Standards and Regulations
- When can businesses expect to see regulations and standards mutually recognized or reconciled?
- Does the NWPTA lower the standards and regulations for trades, professions and occupations?
- Will British Columbia, Alberta and Saskatchewan have the same standards and regulations?
- Is it possible to introduce a new measure that may be contrary to part of the agreement without seeking an exception for the measure?
- Can businesses choose which province's regulations to operate under?
- What if an occupation is not regulated in one of the provinces?
- Are the provinces allowed to continue regulating occupations as they see fit?
- What impact will labour mobility have on maintaining standards?
When can businesses expect to see regulations and standards mutually recognized or reconciled?
British Columbia and Alberta were obligated to mutually recognize or otherwise reconcile standards and regulations that restrict or impair, trade, investment or labour mobility by April 2009. These will be reconciled with those of Saskatchewan by July 1, 2012. Standards and regulations related to financial services will be reconciled by July 1, 2013.
Does the NWPTA lower the standards and regulations for trades, professions and occupations?
No. The NWPTA requires that the three provinces work together collaboratively to identify impediments to the movement of people from one province to the other, determine why those obstacles exist, and consider whether they are truly necessary.
Further, the three provinces are obligated to work toward the enhancement of sustainable development, consumer and environmental protection, and health, safety and labour standards.
Will British Columbia, Alberta and Saskatchewan have the same standards and regulations?
No. The NWPTA does not require that the three provinces have the same standards and regulations. The NWPTA only applies to standards and regulations that restrict trade, investment and labour mobility. The NWPTA does not apply to provincial measures for water, taxation, royalties, labour standards, occupational health and safety, procurement of health and social services, social policy, and Aboriginal policies and programs.
Is it possible to introduce a new measure that may be contrary to part of the agreement without seeking an exception for the measure?
Yes. The NWPTA preserves each government's right to establish or maintain standards and regulations in pursuit of legitimate objectives, such as public safety and security, environmental protection and consumer protection or fundamental climatic, technological, infrastructural, or scientific factors.
The NWPTA requires that the other provinces will be notified when new standards and regulations are being contemplated, and they must be developed in a manner that is as non-restrictive on trade, investment and labour mobility. Essentially, this requires governments to consider the impact on trade, investment and labour mobility when developing measures, and to ensure that any negative impacts are justified and necessary.
Can businesses choose which province's regulations to operate under?
No. Businesses must comply with the regulations of the province in which they are operating.
What if an occupation is not regulated in one of the provinces?
Occupations requiring certification, licensure or registration prior to commencing work are identified by province in this table.
Are the provinces allowed to continue regulating occupations as they see fit?
A fundamental part of labour mobility is the obligation of the British Columbia, Alberta and Saskatchewan governments, and their regulated bodies, to review and reconcile the different approaches to regulating occupations. However, each province retains the right to set its own standards under the NWPTA for legitimate objectives, such as to ensure the protection of the public, consumers and the environment.
What impact will labour mobility have on maintaining standards?
Regulatory bodies for almost all professions have reported that occupational standards in British Columbia, Alberta and Saskatchewan are very consistent. In most cases, there will be no changes to current practices. If a province does have concerns, it is entitled to maintain additional measures so long as it can justify the measures as serving a legitimate objective.
