Definitions

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.

Sale and use of goods

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.

Supply of services

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.

Post-entry rules excluded

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.

Other excluded regulatory measures

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.

Definitions

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.

Responsible minister may require conformance

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.

Application of Offence Act

8   Section 5 [general offence] of the Offence Act does not apply to this Act.

Application of Labour Mobility Act

9   This Act does not apply in relation to an extraprovincial occupation to which the Labour Mobility Act applies.

Regulations

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.

Commencement

15   This Act comes into force by regulation of the Lieutenant Governor in Council.