Schedule of Newfoundland and Labrador

1. NEWFOUNDLAND AND LABRADOR

Sector: Energy
Sub-Sector: Crude petroleum and natural gas; services incidental to energy distribution
Industry Classification: CPC 120, 7112, 71232, 7131, 7422, 8675, 883, 887
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment), Article 313 (Performance Requirements)

Description:

The Government of Newfoundland and Labrador reserves the right to adopt or maintain any measure, including measures adopted jointly with Canada, relating to any aspect of, and issue various authorizations relating to, the exploration, production, extraction, development, and transportation of hydrocarbons, and the granting of exclusive rights to operate hydrocarbon distribution systems and storage facilities, including related hydrocarbon pipelines, marine distribution, transshipment facilities, and transport services. Without limiting the generality of the foregoing, such measures may involve discretionary decisions based on various factors, restrictions or limitations on the movement of goods across Provincial boundaries, limitations on market access, imposition of performance requirements, and/or discrimination in favour of residents of Newfoundland and Labrador and/or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.

Any Existing Measures: (Provided For Illustrative Purposes Only)

• Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, RSNL 1990, c C-2
• Canada-Newfoundland Atlantic Accord – February 11, 1985
• Energy Corporation Act, SNL 2007, c E-11.01
• Petroleum and Natural Gas Act, RSNL 1990, c P-10

2. NEWFOUNDLAND AND LABRADOR

Sector: Energy
Sub-Sector: Electrical energy; and services incidental to energy distribution
Industry Classification: CPC 171, 887
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

The Government of Newfoundland and Labrador reserves the right to adopt or maintain any measure relating to the above subsectors that:

1. limits the number of covered investments or service providers, whether in the form of numerical quotas, monopolies, exclusive service providers, or the requirement of an economic needs test;
2. restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity; or
3. imposes restrictions or limitations on the movement of goods across Provincial Boundaries.

For greater certainty, this exception is without prejudice to the right of the Government of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing government entity.

For greater certainty, this exception is not intended to extend to any obligation that the Government of Newfoundland and Labrador may have under Article 309 or Section 2 of Annex 309. In the event of any inconsistency between this exception and Article 309 or Section 2 of Annex 309, the applicable provisions of Article 309 or Section 2 of Annex 309, as the case may be, shall prevail to the extent of the inconsistency.

Any Existing Measures: (Provided For Illustrative Purposes Only)

• Electrical Power Control Act, 1994, SNL 1994, c E-5.1
• Energy Corporation Act, SNL 2007, c E-11.01
• Energy Corporation of Newfoundland and Labrador Water Rights Act, SNL 2008, c E-11.02
• Hydro Corporation Act, 2007, SNL 2007, c H-17
• Lower Churchill Development Act, RSNL 1990, c L-27
• Lands Act, SNL 1991, c 36
• Muskrat Falls Project Land Use and Expropriation Act, SNL 2012, c M-25
• Public Utilities Act, RSNL 1990, c P-47
• The Churchill Falls (Labrador) Corporation Limited (Lease) Act, 1961, SNL 1961 c 51
• Water Resources Act, SNL 2002, c W-4.01

3. NEWFOUNDLAND AND LABRADOR

Sector: Forestry
Sub-Sector: Forestry and logging products; forest resource processing; services incidental to agriculture, hunting and forestry; and manufacture of paper and paper products, on a fee or contract basis
Industry Classification: CPC 031, 321, 88430, 88441, 881 (excluding rental of agricultural equipment with operator and 8814)
Type of Exception: Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

The Government of Newfoundland and Labrador reserves the right to adopt or maintain any measure relating to the above subsectors that:

1. limits the number of covered investments or service providers, whether in the form of numerical quotas, monopolies, exclusive service providers, or the requirement of an economic needs test;

For greater certainty, this exception is without prejudice to the right of the Government of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing government entity.

Any Existing Measures:

4. NEWFOUNDLAND AND LABRADOR

Sector: Fishing and Hunting
Sub-Sector: Edible products of animal origin; raw skins of other animals; fish and other fishing products; other meat and edible offal, fresh, chilled or frozen; animal oils and fats, crude and refined; tanned or dressed fur skins; prepared and preserved fish; sales on a fee or contract basis of food products, beverages and tobacco; wholesale trade services of fishery products
Industry Classification:
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

The Government of Newfoundland and Labrador reserves the right to adopt or maintain any measure relating to the above subsectors that:

1. limits the number of covered investments or service providers, whether in the form of numerical quotas, monopolies, exclusive service providers, or the requirement of an economic needs test; or
2. imposes restrictions or limitations on the movement of goods across Provincial boundaries.

For greater certainty, this exception is without prejudice to the right of the Government of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing government entity.

Any Existing Measures:

5. NEWFOUNDLAND AND LABRADOR

Sector: Food, Beverage and Drug Industries
Sub-Sector: Liquor, wine and beer stores
Industry Classification: CPC 241, 242, 243, 62112, 62226, 63107
Type of Exception: Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

The Importation of Intoxicating Liquors Act (Canada) gives each provincial government an import monopoly on any intoxicating liquors entering its territory. The Liquor Corporation Act establishes the Newfoundland and Labrador Liquor Corporation (the “NLC”) and bestows on the NLC an import and sales monopoly on intoxicating liquors entering Newfoundland and Labrador.

Any Existing Measures: (Provided For Illustrative Purposes Only)

• Liquor Corporation Act, RSNL 1990, c L-19

6. NEWFOUNDLAND AND LABRADOR

Sector: Cannabis
Sub-Sector: Cannabis; Wholesale trade services, including on a fee or contract basis; Retailing services, including on a fee or contract basis; All other cannabis-related services not covered by B, C, D, and E
Industry Classification: A, D, E, F
Type of Exception: Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

The Federal Cannabis Act grants to the Provincial Government the ability to regulate the distribution and sale of cannabis and cannabis products within the Province. The Cannabis Control Act establishes the statutory framework for the distribution and sale of cannabis and cannabis products within the Province. The Liquor Corporation Act gives the Newfoundland and Labrador Liquor Corporation the authority to buy, import and sell cannabis; control the possession, sale and delivery of cannabis; establish, maintain and operate cannabis stores; and issue licences for the possession, sale and delivery of cannabis.

Any Existing Measures: (Provided For Illustrative Purposes Only)

• Cannabis Control Act, SNL 2018, c C-4.1
• Liquor Corporation Act, RSNL 1990, c. L-19