Text of the Comprehensive Economic and Trade Agreement – Annex I – Schedule of Canada: Provincial and Territorial

Reservations applicable in Alberta

Reservation I-PT-1

Sector: Business services

Sub-Sector:

Accounting
Auditing and bookkeeping services

Industry Classification: CPC 862

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Alberta

Measures:

Regulated Accounting Profession Act, R.S.A. 2000, c. R-12
Certified General Accountants Regulation, Alta. Reg. 176/2001
Certified Management Accountants Regulation, Alta. Reg. 177/2001
Chartered Accountants Regulation, Alta. Reg. 178/2001

Description:

Cross-Border Trade in Services
An applicant for registration as a regulated member must provide proof of Canadian citizenship or proof of having been lawfully admitted to and entitled to work in Canada. Each office in Alberta of a registrant engaged in a public accounting practice shall be under the personal charge and management of a member who shall normally be accessible to meet the needs of clients during such times as the office is open to the public.

Reservation I-PT-2

Sector: Business services

Sub-Sector: Veterinary services

Industry Classification: CPC 932

Type of Reservation: National treatment

Level of Government: Provincial - Alberta

Measures:

Veterinary Profession Act, R.S.A. 2000, c. V-2
General Regulation, Alta. Reg. 44/86

Description:

Cross-Border Trade in Services
Only Canadian citizens or persons lawfully admitted into and entitled to work in Canada may be approved for registration by the Registration Committee, upon production of satisfactory evidence to this effect.

Reservation I-PT-3

Sector: Real estate

Sub-Sector: Real estate servicesinvolving own or leased property or on a fee or contract basis

Industry Classification: CPC 821, 822, 81331

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Alberta

Measures: Real Estate Act, R.S.A. 2000, c. R–5

Description:

Cross-Border Trade in Services
Service suppliers are authorised through a brokerage which must maintain a registered business office in the Province. The registered business office must be: the location from which the person conducts business; under the control of the service supplier; and the location of the records required to be maintained by the Act.

Reservation I-PT-4

Sector: Business services

Sub-Sector: Land surveying

Industry Classification: CPC 8675

Type of Reservation: Market access

Level of Government: Provincial – Alberta

Measures: Land Surveyors Act, R.S.A. 2000, c. L-3

Description:

Investment
For services that are provided through a corporation, commercial presence must take the form of a surveyor's corporation.

Reservation I-PT-5

Sector: Alcoholic beverages

Sub-Sector:

Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages

Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107, 643, 88411

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Alberta

Measures:

Gaming and Liquor Act, R.S.A. 2000, c. G-1
Gaming and Liquor Regulation, Alta. Reg. 143/96
Alberta Gaming and Liquor Commission Board Policies

Description:

Investment and Cross-Border Trade in Services
The above measures permit Alberta to control the manufacture, import, sale, purchase, possession, storage, transportation, use and consumption of liquor, including through permits and licences that may include citizenship, residency and other limitations on the establishment, operation and provision of these activities.

Reservation I-PT-6

Sector: Agriculture

Sub-Sector:

Land
Services incidental to agriculture

Industry Classification: CPC 8811 (other than rental of agricultural equipment with operator), 531

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Alberta

Measures:

Provincial Parks Act, R.S.A. 2000, c. P-35
Provincial Parks (Dispositions) Regulations, Alta. Reg. 241/77
Provincial Parks (General) Regulation, Alta. Reg. 102/85
Dispositions and Fees Regulation, Alta. Reg. 54/2000
Special Areas Disposition Regulation, Alta. Reg. 137/2001
Declaration Regulation, Alta. Reg. 195/2001
Forest Reserves Regulation, Alta. Reg. 42/2005

Description:

Investment
Dispositions of Crown land, including within provincial parks are limited to residents of Alberta who are Canadian citizens or permanent residents within the meaning of the Immigration and Refugee Protection Act, S.C. 2001, c. 27.

Reservation I-PT-7

Sector: Hunting

Sub-Sector:

Services incidental to hunting
Own-account hunting guides
Other cultural services

Industry Classification: CPC 0297, 8813, 96419, 9633

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Alberta

Measures:

Wildlife Act, R.S.A. 2000, c. W-10
Wildlife Regulation, Alta. Reg. 143/97

Description:

Investment and Cross-Border Trade in Services
Citizenship or permanent residency requirements may be imposed as a condition for designations, permits or licences relating to guiding and outfitting for wildlife hunting. Citizenship or permanent residency requirements may also be imposed as a condition for permits or licences for zoo-keeping, taxidermy, tanning, fur dealing or fur management.

Reservation I-PT-8

Sector: Transport

Sub-Sector:

Road transport services
Passenger transportation

Industry Classification: CPC 7121, 7122

Type of Reservation: Market access

Level of Government: Provincial – Alberta

Measures:

Motor Transport Act, R.S.A. 2000, c. M-21
Motor Vehicle Administration Act, R.S.A. 2000, M-23

Description:

Investment and Cross-Border Trade in Services
A public convenience and needs test may be imposed prior to approving a licence to provide interurban bus transport and non-scheduled/scheduled services, including applying some or all of the following criteria: adequacy of current levels of service; market conditions establishing the requirement for expanded service; effect of new entrants on public convenience, including the continuity and quality of service, and the fitness, willingness and ability of the applicant to provide proper service.

Reservation I-PT-9

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Performance requirements

Level of Government: Provincial – Alberta

Measures: Industrial benefits policy

Description:

Investment and Cross-Border Trade in Services
Performance requirements may be imposed on applicants (such as a first consideration being given to service suppliers from within Alberta or Canada, if competitive in terms of price and quality) in the case of all large scale projects requiring Industrial Development, Forest Management, Oil Sands, Power Plant or Gas Plant and Coal Development Permits.

Reservation I-PT-10

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Senior management and boards of directors

Level of Government: Provincial – Alberta

Measures:

Business Corporations Act, R.S.A. 2000, c. B-9
Business Corporations Regulation, Alta. Reg. 118/2000
Companies Act, R.S.A. 2000, c. C-21
Cooperatives Act, S.A. 2001, c. C-28.1
Partnership Amendment Act, R.S.A. 2000 (Supp.), c. P-25
Societies Act, R.S.A. 2000, c. S-14

Description:

Investment
1. At least 25 per cent of the directors of an Alberta corporation must be resident Canadians.

2. For the purposes of these measures, "resident Canadian" means an individual who is:

  1. a Canadian citizen ordinarily resident in Canada;
  2. a Canadian citizen, not ordinarily resident in Canada, who is a member of a prescribed class of persons; or
  3. a permanent resident within the meaning of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 and ordinarily resident in Canada.

Reservation I-PT-11

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Alberta

Measures:

Land Titles Act, R.S.A. 2000, c. L-4
Agricultural and Recreational Land Ownership Act, R.S.A. 2000, c. A-9
Regulations Respecting the Ownership of Agricultural and Recreational Land in Alberta, Alta. Reg. 160/79
Public Lands Act, R.S.A. 2000, c. P-40

Description:

Investment
Public lands cannot be sold to:

  1. person who is not a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act, S.C. 2001, c. 27;
  2. a corporation that is not a Canadian corporation; or
  3. a person or corporation acting as a trustee for a person who is not a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act, or for a corporation that is not a Canadian corporation.

Reservation I-PT-12

Sector: Recreational, cultural and sporting services

Sub-Sector: Gambling and betting

Industry Classification: CPC 96492

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Alberta

Measures:

Gaming and Liquor Act, R.S.A. 2000, c. G-1
Horse Racing Alberta Act, RSA 2000, c. H-11.3
Gaming and Liquor Regulation, Alta. Reg. 143/1996
Alberta Gaming and Liquor Commission Board Policies

Description:

Investment and Cross-Border Trade in Services
The above measures permit Alberta to regulate and authorise services, suppliers of services, manufacturing, suppliers of materials, operations and repairs relating to lottery schemes, gaming terminals, games of chance, races, bingo and casinos, and similar activities including through permits and licences that may include citizenship, residency and other limitations on the establishment, operation and provision of these activities.

Reservation I-PT-13

Sector: Business services

Sub-Sector: Services incidental to animal husbandry

Industry Classification: CPC 8812

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Alberta

Measures:

Stray Animals Act, R.S.A. 2000, c. S-20
Horse Capture Regulation, Alta. Reg. 59/94

Description:

Cross-Border Trade in Services
Only a Canadian citizen or a person lawfully admitted into Canada for permanent residence may apply for, obtain or hold a licence to capture, bait, chase, pursue, follow after or on the trail of or stalk horses on public land in Alberta designated for the licenced capture of horses.

Reservations applicable in British Columbia

Reservation I-PT-14

Sector: Forestry

Sub-Sector: Forestry and logging products

Industry Classification: CPC 03

Type of Reservation: Performance requirements

Level of Government: Provincial – British Columbia

Measures: Forest Act, R.S.B.C. 1996, c. 157

Description:

Investment
All timber harvested from provincial land must be either used in the Province or manufactured within the Province into other goods. However, the Province may authorise an exemption to this requirement if the timber is surplus to the requirements of processing facilities in the Province, if it cannot be processed economically near the harvesting area and cannot be transported economically to another facility in the Province, or if an exemption would prevent waste or improve the utilisation of the wood.

Reservation I-PT-15

Sector: Business services

Sub-Sector: Legal services

Industry Classification: CPC 8611

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – British Columbia

Measures: Evidence Act, R.S.B.C. 1996, c. 124

Description:

Investment and Cross-Border Trade in Services
A person must be a Canadian citizen or a permanent resident to be appointed as a commissioner for taking affidavits.

Reservation I-PT-16

Sector: Business services

Sub-Sector: Accounting, auditing and bookkeeping

Industry Classification: CPC 862

Type of Reservation: National treatment

Level of Government: Provincial – British Columbia

Measures:

Accountants (Certified General) Act, R.S.B.C. 1996. c. 2
Accountants (Chartered) Act, R.S.B.C. 1996, c. 3
Accountants (Management) Act, R.S.B.C. 1996, c. 4

Description:

Investment
Accounting offices must be under the management of a resident of British Columbia.

Reservation I-PT-17

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Senior management and boards of directors

Level of Government: Provincial – British Columbia

Measures:

Cooperative Association Act, S.B.C. 1999, c. 28
Society Act, R.S.B.C. 1996, c. 433

Description:

Investment
1. Under the Cooperative Association Act, the majority of directors of an association incorporated under the Act must be resident Canadians and at least one director must be resident in the Province.

2. Under the Society Act, at least one director of a society incorporated under the Act must be resident in the Province.

Reservation I-PT-18

Sector: Business services

Sub-Sector: Lawyers and notaries

Industry Classification: CPC 861

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – British Columbia

Measures: Notaries Act, R.S.B.C. 1996, c. 334

Description:

Investment and Cross-Border Trade in Services
Only Canadian citizens or permanent residents of Canada may be certified as a notary public in British Columbia. The Notaries Act puts limitations on the ability of notaries to provide services through a notary corporation. Trust funds must be held by regulated provincial or federal financial institutions.

Reservation I-PT-19

Sector: Tourism

Sub-Sector:

Services incidental to hunting (hunting guides; outfitters; angling guides)
Services incidental to fishing
Travel agency, tour operator and tourist guides

Industry Classification: CPC 8813, 882, 96419

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – British Columbia

Measures: Wildlife Act, R.S.B.C. 1996, c. 488

Description:

Investment and Cross-Border Trade in Services
Only Canadian citizens or permanent residents of Canada are eligible to be issued guide outfitter and angling guide licences.

Reservation I-PT-20

Sector: Forestry

Sub-Sector:

Other professional services
Forestry and logging products
Services incidental to forestry and logging

Industry Classification: CPC 03, 8814

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – British Columbia

Measures: Foresters Act, S.B.C. 2003, c. 19

Description:

Investment and Cross-Border Trade in Services
In order to obtain registration as a professional forester, at least 24 months of relevant work experience must first be gained in British Columbia. In some cases, professional foresters already registered in other Canadian jurisdictions are exempt from this requirement.

Reservation I-PT-21

Sector: Forestry

Sub-Sector:

Services incidental to manufacturing
Christmas tree permits
Log salvage permits
Woodlot licences

Industry Classification: CPC 03, 8814

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – British Columbia

Measures: Forest Act, R.S.B.C. 1996, c. 157

Description:

Investment
1. Only Canadian citizens, permanent residents, or a corporation controlled by persons who are Canadian citizens or permanent residents of Canada, may be granted a Christmas tree permit.

2. Only Canadian citizens or landed immigrants may apply for log salvage permits.

3. Only Canadian citizens, permanent residents, or a corporation, other than a society, that is controlled by persons who are Canadian citizens or permanent residents may apply for woodlot licences.

4. Proximity of private residence from the proposed woodlot licence, and distance and size of private land to be included in the proposed woodlot are two of the criteria used to award a licence.

Reservation I-PT-22

Sector: Forestry

Sub-Sector: Forestry and logging

Industry Classification: CPC 03

Type of Reservation: Market access

Level of Government: Provincial – British Columbia

Measures: Forest Act, R.S.B.C. 1996, c. 157

Description:

Investment
1. Only the following entities may enter into a community forest agreement:

  1. A society incorporated under the Society Act, R.S.B.C. 1996, c. 433;
  2. An association as defined in the Cooperative Association Act, S.B.C. 1999, c. 28;
  3. A corporation, if the corporation is established by or under an enactment, or registered as an extra-provincial company under the Business Corporations Act, S.B.C. 2002, c. 57;
  4. A partnership, if the partnership is comprised of municipalities or regional districts, societies, associations, companies or extra-provincial companies, or a combination of the foregoing; or
  5. A municipality or regional district.

2. Community forest agreements may be directly awarded.

Reservation I-PT-23

Sector: Agriculture

Sub-Sector:

Products of agriculture
Horticulture and market gardening
Services incidental to agriculture (other than rental of agricultural equipment with operator)
Services incidental to animal husbandry

Industry Classification: CPC 01, 8811 (other than rental of agricultural equipment with operator), 8812

Type of Reservation: National treatment

Level of Government: Provincial – British Columbia

Measures: Range Act, S.B.C. 2004, c. 71

Description:

Investment
An applicant who can demonstrate local presence shall be given preference in the granting of grazing licences and permits.

Reservation I-PT-24

Sector: Forestry

Sub-Sector: Forestry and logging

Industry Classification: CPC 03

Type of Reservation: Performance requirements

Level of Government: Provincial – British Columbia

Measures: Forest Act, R.S.B.C. 1996, c. 157

Description:

Investment
An applicant may be required to commit to the establishment of a manufacturing facility to qualify for a forest licence.

Reservation I-PT-25

Sector: Forestry

Sub-Sector: Forestry and logging

Industry Classification: CPC 03

Type of Reservation:

Market access
National treatment
Performance requirements

Level of Government: Provincial – British Columbia

Measures: Forest Act, R.S.B.C. 1996, c. 157

Description:

Investment
The granting of a community salvage licence is limited to specific groups, notably societies and cooperative associations, for purposes such as providing social and economic benefits to British Columbia, contributing to government revenues, providing opportunities for achieving a range of community objectives, including employment and other social, environmental and economic benefits, encouraging cooperation within the community and among stakeholders, providing for the use of qualifying timber, and other factors that the Minister or a person authorised by the Minister specifies in the invitation or advertising.

Reservation I-PT-26

Sector: Forestry

Sub-Sector: Forestry and logging

Industry Classification: CPC 03

Type of Reservation:

Market access
Performance requirements

Level of Government: Provincial – British Columbia

Measures: Forest Act, R.S.B.C. 1996, c. 157

Description:

Investment
Only a limited number of restricted forest licences are granted. The granting of such licences may be subject to performance requirements, including the requirement to own or lease processing facilities in the Province.

Reservation I-PT-27

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

Market access
National treatment
Performance requirements

Level of Government: Provincial – British Columbia

Measures:

Land Act, R.S.B.C. 1996, c. 245
Ministry of Forest and Range Policy - Grazing Lease Policy dated November 15, 2004

Description:

Investment
1. The Land Act restricts Crown grants to Canadian citizens and to permanent residents. Crown land may also be granted in some circumstances to a government corporation, municipality, regional district, hospital board, university, college, board of education, francophone education authority as defined in the School Act, R.S.B.C. 1996, c. 412, other government related body or to the South Coast British Columbia Transportation Authority continued under the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, or any of its subsidiaries.

2. Only Canadian citizens may hold grazing lease tenures. Performance requirements are imposed on companies as a condition for the granting of grazing lease tenures.

Reservation I-PT-28

Sector: Fisheries

Sub-Sector:

Fish and other fishing products
Services incidental to fishing
Land

Industry Classification: CPC 04, 531, 882

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – British Columbia

Measures:

Fisheries Act, R.S.B.C. 1996, c. 149
Land Act, R.S.B.C. 1996, c. 245

Description:

Investment
Only a citizen or permanent resident of Canada is entitled to a Crown grant for aquaculture operations, unless the person's application for a disposition of Crown land was allowed prior to May 1, 1970.

Reservation I-PT-29

Sector: Fisheries

Sub-Sector:

Services incidental to fishing
Wholesale trade services

Industry Classification: CPC 04, 62112, 62224, 882

Type of Reservation:

National treatment
Performance requirements

Level of Government: Provincial – British Columbia

Measures:

Fisheries Act, R.S.B.C. 1996, c. 149
Commercial Fisheries and Mariculture: A Policy for the 1980s

Description:

Investment and Cross-Border Trade in Services
Residency, citizenship and performance requirements may be imposed as a condition of licensing to undertake the harvesting of fish, marine plants or wild oysters, or to undertake fish processing, buying or brokering. Offshore processing or processing at sea is limited to fishermen who process their own catches and if the fish species cannot be economically processed in existing shore based facilities.

Reservation I-PT-30

Sector: Transport

Sub-Sector:

Road transport services
Passenger transportation

Industry Classification: CPC 7121, 7122

Type of Reservation: Market access

Level of Government: Provincial – British Columbia

Measures:

Passenger Transportation Act, S.B.C. 2004, c. 39
Motor Vehicle Act, R.S.B.C. 1996, c. 318

Description:

Investment
1. The Passenger Transportation Act requires a person to obtain a passenger transportation licence from the Passenger Transportation Board to provide taxi or intercity bus services in British Columbia. The Board may approve an application for a licence if the Board considers that:

  1. there is a public need for the service;
  2. the applicant is "fit and proper" and capable of providing the service; and
  3. the application, if granted, would promote sound economic conditions in the passenger transportation business in British Columbia.

2. The Passenger Transportation Board has the power to impose terms and conditions on a licence. If the licence is to include an authorisation to operate motor vehicles as intercity buses, the terms and conditions of the licence include routes and minimum route frequencies for that operation. If the licence is to include an authorisation to operate motor vehicles as passenger directed vehicles (such as taxis and limousines), the terms and conditions of the licence include fleet size, rates and geographic operating area.

Reservation I-PT-31

Sector: Transport

Sub-Sector: Road transport services: public transit

Industry Classification: CPC 7121, 7122

Type of Reservation: Market access

Level of Government: Provincial – British Columbia

Measures:

British Columbia Transit Act, R.S.B.C. 1996, c. 38
South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30

Description:

Investment
1. British Columbia Transit is a Crown corporation with the exclusive authority to plan, acquire, and construct public passenger transportation systems that support regional growth strategies, official community plans and the economic development of the transit service areas in all areas of British Columbia, except the transportation service region supported by the South Coast British Columbia Transportation Authority.

2. The South Coast British Columbia Transportation Authority has exclusive authority to provide a regional transportation system for all municipalities and rural areas located in the Greater Vancouver Regional District that moves people and goods, and supports the regional growth strategy, provincial and regional environmental objectives (including air quality and greenhouse gas emission reduction objectives), and the economic development of the transportation service region.

Reservation I-PT-32

Sector: Energy

Sub-Sector:

Electricity
Services incidental to energy distribution

Industry Classification: CPC 171, 887

Type of Reservation:

National treatment
Performance requirements

Level of Government: Provincial – British Columbia

Measures:

BC Hydro Public Power Legacy and Heritage Contract Act, S.B.C. 2003. c. 86
Clean Energy Act, S.B.C. 2010, c. 22
Utilities Commission Act, R.S.B.C. 1996, c. 473
Hydro and Power Authority Act, R.S.B.C. 1996, c. 212

Description:

Investment and Cross-Border Trade in Services
1. In British Columbia, electric utilities operate as regulated monopoly distributors of electricity within the area they service.

2. British Columbia Hydro and Power Authority ("BC Hydro") is a Crown corporation that owns most of the generation, transmission and distribution facilities in British Columbia. BC Hydro receives differential treatment under provincial law and is exempted from British Columbia Utilities Commission review in some instances. BC Hydro is prohibited from disposing of (including by way of sale) any of its heritage assets, unless they are no longer used or useful.

3. Subject to direction from the Lieutenant Governor in Council, rates for the sale of electricity within the Province are regulated by the British Columbia Utilities Commission.

Reservation I-PT-33

Sector: Business services

Sub-Sector: Free miner

Industry Classification: CPC 8675

Type of Reservation: National treatment

Level of Government: Provincial – British Columbia

Measures: Mineral Tenure Act, R.S.B.C. 1996, c. 292

Description:

Cross-Border Trade in Services
To obtain a free miner certificate a person must be a resident of Canada for at least 183 days in each calendar year, or be authorised to work in Canada, or be a Canadian corporation or a partnership consisting of qualified individuals or Canadian corporations.

Reservations applicable in Manitoba

Reservation I-PT-34

Sector: Community and personal services

Sub-Sector:

Funeral
Cremation and undertaking services

Industry Classification: CPC 9703

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Manitoba

Measures: The Prearranged Funeral Services Act, C.C.S.M. c. F-200

Description:

Cross-Border Trade in Services
Anyone supplying prearranged funeral plans, on a for-profit basis, must have a licence. Only a person who regularly carries on the business of supplying funeral services and maintains an establishment in Manitoba for this purpose may apply for such a licence. Prearranged funeral plans can only be offered through the establishment associated with the licence.

Reservation I-PT-35

Sector: Service of membership organizations

Sub-Sector: Legal documentation and certification

Industry Classification: CPC 8613, 95910

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Manitoba

Measures:

The Marriage Act, C.C.S.M. c. M-50
Policy Respecting Residency or Citizenship of Appointees

Description:

Cross-Border Trade in Services
Under The Marriage Act, the Minister responsible may appoint a person as a marriage commissioner for the Province, or any part thereof specified by the Minister, and that person may solemnize ceremonies of marriage in accordance with the tenor of the appointment. The Minister may afford preferential treatment to Canadian citizens or permanent residents of Manitoba.

Reservation I-PT-36

Sector: Education

Sub-Sector: Other education services

Industry Classification: CPC 9290

Type of Reservation: National treatment

Level of Government: Provincial – Manitoba

Measures:

The Manitoba Registered Music Teachers' Association
Incorporation Act, R.S.M. 1990, c. 100

Description:

Cross-Border Trade in Services
No person may be admitted as a member of the Manitoba Registered Music Teachers' Association and thus use the title "Registered Music Teacher", unless that person can demonstrate six months' prior residence in Manitoba.

Reservation I-PT-37

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation: National treatment

Level of Government: Provincial – Manitoba

Measures: The Community Development Bonds Act, C.C.S.M. c. C-160

Description:

Investment
1. All directors of a community development bond corporation must be residents of Manitoba. Incorporators of the corporation must be residents of the municipality in which the corporation's head office is located or of a municipality nearby.

2. If the Government of Manitoba has provided a guarantee of the bond, only eligible bondholders may call on the guarantee. Eligible bondholders are those with a connection to Manitoba or Canada when they purchased the bond: for example, individuals resident in Manitoba, a Manitoba corporation established under the Canada Business Corporations Act, R.S.C., 1985, c. C-44, a corporation with a head office in Manitoba, a trust if the majority of trustees or beneficiaries are residents in Manitoba, or a Manitoba municipality.

3. The proceeds raised from the issue of community development bonds must be invested in "eligible businesses". These are corporations or co-operatives:

  1. incorporated under The Corporations Act, C.C.S.M., c. C225 or the Canada Business Corporations Act or The Co-operatives Act, C.C.S.M., c. C223, as the case may be;
  2. that carry on or are about to carry on business, on a for-profit basis, in Manitoba; and
  3. the Manitoba assets of which are (or will be, when the entity commences business) be controlled by persons resident in Manitoba (among other tests not involving a Manitoba presence or control or ownership by Manitoba residents).

Reservation I-PT-38

Sector: Agriculture

Sub-Sector:

Agricultural land
Forest and other wooded land

Industry Classification: CPC 531

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Manitoba

Measures: The Farm Lands Ownership Act, C.C.S.M. c. F-35

Description:

Investment
Only individuals who are citizens of Canada or permanent residents of Canada within the meaning of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 ("eligible individuals"), corporations, trusts, partnerships or other business entities entirely owned by active or retired farmers or eligible individuals, or a combination of these, governments (municipal and provincial) or government agencies, or qualified immigrants who are entitled and intend to become eligible individuals within two years after acquiring the farm land, may own more than 40 acres of Manitoba farmland.

Reservation I-PT-39

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Performance requirements

Level of Government: Provincial – Manitoba

Measures:

The Labour-sponsored Venture Capital Corporations Act,
C.C.S.M. c. L-12
The Corporations Act, C.C.S.M. c. C-225

Description:

Investment
1. Labour-sponsored Venture Capital Corporations are required to invest in active businesses (with assets valued at less than CAD $50 million) of which at least 50 per cent of the full-time employees are employees employed in Manitoba, or if at least 50 per cent of employees' wages and salaries are attributable to services rendered in Manitoba by the employees.

2. The corporations must be registered under the Act, and only corporations that have been incorporated under The Corporations Act may apply to be registered. This means that at least 25 per cent of the corporation's directors must be residents of Canada (or at least one, where there are three or fewer directors), pursuant to The Corporations Act.

Reservation I-PT-40

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation: National treatment

Level of Government: Provincial – Manitoba

Measures: The Cooperatives Act, C.C.S.M. c. C-223

Description:

Investment
A majority of directors of a cooperative must be resident in Canada. For a directors' meeting of a co-operative to be properly constituted, a majority of the directors at the meeting must be residents in Canada. A director who is a resident of Canada but not present at the meeting can approve the business transacted at a meeting, if the requisite majority would have been present had that director been present. The managing director of a co-operative must be resident in Canada.

Reservation I-PT-41

Sector: Agriculture

Sub-Sector:

Agricultural land
Forest and other wooded land
Crown land leases and permits
Services incidental to agriculture
Services incidental to animal husbandry

Industry Classification: CPC 531, 8811 (other than rental of agricultural equipment with operator), 8812

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Manitoba

Measures:

The Crown Lands Act, C.C.S.M. c. C-340
Agricultural Crown Land Leases Regulation, 168/2001
Agricultural Crown Land Grazing and Hay Permits Regulation, 288/88

Description:

Investment
1. To be eligible to obtain a forage lease of agricultural Crown lands, the tenant must be a Canadian citizen or have landed Canadian immigrant status, and a resident of Manitoba. If the tenant is a partnership or forage co-operative, every partner or member, as the case may be, must be a Canadian citizen or have landed Canadian immigrant status and must be a resident of Manitoba. If the tenant is a corporation, every shareholder must be a Canadian citizen or have landed Canadian immigrant status, and be a resident of Manitoba, and the corporation must be registered to carry on business in Manitoba.

2. A grazing permit or hay permit on agricultural Crown lands may only be granted to a person who is ordinarily resident in or near where the land described in the permit is situated.

Reservation I-PT-42

Sector: Agriculture

Sub-Sector:

Agricultural land
Forest and other wooded land
Recreational and other open land

Industry Classification: CPC 531, 533

Type of Reservation: National treatment

Level of Government: Provincial – Manitoba

Measures:

The Crown Lands Act, C.C.S.M. c. C-340
Policy respecting allocation, sale and lease of cottage lots and development of commercial establishments in provincial parks and on other Crown land

Description:

Investment
The Minister may afford preferential treatment to Manitoba residents over non-residents in the allocation, sale and lease of cottage lots and development of commercial establishments in provincial parks and on other Crown land.

Reservation I-PT-43

Sector: Fisheries

Sub-Sector:

Services incidental to fishing
Wholesale trade services

Industry Classification: CPC 04, 62224, 882

Type of Reservation:

Market access
National treatment
Performance requirements

Level of Government: Provincial – Manitoba

Measures:

The Fisheries Act, C.C.S.M. c. F-90
Fishing Licensing Regulation, Man. Reg. 124/97
Policy respecting the allocation of commercial fishing licences

Description:

Investment and Cross-Border Trade in Services
1. Unless otherwise authorised by regulation or by the Freshwater Fish Marketing Corporation (the "Corporation"), or in certain limited circumstances, no person is permitted to sell or purchase fish caught in Manitoba for delivery in Manitoba except through the Corporation.

2. The Minister has full discretion to issue commercial fishing licences and to place conditions on the licences. The current Policy specifies that commercial fishing licences are to be allocated, re-allocated and renewed according to the value of the benefits generated, in order of priority, to:

  1. local;
  2. regional; and
  3. provincial economies.

Reservation I-PT-44

Sector: Business services

Sub-Sector: Land surveyors

Industry Classification: CPC 8675

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Manitoba

Measures: The Land Surveyors Act, C.C.S.M. c. L-60

Description:

Investment and Cross-Border Trade in Services
1. A "Manitoba land surveyor" must be a natural person. Manitoba land surveyors are not permitted to provide land surveying services through a corporation. Commercial presence of a Manitoba land surveyor must take the form of a sole proprietorship or partnership.

2. A surveyor who practiced land surveying in Manitoba and subsequently became the citizen or subject of a foreign country must be re-naturalised in accordance with the provisions of the Citizenship Act R.S.C., 1985, c. C-29 prior to resuming practice in Manitoba.

Reservation I-PT-45

Sector: Business services

Sub-Sector: Legal advisory and representation services

Industry Classification: CPC 8612

Type of Reservation: National treatment

Level of Government: Provincial – Manitoba

Measures: The Legal Profession Act, C.C.S.M. c. L-107

Description:

Cross-Border Trade in Services
The provision of legal services to the public in Manitoba, concerning Manitoba laws, by inter-jurisdictional law firms is permissible only if, among other things, the firm maintains an office in Manitoba and in at least one other Canadian or foreign jurisdiction, and if at least one member of the firm is entitled to, and does, practice law principally in Manitoba.

Reservation I-PT-46

Sector: Wholesale trade

Sub-Sector: Pharmaceutical and medical goods

Industry Classification: CPC 62251

Type of Reservation: National treatment

Level of Government: Provincial – Manitoba

Measures: The Hearing Aid Act, C.C.S.M. c. H-38

Description:

Investment and Cross-Border Trade in Services
The Hearing Aid Board has the authority to certify hearing aid dealers and to prescribe preferential access to, and preferential conditions on, applicants for certification resident in Manitoba or Canada.

Reservation I-PT-47

Sector: Transport

Sub-Sector: Passenger transit systems

Industry Classification: CPC 71213, 71223

Type of Reservation: Market access

Level of Government: Provincial – Manitoba

Measures: The Highway Traffic Act, C.C.S.M. c. H-60

Description:

Investment and Cross-Border Trade in Services
The Manitoba Transport Board may limit the number of certificates granted to public passenger motor carriers on public roads in Manitoba. The Board may limit new public passenger motor carriers from entering the public service vehicle market or require motor carriers to take on less profitable routes if it considers public availability of the service to be essential.

Reservation I-PT-48

Sector: Business services

Sub-Sector: Accounting, auditing and bookkeeping services

Industry Classification: CPC 862

Type of Reservation: National treatment

Level of Government: Provincial – Manitoba

Measures:

The Chartered Accountants Act; C.C.S.M. c. C-70
The Certified General Accountants Act, C.C.S.M. c. C-46
The Certified Management Accountants Act, C.C.S.M. c. C-46.1
The Corporations Act, C.C.S.M. c. C-225

Description:

Investment
The first three Acts cited above indicate that an accounting, auditing, and bookkeeping corporation cannot be issued a corporate permit to offer services in Manitoba, unless incorporated under The Corporations Act. This means that at least 25 per cent of the corporation's directors must be residents of Canada (or at least one, if there are three or fewer directors).

Reservation I-PT-49

Sector: Business services

Sub-Sector: Auditing services

Industry Classification: CPC 8621

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Manitoba

Measures:

The Chartered Accountants Act, C.C.S.M. c. C-70
The Certified General Accountants Act, C.C.S.M. c. C-46
The Certified Management Accountants Act, C.C.S.M. c. C-46.1
The Addictions Foundation Act, C.C.S.M. c. A-60
The Convention Centre Act, S.M. 1988-89 c. 39 amended
The Crown Corporations Public Review and Accountability Act, C.C.S.M. c. C-336 amended
The Insurance Act, C.C.S.M. c. 140
The Municipal Act, C.C.S.M. c. M-225
The Northern Affairs Act, C.C.S.M. c. N-100 amended
The Public Schools Act, C.C.S.M. c. P-250 amended
The Trustee Act, C.C.S.M. c. T-160 amended
The City of Winnipeg Charter, S.M. 2002, c. 39 amended
The Concordia Hospital Incorporation Act, R.S.M. 1990, c. 39
The Hudson Bay Mining Employees' Health Association Incorporation Act, R.S.M. 1990, c. 68
The Investors Syndicate Limited Incorporation Act, R.S.M. 1990, c. 77
The Mount Carmel Clinic Act, R.S.M. 1990, c. 120
L'Œuvre des bourses du Collège de Saint-Boniface Incorporation Act, R.S.M. 1990, c. 132
The Seven Oaks General Hospital Incorporation Act, R.S.M. 1990, c. 180
The United Health Services Corporation Incorporation Act, R.S.M. 1990, c. 201
The Winnipeg Art Gallery Incorporation Act, R.S.M. 1990, c. 216
The Winnipeg Clinic Incorporation Act, R.S.M. 1990, c. 220

Description:

Investment and Cross-Border Trade in Services
The above listed Acts require that auditing services be performed by a person who is authorised to practice as an accountant under either The Chartered Accountants Act, The Certified General Accountants Act or The Certified Management Accountants Act.

Reservation I-PT-50

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation: National treatment

Level of Government: Provincial – Manitoba

Measures: The Corporations Act, C.C.S.M. c. C-225

Description:

Investment
At least 25 per cent of a corporation's directors must be residents of Canada (or at least one, if there are three or fewer directors). Directors must not transact business at a meeting of directors unless at least 25 per cent of the directors present are residents of Canada (or if there are three or fewer directors, at least one of the directors present is a resident of Canada). If the directors delegate any of their powers to a managing director or to a committee, the managing director or a majority of the members of the committee, as the case may be, must be a resident or residents of Canada.

Reservation I-PT-51

Sector: Hunting

Sub-Sector:

Services incidental to hunting
Hunting, fishing and trapping industries
Tourist guide agencies
Own-account hunting

Industry Classification: CPC 7472, 8813, 96419

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Manitoba

Measures:

The Wildlife Act, C.C.S.M. c. W–130
Allocation of Hunting Licences Regulation, Man. Reg. 77/2006
Captive Wild Animal Regulation, Man. Reg. 23/98
Exotic Wildlife Regulation, Man. Reg. 78/99
General Hunting Regulation, Man. Reg. 351/87
Hunting Dogs Regulation, Man. Reg. 79/95
Hunting Seasons and Bag Limits Regulation, Man. Reg. 165/91
Miscellaneous Licences and Permits Regulation, Man. Reg. 53/2007
Trapping Areas and Zones Regulation, Man. Reg. 149/2001
Hunting Guides Regulation, Man. Reg. 110/93
Manitoba Trapping Guide 2011/2012
The Resource Tourism Operators Act, C.C.S.M. c. R119.5

Description:

Investment and Cross-Border Trade in Services
Pursuant to the above Acts and Regulations the Minister, and the Administrator appointed by the Minister, has the discretion to issue permits or licences required under the Acts to a person, subject to such terms and conditions as the Minister or Administrator considers advisable, and to make regulations ancillary to the foregoing. The Regulations may prescribe preferential access to permits and licences, and preferential conditions on such permits and licences, for residents of Manitoba or Canada.

Reservation I-PT-52

Sector: Agriculture

Sub-Sector:

Products of agriculture
Services incidental to agriculture

Industry Classification: CPC 01, 8811 (other than rental of agricultural equipment with operator)

Type of Reservation: National treatment

Level of Government: Provincial – Manitoba

Measures: The Wild Rice Act, C.C.S.M. c. W-140

Description:

Investment and Cross-Border Trade in Services
Only persons who have been resident in Manitoba for at least one year are entitled to apply for a licence, permit, load slip or export certificate under this Act.

Reservation I-PT-53

Sector: Forestry

Sub-Sector:

Forestry and logging products
Services incidental to manufacturing

Industry Classification: CPC 0311, 0312, 8843

Type of Reservation:

National treatment
Performance requirements

Level of Government: Provincial – Manitoba

Measures:

The Forest Act, C.C.S.M. c. F-150
Forest Use and Management Regulation, Man. Reg. 227/88R

Description:

Investment and Cross-Border Trade in Services
Pursuant to the above Act and Regulation, the Minister is responsible for regulating all forestry matters in accordance with the Act and Regulation, and has the discretion to make grants or issue permits or licences required under the Act to a person, subject to such terms and conditions as the Minister considers advisable. Timber cutting rights must be granted in a way that the Minister believes secures the maximum benefit for Manitoba's forestry industry. Manitoba residents or Canadian citizens may be given preference if such grants are made or permits or licences are issued.

Reservation I-PT-54

Sector: Transport

Sub-Sector: Passenger road transport (taxicabs)

Industry Classification: CPC 71221

Type of Reservation: Market access

Level of Government: Provincial – Manitoba

Measures:

The Taxicab Act, C.C.S.M. c. T-10
The Highway Traffic Act, C.C.S.M. c. H-60

Description:

Investment and Cross-Border Trade in Services
1. The Taxicab Act requires all persons seeking to operate a taxi or carry on a taxi business to apply for and obtain a taxicab business licence from the Taxicab Board. The Board has the power to impose terms and conditions on a taxicab business licence it issues. In deciding whether or not to grant a licence, the Board must apply tests of public convenience and necessity in respect of the number of taxicabs required in The City of Winnipeg.

2. The Highway Traffic Act requires all persons seeking to operate a taxi across municipal boundaries to apply for and obtain a certificate from the Motor Transport Board. The Board has the power to impose terms and conditions on a certificate it issues. In deciding whether or not to grant a certificate, the Board must consider if the existing facilities for transportation are insufficient or that the public convenience will be promoted by the establishment or continuance from year to year of the proposed transportation service.

Reservation I-PT-55

Sector: Agriculture

Sub-Sector:

Products of agriculture
Live animals and animal products
Meats and dairy products
Other food products n.e.c.
Services incidental to agriculture

Industry Classification: CPC 01, 02, 21, 22, 239, 8811 (other than rental of agricultural equipment with operator)

Type of Reservation: National treatment

Level of Government: Provincial – Manitoba

Measures:

The Farm Products Marketing Act, C.C.S.M. c. F-47
Dairy Farmers of Manitoba Marketing Plan Regulation, Man. Reg. 89/2004
Manitoba Egg and Pullet Producers Marketing Plan Regulation, Man. Reg. 70/2005
Manitoba Chicken Broiler Producers Marketing Plan Regulation, Man. Reg. 246/2004
Manitoba Turkey Producers Marketing Plan Regulation, Man. Reg. 38/2004
Manitoba Vegetable Producers Marketing Plan Regulation, Man. Reg. 117/2009
The Milk Prices Review Act, C.C.S.M. c. M-130

Description:

Investment and Cross-Border Trade in Services
The boards and commissions under the above measures may afford preferences to permanent residents of Manitoba or Canadian citizens.

Reservation I-PT-56

Sector: Energy

Sub-Sector: Electrical power

Industry Classification: CPC 17, 887

Type of Reservation: National treatment

Level of Government: Provincial – Manitoba

Measures:

The Manitoba Hydro Act, C.C.S.M. c. H-190
The Public Utilities Board Act, C.C.S.M. c. P-280
The Water Power Act, C.C.S.M. c. W-60
The Environment Act, C.C.S.M. c. E-125
The Crown Corporations Public Review and Accountability Act, C.C.S.M. c. C336

Description:

Investment and Cross-Border Trade in Services
1. The above measures, among other things, permit the Government of Manitoba or Manitoba Hydro to:

  1. regulate, and issue various licences, authorisations or approvals relating to the generation, transmission, distribution, importation, exportation and supply and sale of electricity, if generated from renewable energy sources or from other goods, forces or sources from which it is possible to generate electricity;
  2. regulate the development, construction or maintenance of power plants, generating stations, substations, transmission lines, transmission towers and other facilities or structures or equipment required in connection with any of the activities set out in paragraph (a); and
  3. transfer or grant real property or interests in real property in Manitoba, or transfer personal property or interests in personal property, in connection with any of the activities set out in paragraphs (a) or (b).

2. Without limiting the generality of the foregoing, these measures may involve discrimination in favour of Manitoba residents or entities formed in accordance with the laws of Canada (and having a place of business in Manitoba).

Reservation I-PT-57

Sector: Alcoholic beverages

Sub-Sector:

Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages

Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107

Type of Reservation: National treatment

Level of Government: Provincial – Manitoba

Measures:

The Liquor and Gaming Control Act, C.C.S.M. c. L-160
The Corporations Act, C.C.S.M. c. C-225

Description:

Investment and Cross-Border Trade in Services
The Liquor and Gaming Control Authority of Manitoba has the discretion to grant licences to sell alcoholic beverages. If the applicant is an individual, the licence may only be issued to an adult natural person who is a Canadian citizen or has permanent residence status and resides in Canada. If the applicant is a partnership, all of its members must meet this requirement. If the applicant is a corporation, it must be incorporated or authorised to carry on its business in Manitoba under Manitoba law. If the applicant is incorporated under Manitoba law, 25 per cent of the corporation's directors must be residents of Canada (or at least one, if there are three or fewer directors).

Reservation I-PT-58

Sector: Recreational, cultural and sporting services

Sub-Sector: Gambling and betting

Industry Classification: CPC 96492

Type of Reservation: National treatment

Level of Government: Provincial – Manitoba

Measures:

The Liquor and Gaming Control Act, C.C.S.M. c. G-5
The Manitoba Liquor and Lotteries Corporation Act, C.C.S.M. c. L-210
The Manitoba Horse Racing Commission Act, C.C.S.M. c. H-90
Rules of Thoroughbred Racing and Commission Directives, 2011
Rules of Standardbred Racing and Commission Directives, 2010
Commission Quarterhorse Directives, 2011
Pari-Mutuel Betting Supervision Regulations, SOR 91-365

Description:

Investment and Cross-Border Trade in Services
Gaming Activities by Charitable and Religious Organisations, Fairs and Exhibitions and Concession and Amusement Operators

1. Charitable and religious organisations, fairs and exhibitions and concession and amusement operators may not carry on gaming activities in Manitoba unless they are licenced to do so by the Liquor and Gaming Control Authority of Manitoba or by another body authorised by Manitoba. The Liquor and Gaming Control Authority has discretion to issue these licences subject to such terms and conditions as it considers advisable, and may afford preferential treatment to applicants with a presence in Manitoba.

2. No one may become an employee of The Manitoba Liquor and Lotteries Corporation or of a Manitoba gaming operator, or regularly be in a premises in Manitoba if the gaming activity is taking place for the purpose of providing a gaming service, unless they have been registered for this purpose by the Liquor and Gaming Control Authority. The Liquor and Gaming Control Authority has discretion to register a person, subject to such terms and conditions as it considers advisable, and may afford preferential treatment to Canadian citizens or permanent residents of Manitoba.

3. No proprietor, business entity or association may become a Manitoba gaming operator, a Manitoba video lottery terminal siteholder, a Manitoba lottery ticket retailer or a supplier of gaming supplies or gaming services in Manitoba unless they have been registered for this purpose by the Liquor and Gaming Control Authority. The Liquor and Gaming Control Authority has discretion to register a proprietor, business entity or association, subject to such terms and conditions as it considers advisable, and may afford preferential treatment to Canadian citizens or permanent residents of Manitoba or to business entities or associations with a presence in Manitoba.

Gaming Activities – Lottery Schemes

4. Only the Government of Manitoba is authorised to conduct and manage lottery schemes in Manitoba that fall outside the authority of the Liquor and Gaming Control Authority or other bodies authorised to issue licences to conduct and manage lottery schemes in Manitoba. Manitoba conducts and manages lottery schemes within Manitoba through The Manitoba Liquor and Lotteries Corporation, as agent for Manitoba. Manitoba also conducts and manages lottery schemes in Manitoba and one or more other Canadian jurisdictions in co-operation with the governments of those other jurisdictions through Western Canada Lottery Corporation and Interprovincial Lottery Corporation. The Manitoba Liquor and Lotteries Corporation, Western Canada Lottery Corporation and Interprovincial Lottery Corporation are collectively referred to as the "Corporations".

5. Manitoba and the Corporations may afford preferential treatment to Canadian citizens or permanent residents of Manitoba or to business entities with a presence in Manitoba in connection with any of the foregoing activities.

Horse Racing and Betting

6. No one may operate a race track or a pari-mutuel betting theatre or act as a concessionaire on a race track or in a betting theatre in Manitoba unless they are licenced to do so by the Horse Racing Commission. The Commission has discretion to issue licences to any person or business entity, subject to such terms and conditions as it considers advisable, and may afford preferential treatment to Canadian citizens or permanent residents of Manitoba or business entities with an office in Manitoba.

Reservations applicable in New Brunswick

Reservation I-PT-59

Sector: Forestry

Sub-Sector:

Agricultural, forest and other wooded land
Forestry and logging products

Industry Classification: CPC 03, 531

Type of Reservation: Performance requirements

Level of Government: Provincial – New Brunswick

Measures: Crown Lands and Forest Act, S.N.B. 1980, c. C-38.1

Description:

Investment
Subject to certain exceptions every licence or permit authorising the cutting of Crown timber shall be granted on condition that all timber cut thereunder must be processed in New Brunswick into lumber, pulp or other wood products.

Reservation I-PT-60

Sector: Mining

Sub-Sector:

Mining
Quarrying and oil well industries

Industry Classification: CPC 11, 12, 13, 14, 15, 16

Type of Reservation: Performance requirements

Level of Government: Provincial – New Brunswick

Measures: Mining Act, S.N.B. 1985, c. M-14.1

Description:

Investment
If required to do so by the Minister at the time a mining lease is granted or at any time thereafter, a lessee shall process or further process in the Province any minerals mined in the Province under the mining lease.

Reservation I-PT-61

Sector: Alcoholic beverages

Sub-Sector:

Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages

Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107

Type of Reservation:

National treatment
Performance requirements

Level of Government: Provincial – New Brunswick

Measures: Liquor Control Act, R.S.N.B. 1973, c. L-10

Description:

Investment and Cross-Border Trade in Services
1. The New Brunswick Liquor Commission ("ANBL") is a Government of New Brunswick Crown agency that is the sole importer and wholesaler, retailer, and distributor of alcoholic beverages in New Brunswick. The above measures permit New Brunswick to regulate and authorise the importation, purchase, production, distribution, supply, marketing and sale of alcoholic beverages in New Brunswick. The ANBL sets, at its discretion, performance requirements that must be met or exceeded in order for the importation, distribution and retail relationship to continue with any given supplier be they domestic or international.

2. The ANBL reserves the right to preferentially promote and market locally produced alcoholic beverage products.

Reservations applicable in Newfoundland and Labrador

Reservation I-PT-62

Sector: Energy

Sub-Sector: Crude petroleum and natural gas

Industry Classification: CPC 120, 7112, 71232, 7131, 7422, 8675, 883, 887

Type of Reservation:

Market access (CPC 71232 and 7422 only)
National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Newfoundland and Labrador

Measures:

Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2
Canada-Newfoundland Atlantic Accord – February 11, 1985
Energy Corporation Act, S.N.L. 2007, c. E-11.01
Petroleum and Natural Gas Act, RSNL 1990, c. P-10

Description:

Investment and Cross-Border Trade in Services
The above measures permit the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the exploration, production, extraction, development and transportation of hydrocarbons, and the granting of exclusive rights to operate hydrocarbon distribution systems and storage facilities, including, related hydrocarbon pipelines, marine distribution, transshipment facilities and transport services. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.

Reservation I-PT-63

Sector: Energy

Sub-Sector:

Electricity
Services incidental to energy distribution

Industry Classification: CPC 171, 887

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Newfoundland and Labrador

Measures:

Electric Power Control Act, 1994, S.N.L. 1994, c. E-5.1
Energy Corporation Act, S.N.L. 2007, c. E-11.01
Energy Corporation of Newfoundland and Labrador Water Rights Act, S.N.L. 2008, c. E-11.02
Hydro Corporation Act, 2007, SNL 2007, c. H-17
Lower Churchill Development Act, RSNL 1990, c. L-27
Lands Act, SNL 1991, c. 36
Water Resources Act, SNL 2002, c. W-401

Description:

Investment and Cross-Border Trade in Services
1. The above measures, among other things, permit the Government of Newfoundland and Labrador to:

  1. regulate and issue various authorisations relating to the production, generation, development, transmission (including system control), distribution, delivery, supply and exportation of electricity, and provide for the construction and maintenance of related facilities;
  2. provide for the granting of the lands or waters within the domain of the Province for a good, source or force of energy from which it is possible to produce electricity, including the installation of wind turbines and hydroelectric developments; and
  3. set and modify rates for electricity.

2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.

Reservation I-PT-64

Sector: Forestry

Sub-Sector:

Wood in the rough
Products of wood, cork, straw and plaiting materials
Forestry and logging products
Pulp, paper and paper products
Manufacture of wood and of products of wood and cork, except furniture
Manufacture of articles of straw and plaiting materials, on a fee or contract basis

Industry Classification: CPC 031, 31, 321, 88430

Type of Reservation:

Market access (CPC 31 only)
National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Newfoundland and Labrador

Measures:

Forestry Act, R.S.N.L. 1990, c. F-23
Forest Protection Act, R.S.N.L. 1990, c. F-22
Plant Protection Act, R.S.N.L. 1990, c. P-16

Description:

Investment
The above measures allow the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the production, extraction and development of forestry resources and related products within the Province. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.

Reservation I-PT-65

Sector: Agriculture

Sub-Sector:

Products of agriculture
Forestry and fishing
Wholesale trade services of agriculture raw materials and live animals
Services incidental to agriculture, hunting and forestry
Services incidental to fishing

Industry Classification: CPC 01, 021, 029, 04, 21, 22, 6221, 62224, 881 (other than rental of agricultural equipment with operator and 8814), 882

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Newfoundland and Labrador

Measures:

Farm Products Corporation Act, R.S.N.L. 1990, c. F-5
Natural Products Marketing Act, R.S.N.L. 1990, c. N-2
Poultry and Poultry Products Act, R.S.N.L. 1990, c. P-18

Description:

Investment and Cross-Border Trade in Services
The above measures allow the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the production and marketing of agricultural and food products and the marketing of fish products and wild fur within the Province, including measures related to the supply management of dairy, eggs and poultry products. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, the imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.

Reservation I-PT-66

Sector: Fisheries

Sub-Sector:

Fish and other fishing products
Prepared and preserved fish
Wholesale trade services of fisheries products
Services incidental to fishing

Industry Classification: CPC 04, 212, 62224, 882

Type of Reservation: Performance requirements

Level of Government: Provincial – Newfoundland and Labrador

Measures:

Fisheries Act, S.N.L. 1995, c. F-12.1
Aquaculture Act, R.S.N.L. 1990, c. A-13
Fish Inspection Act, R.S.N.L. 1990, c. F-12
Fishing Industry Collective Bargaining Act, R.S.N.L. 1990, c. F-18
Fish Processing Licensing Board Act, S.N.L. 2004, c. F-12.01
Professional Fish Harvesters Act, S.N.L. 1996, c. P-26.1
Lands Act, S.N.L. 1991, c. 36
Water Resources Act, S.N.L. 2002 c. W-4.01

Description:

Investment
The above measures allow the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the production, processing or marketing of fish and aquaculture fish products, including the transfer, delivery or transmission of marine products by fish harvesters, aquaculturalists and subsequent purchasers. These measures provide for the imposition of performance requirements in certain circumstances.

Reservation I-PT-67

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Senior management and boards of directors

Level of Government: Provincial – Newfoundland and Labrador

Measures: Corporations Act, R.S.N.L 1990, c. C-36

Description:

Investment
1. At least 25 per cent of the directors of all corporations incorporated under the Corporations Act must be resident Canadians, except:

  1. a corporate body that was incorporated under The Companies Act and was continued under the Corporation Act, and maintains the same proportion of non-resident directors after January 1, 1987 that it had before January 1, 1987; or
  2. a corporation that earns no income in Canada.

2. Directors of a corporation incorporated under the Corporations Act must not transact a business at a meeting of directors unless at least 25 per cent of directors present are resident Canadians, except if a resident Canadian director who is unable to be present approves, in writing or by telephone or other communications facilities, of the business transacted, and at least 25 per cent of the directors at the meeting would have been resident Canadian had that director been present.

Reservation I-PT-68

Sector: Business services

Sub-Sector: Surface surveying services

Industry Classification: CPC 86753

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Newfoundland and Labrador

Measures: Land Surveyors Act, 1991, S.N.L. 1991, c. C-37

Description:

Investment and Cross-Border Trade in Services
Canadian permanent residency is required for the issuance of a certificate of authorisation to a firm, a partnership or corporate body to practice surveying within the Province.

Reservation I-PT-69

Sector: Business services

Sub-Sector: Private investigation and security services

Industry Classification: CPC 873

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Level of Government: Provincial – Newfoundland and Labrador

Measures: Private Investigation and Security Services Act, R.S.N.L. 1990, c. P-24

Description:

Investment and Cross-Border Trade in Services
1. The holder of a licence to carry on the business of private investigation or security services agency must be a citizen or permanent resident of Canada, and the manager of such business must ordinarily reside in Canada.

2. A majority of the board of directors must be permanent residents of Canada.

Reservation I-PT-70

Sector: Tourism

Sub-Sector:

Services incidental to hunting, tourist guide agencies
Own-account hunting

Industry Classification: CPC 7472, 8813, 96419

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Newfoundland and Labrador

Measures: Wild Life Act, R.S.N.L. 1990, c. W-8

Description:

Investment and Cross-Border Trade in Services
1. Non-residents of the Province must employ licenced guides while undertaking certain licenced hunting activities within the Province.

2. Non-residents of the Province are not permitted to obtain certain types of licences, and are required to obtain non-resident licences to undertake certain fishing activities within the Province.

3. Canadian residency is required in order to obtain registration as a guide.

Reservation I-PT-71

Sector: Land

Sub-Sector: Recreational and other open land

Industry Classification: CPC 5330

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Newfoundland and Labrador

Measures:

Lands Act, S.N.L. 1991, c. 36
Policy Directive FT. 004 (Amendment 1), 2001

Description:

Investment
Only permanent residents of the Province are eligible to receive residential cottage licences for Crown land.

Reservation I-PT-72

Sector: Transport

Sub-Sector: Railroad transportation services

Industry Classification: CPC 711

Type of Reservation: Performance requirements

Level of Government: Provincial – Newfoundland and Labrador

Measures: Rail Service Act, 2009, S.N.L. 2009, c. R-1.2

Description:

Investment
A person seeking to purchase, operate or construct a rail service within the Province must first obtain Provincial approval. This approval may be granted on terms and conditions the Province considers appropriate. Without limiting the generality of the foregoing, this approval may involve discretionary decisions based on various factors, including the imposition of performance requirements.

Reservation I-PT-73

Sector: Transport

Sub-Sector: Other land transportation services

Industry Classification: CPC 712

Type of Reservation:

Market access
Performance requirements

Level of Government: Provincial – Newfoundland and Labrador

Measures:

Aquaculture Act, R.S.N.L. 1990, c. A-13
Fisheries Act, S.N.L. 1995, c. F-12.1
Fish Inspection Act, R.S.N.L. 1990, c. F-12
Liquor Corporation Act, R.S.N.L. 1990, c. L-19
Liquor Control Act, R.S.N.L. 1990, c. L-18
Motor Carrier Act, R.S.N. 1990, c. M-19
Professional Fish Harvesters Act, S.N.L. 1996, c. P-26.1

Description:

Investment
Public convenience and needs tests are applied to passenger transportation and to some subsectors of freight transportation within the Province. The criteria relating to approval include: the adequacy of current levels of service, market conditions establishing the requirement for the expanded service, the effect of new entrants on public convenience, and the fitness, willingness and ability of the applicant to provide proper service. Performance requirements may be imposed.

Reservation I-PT-74

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Newfoundland and Labrador

Measures: Labour Relations Act, R.S.N.L. 1990, c. L-1

Description:

Investment
The above measure allows the Lieutenant Governor in Council of Newfoundland and Labrador to issue Special Project Orders. Without limiting the generality of the foregoing, these Orders may involve discretionary decisions based on various factors and limitations on or linkages to investment or market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.

Reservation I-PT-75

Sector: Recreational, cultural, sporting and associated services

Sub-Sector:

Gambling and betting
Services incidental to manufacturing of metal products, machinery and equipment

Industry Classification: CPC 8844, 885, 96492

Type of Reservation:

Market access (CPC 8844 and 885 only)
National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Newfoundland and Labrador

Measures: Lotteries Act, S.N.L. 1991, c. 53

Description:

Investment and Cross-Border Trade in Services
1. The above measure permits the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to services, suppliers of services, manufacturing, suppliers of materials, operations and repairs relating to lotteries, lottery schemes, amusement machines, video lottery machines, games of chance, races, betting theatres, bingo casinos and promotional contests.

2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.

Reservation I-PT-76

Sector: Alcoholic beverages

Sub-Sector:

Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages

Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107, 643 and 88411

Type of Reservation:

Market access
National treatment
Performance requirements

Level of Government: Provincial – Newfoundland and Labrador

Measures:

Liquor Corporation Act, R.S.N.L. 1990, c. L-19
Liquor Control Act, R.S.N.L. 1990, c. L-18

Description:

Investment and Cross-Border Trade in Services
1. The above measures permit the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the production, distribution, supply, sale, and marketing of alcoholic beverages.

2. The Newfoundland Liquor Corporation operates as a monopoly responsible for the distribution, supply, transport, sale and marketing of alcoholic beverages.

3. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.

Reservation I-PT-77

Sector: Business services

Sub-Sector: Legal services (notaries)

Industry Classification: CPC 861

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Newfoundland and Labrador

Measures: Notaries Public Act, R.S.N.L. 1990, c. N-5

Description:

Investment and Cross-Border Trade in Services
Only a Canadian citizen that is resident in the Province is eligible to become a notary public for the Province.

Reservations applicable in the Northwest Territories

Reservation I-PT-78

Sector: Business services

Sub-Sector: Legal services (notaries public)

Industry Classification: CPC 861

Type of Reservation:

Market access
National treatment

Level of Government: Territorial – Northwest Territories

Measures: Evidence Act, R.S.N.W.T. 1988, c. E-8, s. 79

Description:

Investment and Cross-Border Trade in Services
A person who seeks appointment as a notary public must reside in the Northwest Territories and be either a citizen of Canada or a person who has the status of a permanent resident of Canada.

Reservation applicable in Nova Scotia

Reservation I-PT-79

Sector: Business services

Sub-Sector: Accounting services

Industry Classification: CPC 862

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Nova Scotia

Measures:

Certified General Accountants Act, S. N.S. 1998, c. 10
Certified Management and Accountants of Nova Scotia Act, S.N.S. 2005, c. 35
Public Accountants Act, R.S.N.S. 1989, c. 369
Chartered Accountants Act, S.N.S. 1994, c. 14

Description:

Cross-Border Trade in Services Only residents of Canada are eligible to be licenced to practice as a public accountant in Nova Scotia and to use the designation "Public Accountant".

Reservation I-PT-80

Sector: Tourism and recreational services

Sub-Sector:

Service incidental to hunting
Tour guide agencies
Own-account hunting

Industry Classification: CPC 7472, 8813, 96419

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Nova Scotia

Measures: Wildlife Act, R.S.N.S. 1989, c. 504

Description:

Cross-Border Trade in Services
Only Nova Scotia residents are eligible to receive a fur harvesters' or moose hunting licence. Non-residents may be subject to supervision by a qualified guide while hunting or fishing in designated rivers.

Reservation I-PT-81

Sector: Transport

Sub-Sector: Highway freight transport

Industry Classification: CPC 7123

Type of Reservation:

Market access
Performance requirements

Level of Government: Provincial – Nova Scotia

Measures: The Public Utilities Act, R.S., c. 380, s. 1

Description:

Investment
Public convenience and needs tests are applied to some sub-sectors of freight transportation within the Province. The criteria relating to approval include the adequacy of current levels of service, market conditions establishing the requirement for the expanded service, the effect of new entrants on public convenience, and the fitness, willingness and ability of the applicant to provide proper service. Performance requirements may be imposed.

Reservation I-PT-82

Sector: Transport

Sub-Sector: Interurban motor bus transport and scheduled services

Industry Classification: CPC 7121

Type of Reservation:

Market access
Performance requirements

Level of Government: Provincial – Nova Scotia

Measures: Public Utilities Act, R.S.N.S. 1989, c. 380

Description:

Investment and Cross-Border Trade in Services
Licencing of new entrants to this service is subject to public convenience and needs tests which includes: the examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; the effect of new entrants on public convenience, including the continuity and quality of service; and the fitness, willingness and ability of the applicant to provide proper service. Performance requirements may be imposed.

Reservation I-PT-83

Sector: Land

Sub-Sector: Other land

Industry Classification: CPC 539

Type of Reservation: National treatment

Level of Government: Provincial – Nova Scotia

Measures: Land Titles Clarification Act, R.S.N.S. 1989, c. 250

Description:

Investment
An applicant who claims land in a land titles clarification area based on historical adverse possession must be a resident of Nova Scotia.

Reservation I-PT-84

Sector: Credit and collection services

Sub-Sector:

Credit reporting and collection agency services
Consumer reporting agencies

Industry Classification: CPC 87901, 87902, 87909

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Nova Scotia

Measures:

Consumer Creditors' Conduct Act, R.S.N.S., c. 91
Consumer Protection Act, R.S.N.S., c. 92
Consumer Reporting Act, R.S.N.S., c. 93
Consumer Services Act, R.S.N.S., c. 94
Direct Sellers Licensing and Regulation Act, R.S.N.S. 1989, c. 129

Description:

Investment and Cross-Border Trade in Services
1. Whether as an individual or partnership, an applicant for registration as a consumer reporting agency must be a Canadian citizen or lawfully admitted to Canada and ordinarily resident. A corporate applicant must be incorporated in Canada and registered to do business in Nova Scotia. A consumer reporting agency, whether an individual, partnership, or corporation, shall operate from the fixed place of business in Nova Scotia, that shall be open to the public during normal business hours.

2. Credit Reporting and Collection Agency Services must be supplied through a commercial presence.

3. Permanent residency is required to provide Consumer Agents Services

4. A licence application requires an address for service in Nova Scotia with direct sellers maintaining a permanent place of business in Nova Scotia.

Reservation I-PT-85

Sector: Alcoholic beverages

Sub-Sector:

Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages

Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107, 643, 88411

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Nova Scotia

Measures: Liquor Control Act, R.S.N.S. 1989, c. 260

Description:

Investment and Cross-Border Trade in Services
1. The above measure allows the Province, through the monopoly of the Nova Scotia Liquor License Corporation, to regulate and issue various authorisations relating to the purchase, importation, possession, delivery and sale of liquor and merchandise.

2. Without limiting the generality of the foregoing, this measure may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.

Reservation I-PT-86

Sector: Community and personal services

Sub-Sector: Religious organizations

Industry Classification: CPC 95910

Type of Reservation: National treatment

Level of Government: Provincial – Nova Scotia

Measures: Solemnization of Marriage Act, R.S.N.S. 1989, c. 436

Description:

Cross-Border Trade in Services
Only Nova Scotia residents may be registered as a person authorised to perform marriages.

Reservation I-PT-87

Sector: Mining

Sub-Sector: Mining, quarrying, and oil well industries

Industry Classification: CPC 11, 12, 13, 14, 15, 16, 883

Type of Reservation: Performance requirements

Level of Government: Provincial – Nova Scotia

Measures: Mineral Resources Act, S.N.S. 1990, c. 18

Description:

Investment
1. Except for testing, no person shall remove from the Province to a place outside of Canada for processing an output from a mine in the Province without first obtaining the consent of the Minister.

2. A penalty equal to three times the royalty an operator would otherwise be required to pay may be ordered for failure to obtain consent.

3. Differential royalties also apply for mine output processed outside Nova Scotia.

Reservation I-PT-88

Sector: Recreational, cultural and sporting services

Sub-Sector:

Gambling and betting
Services incidental to manufacturing

Industry Classification: CPC 8844, 885, 96492

Type of Reservation:

Market access (only to CPC 8844 and 885)
National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Nova Scotia

Measures: Gaming Control Act, S.N.S. 1994-95, c. 4

Description:

Investment and Cross-Border Trade in Services
1. The above measure allows the Province to regulate and issue various authorisations relating to services, suppliers of services, manufacturing, suppliers of materials, operations and repairs relating to lotteries, lottery schemes, amusement machines, video lottery machines, games of chance, races, betting theatres, bingo casinos and promotional contest.

2. Without limiting the generality of the foregoing, these measures may involve discretionary decision based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.

Reservation I-PT-89

Sector: Community and personal services

Sub-Sector: Funeral, cremation and undertaking services

Industry Classification: CPC 9703

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Nova Scotia

Measures: Embalmers and Funeral Directors Act, R.S.N.S., c. 144

Description:

Investment and Cross-Border Trade in Services
1. The Minister has power to refuse to issue or re-issue a licence in respect of a funeral home for any reasonable cause.

2. The regulation provides that a person applying for an apprentice embalmer's licence must have completed one of two courses of study in Nova Scotia. If a person has completed a course of study in a jurisdiction other than Nova Scotia, the Board has the discretion not to approve or accept the course of study.

Reservation I-PT-90

Sector: Energy

Sub-Sector: Crude oil and natural gas

Industry Classification: CPC 120, 7112, 71232, 7131, 7422, 8675, 883, 887

Type of Reservation:

Market access (CPC 71232 and 7422 only)
National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Nova Scotia

Measures:

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, S.N.S. 1987, c. 3
Crown Lands Act, R.S.N.S. 1989, c. 114
Gas Distribution Act, S.N.S. 1997, c. 4
Offshore Petroleum Royalty Act, S.N.S. 1987, c. 9
Petroleum Resources Act, R.S.N.S. 1989, c. 342
Petroleum Resources Removal Permit Act, S.N.S. 1999, c. 7
Pipeline Act, R.S.N.S. 1989, c. 345
Public Utilities Act, R.S.N.S. 1989, c. 380

Description:

Investment and Cross-Border Trade in Services
1. The Government of Nova Scotia regulates and issues various authorisations relating to the exploration, production, extraction, processing, development and transportation of hydrocarbons, and the granting of exclusive rights to operate hydrocarbon distribution systems and storage facilities, including related hydrocarbon pipelines, marine distribution, transshipment facilities and transport services.

2. The granting of authorisations may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.

Reservation I-PT-91

Sector: Fisheries

Sub-Sector:

Fish and other fishing products
Prepared and preserved fish
Wholesale trade services of fisheries products
Services incidental to fishing

Industry Classification: CPC 04, 212, 62224, 882

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Nova Scotia

Measures:

Fisheries and Coastal Resources Act, R.S.N.S. 1996, c. 25
Fisheries Organizations Support Act, S.N.S., 1995-96, c. 6

Description:

Investment and Cross-Border Trade in Services
1. The above measures allow the Province to regulate and issue various authorisations relating to the production, processing or marketing of fish and aquaculture fish products, including the transfer, delivery or transmission of marine products by fish harvesters, aquaculturalists and subsequent purchasers.

2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.

Reservation I-PT-92

Sector: Forestry

Sub-Sector:

Products of wood, cork, straw and plaiting materials
Forestry and logging products
Pulp, paper and paper products
Manufacture of wood and of products of wood and cork, except furniture
Manufacture of articles of straw and plaiting materials on a fee or contract basis

Industry Classification: CPC 031, 31, 321, 88430

Type of Reservation:

Market access (CPC 31 only)
National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Nova Scotia

Measures:

Crown Lands Act, R.S.N.S. 1989, c. 114
Forests Act, R.S.N.S. 1989, c. 179
Primary Forests Products Marketing Act, R.S.N.S. 1989, c. 355

Description:

Investment and Cross-Border Trade in Services
1. The above measures allow the Province to regulate and issue various authorisations relating to the production, extraction and development of forestry resources and related products within the Province.

2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.

Reservation I-PT-93

Sector: Agriculture

Sub-Sector:

Products of agriculture
Forestry and fishing
Wholesale trade services of agriculture raw materials and live animals
Services incidental to agriculture, hunting and forestry
Services incidental to fishing

Industry Classification: CPC 01, 021, 029, 04, 21, 22, 6221, 881 (other than rental of agricultural equipment with operator and 8814), 882

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Nova Scotia

Measures:

Natural Products Act, R.S.N.S. 1989, c. 308
Dairy Industry Act, S.N.S. 2000, c. 24
Agriculture and Rural Credit Act, R.S.N.S. 1989, c. 7
Agriculture and Marketing Act, R.S.N.S., c. 6

Description:

Investment and Cross-Border Trade in Services
1. The above measures allow the Province to regulate and issue various authorisations relating to the production and marketing of agricultural and food products and fish products within the Province, including measures related to the supply management of dairy, eggs and poultry products.

2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.

Reservation I-PT-94

Sector: Energy

Sub-Sector:

Electricity
Services incidental to energy distribution

Industry Classification: CPC 17, 887

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Nova Scotia

Measures:

Crown Lands Act, R.S.N.S. 1989, c. 114
Electricity Act, S.N.S. 2004, c. 25
Nova Scotia Power Privatization Act, S.N.S. 1992, c. 8
Nova Scotia Power Reorganization (1998) Act, S.N.S. 1998, c. 19
Public Utilities Act, R.S.N.S. 1989, c. 380
Renewable Electricity Regulations, O.I.C. 2010-381 (October 12, 2010), N.S. Reg. 155/2010

Description:

Investment and Cross-Border Trade in Services
1. The above measures, among other things, permit the Government of Nova Scotia to:

  1. regulate and issue various authorisations relating to the production, development, operation and maintenance of generation, transmission (including system control), distribution, delivery, importation, exportation and supply of electricity, including electricity generated by renewable energy sources;
  2. provide for the granting of lands or waters within the Province for any good, source or force of energy from which it is possible to produce electricity, including the installation of wind turbines and hydroelectric developments; and
  3. Set and modify electricity rates, including feed-in tariffs.

2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.

Reservations applicable in Nunavut

Reservation I-PT-95

Sector: Tourism, agriculture

Sub-Sector:

Other – services incidental to hunting
Hunting, fishing and trapping industries
Tourist guide agencies (wilderness tourism)
Own-account hunting
Live animals
Hides, skins and furskins

Industry Classification: CPC 021, 0297, 7472, 8813, 96419

Type of Reservation:

National treatment
Performance requirements

Level of Government: Territorial - Nunavut

Measures: Wildlife Act, S. Nu. 2003, c. 26, s. 113

Description:

Investment and Cross-Border Trade in Services
In the allocation of a dealer's licence, guiding licence, fur farm licence, game farm licence, tanning licence or taxidermy licence, preference shall be given to an applicant who had made his or her principal residence in the Nunavut Settlement Area for at least 18 continuous months prior to the submission of his or her application. Preference will also be given to applications that will likely provide direct benefits to the Nunavut economy, in particular through employment of local human and economic resources.

Reservation I-PT-96

Sector: Business services

Sub-Sector: Legal services (notaries public)

Industry Classification: CPC 861

Type of Reservation:

Market access
National treatment

Level of Government: Territorial - Nunavut

Measures: Evidence Act, R.S.N.W.T. 1988, c. E-8, s. 79

Description:

Investment and Cross-Border Trade in Services
Every person who seeks appointment as a notary public must reside in Nunavut and be either a citizen of Canada or a person who has the status of a permanent resident of Canada.

Reservations applicable in Ontario

Reservation I-PT-97

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Senior management and boards of directors

Level of Government: Provincial – Ontario

Measures:

Business Corporations Act, R.S.O. 1990, c. B.16, ss. 118(3), 126(2), and 45(1)(b)
Special Acts of the Legislature incorporating specific companies

Description:

Investment
1. At least 25 per cent of directors of corporations (other than non-resident corporation) must be resident Canadians. If fewer than four directors, at least one must be a resident Canadian. Majority of directors' meetings must be held in Canada each year.

2. Constraints may be placed on the transfer and ownership of shares in corporations. Corporations may sell shareholders' shares without their consent and purchase shares to qualify for certain benefits that are based on minimum Canadian ownership requirements.

Reservation I-PT-98

Sector: Business services

Sub-Sector: Services incidental to manufacturing

Industry Classification: CPC 884, 885

Type of Reservation: National treatment

Level of Government: Provincial – Ontario

Measures:

Technical Standards and Safety Act, 2000, S.O. 2000, c. 16
Upholstered and Stuffed Articles, O. Reg. 218/01 ss. 8, and 17

Description:

Cross-Border Trade in Services
Except for a second-hand article, no person shall sell or offer for sale an upholstered or stuffed article that has not been manufactured by a manufacturer licenced in Ontario or manufactured in a designated jurisdiction.

Reservation I-PT-99

Sector: Recreational, cultural and sporting services

Sub-Sector: Gambling and betting

Industry Classification: CPC 96492

Type of Reservation:

Market access
National treatment
Performance requirements

Level of Government: Provincial - Ontario

Measures:

Gaming Control Act, 1992, S.O. 1992, c. 24
General O. Reg. 78/12
Order in Council 1413/08, ss. 3(b) and 16(i)

Description:

Investment and Cross-Border Trade in Services
Ontario regulates gaming assistants and suppliers of services and equipment relating to lottery schemes, including games of chance, betting, bingos, casinos and promotional contests, including through provincial monopolies. Proceeds must be used to provide direct benefits to Ontario residents.

Reservation I-PT-100

Sector: Business services

Sub-Sector: Collection agents

Industry Classification: CPC 87902

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Ontario

Measures:

Collection and Debt Settlement Services Act, R.S.O. 1990, c. C-14
General, R.R.O. 1990, Reg. 74, ss. 12(2)(a), and19.1

Description:

Investment and Cross-Border Trade in Services
1. Only Canadian citizens, permanent residents or persons ordinarily resident in Canada are eligible to be registered as collection agents and to engage in collection agency business in Ontario.

2. A corporation must be incorporated under Canadian legislation (federal or provincial) to carry on business of collection agencies in Ontario. Exemptions under the Act and regulation are provided for not-for-profit credit counselling services.

Reservation I-PT-101

Sector: Business services

Sub-Sector:

Real estate services on a fee or contract basis
Real estate services involving own or leased property

Industry Classification: CPC 821, 822

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Ontario

Measures:

Real Estate and Business Brokers Act, 2002, S.O. 2002, c. 30, Sched. C
General, O. Reg. 567/05 para.2 of ss. 4(1) and ss. 24(1)

Description:

Cross-Border Trade in Services
Real estate services must be supplied through a commercial presence in Ontario.

Reservation I-PT-102

Sector: Alcoholic beverages

Sub-Sector: Wine products

Industry Classification: CPC 242

Type of Reservation: Performance requirements

Level of Government: Provincial – Ontario

Measures:

Wine Content and Labelling Act, S.O 2000, c. 26, Sched. P
Content of Wine, O. Reg. 659/00

Description:

Investment
A winery in Ontario may sell wine manufactured from a blend of imported and domestic grape products with a minimum of 25 per cent Ontario grape content per bottle.

Reservation I-PT-103

Sector: Tourism

Sub-Sector: Travel agency, tour operator and tourist guide services

Industry Classification: CPC 7471

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Ontario

Measures:

Travel Industry Act, 2002, S.O. 2002, c. 30, Sched. D, s. 4(1)
General, O. Reg. 26/05, para.1 of s. 5, and ss. 10(1)

Description:

Cross-Border Trade in Services
1. An individual must be a Canadian resident to register as a travel agent and travel wholesaler in Ontario.

2. Registrants may carry on business only if their permanent place of business is in Ontario.

Reservation I-PT-104

Sector: Agriculture

Sub-Sector:

Products of agriculture
Services incidental to agriculture

Industry Classification: CPC 01, 8811 (other than rental of agricultural equipment with operator)

Type of Reservation: National treatment

Level of Government: Provincial – Ontario

Measures: Wild Rice Harvesting Act, R.S.O., 1990, c. W. 7, ss. 1 and 3(2)

Description:

Cross-Border Trade in Services
A person seeking to harvest wild rice on Crown lands must obtain a licence. Only those who have resided in Ontario for 12 consecutive months immediately preceding the application are eligible for a licence.

Reservation I-PT-105

Sector: Business services

Sub-Sector: Land surveying (cadastral surveying)

Industry Classification: CPC 86753

Type of Reservation:

National treatment
Senior management and boards of directors

Level of Government: Provincial – Ontario

Measures:

Surveyors Act, R.S.O. 1990, c. S.29, ss. 3(6), 5(1), 12(1), 14(2) and (3)
General, O. Reg. 1026, s. 23

Description:

Investment and Cross-Border Trade in Services
1. Only a resident of Canada may obtain a licence to conduct cadastral surveying. Only Canadian citizens can serve as councillors of the Association of Ontario Land Surveyors ("AOLS").

2. A corporation must primarily offer professional survey services and 50 per cent of the board of directors must be members of the AOLS in order to obtain a Certificate of Authorization to offer cadastral surveying services. If the corporation offers cadastral surveying at least one director or full time employee must be licenced by the AOLS.

Reservation I-PT-106

Sector: Business services

Sub-Sector: Services incidental to hunting

Industry Classification: CPC 8813

Type of Reservation: National treatment

Level of Government: Provincial – Ontario

Measures: Fish and Wildlife Conservation Act, S.O. 1997, c. 41, s. 1(1) Hunting, O.Reg. 665/98, s. 37

Description:

Cross-Border Trade in Services
Only a resident may be issued a licence for taking of bullfrogs for sale or barter. A resident is a permanent resident or has his or her primary residence in Ontario and has resided in Ontario for six months of the preceding 12 months.

Reservation I-PT-107

Sector: Business services

Sub-Sector: Services incidental to hunting

Industry Classification: CPC 8813

Type of Reservation: National treatment

Level of Government: Provincial – Ontario

Measures:

Fish and Wildlife Conservation Act, S.O. 1997, c. 41, s. 1(1)
Trapping, O. Reg. 667/98, s. 11(1)

Description:

Cross-Border Trade in Services
Only a Canadian citizen or an Ontario resident may be issued a licence to hunt or trap fur-bearing animals. An Ontario resident is defined as a person having his or her primary residence in Ontario and has resided in Ontario for six of the 12 months preceding application for a licence.

Reservation I-PT-108

Sector: Recreational, cultural and sporting services

Sub-Sector:

Sporting services
Services incidental to hunting

Industry Classification: CPC 9641, 8813

Type of Reservation: National treatment

Level of Government: Provincial – Ontario

Measures:

Fish and Wildlife Conservation Act, S.O. 1997, c. 41
Hunting, O. Reg. 665/98, s. 12
Ontario Hunter Education Program Standards, Wildlife Policy Section, 2014

Description:

Cross-Border Trade in Services
Only Ontario residents are eligible to be appointed to instruct hunting education courses.

Reservation I-PT-109

Sector: Business services

Sub-Sector: Services incidental to hunting

Industry Classification: CPC 8813

Type of Reservation: National treatment

Level of Government: Provincial – Ontario

Measures:

Fish and Wildlife Conservation Act, S.O. 1997, c. 41, ss. 1(1), and 32
Hunting, O. Reg. 665/98, ss. 94 and 95

Description:

Cross-Border Trade in Services
To be eligible for a licence to act as a guide for hunting in the Territorial District of Rainy River and for migratory bird hunting on Lake St. Clair, an applicant must be an Ontario or Canadian resident. A resident is a person having resided in Ontario for six consecutive months immediately preceding application for a licence.

Reservation I-PT-110

Sector: Distribution services

Sub-Sector: Wholesale trade services of fisheries products

Industry Classification: CPC 62224

Type of Reservation: Market access

Level of Government: Provincial – Ontario

Measures: Freshwater Fish Marketing Act, R.S.O. 1990, c. F.33

Description:

Investment and Cross-Border Trade in Services
No person is permitted to control the buying or selling of fish in Ontario except as authorised in the relevant Act.

Reservation I-PT-111

Sector: Forestry

Sub-Sector:

Logs of coniferous wood
Logs of non-coniferous wood
Manufacture of wood and of products of wood and cork, except furniture
Manufacture of articles of straw and plaiting materials, on a fee or contract basis

Industry Classification: CPC 0311, 0312, 8843

Type of Reservation:

Market access
Performance requirements

Level of Government: Provincial - Ontario

Measures: Crown Forest Sustainability Act, S.O. 1994, c. 25, ss. 30 and 34 General, O. Reg. 167/95

Description:

Investment
1. Forest resource licences that authorise the harvesting of Crown trees are subject to the condition that all trees harvested shall be manufactured in Canada into lumber, pulp, or other products.

2. Forest resource licences are issued in respect of specific areas of land. As such there are limits to the number of licences issued.

3. The Minister may amend a forest resource licence in accordance with Regulation 167/95, which requires the submission of a forest management plan relating to social and economic objectives. The needs and benefits of the local communities will be given priorities into the planning effort and objective setting and achievement before broader non-local communities.

Reservation I-PT-112

Sector: Business services

Sub-Sector: Veterinary services

Industry Classification: CPC 932

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Ontario

Measures:

Veterinarians Act, R.S.O. 1990, c. V. 3
General, O. Reg. 1093/90

Description:

Investment and Cross-Border Trade in Services
Only a Canadian citizen or permanent resident, or another status under the Immigration and Refugee Protection Act, S.C. 2001, c. 27, consistent with the class of licence for which the application is made, is eligible to be licenced to practice veterinary medicine in Ontario.

Reservation I-PT-113

Sector: Distribution services

Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods

Industry Classification: CPC 63211

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Ontario

Measures:

Livestock Medicines Act, R.S.O. 1990, c. L.-23
General, O. Reg. 730/90

Description:

Cross-Border Trade in Services
Only persons with an established place of business in Ontario are eligible to be licenced to sell livestock medicine in Ontario.

Licences may be issued to sellers who have established a temporary place of business at events such as races and agricultural fairs or shows.

Reservation I-PT-114

Sector: Business services

Sub-Sector: Legal services (legal documentation and certification services)

Industry Classification: CPC 86130

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Ontario

Measures: Notaries Act, R.S.O. 1990, c. N.6, s. 2(1)

Description:

Investment and Cross-Border Trade in Services
Canadian citizenship is required to be appointed a notary public in Ontario for a person who is not a barrister or solicitor.

Reservation I-PT-115

Sector: Ores and minerals, electricity, gas and water

Sub-Sector:

Natural gas
Electrical energy

Industry Classification: CPC 120, 17, 334, 713, 887

Type of Reservation:

Market access
National treatment
Performance requirements

Level of Government: Provincial – Ontario

Measures:

Ontario Energy Board Act, S.O. 1998, c. 15, Sched. B
Electricity Act, S.O. 1998, c. 15, Sched. A
Green Energy Act, S.O. 2009, c. 12, Sched. A
Green Energy and Green Economy Act, 2009, S.O. 2009, c. 12
Municipal Franchises Act, R.S.O. 1990, c. M-55

Description:

Investment and Cross-Border Trade in Services
1. The Government of Ontario and its energy authorities, entities, and agencies, including, Independent Electricity System Operator, Ontario Power Generation Inc., Hydro One Inc. and the Ontario Energy Board, and their successors or assigns, may permit one or more persons or entities to establish or expand pipelines and electricity and gas infrastructure or to produce, transmit, distribute, conserve, manage (demand and load), store, sell, retail or market energy (including electricity, natural gas or renewable energy) in any region in Ontario including on corridor lands. Further, the Government of Ontario or one of its energy authorities, the Ontario Energy Board, or its successors or assigns, may regulate the rates, storage, standards or services provided by energy producers, distributors, transmitters, sellers, retailers, marketers and storage companies in Ontario.

2. Without limiting the generality of the foregoing, measures and actions taken by Ontario and energy authorities, entities, and agencies mentioned above and their successors or assigns, may involve discretionary decisions, based on factors that may afford preferential treatment in favour of:

  1. residents of Ontario; or
  2. entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business in Ontario.

3. For greater certainty, any enterprise formed in accordance with the laws of Ontario and having a place of business in Ontario, shall be treated in the same manner as an enterprise that is a resident of Ontario.

Reservation I-PT-116

Sector: Mining

Sub-Sector:

Metal ores, other minerals
Manufacture of basic metals on a fee or contract basis

Industry Classification: CPC 14, 16, 8851

Type of Reservation: Performance requirements

Level of Government: Provincial – Ontario

Measures: Mining Act, R.S.O. 1990, c. M.14, 1990, s. 91

Description:

Investment
All ores or minerals raised or removed from lands, claims or mining rights in Ontario must be treated and refined in Canada to yield refined metal or other product suitable for direct use in the arts without further treatment, unless the Lieutenant Governor in Council exempts any lands, claims or mining rights from the operation of this requirement.

Reservation I-PT-117

Sector: Transport

Sub-Sector: Interurban transportation

Industry Classification: CPC 71213

Type of Reservation: Market access

Level of Government: Provincial – Ontario

Measures: Public Vehicles Act, R.S.O 1990, c. P-54

Description:

Investment and Cross-Border Trade in Services
The issuance of operating licences for public vehicles is subject to a necessity and convenience test administered by the Ontario Transport Highway Board.

Reservation I-PT-118

Sector: Educational services

Sub-Sector: Driver certification services

Industry Classification: CPC 9290

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Ontario

Measures:

Highway Traffic Act, R.S.O. 1990, c. H.8, s. 32 (5) Issuance of driver's licence, endorsements
Drivers' Licences, O. Reg. 340/94
Licences for Driving Instructors and Driving School, O. Reg. 473/07
Driver Certification Program Policy
Beginner Driver Education Program
School Bus Driver Improvement Course

Description:

Cross-Border Trade in Services
To be eligible for a licence to deliver driver education and training programs in Ontario, including the Driver Certification Program, the School Bus Driver Improvement Course, and the Beginner Driver Education Program, an applicant must own or lease premises in Ontario that serve as the driving school's office and classrooms.

Reservation I-PT-119

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Level of Government: Provincial – Ontario

Measures: Co-operative Corporations Act, R.S.O. 1990, c. C. 35, ss. 14(1) and 85 (3)

Description:

Investment
1. A majority of directors of every co-operative shall be resident Canadians.

2. Co-operative corporations must have a head office in Ontario

Reservation I-PT-120

Sector: Alcoholic beverages

Sub-Sector:

Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages

Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Ontario

Measures:

Liquor Control Act, R.S.O. 1990, c. L. 18
General, O. Reg. 717/90
Alcohol and Gaming Regulation and Public Protection Act, R.S.O. 1996, c. 26, Sched.
Assignment of Powers and Duties, O. Reg. 141/01
Registrar of the Alcohol and Gaming Commission of Ontario policies and practices

Description:

Investment and Cross-Border Trade in Services
1. The above measures permit Ontario to regulate and authorise the importation, purchase, production, distribution, supply, marketing and sale of alcoholic beverages in Ontario and to conduct these activities, including through provincial monopolies. Beer may only be sold in authorised government stores.

2. The Registrar of Alcohol and Gaming authorises Ontario wine, spirits and beer manufacturers to operate stores for the sale of their own wine, spirits and beer, respectively. The Alcohol and Gaming Commission of Ontario also authorises only The Beer Store for the sale of domestic and import beer.

Reservation I-PT-121

Sector: Agriculture

Sub-Sector: Agricultural land, forest and other wooded land

Industry Classification: CPC 5310

Type of Reservation: National treatment

Level of Government: Provincial – Ontario

Measures:

Municipal Act, S.O 2001, c. 25, s. 308.1
Assessment Act, R.S.O. 1990, c. A.31, s. 7
General, O. Reg. 282/98

Description:

Investment
Farm land and managed forest land owned by a Canadian citizen or a person lawfully admitted to Canada for permanent residence, or by a corporation whose voting rights are more than 50 per cent controlled by Canadian citizens or persons lawfully admitted to Canada for permanent residence, are subject to reduced property taxes.

Reservation I-PT-122

Sector: Business services

Sub-Sector: Auditing services

Industry Classification: CPC 862

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Ontario

Measures: Credit Unions and Caisses Populaires Act, S.O 1994, c. 11, s. 160

Description:

Cross-Border Trade in Services
An accountant or firm of accountants is qualified to be an auditor of a credit union if the accountant, or in the case of a firm of accountants, the member or employee of the firm, is ordinarily resident in Canada.

Reservation I-PT-123

Sector: Service of membership organizations

Sub-Sector: Legal documentation and certification

Industry Classification: CPC 8613, 95910

Type of Reservation: National treatment

Level of Government: Provincial - Ontario

Measures: The Marriage Act, R.S.O 1990, c. M.3, ss. 11 and 20

Description:

Cross-Border Trade in Services
Ontario reserves the right to restrict the category of persons eligible to issue marriage licences, including on the basis of residence, and to require that a person registered under the Act to solemnise marriage must be an Ontario resident or have a parish or pastoral charge in whole or in part in Ontario.

Reservation I-PT-124

Sector: Agriculture

Sub-Sector:

Products of agriculture
Forestry and fishing
Wholesale trade services of agriculture raw materials and live animals
Services incidental to agriculture, hunting and forestry
Services incidental to fishing

Industry Classification: CPC 01, 021, 029, 04, 21, 22, 881 (other than rental of agricultural equipment with operator and 8814), 882

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Ontario

Measures:

Farm Products Marketing Act, R.S.O., c. F-9
Milk Act, R.S.O. 1990, c. M. 12

Description:

Investment and Cross-Border Trade in Services
1. The above measures allow the Province to regulate and issue various authorisations relating to the production and marketing of agricultural and food products within the Province, including measures related to the supply management of dairy, eggs and poultry products.

2. Without limiting the generality of the foregoing, measures and actions taken by Ontario and entities, and agencies mentioned above, may involve discretionary decisions, based on factors that may afford preferential treatment in favour of:

  1. residents of Ontario; or
  2. entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business in Ontario.

Reservation I-PT-125

Sector: Trade services

Sub-Sector: Sale, maintenance and repair services of motor vehicles

Industry Classification: CPC 611, 612

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Ontario

Measures: Motor Vehicle Dealers Act, S.O. 2002, c. 30, Sched. B

Description:

Cross-Border Trade in Services
A motor vehicle dealer must be registered and operate only from a place authorised in the dealer's registration. The authorised place must be in Ontario.

Reservations applicable in Prince Edward Island

Reservation I-PT-126

Sector: Business services

Sub-Sector: Architectural services

Industry Classification: CPC 8671

Type of Reservation: National treatment

Level of Government: Provincial – Prince Edward Island

Measures:

Architects Acts, R.S.P.E.I. 1988, c. A-18.1
Architects Association of Prince Edward Island By-laws

Description:

Investment
A non-resident proprietorship, partnership or corporation applying for a certificate of practice to practice architecture in Prince Edward Island shall have at least two-thirds of the partners, principals or directors of the partnership or corporation be architects; and not less than the majority of issued shares of each class of voting shares of the corporation are beneficially owned by and registered in the name of architects.

Reservation I-PT-127

Sector: Business services

Sub-Sector: Insurance and real estate agent industries

Industry Classification: CPC 821, 822

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Prince Edward Island

Measures: Real Estate Trading Act, R.S.P.E.I. 1988, R -2

Description:

Cross-Border Trade in Services
To sell real estate, a natural person must hold a Prince Edward Island real estate licence. The Registrar shall not issue a licence to an individual unless the individual is a citizen of Canada or has the status of permanent resident of Canada.

Reservation I-PT-128

Sector: Distribution services

Sub-Sector: Retail sales of motor fuel

Industry Classification: CPC 613

Type of Reservation: Market access

Level of Government: Provincial – Prince Edward Island

Measures: Petroleum Products Act, R.S.P.E.I. 1988, P-5.1

Description:

Investment
When issuing a licence with respect to the operation of an outlet operated by a retailer, the Commission shall consider the public interest, convenience and necessity by applying such criteria as the Commission may from time to time consider advisable.

Reservation I-PT-129

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

Market access
National treatment

Level of Government: Provincial - Prince Edward Island

Measures:

Prince Edward Island Lands Protection Act, R.S.P.E.I. 1988, L-5
Fees Regulations and Lands Identification Regulations

Description:

Investment
1. Non-resident persons must make application to acquire more than five acres of land or land having a shore frontage of more than 165 feet and receive permission from the Lieutenant Governor in Council. Shore frontage includes, but is not restricted to, land adjacent to oceans, rivers, lakes, ponds, and swamps.

2. The Government of Prince Edward Island issues permits to non-resident persons under the Act and may impose more onerous conditions including, that the land be identified under the land identification program for agricultural use or non-development use.

3. Only residents of Prince Edward Island are eligible for a property tax rebate on non-commercial real property.

Reservation I-PT-130

Sector: Business services

Sub-Sector: Consumer credit reporting

Industry Classification: CPC 87901

Type of Reservation:

Market access
National treatment

Level of Government: Provincial - Prince Edward Island

Measures: Consumer Reporting Act, R.S.P.E.I. 1988, C-20

Description:

Cross-Border Trade in Services
Every consumer reporting agency registered under the Act shall operate from a fixed place of business in Prince Edward Island.

Reservation I-PT-131

Sector: Business services

Sub-Sector: Legal services

Industry Classification: CPC 861

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Prince Edward Island

Measures: Legal Profession Act, 1992 c. 39, R.S.P.E.I. 1988, L-6.1

Description:

Investment and Cross-Border Trade in Services
To be eligible for admission to the Law Society of Prince Edward Island and practice law, an individual must be a Canadian citizen or a permanent resident of Canada.

Reservation I-PT-132

Sector: Agriculture

Sub-Sector:

Products of agriculture
Live animals and animal products
Meats
Dairy products
Food products n.e.c.

Industry Classification: CPC 01, 02, 21, 22, 239, 6221, 62112

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial - Prince Edward Island

Measures:

Natural Products Marketing Act, R.S.P.E.I. 1988, N-3
Dairy Industry Act, R.S.P.E.I. 1988, D-1
Agricultural Products Standards Act, R.S.P.E.I. 1988, A-9
Dairy Producers Act, R.S.P.E.I. 1988, D-2
Agricultural Insurance Act, R.S.P.E.I. 1988, A-8.2
Animal Health and Protection Act, R.S.P.E.I., A-11.1
Grain Elevators Corporation Act, R.S.P.E.I. 1993, c. 8
Plant Health Act, R.S.P.E.I. 1990, c. 45

Description:

Investment and Cross-Border Trade in Services
1. The above measures allow Prince Edward Island to regulate and issue authorisations on a matter relating to marketing, including the buying, selling, packing, grading, storing, processing, shipping for sale or storage, promoting, researching and offering for sale, in respect of, but not limited to: poultry, eggs, dairy, hogs, cattle, potatoes and turkeys, and including the production and transport to carry out the objects of these Acts.

2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business operations within Prince Edward Island.

Reservation I-PT-133

Sector: Fisheries and aquaculture

Sub-Sector:

Wholesale trade of fishery products
Services incidental to fishing

Industry Classification: CPC 04, 62224, 882

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Prince Edward Island

Measures:

Fisheries Act, R.S.P.E.I. 1988, F-13.01
Fish Inspection Act, R.S.P.E.I. 1988, F-13
Certified Fisheries Organizations Support Act, R.S.P.E.I. 1988, C-2.1
Natural Products Marketing Act, R.S.P.E.I. 1988, N-3

Description:

Investment and Cross-Border Trade in Services
1. The above measures allow Prince Edward Island to regulate and issue authorisations on a matter relating to resources and products of the fishery, including: maintenance and development of the resources of the fishery; fish buying and processing; and any other matter or thing in order to give full effect to the objects of these Acts.

2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business operations within Prince Edward Island.

Reservation I-PT-134

Sector: Energy

Sub-Sector:

Electricity, oil and natural gas
Services incidental to energy distribution

Industry Classification: CPC 17, 120, 887

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Prince Edward Island

Measures:

Energy Corporation Act, R.S.P.E.I. 1988, E-7
Renewable Energy Act, R.S.P.E.I. 2004, C-16
Oil and Natural Gas Act, R.S.P.E.I. 1988, O-5
Electric Power Act, R.S.PE.I. 1988, E-4

Description:

Investment and Cross-Border Trade in Services
1. The above measures allow Prince Edward Island to regulate and issue authorisations on a matter relating to energy and energy systems, oil and natural gas, and renewable energy sources including: the generation, accumulation, transmission, distribution, supply, purchase, utilisation and disposal of energy; the drilling of wells and the production and conservation of oil and natural gas; and generally for carrying out any of the purposes or provisions of these Acts.

2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business operations within Prince Edward Island.

Reservation I-PT-135

Sector: Agriculture, forestry and fisheries products

Sub-Sector:

Forestry and logging products
Services incidental to forestry and logging

Industry Classification: CPC 03, 8814

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Prince Edward Island

Measures:

Forest Management Act, R.S.P.E.I. 1988, F-14
Public Forest Council Act, R.S.P.E.I. 2001, C-48

Description:

Investment and Cross-Border Trade in Services
1. The above measures allow Prince Edward Island to regulate and issue authorisations on a matter relating to forest products, including: the conservation, protection, harvesting, extraction and sale of forest products; issuing of licences, certification of forest producers; importation of plants or plant materials; fees and other charges; and generally for carrying out the provisions of the Acts.

2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business operations within Prince Edward Island.

Reservation I-PT-136

Sector: Alcoholic beverages

Sub-Sector:

Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture of alcoholic beverages.

Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Prince Edward Island

Measures: Liquor Control Act, R.S.P.E.I. 1988, L-14

Description:

Investment and Cross-Border Trade in Services
1. The Prince Edward Island Liquor Control Commission ("PEILCC") is a Government of Prince Edward Island Crown agency that is the sole importer and controls the purchase, distribution and sale of alcoholic beverages in Prince Edward Island. The PEILCC operates warehouse, office facilities, and Licensee Distribution Centre. The commission supplies and administers the operations of retail liquor stores and Licensee Distribution Centre.

2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business operations within Prince Edward Island.

Reservation I-PT-137

Sector: Recreational, cultural and sporting services

Sub-Sector: Gambling and betting

Industry Classification: CPC 96492

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Prince Edward Island

Measures: Lotteries Commission Act, R.S.P.E.I. 1988, L-17

Description:

Investment and Cross-Border Trade in Services
1. The Prince Edward Island Lotteries Commission is authorised under the Act to develop, organise, undertake, conduct and manage lottery schemes, pari-mutuel betting systems, and internet based gaming on behalf of the government of the Province or the governments of other provinces that have any agreement with this Province respecting any such lottery schemes or pari-mutuel betting systems.

2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Prince Edward Island or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business operations within Prince Edward Island.

Reservations applicable in Québec

Reservation I-PT-138

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Québec

Measures:

An Act respecting the acquisition of farm land by non-residents, C.Q.L.R., c. A-4.1
Regulation respecting the declaration of non-resident status in the application for registration of the acquisition of farm land; C.Q.L.R., c. A-4.1, r. 1
Regulation respecting an application for authorization and the information and documents required for the application, C.Q.L.R., chapter A-4.1, r. 2
Regulation respecting the tariff of duties, fees, costs made under the Act respecting the acquisition of farm land by non-residents, C.Q.L.R., c. A-4.1, r. 3
An Act respecting the preservation of agricultural land and agricultural activities, C.Q.L.R., c. P-41.1, and regulations
An Act respecting the lands in the domain of the State, C.Q.L.R., c. T-8.1
Regulation respecting the sale, lease and granting of immovable rights on lands in the domain of the State, C.Q.L.R., c. T-8.1, r. 7

Description:

Investment
1. Direct or indirect acquisition of farm land by non-residents of Québec must be authorised by the Commission de protection du territoire agricole du Québec. When it receives an application for authorisation by non-residents of Québec, the Commission takes into consideration the possible uses of the land for agricultural purposes and the economic consequences thereof.

2. No person may, in a designated agricultural region, use a lot for any purpose other than agriculture without the authorisation of the Commission, which takes into consideration specific socio-economics factors when rendering a decision.

3. Québec residents are given priority in the purchase or lease of land in the domain of the State.

Reservation I-PT-139

Sector: Agriculture, forestry and fisheries

Sub-Sector:

Products of agriculture
Horticulture and market gardening
Live animals and animal products
Wood in the rough
Fish and other fishing products
Meat, fish, fruits, vegetables, oils and fats
Dairy products
Grain mill products
Starches and starch products
Other food products
Services incidental to agriculture
Services incidental to animal husbandry
Services incidental to fishing

Industry Classification: CPC 01, 02, 031, 04, 21, 22, 23, 8811 (other than rental of agricultural equipment with operator), 8812, 882

Type of Reservation:

National treatment
Senior management and boards of directors

Level of Government: Provincial – Québec

Measures:

Professional Syndicates Act, C.Q.L.R., c. S-40
An Act respecting the marketing of agricultural, food and fish products, C.Q.L.R., c. M-35.1
Règlement des producteurs d'œufs d'incubation sur le contingentement, C.Q.L.R., c. M-35.1, r. 223
Règlement sur les quotas des producteurs d'œufs de consommation du Québec, C.Q.L.R., c. M-35.1, r. 239

Description:

Investment and Cross-Border Trade in Services
1. Joint plans for the production and marketing of agricultural products and producers marketing boards may be administered by professional syndicates. Only Canadian citizens may ask to form a professional syndicate and be members of its administrative council.

2. Only Canadian citizens may have access to the reserve for new hatching egg producers, are eligible to certain programs and can benefit from eggs quotas transfers outside of the centralised system.

Reservation I-PT-140

Sector: Agriculture, forestry and fisheries

Sub-Sector:

Fish products
Services incidental to fishing

Industry Classification: CPC 04, 882

Type of Reservation: Performance requirements

Level of Government: Provincial - Québec

Measures: Marine Products Processing Act, C.Q.L.R., c. T-11.01

Description:

Investment
The Minister may, by regulation, prescribe the minimum processing standards with which an operator must comply for the preparation or canning of a marine product. The standards may vary according to the marine product.

Reservation I-PT-141

Sector: Recreational, cultural and sporting services

Sub-Sector: Cultural goods and property

Industry Classification: CPC 963

Type of Reservation:

National treatment
Market access

Level of Government: Provincial – Québec

Measures: Cultural Heritage Act, C.Q.L.R., c. P-9.002

Description:

Investment
1. A heritage cultural property may include a heritage document, immovable, object or site. After obtaining the opinion of the Conseil du patrimoine culturel, the Minister of Culture and Communications may classify all or part of any heritage property the knowledge, protection, enhancement or transmission of which is in the public interest.

2. Authorisation from the Minister is required when a person, natural or legal, wishes to sell or give away a classified heritage document or object to a government or department or agency of a government, other than the Gouvernement du Québec, a natural person who is not a Canadian citizen or permanent resident or to a legal person that does not have a principal place of business in Québec. Classified heritage property in the domain of the State may not be sold, conveyed by emphyteusis or given away without the Minister's authorisation. In other cases of alienation, prior written notice is required.

Reservation I-PT-142

Sector: Community, social and personal services

Sub-Sector: Funeral, cremation and undertaking services

Industry Classification: CPC 9703

Type of Reservation: National treatment

Level of Government: Provincial – Québec

Measures:

An Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies, C.Q.L.R., c. L-0.2
Regulation respecting the application of the Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies, C.Q.L.R., c. L-0.2, r. 1
An Act respecting prearranged funeral services and sepultures, C.Q.L.R., c. A-23.001

Description:

Investment and Cross-Border Trade in Services
1. A natural person seeking a permit to act as a funeral director, on his or her behalf or for a legal person, partnership or an association having its head office in Québec, must have resided in Québec for at least 12 months preceding the request.

2. A person seeking a permit to practise embalming, cremation or thanatopraxy is not subject to the requirement to reside in Québec provided that he or she resides in Canada.

Reservation I-PT-143

Sector: Transport

Sub-Sector: Taxi services

Industry Classification: CPC 71221

Type of Reservation:

National treatment
Market access

Level of Government: Provincial - Québec

Measures:

An Act respecting transportation services by taxi, C.Q.L.R., c. S-6.01
Taxi Transportation Regulation, C.Q.L.R., c. S-6.01, r. 3, Highway Safety Code, C.Q.L.R., c. C-24.2
Regulation respecting road vehicle registration, C.Q.L.R., c. C-24.2, r. 29

Description:

Investment and Cross-Border Trade in Services
1. For a taxi owner's permit to be issued, assigned or transferred from the Commission des transports du Québec, a natural person must be a Canadian citizen or permanent resident. To be issued a taxi driver's permit by the Société de l'assurance automobile du Québec, a natural person must be a Canadian citizen or permanent resident.

2. There is a limit of 20 taxi owner's permits per person.

Reservation I-PT-144

Sector: Transport

Sub-Sector:

Interurban special transportation
Transportation of other freight

Industry Classification: CPC 71214, 71239

Type of Reservation: National treatment

Level of Government: Provincial – Québec

Measures:

Highway Safety Code, C.Q.L.R., c. C-24.2
Regulation respecting road vehicle registration, C.Q.L.R., c. C-24.2, r. 29

Description:

Cross-Border Trade in Services
Under the International Registration Plan ("IRP"), carriers only pay registration fees once, to the base jurisdiction, which in turn ensures travel for duly licenced vehicles in other jurisdictions. This system of apportionable fees works on the basis of the distance travelled in each jurisdiction. An IRP registration certificate is recognised by Canadian provinces and United States of America's states. An apportioned registration will only be granted to a person having a place of business in Québec and where at least one of its vehicles accrues kilometres.

Reservation I-PT-145

Sector: Transport

Sub-Sector: Bus transport

Industry Classification: CPC 71211, 71212, 71213, 71214, 71222

Type of Reservation: Market access

Level of Government: Provincial – Québec

Measures:

Transport Act, C.Q.L.R., c. T-12
Bus Transportation Regulation, C.Q.L.R., c. T-12, r. 16

Description:

Investment and Cross-Border Trade in Services
In issuing bus transportation permits, the Commission des Transports du Québec may apply criteria of public need in the territory to be served. It may also consider if the issuance of the permit requested by the applicant is not likely to entail the disappearance of any other bus transport service or appreciably affect the quality thereof.

Reservation I-PT-146

Sector: Transport

Sub-Sector: Road transportation

Industry Classification: CPC 71231, 71232, 71233, 71234

Type of Reservation:

National treatment
Market access
Performance requirements

Level of Government: Provincial – Québec

Measures:

An Act respecting the Ministère des Transports, C.Q.L.R., c. M-28
Transport Act, C.Q.L.R., c. T-12
Regulation respecting the brokerage of bulk trucking services, C.Q.L.R., c. T-12, r. 4
An Act respecting owners, operators and drivers of heavy vehicles, C.Q.L.R., c. P-30.3

Description:

Investment and Cross-Border Trade in Services
1. The Minister of Transport determines the conditions that a heavy-vehicle operator located outside of Québec but in the territory of a party to the Agreement on Internal Trade must meet to register in the bulk trucking register. The total number of registration allowed is limited. A heavy-vehicle operator located outside of Québec has to maintain its principal establishment outside of Québec and its registration cannot be transferred.

2. Participation in the performance of a road construction, repair or maintenance work contract awarded by the Minister of Transport, is limited to small bulk trucking enterprises that subscribe to the brokerage service of an association holding a brokerage permit, for a minimum of 50 per cent of the transportation required that has to be offered to the brokerage permit holder. Bulk trucking enterprises that are not registered into the register will only have access to the remaining 50 per cent of the transportation needed if the brokerage permit holder accepts the offer to transport 50 per cent of the transportation required.

3. To obtain a brokerage permit, a non-profit legal person or a cooperative shall demonstrate that it represents at least 35 per cent of the operators of heavy-vehicles that are registered in the bulk trucking register and that have its principal establishment in the zone for which the permit is applied for. An operator shall subscribe for brokerage services in the brokerage zone where he or she has his or her principal establishment or in the zone determined by regulation.

Reservation I-PT-147

Sector: Transport

Sub-Sector: Maritime transport

Industry Classification: CPC 72211

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Québec

Measures:

An Act respecting the Société des Traversiers du Québec, C.Q.L.R., c. S-14
Transport Act, C.Q.L.R., c. T-12

Description:

Investment and Cross-Border Trade in Services
1. The Commission des Transports du Québec shall issue or transfer a permit for the transport of passengers by water to a person who applies therefor on the form used by the Commission, if it considers that the person establishes the real and urgent necessity for an additional service for each of the ships to be used, if applicable, where he or she offers passengers a ferry service competing with another ferry service.

2. No person may be a member of the board of directors unless he is domiciled in Québec.

Reservation I-PT-148

Sector: Recreational, cultural and sporting services

Sub-Sector: Sporting and other recreational services

Industry Classification: CPC 964

Type of Reservation: National treatment

Level of Government: Provincial – Québec

Measures:

An Act respecting safety in sports, C.Q.L.R., c. S-3.1
Regulation respecting combat sports, C.Q.L.R., c. S-3.1, r. 11
Regulation respecting combat sports licensing, C.Q.L.R., c. S-3.1, r. 7

Description:

Cross-Border Trade in Services
With respect to professional combat sport, a person who is not domiciled in Canada cannot obtain a yearly referee's or judge's permit but may obtain a permit valid for a specific sports event.

Reservation I-PT-149

Sector: Travel agency, tour operator and tourist guide services

Sub-Sector:

Travel agencies
Tour operation services

Industry Classification: CPC 7471

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Québec

Measures:

Travel Agents Act, C.Q.L.R., c. A-10
Regulation respecting travel agents, C.Q.L.R., c. A-10, r. 1

Description:

Cross-Border Trade in Services
A natural person applying for a travel agent licence on his or her own account must establish and maintain a principal establishment in Québec. The association, partnership or person on whose behalf the licence is applied for must establish and maintain a principal establishment in Québec. A principal establishment is an establishment in which the operations of the licencee are principally performed.

Reservation I-PT-150

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Market access
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Québec

Measures:

Cooperatives Act, C.Q.L.R., c. C-67.2
Regulation under the Cooperatives Act, C.Q.L.R., c. C-67.2, r. 1

Description:

Investment
1. The Cooperatives Act places constraints on the issue, transfer and ownership of shares. Membership of the cooperative is subject to the member actually using the services offered by the cooperative and to the cooperative's ability to provide him with them. The Cooperatives Act also stipulates that every member of the cooperative or representative of a legal person or partnership that is a member may be a director. The head office of a cooperative, a federation or a confederation must at all times be located in Québec.

2. A cooperative, a federation or a confederation must carry on with its members a proportion of its total business according to a percentage determined by government regulation. In the case of a solidarity cooperative, this proportion is calculated separately for the members who are users of the cooperative and for those who are workers of the cooperative.

Reservation I-PT-151

Sector: Agriculture, forestry and fisheries

Sub-Sector:

Forestry and logging products
Products of wood, cork, straw and plaiting materials
Pulp, paper and paper products

Industry Classification: CPC 031, 31, 32

Type of Reservation:

National treatment
Performance requirements

Level of Government: Provincial – Québec

Measures:

An Act respecting the Ministère des Ressources Naturelles et de la Faune, C.Q.L.R., c. M-25.2
Sustainable Forest Development Act, C.Q.L.R., c. A-18.1

Description:

Investment
1. All timber harvested in the domain of the State, including biomass volumes, must be completely processed in Québec. However, the Government may, on the conditions it determines, authorise the shipment outside Québec of incompletely processed timber from the domain of the State if it appears to be contrary to the public interest to do otherwise.

2. The Minister may take measures for the development of lands or forest resources in the domain of the State that are under his or her authority in order to encourage regional development or implement any other related policy.

Reservation I-PT-152

Sector: Recreational, cultural and sporting services

Sub-Sector: Horse racing

Industry Classification: CPC 02113, 96492

Type of Reservation:

National treatment
Market access

Level of Government: Provincial – Québec

Measures:

An Act respecting racing, C.Q.L.R., c. C-72.1
Rules respecting the breeding of Québec Standardbred race horses, C.Q.L.R., c. C-72.1, r. 6
Rules respecting Certification, C.Q.L.R., c. C-72.1, r. 1
Rules respecting betting houses, CQLR, c. C-72.1, r. 8
Rules respecting Standardbred horse racing, C.Q.L.R., c. C-72.1, r. 3
Regulation respecting betting horses, C.Q.L.R., c. C-72.1, r.7

Description:

Investment and Cross-Border Trade in Services
1. Only a Canadian citizen may apply for a licence to operate a race track, a licence to hold races or a licence to operate a betting house.

2. A person who applies for registration of a Standardbred stallion with the Régie des alcools, des courses et des jeux ("RACJ") must be a resident of Québec for at least 183 days.

3. Only a Québec race horse, as defined in the Rules respecting the breeding of Québec Standardbred race horses, can be entitled to a privilege or advantage.

Reservation I-PT-153

Sector: Recreational, cultural and sporting services

Sub-Sector: Gambling and betting

Industry Classification: CPC 96492

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Provincial – Québec

Measures:

An Act respecting the Société des loteries du Québec, C.Q.L.R., c. S-13.1
An Act respecting the Régie des alcools des courses et des jeux, C.Q.L.R. chapter R-6.1
An Act respecting lotteries, publicity contests and amusement machines, C.Q.L.R., c. L-6
Lottery Scheme Rules, C.Q.L.R., c. L-6, r. 12
Rules respecting amusement machines, C.Q.L.R., c. L-6, r. 2
Rules respecting publicity contests, C.Q.L.R., c. L-6, r. 6
Rules respecting video lottery machines, C.Q.L.R., c. L-6, r. 3
Bingo Rules, C.Q.L.R., c. L-6, r. 5

Description:

Investment and Cross-Border Trade in Services
1. A person who applies for a licence to operate a lottery scheme must be a Canadian citizen or, in the case of a company or corporation, have an office in Québec.

2. A person who wishes to obtain an amusement machine operator's licence or merchant licence must be a Canadian citizen and in the case of a corporation, must be headquartered or have its principal establishment in Canada and have an office in Québec.

3. With regard to video lottery machines operated somewhere other than in a government casino, Régie des alcools, des courses et des jeux ("RACJ") may take Canadian citizenship or residence into account when making rules to determine the conditions for obtaining prescribed licences as well as operating standards, restrictions, or prohibitions. The RACJ may determine the conditions of player participation, or standards, restrictions, or prohibitions related to promotion, advertising, or educational programs pertaining to video lottery machines, which may only apply, in full or in part, to certain categories of individuals.

4. With respect to bingo, projects for which a charitable or religious organization applies for an in-hall, media, or recreational bingo licence must be carried out entirely in Québec. Individuals or companies that apply for a bingo supplier's licence must have an establishment in Québec.

5. No person may be a member of the board of directors unless he is domiciled in Québec.

Reservation I-PT-154

Sector: Alcoholic beverages

Sub-Sector:

Commission agents' services
Wholesale trade services
Retailing services
Beverages

Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Québec

Measures:

An Act respecting the Société des alcools du Québec, C.Q.L.R., c. S-13
Regulation respecting cider and other apple-based alcoholic beverages, C.Q.L.R., c. S-13, r. 4
Regulation respecting wine and other alcoholic beverages made or bottled by holders of a wine maker's permit, C.Q.L.R., c. S-13, r. 7
Regulation respecting alcoholic beverages made and bottled by holders of a distiller's permit, C.Q.L.R., c. S-13, r. 3
Regulation respecting the terms of sale of alcoholic beverages by holders of a grocery permit, C.Q.L.R., c. S-13, r. 6
An Act respecting offences relating to alcoholic beverages, C.Q.L.R., c. I-8.1
An Act respecting liquor permits, C.Q.L.R., c. P-9.1
Regulation respecting liquor permits, C.Q.L.R., c. P-9.1, r. 5

Description:

Investment and Cross-Border Trade in Services
1. The Société des alcools du Québec operates as a monopoly responsible for the importation, distribution, supply, transport, sale, trade and marketing of alcoholic beverages.

2. No person may be a member of the board of directors unless he or she is domiciled in Québec.

Reservation I-PT-155

Sector: Alcoholic beverages

Sub-Sector:

Commission agents' services
Wholesale trade services
Retailing services
Beverages

Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107

Type of Reservation:

Market access
National treatment
Performance requirements

Level of Government: Provincial – Québec

Measures:

An Act respecting the Société des alcools du Québec, C.Q.L.R., c. S-13
Regulation respecting the terms of sale of alcoholic beverages by holders of a grocery permit, C.Q.L.R., c. S-13, r. 6
An Act respecting offences relating to alcoholic beverages, C.Q.L.R., c. I-8.1

Description:

Investment and Cross-Border Trade in Services
1. Only those who own an establishment in Québec may obtain a beer distributor's, brewer's, distiller's, wine maker's, cider maker's, warehouse, small-scale production or small-scale beer producer's permit.

2. Holders of a distiller's permit may only sell the products they produce or bottle to Société des alcools du Québec ("SAQ"), unless they ship such products outside Québec.

3. Holders of a small-scale production permit may sell the alcoholic beverages they produce on their production premises.

Reservation I-PT-156

Sector: Alcoholic beverages

Sub-Sector:

Commission agents' services
Wholesale trade services
Retailing services
Beverages
Hotel and restaurant services

Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107, 641, 642, 643

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Level of Government: Provincial – Québec

Measures:

An Act respecting liquor permits, C.Q.L.R., c. P-9.1
Regulation respecting liquor permits, C.Q.L.R., c. P-9.1, r. 5
Regulation respecting the terms of sale of alcoholic beverages by holders of a grocery permit, C.Q.L.R., c. S-13, r. 6

Description:

Investment and Cross-Border Trade in Services
1. To obtain a liquor permit under the Act respecting liquor permits, persons who are not Canadian citizens must have been residing in Québec as a permanent resident of Canada, unless they apply for a reunion permit or "Man and His World" permit as authorised representatives of a government, country, Province, or State.

2. Companies or corporations not listed on a Canadian stock exchange may obtain a permit to sell alcohol only if all their partners or directors and shareholders who hold ten per cent or more of shares with full voting rights are Canadian citizens or have been residing in Québec as a permanent resident of Canada.

3. For certain product categories, marketing is carried out by holders of a grocery licence issued by the Régie des alcools, des courses et des jeux ("RACJ"). Grocers must buy authorised alcoholic beverages from an authorised distributor.

4. Liquor permit applicants who are not Canadian citizens must prove that they have lived in Québec for at least one year. If an applicant is a company or corporation not listed on a Canadian stock exchange, it must prove, for each of its partners or directors and shareholders who own 10 per cent or more of shares with full voting rights and are not Canadian citizens that they have lived in Québec for at least one year.

5. The person entrusted to manage the establishment for a holder of a permit authorising the sale or service of alcoholic beverages for consumption on a premise must have a Canadian social insurance number.

6. With regard to reunion permits to sell alcohol, when the proceeds of an event are to be used for the purposes of a non-profit corporation other than the permit applicant, the non-profit corporation must have an establishment in Québec.

Reservation I-PT-157

Sector: Energy

Sub-Sector:

Electricity
Services incidental to energy distribution

Industry Classification: CPC 171, 887

Type of Reservation:

National treatment
Performance requirements

Level of Government: Provincial – Québec

Measures:

An Act Respecting the Régie de l'énergie, C.Q.L.R., c. R-6.01
Hydro-Québec Act, C.Q.L.R., c. H-5

Description:

Investment and Cross-Border Trade in Services
1. Québec (including through the Régie de l'énergie and Hydro-Québec) may fix, determine and modify rates, tariffs, prices and other conditions relating to the production, purchase, transportation, transmission, supply, distribution, and sale of electric power.

2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, the imposition of performance requirements or discrimination in favour of residents of Québec or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business or substantive business operations within Québec.

Reservation I-PT-158

Sector: Energy

Sub-Sector:

Electricity
Services incidental to energy distribution

Industry Classification: CPC 171, 887

Type of Reservation:

National treatment
Performance requirements

Level of Government: Provincial – Québec

Measures:

An Act respecting the exportation of electric power, C.Q.L.R., c. E-23
An Act Respecting the Régie de l'énergie, C.Q.L.R, c. R-6.01

Description:

Investment and Cross-Border Trade in Services
1. Hydro-Québec, municipal electric power systems, and private electric power systems are holders of exclusive electric power distribution rights.

2. The exportation of electric power from Québec is prohibited. The Gouvernement du Québec may nevertheless authorise, by order, on the conditions and in the cases it determines, a contract for the exportation of electric power from Québec.

3. Contracts relating to the exportation of electric power by Hydro-Québec, including wheeling under a transportation service agreement, must be submitted to the Government for authorisation in the cases determined by the Government and are subject to such conditions as the Government may then determine.

Reservation I-PT-159

Sector: Business services

Sub-Sector:

Real estate services involving own or leased property
Real estate services on a fee or contract basis

Industry Classification: CPC 821, 822

Type of Reservation: National treatment

Level of Government: Provincial – Québec

Measures: Real Estate Brokerage Act, C.Q.L.R., c. C-73.2

Description:

Cross-Border Trade in Services
The Real Estate Brokerage Act imposes residency requirements to brokers and agencies. Therefore, a broker must have an establishment in Québec. In the case of a broker who acts on behalf of an agency, the broker's establishment is the agency's establishment. An agency must have an establishment in Québec.

Reservations applicable in Saskatchewan

Reservation I-PT-160

Sector: Sale, maintenance and repair of motor vehicles and motorcycles

Sub-Sector:

Wholesale trade services
Retail sales of motor vehicles including automobiles and other road vehicles

Industry Classification: CPC 61111, 61112

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Saskatchewan

Measures:

The Motor Dealers Act, R.S.S. 1978, c. M-22
The Motor Dealers Regulations, R.R.S. c. M-22 Reg. 1

Description:

Cross-Border Trade in Services
No licence as a motor vehicle dealer shall be granted unless the applicant for the licence maintains in the Province a place of business satisfactory to the registrar and from which he or she conducts his or her business, or a portion of his or her business, as a dealer.

Reservation I-PT-161

Sector: Business services

Sub-Sector: Services incidental to fishing

Industry Classification: CPC 882

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Saskatchewan

Measures:

The Fisheries Act (Saskatchewan), 1994, c. F-16.1
The Fisheries Regulations, c. F-16.1 Reg. 1
Commercial Fishing Licensee Eligibility Requirements, Policy Number 3420.02
Commercial Fishing Co-operatives, Policy Number F & W 2003.2
Commercial Net Fishing Licence Eligibility Requirements Guidelines

Description:

Investment and Cross-Border Trade in Services
Only a Saskatchewan resident is eligible to obtain a commercial fishing licence. Licences may be restricted to residents of the region of a local fishery.

Reservation I-PT-162

Sector: Business services

Sub-Sector: Legal services

Industry Classification: CPC 861

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Saskatchewan

Measures:

The Legal Profession Act, 1990, S.S. 1990-91, c. L-10.1
Rules of the Law Society of Saskatchewan

Description:

Investment and Cross-Border Trade in Services
1. Only Canadian citizens or permanent residents of Canada are eligible for membership in the Law Society of Saskatchewan as a student of law or lawyer. Only members of the Law Society of Saskatchewan holding a subsisting certificate of practice can practice law in Saskatchewan.

2. A person who has engaged in the active practice of law in another jurisdiction of Canada may, upon meeting certain conditions, be admitted as a member without having met the normal requirements. Occasional appearance memberships are available only to persons who are Canadian citizens or permanent residents of Canada and who are qualified to practice law in another jurisdiction of Canada.

Reservation I-PT-163

Sector: Business services

Sub-Sector: Legal services

Industry Classification: CPC 861

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Saskatchewan

Measures:

The Notaries Public Act, R.S.S. 1978, c. N-8
The Commissioners for Oaths Act, R.S.S. 1978, c. C-16

Description:

Investment and Cross-Border Trade in Services
1. Only Canadian citizens residing within Saskatchewan can be appointed a notary public for Saskatchewan.

2. Only Canadian citizens can be appointed as a commissioner for oaths in and for Saskatchewan.

Reservation I-PT-164

Sector: Tourism

Sub-Sector:

Other – services incidental to hunting
Services incidental to fishing
Tourist guide agencies
Own-account hunting

Industry Classification: CPC 7472, 8813, 8820, 96419

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Saskatchewan

Measures:

The Wildlife Act, 1998, S.S. c. W-13.12
The Wildlife Regulations, c. W13.1 Reg. 1
The Outfitter and Guide Regulations, 2004, c. N-3.1 Reg. 3

Description:

Investment and Cross-Border Trade in Services
A person who wishes to hold an outfitter's licence must be a Saskatchewan resident and have a head office in Saskatchewan.

Reservation I-PT-165

Sector: Business services

Sub-Sector:

Real estate services involving own or leased property
Real estate services on a fee or contract basis

Industry Classification: CPC 8210, 822

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Saskatchewan

Measures:

The Real Estate Act, S.S. 1995, c. R-1.3
The Real Estate Commission policies and bylaws

Description:

Cross-Border Trade in Services
A brokerage and person named in a certificate of registration as a brokerage must have an office in Saskatchewan and is required to maintain trust accounts in a financial institution in Saskatchewan for the deposit of all money received in connection with trades in real estate.

Reservation I-PT-166

Sector: Business services

Sub-Sector:

Services incidental to hunting
Tourist guide agencies
Own-account hunting

Industry Classification: CPC 7472, 8813, 96419

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Saskatchewan

Measures:

The Wildlife Act, 1998, S.S. c. W-13.12
The Wildlife Regulations, c. W13.1 Reg. 1

Description:

Investment and Cross-Border Trade in Services
1. A fur licence holder must be a Saskatchewan resident.

2. A Saskatchewan resident is a Canadian resident who has a principal residence in Saskatchewan and has resided in the Province for the three months preceding the date of the application for a licence.

Reservation I-PT-167

Sector: Recreational, cultural and sporting services

Sub-Sector: Gambling and betting

Industry Classification: CPC 96492

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Saskatchewan

Measures:

The Alcohol and Gaming Regulation Act, S.S. 1997, c. A-18.011
Saskatchewan Liquor and Gaming Authority Policy
The Slot Machine Act, R.S.S. 1978, c. S-50
The Saskatchewan Gaming Corporation Act, S.S. 1994, c. S-18.2
The Interprovincial Lotteries Act, 1984, S.S. 1983-84, c. I-12.01

Description:

Investment
Only gaming equipment, including video lottery terminals and slot machines, owned or leased by the Government of Saskatchewan may be operated in Saskatchewan.

Reservation I-PT-168

Sector: Transport

Sub-Sector:

Passenger Transportation
Interurban scheduled bus passenger transportation
Non-scheduled motor buses, chartered buses and tour and sightseeing buses

Industry Classification: CPC 71213, 71222, 71223

Type of Reservation: Market access

Level of Government: Provincial – Saskatchewan

Measures:

The Traffic Safety Act, S.S. 2004, c. T-18.1
The Operating Authority Regulations, 1990, c. M-21.2 Reg. 1
Policies of the Highway Safety Board

Description:

Investment and Cross-Border Trade in Services
1. An Operating Authority Certificate is required by persons operating commercial or business use vehicles for the purpose of transporting passengers for hire within or outside of the Province.

2. When considering an application for an operating authority certificate or an amendment to an Operating Authority Certificate, the Highway Safety Board may consider if public business will be promoted by the proposed undertaking.

3. Public business may be measured through a public convenience and needs test which includes:

  1. examination of the adequacy of current levels of service;
  2. market conditions establishing the requirement for expanded service;
  3. the effect of new entrants on public convenience, including the continuity and quality of service; and
  4. fitness, willingness and ability of the applicant to provide proper service.

Reservation I-PT-169

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Senior management and boards of directors

Level of Government: Provincial – Saskatchewan

Measures:

The Business Corporations Act, R.S.S. 1978, c. B-10
Private Acts of the Legislature of Saskatchewan establishing corporate bodies

Description:

Investment
1. At least 25 per cent of the directors of a corporation must be resident Canadians (such as a Canadian citizen or permanent resident), but if a corporation has fewer than four directors, at least one director must be a resident Canadian.

2. If none of the directors of a corporation resides in Saskatchewan, the corporation shall appoint an attorney pursuant to comply with the Act as if the corporation were an extra-provincial corporation.

3. Directors of a corporation may appoint from their number a managing director who is a resident Canadian or a committee of directors and delegate to such managing director or committee any of the powers of the directors.

4. If the directors of a corporation appoint a committee of directors, at least 25 per cent of the members of the committee must be resident Canadians.

5. Constraints may be placed on the transfer and ownership of shares in corporations. The object is to permit corporations to meet Canadian ownership requirements, under certain federal and provincial laws, in sectors where ownership is required as a condition to operate or to receive licences, permits, grants, payments, or other benefits. In order to maintain certain Canadian ownership levels, a corporation is permitted to sell shareholders' shares without the consent of those shareholders, and to purchase its own shares on the open market.

Reservation I-PT-170

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Senior management and boards of directors

Level of Government: Provincial – Saskatchewan

Measures:

The Co-operatives Act, 1996, S.S. 1998, c. C-37.3
Private Acts of the Legislature of Saskatchewan establishing corporate bodies
Practice and Policy of the Registrar of Co-operatives

Description:

Investment
1. A co-operative must have a registered office in Saskatchewan.

2. Membership may be limited to Canadians resident in Saskatchewan.

3. There must be at least five Directors and the majority of Directors must be Canadian residents. Directors are appointed from amongst the membership of the co-operative.

4. The registrar may restrict the businesses in which a co-operative may engage in the Province.

Reservation I-PT-171

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Senior management and boards of directors

Level of Government: Provincial – Saskatchewan

Measures:

The Non-profit Corporations Act, S.S. 1995, c. N-4.2
Private Acts of the Legislature of Saskatchewan establishing corporate bodies

Description:

Investment
1. At least one director of a corporation must reside in Saskatchewan.

2. At least 25 per cent of the directors of a corporation must be resident Canadians (such as a Canadian citizen), but if a corporation has fewer than four directors, at least one director must be a resident Canadian.

3. Directors of a charitable corporation shall not transact business at a meeting of directors unless a majority of directors present are resident Canadians.

4. Directors of a corporation may appoint from their number a managing director who is a resident Canadian or a committee of directors and delegate to the managing director or committee any of the powers of the directors. If the directors of a corporation appoint a committee of directors, a majority of the members of the committee must be resident Canadians.

Reservation I-PT-172

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Performance requirements

Level of Government: Provincial – Saskatchewan

Measures:

The Labour-sponsored Venture Capital Corporations Act, S.S. 1986, c. L-0.2
The Labour-sponsored Venture Capital Corporations Regulations, R.R.S. c. L-0.2 Reg 1

Description:

Investment
1. A labour-sponsored venture capital corporation is required to invest the proceeds from the issuance of shares primarily in the equity shares of eligible businesses. To be eligible, a business must employ no more than 500 employees in Saskatchewan and pay at least 25 per cent of its salaries and wages to Saskatchewan residents.

2. Tax credits are limited to persons liable to pay Saskatchewan provincial and federal income tax.

Reservation I-PT-173

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Senior management and boards of directors

Level of Government: Provincial – Saskatchewan

Measures: The Community Bonds Act, S.S. 1990-91, c. C-16.1

Description:

Investment
All directors of the proposed community bond corporation are to be residents of Saskatchewan.

Reservation I-PT-174

Sector: Agriculture

Sub-Sector:

Agricultural land
Products of agriculture
Live animals and animal products

Industry Classification: CPC 01, 02, 531

Type of Reservation:

Market access
National treatment

Level of Government: Provincial – Saskatchewan

Measures:

The Saskatchewan Farm Security Act, S.S. 1988-89, c. S-17.1
Crown Land Lease Policy (93-10-01)
Community Pasture Policy (93-12-01)

Description:

Investment
1. Only Canadian residents and incorporated agricultural corporations are unlimited in the farmland holdings that they can own, control directly or indirectly or otherwise deal with.

2. A "resident person" means an individual who:

  1. resides in Canada for at least 183 days in any year; or
  2. is a Canadian citizen.

3. Non-Canadian residents and non-agricultural corporations may not have or acquire an aggregate land holding exceeding ten acres and are restricted in the conditions under which they may own, control directly or indirectly or otherwise deal with farmland holdings in Saskatchewan.

4. Non-residents may not acquire an interest in land by participating in limited partnerships.

5. Livestock producers must be Canadian citizens or landed immigrants and actively operate or manage a farm and control a land base in Saskatchewan in order to lease pasture land.

Reservation I-PT-175

Sector: Agriculture

Sub-Sector:

Agriculture, mining and manufacturing
Services incidental to agriculture
Production and distribution services

Industry Classification: CPC 0291, 0292, 02122, 22, 8811 (other than rental of agricultural equipment with operator)

Type of Reservation: Market access

Level of Government: Provincial – Saskatchewan

Measures:

The Agri-Food Act, S.S. 2004, c. A-15.21
The Broiler Hatching Egg Marketing Plan Regulations, 1985, c. N-3, Reg. 1
The Commercial Egg Marketing Plan Regulations, 2006, c. A-15.21, Reg. 2
The Milk Marketing Plan Regulations, 2010, c. A-15.21, Reg. 12
The Saskatchewan Chicken Marketing Plan, 1978, S.R. 387/78
The Saskatchewan Turkey Producers' Marketing Plan, 1975, S.R. 275/75

Description:

Investment and Cross-Border Trade in Services
Producers are required to hold a licence in order to produce or market: broiler hatching eggs; chickens, commercial eggs, milk; and turkeys. Only licenced producers can own and produce the commodities associated with each type of quota. Products produced under that quota must be produced in Saskatchewan.

Reservations applicable in Yukon

Reservation I-PT-176

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Performance requirements

Level of Government: Territorial – Yukon

Measures: Income Tax Act, R.S.Y. 2002, c. 118

Description:

Investment
1. Under the Yukon Income Tax Act, a Yukon Small Business Investment Tax Credit of 25 per cent of the purchased share amount is offered to Yukon residents who invest in eligible business corporations. Yukon allocates CAD $1 million annually, to distribute on a first come, first served basis.

2. Eligible small business corporations must meet certain criteria including maintaining a permanent establishment in Yukon, having at least 50 per cent of assets in Yukon, and paying at least 50 per cent of salaries in Yukon.

Reservation I-PT-177

Sector: Business services

Sub-Sector: Legal services

Industry Classification: CPC 861

Type of Reservation:

Market access
National treatment

Level of Government: Territorial – Yukon

Measures: Legal Profession Act, R.S.Y. 2002, c. 134

Description:

Investment and Cross-Border Trade in Services
The following persons are qualified to apply for admission to the Law Society of Yukon and enrolment as members for the provision of domestic law:

  1. a person who has been duly called to the bar of a province or has been admitted to practice as an attorney, advocate, barrister or solicitor in a province; or
  2. a person who has completed 12 months of service in Yukon under articles as a student-at-law approved by the executive.

Reservation I-PT-178

Sector: Business services

Sub-Sector: Notary public

Industry Classification: CPC 861

Type of Reservation:

Market access
National treatment

Level of Government: Territorial – Yukon

Measures: Notaries Act, R.S.Y. 2002, c. 158

Description:

Investment and Cross-Border Trade in Services
Every person who seeks enrolment as a notary public must be a citizen of Canada or a person who has the status of a permanent resident of Canada.

Reservation I-PT-179

Sector: Business services

Sub-Sector:

Real estate services involving own or leased property
Real estate services on a fee or contract basis

Industry Classification: CPC 821, 822

Type of Reservation: National treatment

Level of Government: Territorial – Yukon

Measures:

Real Estate Agents Act, R.S.Y. 2002, c. 188
Regulation, O.I.C., 1977/158, 1981/14, and 1990/136

Description:

Cross-Border Trade in Services
Real estate agent applicants must:

  1. be a resident of Yukon for a period of not less than three months immediately prior to the application date; and
  2. be licenced as a salesman in Yukon for at least one year prior to submitting an application.

Reservation I-PT-180

Sector: Travel agency, tour operator and tourist guide services

Sub-Sector: Tourist guide services

Industry Classification: CPC 7472

Type of Reservation:

Market access
National treatment

Level of Government: Territorial – Yukon

Measures:

Wilderness Tourism Licensing Act, R.S.Y. 2002, c. 228
General Regulation, O.I.C. 1999/69

Description:

Investment and Cross-Border Trade in Services
1. There are a limited number of licences allocated for the Glacier Bay National Park and Preserve area. Licences allocated to Yukon are distributed with preference given to Yukon residents.

2. The above measures permit the Government of Yukon to regulate and issue various authorisations relating to wilderness tourism. This may involve, among other things, the making of measures:

  1. to limit ownership on the basis of nationality or residence;
  2. to limit market access; and
  3. to favour Canadian persons and Canadian service providers.

Reservation I-PT-181

Sector: Tourism

Sub-Sector: Services incidental to hunting, trapping, outfitting and tourist guides

Industry Classification: CPC 8813, 7472, 96419

Type of Reservation:

Market access
National treatment

Level of Government: Territorial – Yukon

Measures:

Wildlife Act, R.S.Y. 2002, c. 229
Wildlife Regulations, O.I.C. 2012/84
Trapping Regulation, O.I.C. 1982/283
Parks and Land Certainty Act, R.S.Y. 2002, c. 165
Hershel Island Park Regulation, O.I.C. 1990/038

Description:

Investment and Cross-Border Trade in Services
1. Applicants for outfitting concessions, trapping concessions and wilderness tourism licences must be a Canadian citizen or a permanent resident who ordinarily resides in Canada. Outfitters must be in Yukon during the period when persons are hunting in his or her concession.

2. An outfitting certificate is a yearly authorisation which gives permission to the holder to carry on the business of outfitting in a specific outfitting concession. An outfitting certificate is issued to a person who is a holder of the concession, or if requested, to an eligible corporation named by the outfitter. The corporation can then offer to provide guiding services to hunters. Assistant trapper's licences and trapping concessions are issued to Yukon residents only.

3. The above measures permit the Government of Yukon to regulate and issue various authorisations relating to tourism, including services incidental to hunting, trapping, outfitting and tourist guides. This may involve, among other things, the making of measures:

  1. to limit ownership on the basis of nationality or residence;
  2. to limit market access; and
  3. to favour Canadian persons and Canadian service providers.

Reservation I-PT-182

Sector: Services incidental to agriculture, hunting and forestry

Sub-Sector:

Hides, skins and fur skins, raw
Services incidental to animal husbandry
Services incidental to hunting

Industry Classification: CPC 0297, 8812, 8813

Type of Reservation:

Market access
National treatment

Level of Government: Territorial – Yukon

Measures:

Wildlife Act, R.S.Y. 2002, c. 229
Wildlife Regulations, O.I.C. 2012/84
Trapping Regulations, O.I.C. 1982/283
Game Farm Regulations, O.I.C. 1995/15
Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7

Description:

Investment and Cross-Border Trade in Services
1. A licence is required for a person to operate a fur farm in Yukon. Only Yukon residents are eligible for a licence. Residency is established by residing in Yukon for one year according to the Wildlife Act.

2. The above measures permit the Government of Yukon to regulate and issue various authorisations relating to farming, including raw hides, skins, and fur skins, services incidental to animal husbandry and services incidental to hunting. This may involve, among other things, the making of measures:

  1. to limit ownership on the basis of nationality or residence;
  2. to limit market access; and
  3. to favour Canadian persons and Canadian service providers.

Reservation I-PT-183

Sector: Land

Sub-Sector: Agricultural land, forest and other wooded land

Industry Classification: CPC 531, 8811 (other than rental of equipment with operator), 8812

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Territorial – Yukon

Measures:

Lands Titles Act, R.S.Y. 2002, c. 130
Lands Act, R.S.Y. 2002, c. 132
Lands Regulation, O.I.C. 1983/192
Lands Act – Regulation to Amend the Lands Regulation, O.I.C. 2012/159
Yukon Agriculture Policy
Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7

Description:

Investment and Cross-Border Trade in Services
1. Corporate applicants for agricultural land use must be incorporated in Canada or Yukon and the majority of shareholders must be Canadian citizens or landed immigrants who have resided continuously in Yukon for one year.

2. To be eligible to apply for agricultural land use, a society must be registered in Yukon whose officers are Canadian citizens or landed immigrants and must have resided continuously in Yukon for one year.

3. A majority of members of an agricultural association or cooperative applicants must be Yukon residents.

4. The above measures permit the Government of Yukon to regulate and issue various authorisations relating to agriculture, including agricultural land, forest and other wooded land. This may involve, among other things, the making of measures:

  1. to limit ownership on the basis of nationality or residence;
  2. to impose performance requirements;
  3. to favour Canadian persons and Canadian service providers; and
  4. regarding the nationality or residence of senior management and boards of directors.

Reservation I-PT-184

Sector: Land

Sub-Sector: Agricultural land, forest and other wooded land

Industry Classification: CPC 8811 (other than rental of agricultural equipment with operator), 8812, 531

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Territorial – Yukon

Measures:

Land Titles Act, R.S.Y. 2002, c. 130
Lands Act, R.S.Y. 2002, c. 132
Lands Regulation, O.I.C. 1983/192
Lands Act – Regulation to Amend the Lands Regulation, O.I.C. 2012/159
Grazing Regulations, O.I.C. 1988/171
Yukon Grazing Policy
Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7

Description:

Investment and Cross-Border Trade in Services
1. In order to apply for a grazing agreement:

  1. individual applicants must be a Canadian citizen or have permanent resident status; and have resided in Yukon for one year prior to applying;
  2. corporate applicants must have a majority of shares held by Yukon residents; or
  3. the majority of members of agricultural association or cooperative applicants must be Yukon residents.

2. The above measures permit the Government of Yukon to regulate and issue various authorisations relating to agriculture, including services incidental to agriculture, services incidental to animal husbandry, agricultural land, forest and other wooded land and Crown land leases and permits. This may involve, among other things, the making of measures:

  1. to impose performance requirements;
  2. to limit ownership on the basis of nationality or residence;
  3. to favour Canadian persons and Canadian service providers; and
  4. regarding the nationality or residence of senior management and board of directors.

Reservation I-PT-185

Sector: Agriculture, forestry and fisheries products

Sub-Sector:

Production, transformation and transport of agricultural products
Food and marine products
Services incidental to fishing
Services incidental to agriculture, forestry and hunting

Industry Classification: CPC 01, 02, 04, 531, 881 (other than rental of agricultural equipment with operator and 8814), 882

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Territorial – Yukon

Measures:

Agricultural Products Act, R.S.Y. 2002, c. 3
Meat Inspection and Abattoir Regulations, O.I.C. 1988/104
Yukon Agricultural Policy
Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7

Description:

Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to agriculture, including production, marketing, transformation and transport of agricultural products food and marine products, and services incidental to fishing. This may involve, among other things, the making of measures:

  1. to impose performance requirements;
  2. to limit ownership on the basis of nationality or residence;
  3. to favour Canadian persons and Canadian service providers; and
  4. regarding the nationality or residence of senior management and board of directors

Reservation I-PT-186

Sector: Agriculture, forestry and fisheries products

Sub-Sector:

Agricultural, forest and other wooded land
Forestry and logging products

Industry Classification: CPC 03, 531

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Territorial – Yukon

Measures:

Forest Resources Act, S.Y. 2008, c. 15
Forest Resources Regulation, O.I.C. 2010/171
Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7

Description:

Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to forestry, including agricultural, forest and other wooded land, and forestry and logging products. This may involve, among other things, the making of measures:

  1. to impose performance requirements;
  2. to limit ownership on the basis of nationality or residence;
  3. to favour Canadian persons and Canadian service providers; and
  4. regarding the nationality or residence of senior management and board of directors.

Reservation I-PT-187

Sector: Energy

Sub-Sector:

Electrical energy
Services incidental to energy distribution

Industry Classification: CPC 171, 713, 887

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Territorial – Yukon

Measures:

Waters Act, S.Y. 2003, c. 19
Waters Regulation, O.I.C. 2003/58
Environment Act, R.S.Y. 2002, c. 76
Quartz Mining Act, S.Y. 2003, c. 14
Quartz Mining Land Use Regulation, O.I.C. 2003/64
Security Regulation, O.I.C. 2007/77
Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7

Description:

Investment and Cross-Border Trade in Services
1. Yukon reserves the right to set or modify electricity rates.

2. Yukon may make available to Yukon Development Corporation (or any subsidiary or successor corporation) for operational purposes any facility or any water power that is owned by Yukon or under its control.

3. The above measures permit the Government of Yukon to regulate and issue various authorisations relating to energy, including electrical energy and services incidental to energy distribution. This may involve, among other things, the making of measures:

  1. to impose performance requirements;
  2. to limit ownership on the basis of nationality or residence;
  3. to favour Canadian persons and Canadian service providers; and
  4. regarding the nationality or residence of senior management and board of directors.

Reservation I-PT-188

Sector: Energy

Sub-Sector:

Production, transmission, and distribution of electricity
Gas, steam and hot water
Services incidental to energy distribution

Industry Classification: CPC 171, 713, 887

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Territorial – Yukon

Measures:

Corporate Governance Act, R.S.Y. 2002, c. 45
Public Utilities Act, R.S.Y. 2002, c. 186
Yukon Power Corporation Regulations, O.I.C. 1987/71
Yukon Development Corporation Act, R.S.Y. 2002, c. 236
Energy Conservation Fund, O.I.C. 1997/91
Energy Conservation Fund Use Regulation, O.I.C. 1998/204
Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7

Description:

Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to energy, including production, transmission, distribution of electricity, gas, steam and hot water and services incidental to energy distribution. This may involve, among other things, the making of measures:

  1. to impose performance requirements;
  2. to limit ownership on the basis of nationality or residence;
  3. to favour Canadian persons and Canadian service providers; and
  4. regarding the nationality or residence of senior management and board of directors.

Reservation I-PT-189

Sector: Transport

Sub-Sector:

Transport services via pipeline
Transportation of fuels
Transportation of other goods
Services incidental to energy distribution

Industry Classification: CPC 17, 713, 887

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Territorial – Yukon

Measures:

Public Utilities Act, R.S.Y. 2002, c. 186
Yukon Power Corporation Regulations, O.I.C. 1987/71
Oil and Gas Act, R.S.Y. 2002, c. 162
Oil and Gas Pipeline Regulations
Oil and Gas Disposition Regulations, O.I.C. 1999/147
Oil and Gas Licence Administration Regulations, O.I.C. 2004/157
Oil and Gas Drilling and Production Regulations, O.I.C. 2004/158
Oil and Gas Geoscience and Exploration Regulations, O.I.C. 2004/156
Oil and Gas Royalty Regulations, O.I.C. 2008/25
Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7

Description:

Investment and Cross-Border Trade in Services
1. The Commissioner in Executive Council may designate any "energy project" (defined to include any oil or gas pipeline) as a "regulated project", and allows the Minister to impose terms and conditions in respect of the project. The Commissioner in Executive Council may give directions to Yukon Utilities Board in respect of, among other things, utility rates and the operations of public utilities.

2. The above measures permit the Government of Yukon to regulate and issue various authorisations relating to transportation including transportation via pipeline, transportation of fuels, and transportation of other goods and services incidental to energy distribution. This may involve, among other things, the making of measures:

  1. to impose performance requirements;
  2. to limit ownership on the basis of nationality or residence;
  3. to favour Canadian persons and Canadian service providers; and
  4. regarding the nationality or residence of senior management and board of directors.

Reservation I-PT-190

Sector: Energy

Sub-Sector:

Oil and gas
Services incidental to energy distribution
Crude petroleum and natural gas
Transport services via pipeline

Industry Classification: CPC 120, 713, 887

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Territorial – Yukon

Measures:

Canada-Yukon Oil and Gas Accord
Oil and Gas Act, R.S.Y. 2002, c. 162
Oil and Gas Pipeline Regulation
Oil and Gas Disposition Regulations, O.I.C. 1999/147
Oil and Gas Licence Administration Regulations, O.I.C. 2004/157
Oil and Gas Drilling and Production Regulations, O.I.C. 2004/158
Oil and Gas Geoscience and Exploration Regulations, O.I.C. 2004/156
Oil and Gas Royalty Regulations, O.I.C. 2008/25
Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7

Description:

Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to energy, including oil and gas, services incidental to energy distribution, crude petroleum and natural gas, and transport services via pipeline. This may involve, among other things, the making of measures:

  1. to impose performance requirements;
  2. to limit ownership on the basis of nationality or residence;
  3. to favour Canadian persons and Canadian service providers; and
  4. regarding the nationality or residence of senior management and board of directors.

Reservation I-PT-191

Sector: Alcoholic beverages

Sub-Sector:

Commission agents' services
Wholesale trade services
Retailing services (liquor, wine and beer, liquor wine and beer stores)
Manufacture and transport of alcoholic beverages

Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107, 7123 (other than 71231, 71232, 71233, 71234), 8841

Type of Reservation:

National treatment
Senior management and boards of directors

Level of Government: Territorial – Yukon

Measures:

Liquor Act, R.S.Y. 2002, c. 140
Liquor Regulations, O.I.C. 1977/37
Regulations to Amend the Liquor Regulations, O.I.C. 2010/157, O.I.C. 2012/96
Yukon Act, S.C. 2002, c. 7

Description:

Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to alcoholic beverages, including wholesale trade services, food retailing services, liquor, wine and beer stores, liquor, wine and beer, commission agent's services, production, manufacture and transportation of alcoholic beverages and retailing services. This may involve, among other things, the making of measures:

  1. to limit ownership on the basis of nationality or residence;
  2. to favour Canadian persons and Canadian service providers; and
  3. regarding the nationality or residence of senior management and board of directors.

Reservation I-PT-192

Sector: Recreational, cultural and sporting services

Sub-Sector: Gambling and betting

Industry Classification: CPC 96492

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Territorial – Yukon

Measures:

Public Lotteries Act, R.S.Y. 2002, c. 179
Lottery Licensing Act, R.S.Y. 2002, c. 143
Lotteries and Games of Chance Regulations and the Diamond Tooth Gerties Regulations, O.I.C. 1987/180
Lottery Licensing Act – Regulation to Amend the Lottery and Games of Chance Regulations, O.I.C. 2012/102
Slot Machine Management Regulations, O.I.C. 2205/32

Description:

Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to gambling and betting, including regulating services, suppliers of services, manufacturing, suppliers of materials, operations and repairs relating to lottery schemes, amusement machines, video lottery terminals, games of chance, races, betting theatres, bingo, casinos and promotional contests, and to conduct such activities, including through territorial monopolies. This may involve, among other things, the making of measures:

  1. to impose performance requirements;
  2. to limit ownership on the basis of nationality or residence;
  3. to favour Canadian persons and Canadian service providers; and
  4. regarding the nationality or residence of senior management and board of directors.

Reservation I-PT-193

Sector: Business services

Sub-Sector:

Veterinary services for pet animals
Other veterinary services

Industry Classification: CPC 932

Type of Reservation: National treatment

Level of Government: Territorial – Yukon

Measures:

Animal Protection Act, R.S.Y. 2002, c. 6
Animal Health Act, R.S.Y. 2002, c. 5
Occupational Training Act, R.S.Y. 2002, c. 160

Description:

Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to veterinary services for pet animals and other veterinary services. This may involve, among other things, the making of measures:

  1. to limit ownership on the basis of nationality or residence; and
  2. to favour Canadian persons and Canadian service providers.

Reservation I-PT-194

Sector: Research and development services

Sub-Sector:

Research and experimental development services on natural sciences and engineering
Research and experimental development services on social sciences and humanities
Interdisciplinary research and experimental development services

Industry Classification: CPC 851, 852 (linguistics and languages only), 853

Type of Reservation:

National treatment
Performance requirements
Senior management and boards of directors

Level of Government: Territorial – Yukon

Measures:

Scientists and Explorers Act, R.S.Y. 2002, c. 200
Historic Resources Act, R.S.Y. 2002, c. 109
Archaeological Sites Regulation, O.I.C. 2003/73
Wildlife Act, R.S.Y. 2002, c. 229
Wildlife Regulations, O.I.C. 2012/84
Languages Act, R.S.Y. 2002, c. 133
Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7

Description:

Investment and Cross-Border Trade in Services
The above measures permit the Government of Yukon to regulate and issue various authorisations relating to research and development services on natural sciences and engineering, social sciences and humanities, interdisciplinary research and experimental developmental services. This may involve, among other things, the making of measures:

  1. to impose performance requirements;
  2. to limit ownership on the basis of nationality or residence;
  3. to favour Canadian persons and Canadian service providers; and
  4. regarding the nationality or residence of senior management and board of directors.
Date Modified: