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BILL NO. 33

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                    44 Elizabeth II, 1995

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                     An Act to Implement
               the Agreement on Internal Trade









                 
                                                               
                                                               
              The Honourable Robert S. Harrison
                 Minister responsible for the
             Nova Scotia Economic Renewal Agency,
              including Tourism Nova Scotia and
               the Nova Scotia Marketing Agency


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                             
                 
                                                               
                           Halifax
         Printed by Queen''s Printer for Nova Scotia
                               
                               
                      An Act to Implement
                the Agreement on Internal Trade



         Be it enacted by the Governor and Assembly as follows:


         1  This Act may be cited as the Internal Trade Agreement Implementation 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.


         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;

              (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.


         4    This Act binds Her Majesty in right of the Province.


         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.


                 IMPLEMENTATION OF AGREEMENT

         6    The Agreement is hereby ratified.


         7    (1)  The Minister responsible for the Nova Scotia Economic Renewal Agency,
including Tourism Nova Scotia and the Nova Scotia Marketing Agency, 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.

         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.


         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.


         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 government-to-government disputes pursuant to Chapter 17 (Dispute Resolution Procedure), Part A,
         Articles 1702 to 1710 of the Agreement.


         11   The Minister may appoint any person to a dispute resolution panel from names on
a roster of panelists, approved by the Governor in Council, as required by Article 1705 of the
Agreement.


         12   The Governor in Council may, by order, appoint the Ombudsman or another person
to be a screener for the purpose of Article 1713 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.


         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.


         14   The Minister may appoint any person to be a representative of the Province on any
committee referred to in the Agreement, other than the Committee on Internal Trade referred
to in Section 9.


         15   (1)  Where a panel has made an award of costs in favour of a government party
to the Agreement against a person in the Province under Chapter 17 (Dispute Resolution
Procedure), Part B,  Article 1718(3) of the Agreement, the government party entitled to the
award may file a certified copy of that award with a prothonotary of the Supreme Court of Nova
Scotia and, upon being so filed, that award has the same force and effect as if it were a judgment
of the Supreme Court.

              (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 1718(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.


         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.


                   CONSEQUENTIAL AMENDMENTS

         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.


         18   Section 22 of Chapter 70 of the Revised Statutes, 1989, the Civil Service Act, is
amended by striking out "or have resided in the Province" in the fourth line and substituting "in
Canada".


         19   (1)  Subsection 4(2) of Chapter 182 of the Revised Statutes, 1989, the Gas Utilities
Act, is repealed and the following subsection substituted:

                   (2)  Only a person resident in Canada may apply for a franchise or the
              amendment or transfer of a franchise.

              (2)  Clauses 17(1)(g) and (h) of Chapter 182 are repealed and the following
clauses substituted:

                   (g)  respecting the nature and extent of employment of residents of Canada
              by gas utilities and others performing work authorized by gas utilities;

                   (h)  respecting the nature and extent of the supply of goods and services by
              residents of Canada to gas utilities and others requiring goods and services
              pursuant to work or operations authorized by a gas utility;


         20   Subsection 5(3) of Chapter 257 of the Revised Statutes, 1989, the Lightning Rod Act,
is amended by striking out "the Province" in the first and second lines and substituting
"Canada".


         21   Subsection 112(1) of Chapter 18 of the Acts of 1990, the Mineral Resources Act, is
amended by adding "to any place outside of Canada" immediately after "Province" in the second
line.


         22   Subsection 44(1) of Chapter 345 of the Revised Statutes, 1989, the Pipeline Act, is
amended by

              (a)  striking out "Nova Scotians" in the second line of clause (k) and substituting
         "residents of Canada"; and

              (b)  striking out "Nova Scotians" in the second line of clause (l) and substituting
         "residents of Canada".


         23   Subsection 6(2) of Chapter 384 of the Revised Statutes, 1989, the Real Estate
Brokers' Licensing Act, is repealed and the following subsection substituted:

              (2)  No license shall be issued under this Act to any person who does not, at the
         time of the application for a license, maintain an office or an agent for service in the
         Province.


         24   (1)  Clause 3(1)(ab) of Chapter 504 of the Revised Statutes, 1989, the Wildlife Act,
is amended by striking out "resident" in the first line and substituting "person who meets the
qualification requirements set out in the regulations and".

              (2)  Subsection 55(1) of Chapter 504 is repealed and the following subsection
substituted:

                   (1)  The Minister may license as a guide a person who meets the
              qualifications set out in the regulations or the Minister may issue a special permit
              to authorize a person to act as a guide.

              (3)  Subsection 57(3) of Chapter 504 is amended by striking out "resident" in the
second line and substituting "guide".

              (4)  Clause 113(1)(ao) of Chapter 504 is amended by adding "qualifications and"
immediately after "the" in the first line.


         25   Where there is a conflict between the Agreement and an enactment, the Agreement
prevails.


         26   This Act has effect on and after July 1, 1995.