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Second Session, 48th General Assembly 66 Elizabeth II, 2017 |
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AN ACT TO AMEND THE PROCEEDINGS
AGAINST THE CROWN ACT |
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Received and Read the First Time................................................................................................. |
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Second |
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Committee.......................................................................................................................................... |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE ANDREW PARSONS, Q.C. Minister of Justice and Public Safety and Attorney General |
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Ordered to be printed by
the Honourable House of Assembly |
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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. |
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A BILL AN ACT TO AMEND THE PROCEEDINGS AGAINST THE CROWN ACT Analysis 1.
S.16.1 R&S 2. SNL2009 cL-0.1 Amdt. 3. SNL1999 cL-9.1 Amdt. 4. RSNL1990 cP-43 Amdt. 5. NLR38/15 Amdt. 6. CNLR1134/96 Amdt. 7. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: RSNL1990 cP-26 1. Section 16.1 of the Proceedings Against the Crown Act is repealed and the following substituted: Enforcement of orders 16.1 (1) In this section, "Canadian Free Trade Agreement" means the Canadian Free Trade Agreement, signed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. 2. (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 (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. 3. 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. 4. (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 15. (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 |