The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE RAVI KAHLON
MINISTER OF JOBS
AND ECONOMIC GROWTH
This Bill, which replaces Part 1 of the Economic Stabilization (Tariff Response) Act, reduces trade barriers by recognizing other provinces' regulatory measures for the sale and use of goods and the supply of services.
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act:
"Indigenous peoples" has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act;
"regulatory measure" includes
(a) an enactment, and
(b) a directive, requirement, guideline, program, policy, practice, procedure, standard and assessment.
2 Subject to Division 2 and the regulations,
(a) a good that may be sold in another province of Canada may be sold in British Columbia,
(b) a good that may be used in another province of Canada may be used in British Columbia, and
(c) paragraphs (a) and (b) apply despite any regulatory measure relating to the sale or use of goods.
3 Subject to Division 2 and the regulations,
(a) a service that may be supplied in another province of Canada may be supplied in British Columbia, and
(b) paragraph (a) applies despite any regulatory measure relating to the supply of services.
4 (1) Division 1 does not apply in relation to a regulatory measure relating to
(a) how a good is sold or used, or
(b) how a service is supplied.
(2) Division 1 does not apply in relation to an enactment relating to
(a) who may sell, purchase or use a good, or
(b) to whom a service may be supplied.
5 Division 1 does not apply in relation to a regulatory measure relating to any of the following:
(a) Indigenous peoples;
(b) maintenance of a monopoly;
(c) taxation;
(d) incorporation.
6 In this Division:
"conform", in relation to a regulatory measure, means that the measure is not disapplied by operation of Division 1;
"regulatory authority", in relation to a regulatory measure, means the person or other entity that is authorized under an enactment to make the measure.
7 (1) The minister charged with administration of the Act under which a regulatory measure is made may request the regulatory authority for the measure to
(a) amend the measure to make the measure conform, or
(b) repeal the measure to the extent the measure does not conform.
(2) If a regulatory authority does not comply with a request under subsection (1) within 60 days after the request is made, the requesting minister may exercise the powers of the regulatory authority to carry out the request.
8 Section 5 [general offence] of the Offence Act does not apply to this Act.
9 This Act does not apply in relation to an extraprovincial occupation to which the Labour Mobility Act applies.
10 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) excluding a good from section 2 (a) or (b);
(b) excluding a service from section 3 (a);
(c) excluding a province from section 2 (a) or (b) or 3 (a);
(d) providing that a regulatory measure continues to apply despite
(i) section 2 (a) and (c),
(ii) section 2 (b) and (c), or
(iii) section 3.
(3) In making a regulation under subsection (2), the Lieutenant Governor in Council may do one or more of the following:
(a) delegate a matter to a person;
(b) confer a discretion on a person;
(c) make different regulations in relation to
(i) different goods, services, provinces, persons, things, circumstances or other matters, or
(ii) different classes of goods, services, provinces, persons, things, circumstances or other matters.
Economic Stabilization (Tariff Response) Act
11 Part 1 of the Economic Stabilization (Tariff Response) Act, S.B.C. 2025, c. 11, is repealed.
12 Section 20 is amended by striking out "a regulation that is made" and substituting "a regulation in relation to Part 3 that is made".
13 Section 21 is amended
(a) in subsection (2) by striking out "section 3 (4), 5, 7, 13, 17, or 19" and substituting "section 13 or 17, or section 19 as it relates to Part 3,", and
(b) in subsection (3) by striking out "section 3 (4), 5, 7, 13, 17, or 19," and substituting "section 13 or 17, or section 19 as it relates to Part 3,".
14 Section 22 is amended
(a) by repealing subsection (1) (a), and
(b) in subsection (2) by striking out "subsection (1) (a) or (c)" and substituting "subsection (1)".
15 This Act comes into force by regulation of the Lieutenant Governor in Council.
This Bill, which replaces Part 1 of the Economic Stabilization (Tariff Response) Act, reduces trade barriers by recognizing other provinces' regulatory measures for the sale and use of goods and the supply of services.