Chapter Twelve – Final Provisions

Article 1200: Reaffirmation of Constitutional Powers and Responsibilities

Nothing in this Agreement alters the legislative or other authority of Parliament or of the provincial legislatures or of the Government of Canada or of the provincial governments or the rights of any of them with respect to the exercise of their legislative or other authorities under the Constitution of Canada.

Article 1201: Language

This Agreement has been made and executed in English and French and both versions are equally authoritative.

Article 1202: Relationship to International Agreements

1. Nothing in this Agreement is intended to provide nor shall be construed to provide, directly or indirectly, to any person, Party, or non-Party, any right, claim, or remedy under any international agreement.
2. The Parties recognize that an essential ingredient for achieving Canada’s trade and economic goals in the international arena is the cooperation between the Government of Canada and the Provinces.
3. Mechanisms set up in connection with international trade negotiations and agreements that allow for meaningful consultations with, and participation by, the Provinces will continue to be used by the Parties.
4. The Parties shall take appropriate steps to assess international obligations to ensure that the relationship between any international obligations and this Agreement is taken into account when new international obligations are negotiated or when international trade disputes arise.

Article 1203: Trade, Investment, and Labour Mobility Enhancing Arrangements

1. The Parties recognize that it is appropriate to enter into bilateral or multilateral arrangements in order to enhance trade, investment, or labour mobility.
2. This Agreement shall not prevent the maintenance or formation of a trade, investment, or labour mobility enhancing arrangement provided that:
   1. the arrangement liberalizes trade, investment, or labour mobility beyond the level achieved by this Agreement;
   2. there is full disclosure of the details of the arrangement to all other Parties at least 60 days prior to its implementation; and
   3. the signatories to the arrangement are prepared to extend the arrangement within a reasonable time to all other Parties willing to accept the terms of the arrangement.
3. Parties may enter into a regulatory reconciliation or regulatory cooperation trade enhancing arrangement separate from those processes set out in Parts B and C of Chapter Four (Regulatory Notification, Reconciliation, and Cooperation) regarding any measure that is outside of the scope of this Agreement.

Article 1204: Future Negotiations

1. The Parties have agreed to fulfil their commitments to negotiate particular matters as provided for in this Agreement.
2. The Committee may review the scope and coverage of this Agreement and make recommendations to the Parties to cover measures that are outside of the scope of this Agreement.
3. Before the conclusion of any negotiations referred to in paragraph 1, or any negotiations among the Parties pursuant to recommendations made under paragraph 2, respecting a particular matter, a Party shall not adopt a new measure or amend an existing measure relating to that matter in a manner that is not in accordance with the principles set out in Article 102 (Mutually Agreed Principles).

Article 1205: Financial Services

1. Except for Chapter Seven (Labour Mobility), and subject to paragraphs 4 through 6, this Agreement does not apply to any measure adopted or maintained relating to financial services.
2. In the exploratory discussions and negotiations described in paragraphs 3 through 5, a Party may include representation from its ministry responsible for financial services. These discussions shall also be informed by evidence and input from relevant stakeholders and regulators.
3. Within six months of the effective date, Parties shall commence exploratory discussions to assess the incorporation of rules applicable to financial services into this Agreement.
4. Following and informed by the exploratory discussions referred to in paragraph 3, the Parties shall:
   1. proceed with negotiations to incorporate rules applicable to financial services into this Agreement. These negotiations shall conclude within two years of the commencement of the exploratory discussions referred to in paragraph 3; and
   2. report to the Committee, at least every six months, on the exploratory discussions and negotiations.
5. The negotiations referred to in paragraph 4 shall be informed by relevant international obligations tailored to financial services.
6. Upon the conclusion of the negotiations referred to in paragraph 4, a Party may amend its exceptions set out in its Schedules in Part VII (Party Schedules) or its Schedule to Annex 519.1 (Party-Specific Exceptions) by listing exceptions to any new obligations relevant to financial services. Any such amendment made to a Party’s exceptions shall become part of that Party’s Schedules in Part VII or Schedule to Annex 519.1.

Article 1206: Existing Contracts

Nothing in this Agreement shall be construed to require a Party to:

1. alter a contract entered into with a person before the date of execution of this Agreement, if that contract was authorized by a measure that is inconsistent with this Agreement; or
2. alter such a contract that has been renewed on or after the date of execution of this Agreement, if it has been renewed pursuant to an option to renew.

Article 1207: Rules of Interpretation

1. This Agreement shall be interpreted in accordance with the ordinary meaning to be given to the terms of this Agreement in their context and in the light of the principles and objectives set out in the Preamble, Article 100 (Objective), and Article 102 (Mutually Agreed Principles).
2. In interpreting the provisions of this Agreement, a Presiding Body may take into account any relevant interpretations and findings contained in reports of:
   1. other Presiding Bodies established under this Agreement;
   2. WTO Panels and the WTO Appellate Body adopted by the WTO Dispute Settlement Body as well as decisions by other international tribunals; and
   3. Presiding Bodies established under the Agreement on Internal Trade.
3. This Agreement shall be interpreted in accordance with the reaffirmation set out in Article 1200.
4. If there is an inconsistency between a provision in Part II (General Rules) and a provision in Part III (Specific Rules), the provision in Part III prevails to the extent of the inconsistency.
5. If there is an inconsistency between two or more provisions in Part III (Specific Rules), the provision that more directly governs the subject matter at issue prevails to the extent of the inconsistency. In making such a determination, in addition to considering the provisions at issue, reference may also be made to other relevant provisions, including the Preamble, Article 100 (Objective), and Article 102 (Mutually Agreed Principles).
6. A Party or Person asserting that a measure or proposed measure is inconsistent with the provisions of this Agreement has the burden of establishing that inconsistency. For the purposes of this paragraph, “Person” means a “Person” as defined in Article 1041 (Definitions).
7. A Party asserting that a measure or proposed measure is subject to an exception under this Agreement has the burden of establishing that the exception applies.
8. Reference to an article includes any annex referred to in that article.
9. Use of a term in the singular includes the plural and, as the context requires, vice versa.
10. The use of the word “including” means “including, but not limited to”, and the use of the word “includes” means “includes, but is not limited to”, unless it is otherwise clear from the context.
11. Time limits imposed by this Agreement shall be calculated as follows:

Time limits and holidays

1. 1. If the time limited for the doing of a thing expires or falls on a holiday, the thing may be done on the day next following that is not a holiday.

Number of days between two events

1. 2. If there is a reference to “at least” a number of days between two events or a minimum number of days between two events, in calculating that number of days, the days on which the events happen are excluded.
   3. If there is a reference to a number of days between two events, in calculating that number of days, the day on which the first event happens is excluded and the day on which the second event happens is included.

Beginning and ending of prescribed periods

1. 4. If a time is expressed to begin or end at, on, or with a specified day, or to continue to or until a specified day, the time includes that day.

After specified day

1. 5. If a time is expressed to begin after or to be from a specified day, the time does not include that day.

Within a time

1. 6. If anything is to be done within a time after, from, of, or before a specified day, the time does not include that day.

12. Nothing in this Agreement shall be construed to require a Party to conduct itself or its administration in a particular official language of a Party.

Article 1208: Issuance of Interpretative Notes

The Parties may, at any time, issue an interpretive note declaring their interpretation of this Agreement. Any such interpretive note conclusively reflects the Parties’ intentions regarding the provision that is the subject matter of the interpretive note and is binding on the Parties and on every Presiding Body as of the date on which it is issued.

Article 1209: Entry into Force

1. Subject to paragraph 2, this Agreement shall enter into force on July 1, 2017 (“effective date”). By such date, the Parties shall have taken all measures necessary to give effect to this Agreement.
2. Chapter Five (Government Procurement) applies only to procurements commenced on or after the effective date. The procurement process commences after an entity has decided on its requirement.

Article 1210: Termination of the Agreement on Internal Trade

1. Subject to paragraphs 2 and 3, the parties to the Agreement on Internal Trade agreed that the Agreement on Internal Trade is terminated as of the effective date and is thereafter replaced by this Agreement.
2. Chapter Five (Procurement) of the Agreement on Internal Trade and the applicable provisions of Chapter Seventeen (Dispute Resolution Procedures) of the Agreement on Internal Trade will continue to apply after the effective date to any procurement commenced before the effective date. The procurement process commences after an entity has decided on its requirement.
3. A Pre-existing Dispute shall be resolved and conducted in accordance with the provisions of the Agreement on Internal Trade as provided in Article 1014 (Pre-existing Disputes).

Article 1211: Transitional Provisions

1. Subject to paragraph 3, during the period commencing on the date of execution of this Agreement and ending on the effective date, a Party shall not adopt any measure that would be inconsistent with this Agreement or amend or renew any measure in a manner that would decrease its consistency with this Agreement.
2. With the exception of measures falling within the scope of Chapter Five (Government Procurement) or Chapter Seven (Labour Mobility), measures adopted or maintained by a Party’s regional, local, district, or other forms of municipal government shall not be subject to Chapter Ten (Dispute Resolution) for a period of two years following the effective date.
3. With the exception of measures falling within the scope of Chapter Five (Government Procurement) or Chapter Seven (Labour Mobility), paragraph 1 shall continue to apply to measures of a Party’s regional, local, district, or other forms of municipal government for a period of two years following the effective date.
4. For greater certainty, as of the effective date, Chapter Five (Government Procurement) and Chapter Seven (Labour Mobility) apply to measures of a Party’s regional, local, district, or other forms of municipal government falling within the scope of those chapters, and any measures falling within the scope of those chapters shall also be subject to Chapter Ten (Dispute Resolution).
5. Part A of Chapter Four (Regulatory Notification, Reconciliation, and Cooperation) does not apply to Yukon until one year following the effective date.

Article 1212: Amendments

The Parties may agree in writing to amend this Agreement and any such amendment will enter into force on the date agreed to by the Parties.

Article 1213: Modifications to Party-Specific Exceptions

Specific Definitions

1. For the purposes of this Article:
   • modifying Party means a Party proposing to remove in its entirety, or amend, one of its Party-Specific Exceptions;
   • objecting Party means a Party objecting to the amendment of a Party-Specific Exception; and
   • Party-Specific Exception means an exception in:
     1. a Party’s Schedule in Part VII (Party Schedules); or
     2. a Party’s Schedule to Annex 519.1 (Party-Specific Exceptions).

Removal of Party-Specific Exceptions

2. Notwithstanding Article 1212, a modifying Party may remove in its entirety a Party-Specific Exception by providing written notice to the Parties and the Secretariat of the proposed removal.
   • The removal of the Party-Specific Exception becomes effective on the date specified by the modifying Party in the written notice or, if not specified, when such notice has been received by the Secretariat.
3. Within five days after the removal becomes effective, the Secretariat shall adjust the Party-Specific Exception in the version of this Agreement that is published on this Agreement’s website and circulate the adjustment to the Parties.

Amendment of Party-Specific Exceptions

4. Notwithstanding Article 1212, a modifying Party may propose amendments to a Party-Specific Exception by providing written notice to the Secretariat.
5. A modifying Party shall not use this Article to amend a Party-Specific Exception in Part VII to decrease a modifying Party’s conformity, as it existed immediately before the amendment, with Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment), Article 313 (Performance Requirement), or any other obligation as identified by the modifying Party in Part VII.
6. The notification given pursuant to paragraph 4 shall include in French and English:
   1. a technical draft of the proposed amendment;
   2. an explanation of the likely consequences of the proposed amendments to this Agreement; and
   3. subject to paragraph 17, the date on which the proposed amendment becomes effective.
7. The Secretariat shall circulate the written notice to the Parties within five days of its receipt.

Objection to the Amendment

8. With respect to a Party-Specific Exception in Part VII, if an objecting Party considers that a proposed amendment is inconsistent with paragraph 5, it may notify the Secretariat of its objection to the proposed amendment.
9. If an objecting Party considers that a proposed amendment diminishes coverage of the modifying Party provided for in the modifying Party’s Schedule to Annex 519.1, it may notify the Secretariat of its objection to the proposed amendment.
10. An objection pursuant to paragraph 8 or 9 shall be made by the objecting Party in writing and set out the reasons why the proposed amendment is inconsistent with paragraph 5 or diminishes the coverage referred to in paragraph 9. The objection shall be made within 45 days of receiving notice from the Secretariat pursuant to paragraph 7.
11. An objecting Party may withdraw its objection at any time by notifying the Secretariat in writing.
12. The Secretariat shall circulate the objection or withdrawal of objection to the Parties within five days of its receipt.

Consultations

13. With respect to a Party-Specific Exception in Part VII, the modifying Party and an objecting Party shall make every attempt to resolve the objection through consultations within 30 days of the objection being circulated to the Parties by the Secretariat.
14. With respect to a Party-Specific Exception in Annex 519.1, the modifying Party and an objecting Party shall make every attempt to resolve the objection through consultations within 30 days of the objection being circulated to the Parties by the Secretariat with the view to maintaining a balance of rights and obligations and a comparable level of mutually agreed coverage provided for in Chapter 5 (Government Procurement) of this Agreement.

Revised Amendment

15. The modifying Party shall notify the Secretariat of all revisions to the proposed amendment that result from the consultations.
16. The Secretariat shall circulate the revised proposed amendment to the Parties. Paragraphs 4 through 14 apply to the revised proposed amendment, with such changes as the context requires.

Effective Date of Amendment

17. A proposed amendment or revised proposed amendment becomes effective only if:
    1. no Party submits an objection to the Secretariat pursuant to paragraphs 8 through 10; or
    2. all objecting Parties have notified the Secretariat that they withdraw their objections.
18. Within five days after the amendment becomes effective, the Secretariat shall adjust the amended Party-Specific Exception in the annex of the version of the Agreement published on this Agreement’s website and circulate the adjustment to the Parties.

Schedule of Procurement Exceptions – New Brunswick

19. Nothing in this Article shall supersede, supplant, amend, alter, repeal, or revoke, in any way, Condition 3 of the Schedule of New Brunswick to Annex 519.1.

Article 1214: Accession and Withdrawal

1. Any province or territory that is not a Party may accede to this Agreement on such terms as are agreed by the Parties.
2. A Party may withdraw from this Agreement 12 months after it gives notice in writing to the other Parties and the Secretariat.