PART A: Government-to-Government Dispute Resolution

Article 1003: Consultations

A Party that considers that a measure of another Party is or would be inconsistent with that other Party’s obligations under this Agreement may request consultations with that other Party by delivering written notice to that other Party and, on the same date, to the other Parties and to the Secretariat. The notice shall specify the actual or proposed measure complained of, the relevant provisions of this Agreement, and provide a brief summary of the complaint.
A Party may not make a request for consultations under this Part for a matter arising under Article 320.1(b) or 320 .1(c) (Prohibited Incentives) if more than two years have elapsed from the date when the Party first acquired, or should have first acquired, knowledge of an incentive and knowledge that the Party had incurred injury.
A Party may not request consultations under this Article with respect to a measure that is or has been the subject of a request for a Panel under Article 1004 until three years after whichever of the following applies:
1. the date on which written notice of a mutually satisfactory resolution regarding that measure was filed with the Secretariat under Article 1010.3;
2. the date of a Report regarding that measure issued under Article 1008 from which no appeal has been taken; or
3. the date of a final decision regarding that measure following an appeal made under Article 1009.1.
A Party that considers itself to have a substantial interest in the matter, within the meaning of Article 1004.11, may participate in the consultations by delivering written notice of its intention to participate to the other Parties and to the Secretariat within 10 days of the delivery by the Initiating Party to the Replying Party of a request made under paragraph 1.
The Initiating Party and Replying Party may, by agreement, request the assistance of one or more relevant working groups in resolving the dispute. A list of working groups shall be filed by the Parties with the Secretariat.
A request for assistance made under paragraph 5 shall be delivered in writing to each working group being requested to assist, to the Consulting Participants, and to the Secretariat.
A working group, in giving assistance requested under paragraph 5, shall consider any matter referred to it as expeditiously as possible, particularly matters regarding perishable goods.
If the matter is not resolved to the satisfaction of the Initiating Party and Replying Party within 60 days of delivery by the Initiating Party to the Replying Party of a request made under paragraph 1, the Initiating Party and Replying Party may, by agreement, request the assistance of relevant responsible Ministers or members of the Committee whose assistance would be helpful in resolving the dispute.
A request for assistance from the Initiating Party and Replying Party made under paragraph 8 shall be delivered in writing to those Ministers or members of the Committee, to the Consulting Participants, and to the Secretariat.
In providing assistance requested under paragraph 8, those Ministers or members of the Committee may seek the advice of technical experts, establish other working groups or fact-finding bodies, facilitate the use of conciliation, mediation, and other dispute resolution mechanisms, and make recommendations.
Consultations shall be confidential and without prejudice to the rights of the Consulting Parties in any Proceedings.
The Consulting Parties shall exchange all information necessary to enable a full examination to be made of how the actual or proposed measure, or other matter, may affect the operation of this Agreement. In so doing, the Consulting Parties shall treat any confidential information received on the same basis as the Party providing the confidential information treats it.

Article 1004: Request for Panel

If the matter in question has not been resolved to the satisfaction of the Initiating Party or to the satisfaction of a Consulting Participant:
1. the Initiating Party;
2. the Consulting Participant; or
3. the Initiating Party and Consulting Participant jointly,

may make a written request to the Secretariat, with a copy to the Committee, to establish a Panel.

A request to establish a Panel may not be made sooner than 120 days after the Initiating Party delivered a request for consultations to the Replying Party under Article 1003.1, but shall be made no later than three years after delivery of the request for consultations. If no request to establish a Panel has been made within three years after delivery of the request for consultations, the Initiating Party and Consulting Participants are deemed to have abandoned the matter that was the subject of the complaint.
With respect to a dispute arising under Article 320 .1(b) or 320 .1(c) (Prohibited Incentives), a request may not be made after two years from the date of delivery by the Initiating Party of a request for consultations to the Replying Party under Article 1003.1 without the consent of the Replying Party.
A request to establish a Panel shall:
1. specify the actual or proposed measure complained of;
2. list the relevant provisions of this Agreement;
3. provide a brief summary of the complaint;
4. explain how the measure has impaired or would impair trade, investment, or labour mobility within Canada; and
5. identify the actual or potential injury or denial of benefit caused by the actual or proposed measure.
If a Complaining Party requests that a Panel be established on behalf of a Person, the Complaining Party shall, at the beginning of the Panel hearing, demonstrate to the satisfaction of the Panel that it has a substantial and direct connection with that Person, within the meaning of paragraphs 6, 7, or 8. If the Complaining Party fails to do so, the Panel shall immediately dismiss the complaint for lack of standing.
If the Complaining Party is a Province, it has a substantial and direct connection with a Person if:
1. the Person resides or carries on business in its territory;
2. the Person has suffered an economic injury or denial of benefit; and
3. the consequences of that economic injury or denial of benefit are being felt in its territory.
With respect to disputes arising out of Chapter Seven (Labour Mobility), a Party also has a substantial and direct connection with a Person if the Person holds an occupational or professional certificate from that Party and the Person has suffered an economic injury or denial of benefit.
If the Complaining Party is the Government of Canada, it has a substantial and direct connection with a Person if the Person has suffered an economic injury or denial of benefit as a result of being treated inconsistently with this Agreement by reason of:
1. its status as a federally-constituted entity; or
2. its carrying on business that is a work, undertaking, business, or service that is under the regulatory authority of the Government of Canada.
A Party that has a substantial interest in the matter in dispute within the meaning of paragraph 11 is entitled to join the Proceeding as an Intervenor on delivery of written notice to the other Parties and to the Secretariat within 15 days after the date of delivery by a Complaining Party to the Secretariat of a request to establish a Panel.
A Consulting Participant, whether or not it has a substantial interest in the matter in dispute within the meaning of paragraph 11, is entitled to be added as a Complaining Party to a Proceeding on delivery of written notice containing the information set out in paragraph 4 to the other Parties and to the Secretariat within 15 days after the date of delivery by a Complaining Party to the Secretariat of a request to establish a Panel. Another Party may only be added as a Complaining Party to a Proceeding if permitted to do so by the Panel.
A Party has a substantial interest in the matter in dispute if:
1. the Party maintains a measure that is analogous to the one at issue; or
2. the Party is a Province and has a significant number of Persons carrying on business in its territory who are or will be affected by the actual or proposed measure at issue.
If the Complaint Recipient is of the view that the dispute concerns the interpretation or application of Annex 309 (Electricity Transmission Service Providers and Trade in Electricity Transmission Services), and the Complaining Party has not specifically listed that Annex as one of the relevant provisions of this Agreement in its request to establish a Panel, the Complaint Recipient shall notify the Complaining Party regarding the relevancy of that Annex to the dispute by delivery of written notice to the other Parties and the Secretariat within 10 days after the date of delivery by the Complaining Party to the Secretariat of the request to establish a Panel.

Article 1005: Establishment of Presiding Body

Subject to Annex 309 (Electricity Transmission Service Providers and Trade in Electricity Transmission Services), and unless inconsistent with, or otherwise required by, provisions in this Chapter, a Presiding Body shall be established in accordance with this Article and shall be composed of three members unless the Disputing Parties agree to a Panel composed of one member.
The Parties shall maintain a roster of individuals qualified under Annex 1005.2 to be panellists. The Parties shall maintain a roster of individuals qualified under Annex 1005.2 to be Appellate panellists.
Within 30 days after the date of delivery by the Complaining Party to the Secretariat of a request to establish a Presiding Body, each Disputing Party shall appoint one panellist from the roster. If the Parties have agreed to a Presiding Body composed of one member, they must agree, within those 30 days, on a panellist from the roster with administrative law experience as identified pursuant to Rule 4 of Annex 1005.2. Notice of the appointment shall be provided to the Secretariat. The Secretariat shall notify the selected panellist and the other Participating Parties of the appointment.
If a Disputing Party fails to appoint a panellist within the 30 days or if the Parties have agreed to a Presiding Body composed of one member and the Parties fail to agree on a panellist within the 30 days, the Secretariat shall select the panellist by lot from the roster.
The appointed panellists shall, within 10 days after the last of them has been appointed, select the chairperson of the Presiding Body from the roster. If they are unable to agree within that period, the Secretariat shall select the chairperson by lot from the roster.
If neither of the panellists appointed or selected pursuant to this Article has administrative law experience as identified pursuant to Rule 4 of Annex 1005.2, the panellists or the Secretariat, as the case may be, shall select one panellist from the roster with administrative law experience to be the chairperson.
If a Disputing Party requests that the chairperson of a Presiding Body be bilingual (French and English), the chairperson selected pursuant to the procedures set out in paragraphs 5 or 6, as the case may be, shall be bilingual.
Unless the Disputing Parties otherwise agree, the panellists or the Secretariat, as the case may be, shall not appoint or select as the chairperson of a Presiding Body a roster member who has been appointed to the roster by a Disputing Party or is resident in a Disputing Party’s Province.
The Presiding Body shall be established on the date of the selection of the chairperson under paragraphs 5 or 6. The Secretariat shall notify the Participating Parties and the Committee of the establishment of the Presiding Body.

Article 1006: Terms of Reference

Unless otherwise specified or agreed by the Disputing Parties, the terms of reference for a Presiding Body shall be to examine whether the actual or proposed measure, or other matter at issue, is or would be inconsistent with this Agreement.

Article 1007: Presiding Body Rules of Procedure

The Panel, Compliance Panel, and Appellate Panel Rules of Procedure in Annex 1007.1 and 1024.1 shall apply to Proceedings under this Part unless modified, if appropriate, by a Presiding Body.
A Presiding Body may seek information and expert advice from any Person or body that it considers appropriate, provided that the Participating Parties agree and subject to the following terms and conditions, and any other terms and conditions agreed by the Participating Parties:
1. If a procedural question arises, the Presiding Body shall first seek advice from the Participating Parties. If the procedural question is not resolved to the satisfaction of the Presiding Body, the Presiding Body may request that the Secretariat obtain independent legal advice on the procedural question; and
2. A request under paragraph (a) shall be in writing to the Secretariat, with copies to the Participating Parties, and shall outline the procedural question on which advice is sought. The Secretariat shall retain appropriate counsel and transmit the advice immediately to the Presiding Body, with copies to the Participating Parties.
All Proceedings before a Presiding Body shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit.
Subject to Article 203.3 (Transparency) and Article 517.2 (Disclosure of Information), and to all applicable privileges, protections, or requirements, provided for by law, the Disputing Parties shall exchange all information in their possession that is relevant to the issues in dispute, and provide copies to the other Participating Parties, so as to ensure that the issues in dispute are fully presented and heard by the Presiding Body. In so doing, the Disputing Parties and Participating Parties shall treat any confidential information received on the same basis as the Disputing Party providing the confidential information treats it.

Article 1008: Report of Panel

The Panel shall issue the Report based on the submissions of the Participating Parties and any other evidence received during the course of the Proceeding.
If the Panel cannot release the Report within the period stipulated in Rule 52 of Annex 1007.1 and 1024.1, it does not lose jurisdiction and shall inform the Participating Parties in writing of the reasons for the delay together with an estimate of the date by which it will issue the Report.
The Report shall contain:
1. findings of fact;
2. a determination, with reasons, as to whether the measure in question is or would be inconsistent with this Agreement;
3. if an affirmative determination has been made under (b), a determination, with reasons, as to whether the measure has impaired or would impair trade, investment, or labour mobility within Canada and has caused or would cause injury or denial of benefit;
4. recommendations, if requested by a Disputing Party, to assist in resolving the dispute;
5. if applicable, and at the discretion of the Panel, a stipulation of the period within which the Complaint Recipient shall comply with this Agreement; and
6. a determination as to apportionment of Operational Costs as provided for in Annex 1040.
The Panel retains jurisdiction for the purpose of assessing a cost order after it issues the Report, and may make a cost order at the request of a Disputing Party or on its own initiative.
Within 10 days after receipt of the Report, a Participating Party may, with notice to the chairperson of the Panel, the Secretariat, and the other Participating Parties, request that the Panel:
1. clarify one or more aspects of the Report, in which case the Panel shall, within 15 days of receipt of the notice, provide the clarification; or
2. correct in the Report any errors in computation or translation, any clerical or typographical errors, or any errors of a similar nature, in which case the Panel may, within 15 days of receipt of the notice, make the corrections it considers appropriate.

Article 1009: Appellate Panel: Jurisdiction and Process

A Disputing Party may appeal the Report to an Appellate Panel on the grounds that the Panel erred in law, failed to observe a principle of natural justice, or acted beyond or refused to exercise its jurisdiction. An Intervenor may not appeal the Report.
If a Disputing Party provides a notice of appeal as provided in Annex 1007.1 and 1024.1, an Appellate Panel shall be established in accordance with Article 1006, except that the members of the Appellate Panel shall be selected from the Appellate Panel Roster established pursuant to Article 1005.2 and Annex 1005.2 and, notwithstanding Article 1005.1 and Article 1005.3, shall be composed of three members.
On receipt by the Secretariat of a notice of appeal, any requirement for a Complaint Recipient to comply with this Agreement within a stipulated time, or to pay Operational Costs, is suspended until such time as the appeal, and any subsequent re-hearing by the Panel that may be required, are concluded.
The Appellate Panel shall issue the Appellate Report, with reasons, which:
1. may confirm, vary, rescind, or substitute the Report in whole or in part, or refer the matter back to the Panel for re -hearing; and
2. shall include an order for of Operational Costs in accordance with Annex 1040, and may include, in the Panel’s discretion, an order for Tariff Costs in accordance with Annex 1040.
If the Appellate Panel cannot release the Appellate Report within the period stipulated in Rule 65 of Annex 1007.1 and 1024.1, it does not lose jurisdiction and shall inform the Participating Parties in writing of the reasons for the delay together with an estimate of the date by which it will issue the Appellate Report.
The Appellate Panel retains jurisdiction for the purpose of assessing a cost order after it issues the Appellate Report, and may make a cost order at the request of a Disputing Party or on its own initiative.
If a matter is not referred back for re-hearing, the Appellate Report is deemed to be the Report for purposes of determining compliance under Articles 1010.9 through 1010.14 or matters under Article 1027, together with those parts of the Report that have not been superseded by the Appellate Report.
If an Appellate Panel refers a matter back to the Panel for re-hearing, the Secretariat, in consultation with the Participating Parties, shall fix a date to reconvene the Panel forthwith.
Within 10 days after receipt of the Appellate Report, a Disputing Party may, with notice to the Secretariat and the other Disputing Parties, request that the Appellate Panel:
1. clarify one or more aspects of the Appellate Report, in which case the Appellate Panel shall, within 15 days of receipt of the notice, provide the clarification; or
2. correct in the Appellate Report any errors in computation or translation, any clerical or typographical errors, or any errors of a similar nature, in which case the Appellate Panel may, within 15 days of receipt of the notice, make the corrections it considers appropriate.

Article 1010: Mutually Satisfactory Resolution, Confirmation of Compliance, and Request for Compliance Panel

The Parties agree that the prompt resolution of disputes is for the benefit of all Parties.
Whenever possible, a dispute shall be resolved by removing, amending, or not implementing the measure that is or would be inconsistent with this Agreement.
If the Disputing Parties resolve the dispute at any stage of a Proceeding, written notice of the resolution shall be delivered to the other Parties and to the Secretariat. On receipt of the notic e by the Secretariat, the Proceeding shall be terminated.
Proceedings may be suspended, either at the request of the Disputing Parties or by order of the Presiding Body, in order to continue or resume consultations or to negotiate a mutually satisfactory resolution.
If a Proceeding has been suspended pursuant to paragraph 4 and if no Disputing Party has made an application to end the suspension within 36 months of the date of suspension, the complaint that initiated the Proceeding is deemed to have been withdrawn and the Proceeding shall be terminated.
If a Panel has determined in a Report that a measure is inconsistent with this Agreement, the Complaint Recipient may notify the Complaining Party that the Complaint Recipient has complied with this Agreement in respect of the matters addressed in the Report. The notice shall be in writing, include a description of the manner of compliance, and be delivered to the Complaining Party, to the other Participating Parties, and to the Secretariat.
A Complaining Party may, within 30 days of delivery to it of the notice given under paragraph 6, object to the notice. The objection shall be in writing, include a description of the reasons for its objection, and be delivered to the Complaint Recipient, to the other Participating Parties, and to the Secretariat.
If no objection has been delivered under paragraph 7, a Complaint Recipient that provides notice under paragraph 6 is deemed to have complied with this Agreement in respect of the matters addressed in the Report.
One year following the issuance of a Report or, if applicable, an alternate implementation period stipulated by the Panel in the Report, a Disputing Party may request that the Secretariat reconvene the Panel as a Compliance Panel to make a determination as to whether the Complaint Recipient has complied with this Agreement in respect of the matters addressed in the Report.
Notwithstanding paragraph 9, a Complaint Recipient may request a Compliance Panel immediately upon the delivery by the Complaining Party to the Complaint Recipient of an objection made under paragraph 7.
The Compliance Panel shall issue a Compliance Report containing:
1. a determination on whether or not the Complaint Recipient has, with regard to the matter in dispute, brought itself into compliance with this Agreement;
2. if the determination is that there has not been compliance, a Monetary Penalty order made in accordance with Article 1011 and, if there is more than one Complaining Party, the amount of the Monetary Penalty payable by the Complaint Recipient to each;
3. at the discretion of the Compliance Panel, an order apportioning Operational Costs, as provided for in Annex 1040; and
4. if an order for a Monetary Penalty has been made, a form of order that:
  1. is enforceable in the same manner as an order against the Crown in the superior courts of the Party against which the order is made; or
  2. the Secretariat will rely on when, in accordance with Rule 19 of Annex 1007.1 and 1024.1, it demands payment by the financial institution that issued a Standby on behalf of the Party against whom the order is made.
The Compliance Panel retains jurisdiction for the purpose of assessing a cost order after it issues the Compliance Report, and may make a cost order at the request of a Disputing Party or on its own initiative.
Within 10 days after receipt of the Compliance Report, a Disputing Party may, with notice to the chairperson of the Compliance Panel, the Secretariat, and the other Disputing Parties, request that the Compliance Panel:
1. clarify one or more aspects of the Compliance Report, in which case the Compliance Panel shall, within 15 days of receipt of the notice, provide the clarification; or
2. correct in the Compliance Report any errors in computation or translation, any clerical or typographical errors, or any errors of a similar nature, in which case the Compliance Panel may, within 15 days of receipt of the notice, make the corrections it considers appropriate.
If the Compliance Panel cannot release the Compliance Report within the period stipulated in Rule 70 of Annex 1007.1 and 1024.1, it does not lose jurisdiction and shall inform the Participating Parties in writing of the reasons for the delay together with an estimate of the date by which it will issue the Compliance Report.

Article 1011: Monetary Penalty

In determining the amount of a Monetary Penalty, the Compliance Panel shall be guided by the primary purpose of a Monetary Penalty which is to encourage compliance with this Agreement. The Compliance Panel shall consider:
1. the seriousness of the inconsistency with the Complaint Recipient’s obligations under this Agreement;
2. the magnitude of the impact of the inconsistency on the market;
3. if the Complaint Recipient has previously been found by a Presiding Body in a Proceeding not to have been compliant with this Agreement, whether the complaint has been resolved or remains outstanding;
4. whether the Complaint Recipient has made efforts, in good faith, to comply with this Agreement in respect of the matters addressed in the Report before the Compliance Panel; and
5. any other factor it considers relevant.
Notwithstanding anything else in this Part, the amount of a Monetary Penalty ordered against a Complaint Recipient shall not exceed the maximum amount set out for a Party in Annex 1011.2 and 1028.2. If there are two or more Complaining Parties in a Proceeding, the Monetary Penalty shall be allocated among them in amounts determined by the Compliance Panel.

Article 1012: Enforcement of Monetary Penalty Order and Tariff Costs Order

If a Compliance Panel has made an order for a Monetary Penalty under Article 1010.11, the Monetary Penalty is immediately due and payable. The Complaint Recipient shall pay the Complaining Party the amount stated in the order to be paid by the Complaint Recipient to the Complaining Party, and shall confirm in writing to the Secretariat when it has done so.
If the Complaint Recipient is a Party that has implemented the enforcement mechanism for Monetary Penalties referred to in Article 1001.4(c)(i), a Complaining Party in whose favour a Monetary Penalty has been ordered:
1. may promptly take such registration, filing, or other action, as is required by the legislation or administrative practice of the Complaint Recipient, to commence the process of enforcing the Monetary Penalty in the same manner as an order against the Crown in the Party’s superior courts; and
2. shall immediately advise the Complaint Recipient that the action has been taken,

but may not take further action to enforce the order until 60 days after the date of the order, except by consent of the Complaint Recipient.

If a Complaint Recipient that has deposited a Standby with the Secretariat has not paid a Monetary Penalty within 60 days of the issuance of the Compliance Report, the Secretariat shall demand payment in accordance with Rule 19 of Annex 1007.1 and 1024.1.
Within 20 days of receiving a notice pursuant to Rule 19 of Annex 1007.1 and 1024.1 that its Standby has been drawn upon, a Complaint Recipient shall replenish the Standby and deposit with the Secretariat written confirmation, signed by the Complaint Recipient’s financial institution and addressed to the Secretariat, that the Standby has been replenished to the amount required under Annex 1011.2 and 1028.2.
Unless a Party that has filed a Standby has confirmed to the Secretariat and the other Parties that it has taken the steps necessary to ensure enforcement of Monetary Penalties pursuant to Article 1001.4(c)(i), the Party shall file with the Secretariat, no later than 60 days prior to the expiry of its Standby, a new Standby to take effect on the expiry of the former Standby.
If an Appellate Panel has made an order for Tariff Costs, the Tariff Costs are immediately due and payable. The Party against which the order was made shall pay the amount stated in the order to the Party in whose favour the order was made, and shall confirm in writing to the Secretariat when it has done so.
If the Party against which an order for Tariff Costs has been made is a Party that has implemented the enforcement mechanism for Tariff Costs referred to in Article 1001.4(a), a Party in whose favour the order was made:
1. may promptly take such registration, filing, or other action, as is required by the legislation or administrative practice of the Party against which the order was made, to commence the process of enforcing the order in the same manner as an order against the Crown in the Party’s superior courts; and
2. shall immediately advise the Party against which the order was made that the action has been taken, but may not take further action to enforce the order until 60 days after the date of the order, except by consent of the Party against which the order was made.

Article 1013: Non-Implementation – Retaliatory Action

If, in the Report, a Panel has determined that an actual measure is inconsistent with this Agreement and the matter has not been resolved within one year after the date on which the Panel issued the Report, or if the Panel has stipulated an alternate implementation period, by the end of such alternate period, the Complaining Party may make a written request for a meeting of the Committee.
The Committee or a subcommittee thereof shall, within 30 days after the date of delivery of the request for a meeting, convene to discuss with the Complaining Party the option of taking retaliatory action in respect of the Complaint Recipient.
Subject to having discussed the matter with the Committee under paragraph 2, the Complaining Party may suspend benefits of equivalent effect or, if this is impracticable, impose retaliatory measures of equivalent effect against the Complaint Recipient until such time as a mutually satisfactory resolution of the dispute is achieved.
In considering what benefits to suspend or retaliatory measures to impose, the Complaining Party shall:
1. suspend benefits or impose retaliatory measures in the same sector as the measure found to be inconsistent with this Agreement; and
2. only if the suspension or imposition would be impracticable or ineffective, suspend benefits or impose retaliatory measures in other sectors covered by this Agreement.
On the written request of either Disputing Party delivered to the other Parties and the Secretariat, with a copy to the Committee, the Committee shall convene a panel, composed of the original panellists, if possible, within 30 days after the date of delivery of the request to the Secretariat, to determine whether the suspension of benefits or the imposition of retaliatory measures by a Complaining Party under paragraph 3 is manifestly excessive.
Any suspension of benefits or imposition of retaliatory measures under paragraph 3 is temporary and shall only be applied until the Complaint Recipient has amended or removed the inconsistent measure or has otherwise taken action to resolve the dispute.
On the written request of either Disputing Party delivered to the other Parties and to the Secretariat, with a copy to the Committee, the Committee shall convene a panel, composed of the original panellists, if possible, within 30 days after the date of delivery of the request to the Secretariat, to determine whether any action taken by the Complaint Recipient to resolve the dispute is sufficient or satisfactory.
If the panel determines that the action taken by the Complaint Recipient to resolve the dispute is sufficient or satisfactory, the Complaining Party shall terminate the suspension of benefits or remove the retaliatory measures.
Paragraphs 1 through 8 apply to an Intervenor that has participated in the Panel Proceeding and has been found by the original Panel to be adversely affected by the inconsistent measure.
For greater certainty and in view of Article 1200 (Reaffirmation of Constitutional Powers and Responsibilities):
1. this Article does not allow a Party to take retaliatory action that is inconsistent with the Constitution of Canada; and
2. no Party shall be prevented from challenging in a court of competent jurisdiction any retaliatory action on the ground that the action is inconsistent with the Constitution of Canada.
If a Compliance Panel has been established under Article 1010.9 in respect of the Report referred to in paragraph 1, no separate panel shall be established under paragraphs 5 or 7.
If a Compliance Panel has been established under Article 1010.9, it shall have the jurisdiction of a panel established under paragraph 5 or 7.

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