalty, may be filed with

the Trial Division and, on being filed, has the same force and effect as an

order for the payment of money made by the court against the Crown.

SNL2009 cL-0.1

Amdt.

(1) Paragraph 2(

a) of the Labour Mobility Implementation Act is

repealed and the following substituted:

(a) "agreement" means the Canadian Free

Trade Agreement, signed in 2017 by the governments of Canada , the provinces and the

territories and includes amendments to the agreement;

(2) Subsection 3(2) of the Act is repealed and the

following substituted:

(2) An applicable provincial regulator shall not

adopt, maintain or change an occupational standard except in conformity with

Article 706 of

Chapter Seven of the agreement.

(3) Subsection 4(2) of the Act is repealed and the

following substituted:

(2) An applicable provincial regulator, when

considering an application under paragraph (1)(a), shall decide the

application, and impose terms, conditions or requirements on a certification

issued in response to the application, in accordance with

Article 705 of

Chapter Seven of the agreement.

(4) Subsection 7(2) of the Act is repealed and the

following substituted:

(2) Subsection (1) does not apply to a proceeding

that is contemplated by

Chapter Ten of the agreement.

SNL1999 cL-9.1

Amdt.

Section 81.1 of the Law Society Act, 1999 is repealed and the following substituted:

Consultation

81.1 The

society shall, on an annual basis, consult with the department of the

government of the province responsible for ensuring compliance with the labour

mobility provisions of the Canadian Free Trade Agreement to ensure the

society's compliance with those provisions.

RSNL1990 cP-43

Amdt.

(1) Schedule C of the Public Service Commission Act is amended by deleting the entity

references "Agreement on Internal Trade Dispute Screener" and

"Agreement on Internal Trade Roster of Panelists".

(2) Schedule C of the Act is amended by inserting immediately

after the entity reference "C.A. Pippy Park Golf Course Limited with

respect to ministerial appointments" the entity references "Canadian

Free Trade Agreement Roster for Appellate Panels" and "Canadian Free

Trade Agreement Roster for Panels and Compliance Panels".

NLR38/15 Amdt.

5. (1) Paragraph 2(1)(

b) of the Medical Regulations published under the Medical Act, 2011 is repealed.

(2) The regulations are amended by adding

immediately after paragraph 2(1)(

f) the following:

(f.1) "Canadian Free Trade Agreement" means

the Canadian Free Trade Agreement, signed in 2017 by the governments of Canada,

the provinces and the territories and includes amendments to the agreement;

(3) Subparagraph 5(c)(ii) of the regulations is

repealed and the following substituted:

(ii) currently holds an unrestricted licence issued

by a medical regulatory authority in a Canadian jurisdiction that is a party to

the Canadian Free Trade Agreement and the council is satisfied that the licence

held is equivalent to a full licence for primary care practice issued by the college;

and

(4) Subparagraph 6(c)(ii) of the regulations is

repealed and the following substituted:

(ii) currently holds an unrestricted full licence

for practice in a specialty of medicine issued by a medical regulatory

authority in a Canadian jurisdiction that is a party to the Canadian Free Trade

Agreement and the council is satisfied that the licence held is equivalent to a

full licence for practice in a specialty of medicine issued by the college; and

CNLR1134/96 Amdt.

6. (1) Subsection 15(1) of the Teacher Certification Regulations

published under the Teacher Training Act

is repealed and the following substituted:

Reciprocal agreements

(1) A

teaching certificate classified as Certificate IV may be issued to an applicant

who does not meet the criteria in

section 6 where the applicant holds a valid

teaching certificate from a Canadian jurisdiction that is a party to the Canadian

Free Trade Agreement.

(2) Subsection 15(5) of the regulations is

repealed and the following substituted:

(5) A copy of the Canadian Free Trade Agreement is

on file with the registrar and may be examined or obtained during regular

business hours.

Commencement

7. This Act comes into force on July 1, 2017.

Queen's Printer