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Chapter	Title
2023-22	General

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1The purpose of this Act is to help ensure that regulatory bodies and individuals applying for registration by regulatory bodies are governed by registration practices that are transparent, objective, impartial and fair.

Definitions

2The following definitions apply in this Act.

“Canadian Free Trade Agreement ” means the Canadian Free Trade Agreement, signed in 2017 by the Government of Canada and the governments of the provinces and territories of Canada, as amended from time to time.(Accord de libre-échange canadien)

“extra-provincial regulatory body” means a regulatory body in a province or territory of Canada other than New Brunswick.(organisme de réglementation extraprovincial)

“internationally educated individual” means an individual who has been educated in a country other than Canada to practise a regulated profession and who has applied for, or who intends to apply for, registration by a regulatory body in New Brunswick.(particulier instruit à l’étranger)

“labour mobility applicant” means an individual who applies to a regulatory body in New Brunswick to be registered to practise in a regulated profession who is registered to practise in the same or a substantially similar regulated profession by an extra-provincial regulatory body.(candidat à la mobilité de la main-d’œuvre)

“Minister” means the Minister of Post-Secondary Education, Training and Labour and includes a person designated by the Minister to act on the Minister’s behalf.(ministre)

“registration” means the granting of membership, with or without conditions, in a regulated profession, whether by licensure, admission, certification, enrolment or other means, regardless of the terminology used by the regulatory body.(inscription)

“registration document” means a certificate, licence or other form of official recognition issued by an extra-provincial regulatory body that attests that an individual is registered to practise in a regulated profession.(document d’inscription)

“regulatory body” means a body corporate or association that is responsible for the governance of a regulated profession.(organisme de réglementation)

“regulated profession” means a profession regulated by a regulatory body.(profession réglementée)

2025, c.10, s.1

Application

3This Act applies to the regulatory bodies that are prescribed by regulation.

General duty

4A regulatory body has a duty to provide registration practices that are transparent, objective, impartial and fair.

Duty to comply with Canadian Free Trade Agreement

5A regulatory body shall ensure that its registration practices comply with the obligations of the Canadian Free Trade Agreement.

Specific duties

6A regulatory body shall ensure that

(a) the requirements for registration are necessary for, or relevant to, the practice of the profession,

(b) the criteria used in an assessment of qualifications is necessary to assess competence in the practice of the regulated profession,

(c) the regulatory body complies with any standards related to the time frame established by regulation respecting the application for registration process,

(d) the regulatory body takes any steps prescribed by regulation to help an internationally educated individual obtain registration in the regulated profession, and

(e) the regulatory body complies with the requirements of this Act and the regulations related to the registration of labour mobility applicants.

2025, c.10, s.2

Review of registration practices

7(1)Every regulatory body shall undertake a review of its registration practices at times specified by the Minister to ensure that they comply with this Act and shall file a report on the results with the Minister in the manner and form required by the Minister by the dates specified by the Minister.

7(1.1)The Minister may under subsection (1) request a review of a decision made by a regulatory body under subsection 8.1(9) to ensure that the regulatory body complies with the requirements of this Act and the regulations related to the registration of labour mobility applicants.

7(2)The review shall include an analysis of

(a) the extent to which the requirements for registration are necessary for, or relevant to, the practice of the regulated profession,

(b) the efficiency and timeliness of decision-making,

(c) the reasonableness of the fees charged by the regulatory body in respect of registrations, and

(d) any other matter identified by the Minister or specified in the regulations.

7(3)A regulatory body that proposes to change its practices for the assessment of qualifications or any conditions of registration shall notify the Minister of the proposed change at the time and in the manner and form required by the Minister.

7(4)A person who submits a report in accordance with subsection (1) shall take every reasonable precaution to avoid disclosing personal information, as defined in the Right to Information and Protection of Privacy Act, in the report.

2025, c.10, s.3

Expedited process

8The Minister may require a regulatory body to expedite the assessment and registration process.

Labour mobility applicants – registered to practise in a regulated profession

2025, c.10, s.4

8.1(1)In order to be registered to practise in a regulated profession by a regulatory body under this section, a labour mobility applicant

(a) shall meet the requirements prescribed by regulation, and

(b) shall meet any requirements established by the Minister.

8.1(2)A labour mobility applicant who meets the requirements of subsection (1) may submit a registration document to a regulatory body in accordance with the regulations to be registered to practise in the same or a substantially similar regulated profession as the regulated profession that the labour mobility applicant is registered to practise in by an extra-provincial regulatory body.

8.1(3)An individual who is registered to practise in a regulated profession that is excepted from labour mobility by New Brunswick under Chapter 7 of the Canadian Free Trade Agreement to achieve a legitimate objective is not eligible to submit a registration document under subsection (2).

8.1(4)A regulatory body that receives a registration document from a labour mobility applicant under subsection (2) shall give the labour mobility applicant a notice of receipt in accordance with the regulations.

8.1(5)From the date the regulatory body gives the labour mobility applicant a notice of receipt of a registration document until the date the regulatory body makes a decision under subsection (9), inclusive, the labour mobility applicant is deemed to be registered by the regulatory body

(a) for a full scope of practice in the regulated profession in New Brunswick if the individual is registered to practise in the same or a substantially similar regulated profession with an equivalent or larger scope of practice by an extra-provincial regulatory body, or

(b) for a limited scope of practice in the regulated profession in New Brunswick if the individual is registered to practise in the same or a substantially similar regulated profession with a limited scope of practice by an extra-provincial regulatory body.

8.1(6)For greater certainty, a labour mobility applicant who, by an extra-provincial regulatory body, is registered to practise in a regulated profession with a larger scope of practice than is provided for in New Brunswick is not deemed to be registered to practise in a regulated profession in New Brunswick with that larger scope of practice.

8.1(7)After receiving a notice of receipt of a registration document, the labour mobility applicant shall submit an application to be registered to the regulatory body within the time prescribed by regulation and in accordance with the regulations.

8.1(8)If a labour mobility applicant does not submit the application referred to in subsection (7) within the time prescribed by regulation, the labour mobility applicant ceases to be deemed to be registered by the regulatory body to practise in a regulated profession under paragraph (5)(a) or (b).

8.1(9)After receiving and reviewing an application to be registered, a regulatory body shall, within the time prescribed by regulation and in accordance with the regulations,

(a) confirm the registration referred to in paragraph (5)(a) or (b), or

(b) refuse to register the labour mobility applicant if the regulatory body determines that the labour mobility applicant does not meet the requirements of subsection (1).

8.1(10)A regulatory body shall not refuse to renew the registration of an individual who, under this section, is registered to practise in a regulated profession with a limited scope of practice on the grounds that the registration only provides for a limited scope of practice.

8.1(11)For the purposes of subsection 7(3), a regulatory body’s compliance with the requirements of this section and the regulations is not considered to be a change in its practices for the assessment of qualifications or a change in its conditions of registration.

2025, c.10, s.4

Labour mobility applicants – false or misleading information

2025, c.10, s.4

8.2A labour mobility applicant who knowingly provides misleading or false information to a regulatory body under section 8.1 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

2025, c.10, s.4

Compliance order

9(1)The Minister may issue a compliance order to a regulatory body if the Minister is of the opinion that the regulatory body has failed to comply with this Act.

9(2)Before issuing a compliance order, the Minister shall give written notice to the regulatory body affected by it and allow the regulatory body at least 30 days to make a written submission explaining the reason for the alleged non-compliance.

9(3)A compliance order shall

(a) describe the way in which the regulatory body has failed to comply,

(b) set out any action the regulatory body must take to remedy the failure, including making, amending or repealing any rule, regulation, by-law or criteria used to assess whether requirements for registration have been met, or other measure specified in the order, and

(c) specify the time period within which the order must be complied with.

9(4)A regulatory body shall comply with a compliance order.

9(5)A regulatory body that fails to comply with a compliance order shall be subject to an administrative penalty established by regulation.

9(6)The Province may sue for and recover the amount payable under an administrative penalty in an action in any court as if the amount were a debt.

Delegation of powers or duties

10The Minister may delegate, in writing, to any person any of the Minister’s powers or duties conferred on the Minister under this Act.

Immunity

11No action, application or other proceeding lies or shall be instituted against anyone acting under the authority of this Act for anything done in good faith or anything omitted in good faith in the execution or intended execution of their powers or duties under this Act.

Confidentiality of information

12A person is not guilty of an offence concerning the confidentiality or secrecy of information under any other Act or regulation by reason of complying with a request or requirement to provide information to the Minister under this Act or the regulations.

Conflict

13If a provision of this Act or a regulation made under this Act conflicts with a provision of another Act or a regulation made under another Act, the provision of this Act or the regulation under this Act prevails to the extent of the conflict.

Regulations

14(1)The Lieutenant-Governor in Council may make regulations

(a) prescribing regulatory bodies for the purposes of section 3;

(b) establishing standards related to the time frame for the purposes of paragraph 6(c);

(c) prescribing steps to be taken for the purposes of paragraph 6(d);

(d) specifying any matter for the purposes of paragraph 7(2)(d);

(d.1) respecting requirements related to the registration of labour mobility applicants;

(d.2) prescribing requirements for the purposes of paragraph 8.1(1)(a);

(d.3) respecting submissions for the purposes of subsection 8.1(2), including

(i) prescribing requirements for registration documents,

(ii) prescribing any additional documents or information to be provided by a labour mobility applicant;

(d.4) respecting requirements for providing notice of receipt of a registration document for the purposes of subsection 8.1(4);

(d.5) respecting applications for the purposes of subsection 8.1(7), including,

(i) prescribing the time to submit an application,

(ii) prescribing documents to be submitted or information to be provided by a labour mobility applicant in order to be registered to practise in a regulated profession;

(d.6) respecting the registration of labour mobility applicants, including,

(i) prescribing requirements that a labour mobility applicant has to meet in order to be registered to practise in a regulated profession,

(ii) prescribing information that a labour mobility applicant is not required to provide in order to be registered to practise in a regulated profession,

(iii) prohibiting a regulatory body from requiring a labour mobility applicant to provide information referred to in subparagraph (ii);

(d.7) respecting regulatory bodies’ decisions under subsection 8.1(9), including,

(i) prescribing the time to make a decision,

(ii) prescribing requirements for notifying labour mobility applicants of a decision;

(d.8) respecting additional rules that apply to labour mobility applicants who are registered to practise in a regulated profession under section 8.1;

(e) respecting the establishment of administrative penalties;

(f) respecting the calculation of an administrative penalty payable in respect of a contravention;

(g) authorizing the Minister to impose administrative penalties;

(h) prescribing the amount of an administrative penalty, including a minimum and maximum amount;

(i) establishing the procedure for imposing an administrative penalty;

(j) prescribing the form of the notice of administrative penalty;

(k) establishing the procedure for paying an administrative penalty;

(l) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both.

14(2)A regulation under this Act may

(a) be general or specific in its application and may be limited as to time and place,

(b) create different classes of regulatory bodies, regulated professions or labour mobility applicants, as the case may be,

(c) impose different requirements, conditions or restrictions on or in respect of any one or more classes of regulatory bodies, regulated professions or labour mobility applicants, as the case may be, and

(d) define a class as consisting of one or more regulatory bodies.

2025, c.10, s.5

N.B. This Act is consolidated to May 31, 2026.

2022, c.39 - Fair Registration Practices in Regulated Professions Act

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