Even parts of the P.E.I. government say we're moving to eliminate trade barriers too quickly
Consultations raise concerns over timelines, potential threats to public safety
As the P.E.I. government moves full steam ahead toward an agreement to reduce trade barriers and improve labour mobility with Nova Scotia, Ontario and any other provinces that want to join, there are entreaties for the province to slow down — including from within the P.E.I. government itself.
Premier Rob Lantz tabled a bill on April 11 modelled on similar legislation recently enacted in Nova Scotia.
The goal is to have participating provinces enact laws to recognize each others' regulations, standards and accreditation programs to eliminate trade barriers and promote labour mobility.
But professional associations and other groups consulted by the P.E.I. government in the lead-up to tabling its legislation complained the province was moving too quickly and cautioned about potential unintended consequences from the effort that could put the public at risk.
One of the complaints came from the director of the province's Financial and Consumer Services Division, according to emails that Lantz tabled in the legislature on April 16.
"It is unfortunate the division was not made aware of this parallel legislative initiative," Steve Dowling wrote in an April 4 email to staff with the Department of Workforce and Advance Learning.
The department sent out consultation drafts of the legislation on the afternoon of Monday, March 31, asking groups to provide feedback during either of two sessions scheduled two days later.
"The three-day window accorded to the division to review and respond to the proposed act contrasts significantly with our extensive, proactive and collaborative work with you" on parallel efforts to reduce trade barriers under the Canada Free Trade Agreement, Dowling wrote.
Ultimately Dowling suggested his colleagues conduct further consultation and wait for more provinces to put forward similar legislation so that P.E.I. could learn from their work.
Ontario tabled its bill on interprovincial trade barriers on April 16.
Nova Scotia bill had to be changed
The original bill put forward in Nova Scotia by the Tim Houston government required significant amendments after regulatory bodies raised concerns about unintended consequences that could put public safety at risk.
Groups including the Nova Scotia Veterinary Medical Association said the original legislation would have removed their ability to monitor who was practising in the province, and leave them unable to detect people posing as regulated professionals.
Similar concerns were raised during P.E.I.'s consultation process.
The registrar of the P.E.I. Veterinary Medical Association, Dr. Jessie MacQuarrie, told the province the proposed legislation would leave the association with no ability to provide oversight or "impose restrictions or suspensions against veterinarians from reciprocating jurisdictions, no matter how egregious the offence."
MacQuarrie also said the lack of a requirement in the legislation that accredited individuals also work from an accredited facility would mean that people "could engage in the practice of veterinary medicine from the back of a vehicle in a parking lot."
She asked that her group be included as an excluded regulatory authority under the act.
The legislation includes specific exclusions for health professions that fall under the Regulated Health Professions Act (which does not include veterinarians) and for the Law Society of P.E.I.
Other professions can be excluded from the act when regulations are developed applying to it down the road.
Additional professional groups that asked to be excluded from the new law include Island psychologists, teachers, engineers, social workers, chartered professional accountants and land surveyors.
- P.E.I.'s deputy minister of Housing, Land and Communities, Jamie MacDonald, advised government to limit the recognition of credentials for elevator installers from other provinces.
- The P.E.I. College of Pharmacy warned of a potential loophole that could let a person with an outstanding criminal charge practise on the Island by providing proof of an outdated criminal records check.
- The Canadian Labour Congress pointed to research suggesting increased labour mobility could lead to workers leaving one jurisdiction in search of better wages in another.
- The P.E.I. Association of Social Workers raised concerns that the bill could create a vacuum of professional accountability, warning that if "an individual (service user, client, or patient) experiences harm due to this legislation, there may not be recourse for the individual."
- Several groups including the P.E.I. Department of Justice said they would struggle to meet the requirement in the bill that certifications for professionals from other jurisdictions be provided within 10 business days.
Trying to speed up progress: Lantz
On Wednesday in the legislature, the Liberals and Greens filed a joint motion asking for the legislation to be sent to committee for further review. The PCs denied the unanimous consent required to let that motion be debated the same day it was tabled.
People in our position have struggled for decades to make any progress on this, because it was approached from the perspective primarily of trying to harmonize regulations and laws across jurisdictions.— P.E.I. Premier Rob Lantz
During question period, Lantz defended comments he had made previously, that the bill represents a "quick and dirty" effort to reduce barriers to trade with other provinces.
"People in our position have struggled for decades to make any progress on this, because it was approached from the perspective primarily of trying to harmonize regulations and laws across jurisdictions," Lantz said. "This is a simple approach of mutual recognition that will advance free trade across this country in the simplest way possible and the quickest way possible."
Lantz has said he wants the law to be in place by July 1, the date set by Prime Minister Mark Carney to have freer trade between the provinces and territories after meeting with first ministers in March.
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