Consolidated TPP Text – Annex I – Schedule of Canada

Introductory Notes

Sector: All

Sub-Sector:

Obligations Concerned: National Treatment (Article 9.4 )
Most-Favoured-Nation Treatment (Article 9.5)
Performance Requirements (Article 9.10)
Senior Management and Boards of Directors (Article 9.11)

Level of Government: Central

Measures: Investment Canada Act, R.S.C. 1985, c. 28 (1st Supp.)
Investment Canada Regulations, SOR/85-611, as qualified by paragraphs 8 through 12 of the Description element

Description: Investment


Sector: All

Obligations Concerned: National Treatment (Article 9.4)

Level of Government: Central

Measures: Canada Business Corporations Act, R.S.C. 1985, c. C-44
Canada Business Corporations Act Regulations, SOR/2001-512
Canada Cooperatives Act, S.C.1998, c1
Canada Cooperatives Regulations, SOR/99-256

Description: Investment


Sector: All

Sub-Sector:

Obligations Concerned: National Treatment (Article 9.4)

Level of Government: Central

Measures: Citizenship Act, R.S.C. 1985, c. C-29
Foreign Ownership of Land Regulations, SOR/79-416

Description: Investment


Sector: All

Sub-Sector:

Obligations Concerned: National Treatment (Article 9.4)

Level of Government: Central

Measures: Air Canada Public Participation Act, R.S.C. 1985, c. 35 (4th Supp.)
Canadian Arsenals Limited Divestiture Authorization Act, S.C. 1986, c. 20
Eldorado Nuclear Limited Reorganization and Divestiture Act, S.C. 1988, c. 41
Nordion and Theratronics Divestiture Authorization Act, S.C. 1990, c. 4

Description: Investment


Sector: All

Sub-Sector:

Obligations Concerned: Local Presence (Article 10.6)

Level of Government: Central

Measures: Export and Import Permits Act, R.S.C. 1985, c. E-19

Description: Cross-Border Trade in Services

Only individuals ordinarily resident in Canada, enterprises having their head offices in Canada or branch offices in Canada of foreign enterprises may apply for and be issued import or export permits or transit authorisation certificates for goods and related services subject to controls under the Export and Import Permits Act.


Sector: Business Service Industries

Sub-Sector:

Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Local Presence (Article 10.6)
Senior Management and Boards of Directors (Article 9. 11)

Level of Government: Central

Measures: Customs Act, R.S.C. 1985, c. 1 (2nd Supp.)
Customs Brokers Licensing Regulations, SOR/86-1067

Description: Investment and Cross-Border Trade in Services

To be a licensed customs broker in Canada:


Sector: Business Service Industries

Sub-Sector: Duty free shops

Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Local Presence (Article 10.6)

Level of Government: Central

Measures: Customs Act, R.S.C. 1985, c. 1 (2nd Supp.)

Duty Free Shop Regulations, SOR/86-1072

Description: Investment and Cross-Border Trade in Services


Sector: Business Service Industries

Sub-Sector: Examination services relating to the export and import of cultural property

Obligations Concerned: Local Presence (Article 10.6)

Level of Government: Central

Measures: Cultural Property Export and Import Act, R.S.C. 1985, c. C-51

Description: Cross-Border Trade in Services

Only a “resident of Canada ” or an “institution ” in Canada may be designated as an “expert examiner ” of cultural property for the purposes of the Cultural Property Export and Import Act.  A “resident ” of Canada is an individual who is ordinarily resident in Canada, or a corporation that has its head office in Canada or maintains one or more establishments in Canada to which employees employed in connection with the business of the corporation ordinarily report for work.  An “institution ” is an institution that is publicly owned and operated solely for the benefit of the public, that is established for educational or cultural purposes and that conserves objects and exhibits them.


Sector: Professional Services

Sub-Sector: Patent agents , patent agents supplying legal advisory and representation services

Obligations Concerned: Local Presence (Article 10.6)

Level of Government: Central

Measures: Patent Act, R.S.C. 1985, c. P-4
Patent Rules, SOR/96-423

Description: Cross-Border Trade in Services

To represent a person in the prosecution of a patent application or in other business before the Patent Office, a patent agent must be resident in Canada and registered by the Patent Office.


Sector: Professional Services

Sub-Sector: Trade-mark agents, trade -mark agents supplying legal advisory and representation services in statutory procedures

Obligations Concerned: Local Presence (Article 10.6)

Level of Government: Central

Measures: Trade- marks Act, R.S.C. 1985, c. T-13
Trade-marks Regulations, SOR/96-195

Description: Cross-Border Trade in Services

To represent a person in the prosecution of an application for a trade-mark or in other business before the Trade-marks Office, a trade-mark agent must be resident in Canada and registered by the Trade-marks Office.


Sector: Energy

Sub-Sector: Oil and Gas

Obligations Concerned: National Treatment (Article 9.4)

Level of Government: Central

Measures: Canada Petroleum Resources Act, R.S.C. 1985, c. 36 (2nd Supp.)
Territorial Lands Act, R.S.C. 1985, c. T-7
Federal Real Property and Federal Immovables Act, S.C. 1991, c. 50
Canada - Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3
Canada - Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28

Description: Investment


Sector: Energy

Sub-Sector: Oil and Gas

Obligations Concerned: Performance Requirements (Article 9.10)

Local Presence (Article 10.6)

Level of Government: Central

Measures: Canada Oil and Gas Production and Conservation Act, R.S.C. 1985, c. O-7, as amended by Canada Oil and Gas Operations Act, S.C. 1992, c. 35
Canada - Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28
Canada - Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3
Measures implementing the Canada-Yukon Oil and Gas Accord, including the Canada-Yukon Oil and Gas Accord Implementation Act, 1998, c.5, s.20 and the Oil and Gas Act, RSY 2002, c.162
Measures implementing the Northwest Territories Oil and Gas Accord, including implementing measures that apply to or are adopted by Nunavut as the successor territories to the former Northwest Territories.
Measures implementing the Canada-Quebec Gulf of St. Lawrence Petroleum Resources Accord

Description: Investment and Cross-Border Trade in Services


Sector: Energy

Sub-Sector: Oil and Gas

Obligations Concerned: Performance Requirements (Article 9.10)

Level of Government: Central

Measures: Canada - Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3
Hibernia Development Project Act, S.C. 1990, c. 41

Description: Investment


Sector: Energy

Sub-Sector: Uranium

Obligations Concerned: National Treatment (Article 9.4)

Most-Favoured-Nation Treatment (Article 9.5)

Level of Government: Central

Measures: Investment Canada Act, R.S.C. 1985, c. 28 (1st Supp.)
Investment Canada Regulations, SOR/85-611
Policy on Non-Resident Ownership in the Uranium Mining Sector, 1987

Description: Investment


Sector: Transportation

Sub-Sector: Air transportation

Obligations Concerned: National Treatment (Article 9.4)
Most-Favoured-Nation Treatment (Article 9.5)
Senior Management and Boards of Directors (Article 9. 11)

Level of Government: Central

Measures: Canada Transportation Act, S.C. 1996, c. 10
Aeronautics Act, R.S.C. 1985, c. A-2
Canadian Aviation Regulations, SOR/96-433:

Description: Investment


Sector: Transportation

Sub-Sector: Air transportation

Obligations Concerned: National Treatment (Article 10.3)
Local Presence (Article 10.6)

Level of Government: Central

Measures: Aeronautics Act, R.S.C. 1985, c. A-2
Canadian Aviation Regulations, SOR/96-433
Part IV “Personnel Licensing &Training”;
Part V: “Airworthiness”;
Part VI “General Operating & Flight Rules”; and
Part VII “Commercial Air Services”

Description: Cross-Border Trade in Services

Aircraft and other aeronautical product repair, overhaul or maintenance activities required to maintain the airworthiness of Canadian-registered aircraft and other aeronautical products must be performed by persons meeting Canadian aviation regulatory requirements (i.e., approved maintenance organisations and aircraft maintenance engineers). Certifications are not provided for persons located outside Canada, except sub- organisations of approved maintenance organisations that are themselves located in Canada.


Sector: Transportation

Sub-Sector: Land transportation

Obligations Concerned: National Treatment (Article 10.3)
Local Presence (Article 10.6)

Level of Government: Central

Measures: Motor Vehicle Transport Act, R.S.C. 1985, c. 29 (3rd Supp.), as amended by S.C. 2001, c. 13
Canada Transportation Act, S.C. 1996, c.10
Customs Tariff, 1997, C.36

Description: Cross-Border Trade in Services

Only persons of Canada, using Canadian-registered and either Canadian-built or duty-paid trucks or buses, may supply truck or bus services between points in the territory of Canada.


Sector: Transportation

Sub-Sector: Water transportation

Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Local Presence (Article 10.6)

Level of Government: Central

Measures: Canada Shipping Act, 2001, S.C. 2001, c. 26

Description: Investment and Cross-Border Trade in Services


Sector: Transportation

Sub-Sector: Water transportation

Obligations Concerned: National Treatment (Article 10.3)
Local Presence (Article 10.6)

Level of Government: Central

Measures: Canada Shipping Act, 2001, S.C. 2001, C.26
Marine Personnel Regulations SOR/2007-115

Description: Cross-Border Trade in Services

Masters, mates, engineers and certain other seafarers must hold certificates granted by the Minister of Transport as a requirement of service on Canadian registered ships. Such certificates may be granted only to Canadian citizens or permanent residents.


Sector: Transportation

Sub-Sector: Water transportation

Obligations Concerned: National Treatment (Article 10.3)

Local Presence (Article 10.6)

Level of Government: Central

Measures: Pilotage Act, R.S.C. 1985, c. P-14
General Pilotage Regulations, SOR/2000-132
Atlantic Pilotage Authority Regulations, C.R.C., c. 1264
Laurentian Pilotage Authority Regulations, C.R.C., c. 1268
Great Lakes Pilotage Regulations, C.R.C., c. 1266
Pacific Pilotage Regulations, C.R.C., c. 1270

Description: Cross-Border Trade in Services

Subject to Annex II – Canada – 12, a licence or a pilotage certificate issued by the relevant regional Pilotage Authority is required to supply pilotage services in the compulsory pilotage waters of the territory of Canada.  Only Canadian citizens or permanent residents may obtain such a licence or a pilotage certificate.  A permanent resident of Canada who has been issued a pilot’s licence or pilotage certificate must become a Canadian citizen within five years of receipt of the licence or pilotage certificate in order to retain it.


Sector: Transportation

Sub-Sector: Water transportation

Obligations Concerned: Local Presence (Article 10.6)

Level of Government: Central

Measures: Shipping Conferences Exemption Act, 1987, R.S.C. 1985, c. 17 (3rd Supp.)

Description: Cross-Border Trade in Services

Members of a shipping conference must maintain jointly an office or agency in the region of Canada where they operate.  A shipping conference is an association of ocean carriers that has the purpose or effect of regulating rates and conditions for the transportation by those carriers of goods by water.


Sector: Transportation

Sub-Sector: Water transportation

Obligations Concerned: Most-Favoured-Nation Treatment (Article 10.4)

Level of Government: Central

Measures: Coasting Trade Act, S.C. 1992, c. 31

Description: Cross-Border Trade in Services

The prohibitions under the Coasting Trade Act, set out in Annex II – Canada – 10, do not apply to any vessel that is owned by the U.S. Government when used solely for the purpose of transporting goods owned by the U.S. Government from the territory of Canada to supply Distant Early Warning sites.


Sector: All

Sub-Sector:

Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Performance Requirements (Article 9.10)
Senior Management and Boards of Directors (Article 9.11)
Local Presence (Article 10.6)

Level of Government: Regional

Measures: All existing non-conforming measures of all provinces and territories.

Description: Investment and Cross-Border Trade in Services

For purposes of transparency, Appendix I-A sets out an illustrative, non-binding list of non-conforming measures maintained at the regional level of government.


Sector: Air transportation

Sub-Sector: Specialty air services as defined in Chapter 10 (Cross-Border Trade in Services )

Obligations Concerned: National Treatment (Article 10.3)

Most-Favoured-Nation Treatment (Article 10.4)

Level of Government: Central

Measures: Canada Transportation Act, S.C. 1996, c. 10
Air Transportation Regulations, SOR/88-58
Canadian Aviation Regulations, SOR/96-433

Description: Cross-Border Trade in Services

Authorisation from Transport Canada is required to supply specialty air services in the territory of Canada. In determining whether to grant a particular authorisation, Transport Canada will consider among other factors, whether the country in which the applicant, if an individual, is resident or, if an enterprise, is constituted or organised, provides Canadian specialty air service operators reciprocal access to supply specialty air services in that country’s territory. Any foreign service supplier authorised to supply specialty air services is required to comply with Canadian safety requirements while supplying such services in Canada.


Sector: Communications

Sub-Sector: Telecommunications transport networks and services
Radiocommunications

Obligations Concerned: National Treatment (Article 9.4)
Senior Management and Boards of Directors (Article 9.11)

Level of Government: Central

Existing Measures: Telecommunications Act, S.C. 1993, c. 38
Canadian Telecommunications Common Carrier Ownership and
Control Regulations, SOR/94-667
Radiocommunications Act, R.S.C. 1985, c. R-2
Radiocommunication Regulations, SOR/96-484

Description: Investment

Foreign investment in facilities-based telecommunications service suppliers is restricted to a maximum, cumulative total of 46.7 per cent voting interest, based on 20 per cent direct investment and 33.3 per cent indirect investment.

Facilities-based telecommunications service suppliers must be controlled in fact by Canadians.

At least 80 per cent of the members of the board of directors of facilities-based telecommunications service suppliers must be Canadians.

Appendix I-A: Illustrative List of Canada’s Regional Non-conforming MeasuresFootnote 1
SectorNon-conforming measure by jurisdiction
Accounting, auditing and bookkeeping services

Residency: Saskatchewan, British Columbia, Ontario, Nova Scotia, Quebec, Prince Edward Island, Newfoundland and Labrador, Manitoba, Alberta.

Local Presence: Saskatchewan, Newfoundland and Labrador, Manitoba, Ontario.

Architectural services

Residency: Nova Scotia, Newfoundland and Labrador.

Corporate Form: Prince Edward Island requires non-resident firms to maintain a higher percentage of practitioners in a partnership.

Engineering services and integrated engineering servicesResidency: Saskatchewan, British Columbia, Ontario, New Brunswick, Alberta.
Urban planning and landscape architecture services

Residency: Newfoundland and Labrador, Saskatchewan.

Real estate services

Residency: Alberta, Quebec, Yukon, Manitoba, British Columbia, Nova Scotia, Prince Edward Island, Newfoundland and Labrador.

Local Presence: Saskatchewan, Ontario, Nova Scotia, Prince Edward Island, Newfoundland and Labrador, Alberta.

Management consulting servicesResidency: Newfoundland and Labrador.
Toll refiningPerformance Requirement: Ontario requires treatment or refinement of base metals in Canada.
Placement and supply services of personnelLocal Presence: Ontario.
Investigation and security services

Senior Managers and Board of Directors: Newfoundland and Labrador.

Local Presence: Ontario.

Related scientific and technical consulting services

Residency: Ontario, British Columbia, Newfoundland and Labrador.

Citizenship: British Columbia, Manitoba.

Local Presence: Saskatchewan.

Training Requirement:Ontario requires training to be completed in province for accreditation in respect of land surveyors.

Other business services

Residency: Saskatchewan, Ontario, Nova Scotia

Local Presence: Saskatchewan, Newfoundland and Labrador, Nova Scotia, Prince Edward Island.

Distribution services

Citizenship: Quebec.

Local Presence: Quebec, Saskatchewan, Newfoundland and Labrador, Nova Scotia, British Columbia, Ontario.

Economic Needs Test: Prince Edward Island.

Tourism and travel related services

Residency: Alberta, British Columbia, Ontario.

Residency/Citizenship: Alberta, Saskatchewan, Nova Scotia, Newfoundland and Labrador, Quebec.

Local Presence: Ontario, Quebec.

Taxation: Ontario requires non-residents to pay 20 per cent land transfer tax.

Road transport services(Passenger transportation) Economic Needs Test: British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Nova Scotia, Newfoundland and Labrador, Nunavut, Northwest Territories.
Road transport services (Freight transportation)

Local Presence: Quebec.

Economic Needs Test: Saskatchewan, Newfoundland and Labrador.

Date Modified: