Consolidated TPP Text – Annex IV – Schedule of Canada

Obligations Concerned:

Article 17.6.1(b) (Non-commercial Assistance)
Article 17.6.1(c) (Non-commercial Assistance)
Article 17.6.2(b) (Non-commercial Assistance)
Article 17.6.2(c) (Non-commercial Assistance)

Entity:

Bridge Authorities that manage international crossings, or any new, reorganised or transferee enterprise, with similar functions and objectives, that engage in the activities described below.

The Bridge Authorities that manage international crossings are the Federal Bridge Corporation Limited and the Windsor-Detroit Bridge Authority.

Scope of Non-Conforming Activities:

Canada, its state enterprises or state-owned enterprises may provide the Entity or Entities with appropriations or assistance from funding programmes to manage international crossings, including the design, construction, operation and maintenance of the Entity’s or Entities’ crossings and any related infrastructure, which may involve the supply of services or commercial establishment outside the territory of Canada.

Measures: International Bridges and Tunnels Act, S.C. 2007, c. 1
(and regulations thereof)
And including any future amendments.

Obligations Concerned:

Article 17.4.1(a) (Non-discriminatory Treatment and Commercial Considerations), with respect to financial or housing-related services
Article 17.4.1(b)(i) (Non-discriminatory Treatment and Commercial Considerations), with respect to financial or housing-related services
Article 17.4.1(c)(i) (Non-discriminatory Treatment and Commercial Considerations), with respect to financial or housing-related services
Article 17.6.1(b) (Non-commercial Assistance)

Entity:

Canada Mortgage and Housing Corporation and Canada Housing Trusts, or any new, reorganised or transferee enterprise , with similar functions and objectives.

Scope of Non-Conforming Activities:

With respect to Article 17.4.1(a) (Non-discriminatory Treatment and Commercial Considerations), the Entity or Entities may take into account factors other than commercial considerations in the provision of financial or housing-related services such as:

• (a) guarantees, mortgage insurance, loans and mortgage-backed securities; and
• (b) management of nursing homes, retirement homes, on-reserve and rental housing and ancillary infrastructure

in furtherance of the mandate to support housing needs and housing affordability in Canada as set out in laws, regulations, policies or programmes.

With respect to Article 17.4.1(b)(i) and Article 17.4.1(c)(i) (Non-discriminatory Treatment and Commercial Considerations) and as set out in applicable laws and regulations, policies or programmes, the Entity or Entities may:

• (a) provide financial or housing-related services such as mortgage insurance, loans and advisory services only to enterprises in Canada or provide such services to enterprises in certain other countries; and
• (b) purchase financial or housing-related services from enterprises in certain other countries.

With respect to Article 17.6.1(b) (Non-commercial Assistance), Canada may provide the Entity or Entities with non-commercial assistance with respect to its supply of financial or housing-related services from Canada into the territory of another Party as set out in applicable laws, regulations, policies or programmes.

Measures: Canada Mortgage and Housing Corporation Act, R.S.C. 1985, c. C-7
National Housing Act, R.S.C. 1985, c. N-11
(and regulations thereof)
And including any future amendments.

Obligations Concerned:

Article 17.4.1(a) (Non-discriminatory Treatment and Commercial Considerations)
Article 17.6.1(a) (Non-commercial Assistance), with respect to the production and sale of a good in competition with a like good produced and sold by a covered investment in the territory of Canada
Article 17.6.2(a) (Non-commercial Assistance), with respect to the production and sale of a good in competition with a like good produced and sold by a covered investment in the territory of Canada
Article 17.6.1(b) (Non-commercial Assistance)
Article 17.6.2(b) (Non-commercial Assistance)

Entity:

The Canadian Broadcasting Corporation (CBC), Telefilm Canada, and any new, reorganised or transferee enterprise related to cultural industries.

Scope of Non-Conforming Activities:

Canadian Broadcasting Corporation

With respect to Article 17.4.1 (a) (Non-discriminatory Treatment and Commercial Considerations), the CBC may take into account factors other than commercial considerations, and may accord preferences in its purchase and sale of goods and services to Canadian products, suppliers and persons, including:

• (a) originate programmes, secure programmes from within or outside Canada by purchase, exchange or otherwise and make arrangements necessary for their transmission;
• (b) make contracts with any person, within or outside Canada, in connection with the production or presentation of programmes originated or secured by the CBC;
• (c) produce, distribute and sell such consumer products as may seem conducive to the attainment of the objects of the CBC; and
• (d) do all such other things as the Board deems incidental or conducive to the attainment of the objects of the CBC.

The preferences to goods and services described above are granted pursuant to Annex II – Canada – 16 (Cultural Industries).  For greater certainty, Canada has not scheduled against Article 17.4.1(b), Article 17.4.1(c ), Article 17.4.2(b ) and Article 17.4.2(c) (Non-discriminatory Treatment and Commercial Considerations) for these preferences by virtue of Article 17. 2.11 (Scope).

With respect to Article 17.6.1(a), Article 17.6.1(b ), Article 17.6.2(a ) and Article 17.6.2(b) (Non-commercial Assistance), Canada or the CBC may provide non-commercial assistance with respect to the production and sale of a good in competition with a like good produced and sold by a covered investment in the territory of Canada and the supply of a service from Canada to the territory of another Party.

Telefilm Canada

With respect to Article 17.4.1 (a) (Non-discriminatory Treatment and Commercial Considerations), Telefilm Canada may take into account factors other than commercial considerations and may accord preferences in its purchase and sale of services to Canadian products, suppliers and persons, including:

• (a) make loans to producers of individual Canadian productions and charge interest on those loans; and
• (b) advise and assist Canadian producers in the distribution of their works and in the administrative functions of film production.

The preferences to goods and services described above are granted pursuant to Annex II – Canada – 16 (Cultural Industries).  For greater certainty, Canada has not scheduled against Article 17.4.1(b), Article 17.4.1(c), Article 17.4.2(b) and Article 17.4.2(c) (Non-Discriminatory Treatment and Commercial Considerations) for these preferences by virtue of Article 17. 2.11 (Scope).

With respect to Article 17.6.1 (b) and Article 17.6.2 (b) (Non-commercial Assistance), Canada or Telefilm Canada may provide non-commercial assistance with respect to the supply a service from Canada to the territory of another Party.

A new, reorganised or transferee enterprise

With respect to Article 17.4.1 (a) (Non-discriminatory Treatment and Commercial Considerations), a new, reorganised or transferee enterprise related to cultural industries may take into account factors other than commercial considerations, and may accord preferences in its purchase and sale of goods and services to Canadian products, suppliers and persons.

The preferences to goods and services described above are granted pursuant to Annex II – Canada – 16 (Cultural Industries). For greater certainty, Canada has not scheduled against Article 17.4.1(b), Article 17.4.1(c ), Article 17.4.2(b ) and Article 17.4.2(c) (Non-discriminatory Treatment and Commercial Considerations) for these preferences by virtue of Article 17. 2.11 (Scope).

With respect to Article 17.6.1(a), Article 17.6.1(b ), Article 17.6.2(a ) and Article 17.6.2(b) (Non-commercial Assistance), Canada or a new, reorganised or transferee enterprise related to cultural industries may provide non-commercial assistance with respect to the production and sale of a good in competition with a like good produced and sold by a covered investment in the territory of Canada and the supply of a service from Canada to the territory of another Party.

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

• (a) the publication, distribution, or sale of books, magazines, periodicals or newspapers in print or machine readable form but not including the sole activity of printing or typesetting any of the foregoing;
• (b) the production, distribution, sale or exhibition of film or video recordings;
• (c) the production, distribution, sale or exhibition of audio or video music recordings;
• (d) the publication, distribution or sale of music in print or machine readable form; or
• (e) radiocommunications in which the transmissions are intended for direct reception by the general public, and all radio, television and cable broadcasting undertakings and all satellite programming and broadcast network services;

Measures: Broadcasting Act, S.C. 1991, C. 11
Telefilm Canada Act, R.S.C. 1985, c. C-16
(and regulations thereof)
And including any future amendments.

Obligations Concerned:      

Article 17.4 .1(a) (Non-discriminatory Treatment and Commercial Considerations)
Article 17.4:1(c)(i) (Non-discriminatory Treatment and Commercial Considerations)
Article 17.6:1(b) (Non-commercial Assistance)

Entity:

Canadian Commercial Corporation, or any new, reorganised or transferee enterprise, with similar functions and objectives, that engages in the activities described below.

Scope of Non-Conforming Activities:

With respect to Article 17.4.1(a) (Non-discriminatory Treatment and Commercial Considerations), the Entity or Entities may restrict the sale of services associated with facilitating the import or export of goods or services to enterprises located within Canada as set out in applicable laws, regulations, policies and practices.

With respect to Article 17.4.1(c)(i) (Non-discriminatory Treatment and Commercial Considerations), the Entity or Entities may accord preferences in the sale of services associated with facilitating the import or export of goods or services to or from certain countries based on bilateral arrangements with the relevant country.

With respect to Article 17.6.1(b) (Non-commercial Assistance), Canada may provide the Entity or Entities with non-commercial assistance with respect to its supply of a service from Canada into the territory of another Party associated with facilitating the import or export of goods and services, as set out in applicable laws, regulations and policies.

Measures: Canadian Commercial Corporation Act, R.S.C. 1985, c. C14
(and regulations thereof)
And including any future amendments.

Obligations Concerned:      

Article 17.6 .1(a) (Non-commercial Assistance), with respect to the production and sale of a good in competition with a like good produced and sold by a covered investment in the territory of Canada
Article 17.6:1(b) (Non-commercial Assistance)

Entity:

Canadian Dairy Commission, or any new, reorganised or transferee enterprise, with similar functions and objectives.

Scope of Non-Conforming Activities:

With respect to Article 17.6.1(a) (Non-commercial Assistance), Canada may provide the Entity or Entities with non-commercial assistance with respect to the production and sale of dairy products in the territory of Canada pursuant to the Canadian Dairy Commission Act.

With respect to Article 17.6.1(b) (Non-commercial Assistance), Canada may provide the Entity or Entities with non-commercial assistance regarding services related to the cross-border trade of dairy products (export and import) such as shipping, insuring and wholesale trade and distribution, pursuant to the Canadian Dairy Commission Act.

Measures: Canadian Dairy Commission Act, R.S.C. 1985, c. C-15
(and regulations thereof)
And including any future amendments.

Obligations Concerned:

Article 17.4.1(a) (Non-discriminatory Treatment and Commercial Considerations) with respect to the purchase of a good or service
Article 17.4.1(b) (Non-discriminatory Treatment and Commercial Considerations)

Entity:

All existing and future state-owned enterprises

Scope of Non-Conforming Activities:

The Entity or Entities may accord more favourable treatment to aboriginal persons and organisations in the purchase of goods and services.

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