Consolidated TPP Text – Annex II – Schedule of Canada

Introductory Notes

In the interpretation of an entry, all elements of the entry shall be considered. The Description element shall prevail over all other elements.

Sector: Aboriginal Affairs

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)

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure denying investors of and their investments, or service suppliers of a Party, any rights or preferences provided to aboriginal peoples.

Existing Measures: Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11


Sector: All

Sub-Sector:

Obligations Concerned: National Treatment (Article 9.4)

Description: Investment

Canada reserves the right to adopt or maintain a measure relating to residency requirements for the ownership by investors of a Party, or their investments, of oceanfront land.


Sector: Fisheries

Sub-Sector: Fishing and services incidental to fishing

Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure with respect to licensing fishing or fishing related activities including entry of foreign fishing vessels to Canada’s exclusive economic zone, territorial sea, internal waters or ports and use of services therein.

Existing Measures: Coastal Fisheries Protection Act, R.S.C. 1985, c. C-33
Fisheries Act, R.S.C 1985, c. F-14
Coastal Fisheries Protection Regulations, C.R.C. 1978, c. 413
Commercial Fisheries Licensing Policy
Policy on Foreign Investment in the Canadian Fisheries Sector, 1985


Sector: Government Finance

Sub-Sector: Securities

Obligations Concerned: National Treatment (Article 9.4)

Description: Investment

Canada reserves the right to adopt or maintain a measure relating to the acquisition, sale or other disposition by nationals of a Party of bonds, treasury bills or other kinds of debt securities issued by the Government of Canada or a Canadian regional government.

Existing Measures: Financial Administration Act, R.S.C. 1985, c. F-11


Sector: Minority Affairs

Sub-Sector:

Obligations Concerned:            
National Treatment (Article 9.4 and Article 10.3)
Performance Requirements (Article 9.10)
Senior Management and Boards of Directors (Article 9.11)
Local Presence (Article 10.6

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure conferring rights or privileges to a socially or economically disadvantaged minority.


Sector: Social Services

Sub-Sector:

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

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure for supplying public law enforcement and correctional services, as well as the following services to the extent that they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health and child care.


Sector: Transportation

Sub-Sector: Air transportation

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

Description: Cross-Border Trade in Services

Canada reserves the right to selectively negotiate agreements or arrangements with other States, organisations of States, aeronautical authorities or service suppliers to recognise their accreditation of repair, overhaul and maintenance facilities and certification by such facilities of work performed on Canadian-registered aircraft and other related aeronautical products.


Sector: Transportation

Sub-Sector: Air transportation

Obligations Concerned: National Treatment (Article 9.4 and Article 10. 3)
Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Local Presence (Article 10.6)

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure relating to the selling and marketing of air transportation services.


Sector: Transportation

Sub-Sector: Water transportation

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)

Description: Investment and Cross-Border Trade in Services

Existing Measures: Coasting Trade Act, S.C. 1992, c. 31
Canada Shipping Act, 2001, S.C. 2001, c. 26
Customs Act, R.S.C. 1985, c. 1 (2nd Supp.)
Customs and Excise Offshore Application Act, R.S.C. 1985, c. C-53


Sector: Transportation

Sub-Sector: Water transportation

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

Description: Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure relating to the implementation of agreements, arrangements and other formal or informal undertakings with other countries with respect to maritime activities in waters of mutual interest in such areas as pollution control (including double hull requirements for oil tankers), safe navigation, barge inspection standards, water quality, pilotage, salvage, drug abuse control and maritime communications.


Sector: All

Sub-Sector:

Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)

Description: Investment and Cross- Border Trade in Services


Sector: Transportation

Sub-Sector: Water transportation

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)

Description: Investment and Cross-Border Trade in Services


Sector: Water transportation

Sub-Sector: Technical testing and analysis services

Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5)

Local Presence (Article 10.6)

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure relating to the recognition of a person, classification society or organisation authorised to carry out statutory inspections and certification of ships on behalf of Canada.  For greater certainty, only a person, classification society or other organisation authorised by Canada, and having a local presence in Canada, may carry out statutory inspections and issue Canadian Maritime Documents to Canadian registered ships and their equipment on behalf of Canada.


Sector: Cultural Industries

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)

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure that affects cultural industries and that has the objective of supporting, directly or indirectly, the creation, development or accessibility of Canadian artistic expression or content, except:

For the purpose of this entry, “cultural industries” means persons engaged in any of the following activities:


Sector: All

Sub-Sector:

Obligations Concerned: Market Access (Article 10.5)

Description: Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure that is not inconsistent with:

For greater certainty, this entry applies to measures adopted or maintained that affect the supply of a service by a covered investment pursuant to Article 10.5 (Market Access).  For purposes of this entry only, Canada’s Schedule of Specific Commitments is modified as indicated in Appendix II.


Sector: All

Sub-Sector:

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

Description: Investment


Sector: Air Services

Sub-Sector: Ground handling

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)

Description: Investment and Cross-Border Trade in Services

Investment: Canada reserves the right to adopt or maintain a measure relating to ground handling by airlines (including self-handling or third-party handling) or by investors of another Party.

Cross-Border Trade in Services: Canada reserves the right to adopt or maintain a measure relating to the supply of ground handling services, as defined in Article 10.1 (Definitions), for the purpose of Chapter 10 (Cross-Border Trade in Services ).

For greater certainty, this entry does not affect Canada’s rights and obligations under any bilateral air transportation agreement between Canada and any of the other Parties.


Sector: Transportation

Sub-Sector: Air services

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)

Description: Investment and Cross-Border Trade in Services

Investment: Canada reserves the right to adopt or maintain a measure with respect to investment in or operation of airports.

Cross-Border Trade in Services: Canada reserves the right to adopt or maintain a measure relating to the supply of airport operation services, as defined in Article 10.1 (Definitions), for the purpose of Chapter 10 (Cross-Border Trade in Services ).

Appendix II

For the following Sectors, Canada's obligations under Article XVI of the General Agreement on Trade in Services (GATS) are improved as described.
Sector/Sub-sectorMarket Access Improvements
Accounting, Auditing, and Book-keeping services

Under Mode 1 remove:

Auditing

  • Commercial presence requirement: Nova Scotia.
  • Citizenship requirement for accreditation: Manitoba and Quebec.
  • Permanent residence requirement for accreditation: Ontario.

Under Mode 2 remove:

Auditing

  • Commercial presence requirement: Nova Scotia.
  • Citizenship requirement for accreditation: Manitoba and Quebec.
  • Permanent residence requirement for accreditation: Ontario.
Architectural services

Under Mode 1 remove:

Architects

  • Citizenship requirement for accreditation: Quebec.
Engineering services

Under Mode 1 remove:

Consulting Engineers

  • Commercial presence requirement for accreditation: Manitoba.

Engineers

  • Permanent residence requirement for accreditation: Newfoundland and Labrador, Nova Scotia.
  • Citizenship requirement for accreditation: Quebec.

Under Mode 2 remove:

Consulting Engineers

  • Commercial presence requirement for accreditation: Manitoba.

Engineers

  • Permanent residence requirement for accreditation: Newfoundland and Labrador, Nova Scotia.
  • Citizenship requirement for accreditation: Quebec.
Integrated engineering services

Under Mode 1 remove:

Consulting Engineers

  • Commercial presence requirement for accreditation: Manitoba.

Engineers

  • Permanent residence requirement for accreditation: Newfoundland and Labrador, Nova Scotia.
  • Citizenship requirement for accreditation.: Quebec.

Under Mode 2 remove:

Consulting Engineers

  • Commercial presence requirement for accreditation: Manitoba.

Engineers

  • Permanent residence requirement for accreditation: Newfoundland and Labrador, Nova Scotia.
  • Citizenship requirement for accreditation.: Quebec.
Urban planning and landscape architectural services

Under Mode 1 remove:

Community/ Urban Planning

  • Citizenship requirement for use of title: Quebec.
Real estate services

Under Mode 1 remove:

Chartered Appraisers

  • Citizenship requirement for use of title: Quebec.
Management consulting services

Under Mode 1 remove:

Agrologists

  • Citizenship requirement for accreditation: Quebec.

Professional Administrators and Certified Management Consultants

  • Citizenship requirement for use of title: Quebec Professional Corporation of Administrators.

Industrial Relations Counsellors

  • Citizenship requirement for use of title: Quebec.

Under Mode 2 remove:

Agrologists

  • Citizenship requirement for accreditation: Quebec.
Investigation and security services

Under Mode 3 remove:

Business and Personnel Information Investigations

  • Foreign ownership restriction to 25 per cent in total and 10 per cent by any individual holding shares: Ontario.
Related scientific and technical consulting services

Under Mode 1 remove:

Land Surveyors

  • Citizenship requirement for accreditation: Nova Scotia and Quebec.

Subsurface Surveying Services

  • Citizenship requirement for accreditation: Quebec.

Professional Technologist

  • Citizenship requirement for accreditation: Quebec.

Chemists

  • Citizenship requirement for accreditation: Quebec

Under Mode 2 remove:

Land Surveyors

  • Citizenship requirement for accreditation: Nova Scotia and Quebec.

Subsurface Surveying Services

  • Citizenship requirement for accreditation: Quebec
Other business services

Under Mode 1 remove:

Certified Translators and Interpreters

  • Citizenship requirement for use of title: Quebec.

Under Mode 2 remove:

Certified Translators and Interpreters

  • Citizenship requirement for use of title: Quebec.

Under Mode 3 remove:

Collection Agencies

  • Foreign Ownership restriction to 25 per cent in total and 10 per cent by any individual: Ontario.
Courier services

Under Mode 3 remove:

  • Economic needs test (Criteria related to approval include: 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 supply proper service.): Nova Scotia and Manitoba.
General construction work for civil engineering

Under Mode 3 remove:

Construction

  • An applicant and holder of a water power site development permit must be incorporated in Ontario.
Wholesale trade services

Under Mode 1, remove:

Marketing of Fish Products (Nova Scotia): Nova Scotia residents require ministerial approval to enter into agreements with non residents.

Railway passenger and freight transport

Under Mode 1, remove:

  • cabotage limitation
Road Passenger Transportation

Under Mode 3 remove:

Interurban bus transport and scheduled services:

  • Public convenience and needs test (Criteria related to approval include: 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 supply proper service.): Prince Edward Island.
Road Freight transportation

Under Mode 3 remove:

Highway freight transportation:

  • Public convenience and needs test (Criteria related to approval include: 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 supply proper service.): British Columbia, Manitoba, Ontario, Prince Edward Island, Nova Scotia.
Telecommunications

Under Mode 3 remove:

Nova Scotia: no person may vote more than 1,000 shares of Maritime Telegraph and Telephone Ltd..

Date Modified: