Schedule of Canada

1. CANADA

Sector: All Sectors
Sub-Sector: All Sub-Sectors
Industry Classification:
Type of Exception: Article 201 (Non-Discrimination)

Description:

Canada’s measures for the provision of infrastructure are not subject to Article 201 (Non-Discrimination). For greater certainty, this exception is of no effect with respect to Chapter 5 (Government Procurement), Article 320 (Prohibited Incentives) and Article 321 (Avoidance of Certain Incentives), or any other obligation of this Agreement.

Any Existing Measures:

2. CANADA

Sector: Fisheries
Sub-Sector: Fishing; services incidental to fishing
Industry Classification: CPC 04, 882
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Canada reserves the right to adopt or maintain any 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.

Any Existing Measures: (Provided for Illustrative Purposes Only)

• Coastal Fisheries Protection Act, RSC 1985, c C-33
• Fisheries Act, RSC 1985, c F-14
• Coastal Fisheries Protection Regulations, CRC, c 413
• Commercial Fisheries Licensing Policy for Eastern Canada – 1996
• Policy on Foreign Investment in the Canadian Fisheries Sector, 1985
• Freshwater Fish Marketing Act, RSC 1985, c F-13
• Quebec Fishery Regulations, 1990, SOR/90-214

3. CANADA

Sector: Energy
Sub-Sector: Pipeline; power line
Industry Classification: CPC 713, 5134, 5135, 17, 887
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Canada reserves the right to adopt or maintain any measure with respect to the issuance of authorizations for transportation and transmission on pipelines and power lines.

Any Existing Measures: (Provided for Illustrative Purposes Only)

• Canadian Energy Regulator Act (S.C. 2019, c. 28, s. 10)
• National Energy Board Act, RSC 1985, c N-7 [Repealed, 2019, c. 28, s. 44]

4. CANADA

Sector: Transportation
Sub-Sector: Marine transportation
Industry Classification: Construction work for waterways, harbours, dams, and other water works, transportation services by sea-going/non sea-going vessels, supporting and other services for water transport, and any other marine activity of a commercial nature undertaken by, from, or for a vessel. CPC 721, 722, 745, 5133, 5223, any other commercial marine activity undertaken from a vessel
Type of Exception: Article 201 (Non-Discrimination), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Canada reserves the right to adopt or maintain any measure affecting the investment in or provision of maritime services in waters under Canadian jurisdiction, the efficiency and competitiveness of commercial marine activities, the harmonization of requirements in boundary waters, or the management of government assets and properties.

Any Existing Measures: (Provided for Illustrative Purposes Only)

• Coasting Trade Act, SC 1992, c 31

5. CANADA

Sector: Transportation
Sub-Sector: Passenger rail transportation; freight rail transportation
Industry Classification: CPC 7111, 7112
Type of Exception: Article 201 (Non-Discrimination), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Canada reserves the right to adopt or maintain measures that could result in different passenger rail transportation service levels between regions of Canada based on such factors as passenger demand and the need to provide service to remote communities.

In order to ensure the integrated and competitive operation of the national freight rail transportation system, Canada may adopt or maintain measures relating to freight rail transportation services.

Any Existing Measures: (Provided for Illustrative Purposes Only)

• Financial Administration Act, RSC 1985, c F-11 and as set out in the description
• Canada Transportation Act, SC 1996, c 10
• Railway Interswitching Regulations, SOR/88-41

6. CANADA

Sector: Transportation
Sub-Sector: All transportation sub-sectors, other than the following sub-sectors: maritime container station and depot services; maritime agency services; maritime freight forwarding services; aircraft repair and maintenance services; computer reservation systems; passenger and freight transportation by railway; maintenance and repair of rail transport equipment; repair services n.e.c. of motor vehicles, trailers and semi-trailers, on a fee or contract basis; maintenance and repair services of motor vehicles; maintenance and repair services of motorcycles and snowmobiles; cargo handling services for land transport; storage and warehousing services for land transport; freight transport agency services for land transport; other supporting and auxiliary transport services for land transport
Industry Classification: All of CPC 7, CPC 51, CPC 61, CPC 886 and any other commercial activity undertaken from, or with respect to a vessel, aircraft, motor vehicle or rail transport equipment, other than: CPC 6112, CPC 6122, CPC 7111, CPC 7112, CPC 741 (limited to land transport services); CPC 742 (limited to land transport services); CPC 7480 (limited to land transport services); CPC 7490 (limited to land transport services); CPC 8867; CPC 8868 (limited to rail transport equipment)
Type of Exception: Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Canada reserves the right to adopt or maintain any measure related to the designation, establishment, expansion, or operation of monopolies or exclusive services suppliers in the transportation sector.

Any Existing Measures:

7. CANADA

Sector: Transportation
Sub-Sector: Aviation; air transport; all related services in support of aviation and air transport
Industry Classification:
Type of Exception: All obligations, except as modified by the description

Description:

Measures relating to aviation or air transport, or related services in support of aviation or air transport, are not subject to this Agreement. Notwithstanding the foregoing, Canada’s measures relating to aviation or air transport, or related services in support of aviation or air transport, are subject to Article 203 (Transparency) and Article 402 (Regulatory Notification).

Notwithstanding the foregoing, Chapter Five (Government Procurement) is applicable to measures regarding the procurement of aviation goods and services by a procuring entity.

Any Existing Measures:

8. CANADA

Sector: All Sectors
Sub-Sector: All Sub-Sectors
Industry Classification:
Type of Exception: Article 201 (Non-Discrimination)

Description:

Canada reserves the right to adopt or maintain any measure that is part of a general framework of regional economic development, provided that:

1. the measure does not operate to impair unduly the access of persons, goods, services, or investments of another Party; and
2. the measure is not more trade restrictive than necessary to achieve its specific objective.

For the purposes of this exception, “general framework of regional economic development” means a program or statute-based system that:

1. specifies eligibility criteria or development priorities based on, but not limited to, such factors as geographic area, sector or population group;
2. is generally available to recipients that meet the eligibility criteria; and
3. identifies reasonable performance or economic development objectives or targets that can be measured.

Any Existing Measures:

9. CANADA

Sector: Immigration
Sub-Sector: Temporary foreign workers
Industry Classification:
Type of Exception: Article 201 (Non-Discrimination), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Canada reserves the right to adopt or maintain any measure relating to the Temporary Foreign Worker Program and International Mobility Program, or successor programs, or other measures that regulate foreign nationals’ ability to work in Canada on a temporary basis.

Any Existing Measures: