Chapter Thirteen – Definitions

For the purposes of this Agreement, except as otherwise provided:

Agreement means the Canadian Free Trade Agreement, as amended;

Agreement on Internal Trade means the Agreement on Internal Trade, signed in 1994, as amended;

agricultural good means:

1. 1. an animal or plant or an animal or plant product; or
   2. a product, including any food or drink, wholly or partly derived from an animal or a plant,

but does not include fish or fish products or alcoholic beverages;

appropriate level of sanitary or phytosanitary protection means the level of protection deemed appropriate by the Party establishing a sanitary or phytosanitary measure to protect human, animal, or plant life or health within its territory;

cannabis means “cannabis” as defined in the Cannabis Act (Canada), as amended. For the purposes of this Agreement, “cannabis” does not include:

1. a cannabis accessory that does not contain cannabis;
2. “industrial hemp” and “derivatives” as defined in the Industrial Hemp Regulations (Canada), as amended;
3. cannabis sold for medical purposes under the authorities of sections 26 and 27 of Part 2 or Part 14 of the Cannabis Regulations (Canada), as amended;
4. drugs containing cannabis, as described in the Cannabis Regulations (Canada), as amended;
5. “combination products”, as defined in the Cannabis Regulations (Canada), as amended; and
6. cannabis that is not exempted from the application of the Food and Drugs Act (Canada) by virtue of the Cannabis Exemption (Food and Drugs Act) Regulations (Canada), as amended;

cannabis accessory means “cannabis accessory” as defined in the Cannabis Act (Canada), as amended, but does not include a cannabis accessory that contains cannabis;

cannabis plant means “cannabis plant” as defined in the Cannabis Act (Canada), as amended;

certified means, for the purposes of Chapter Seven (Labour Mobility), that a worker holds a certificate, licence, registration, or other form of official recognition issued by a regulatory authority of a Party, that attests to the worker being qualified and, if applicable, authorized to practice a particular occupation or to use a particular occupational title in the territory of that Party. For greater certainty, “certified” does not include only having work experience in a given occupation gained within a Party where certification is not required in order to practice that occupation;

CETA means the Canada-European Union Comprehensive Economic and Trade Agreement, signed October 30, 2016, as amended;

commercial activities means activities undertaken by an enterprise with an orientation toward profit-making and that result in the production or purchase of a good or the supply or purchase of a service that will be sold to a person in the relevant market in quantities and at prices determined by the enterprise. For greater certainty:

1. activities undertaken by an enterprise that operates on a not-for-profit basis or on a cost-recovery basis are not activities undertaken with an orientation toward profit-making; and
2. measures of general application to the relevant market shall not be construed as the determination by a Party of pricing, production, or supply decisions of an enterprise;

Committee means the Committee on Internal Trade continued under Article 1100 (Committee on Internal Trade);

conformity assessment procedure means any procedure used, directly or indirectly, to determine that relevant requirements in technical regulations or standards are fulfilled. Conformity assessment procedures include, inter alia, procedures for sampling, testing, and inspection; evaluation, verification, and assurance of conformity; registration, accreditation, and approval, as well as their combinations;

consumer means a natural person who is offered, acquires, or uses a good or service primarily for personal, family, or household purposes;

consumer-related measures and standards means measures and standards that are intended to protect the personal safety of consumers or the economic interests of consumers and are related to the offer, acquisition, or use of a good or service intended primarily for personal, family, or household purposes;

consumer protection means the protection of the personal safety of consumers or the economic interests of consumers and includes the enforcement of consumer-related measures and standards;

cost-of-service fee means a fee incident to the purchase, storage, delivery to sales points, handling, and sale of alcoholic beverages;

CPC means the provisional Central Product Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC prov, 1991;

cultural industries means persons engaged in any of the following activities:

1. 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;
2. the production, distribution, sale, or exhibition of film or video recordings;
3. the production, distribution, sale, or exhibition of audio or video music recordings;
4. the publication, distribution, or sale of music in print or machine-readable form; or
5. radio communications 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;

date of execution of this Agreement means the date by which all Parties have signed this Agreement, being April 6, 2017;

days means calendar days including holidays;

de facto national standard means a standard recognized by all Parties;

economic interests of consumers includes:

1. quality of goods, services, and suppliers;
2. accurate and timely information about goods, services, and suppliers, including cost of credit;
3. contractual fairness;
4. access to redress mechanisms;
5. security of consumer deposits;
6. prevention of unfair trade practices; and
7. protection of privacy;

effective date means the “effective date” as defined in Article 1209 (Entry into Force);

enterprise means an entity constituted, established, or organized under applicable laws, whether for profit or not-for-profit and whether privately-owned or governmentally-owned;

enterprise means, for the purposes of Part E of Chapter Three (Special Provisions), an entity constituted, established, or organized under the applicable laws of a Party, whether privately-owned or governmentally-owned, including any corporation, trust, partnership, cooperative, sole proprietorship, joint venture, or other form of association, for the purpose of economic gain;

enterprise of a Party means an enterprise constituted, established, or organized under the laws of a Party;

environment means the components of the Earth and includes:

1. land, water, and air, which includes all layers of the atmosphere;
2. organic and inorganic matter and living organisms; and
3. the interacting natural systems that include components referred to in paragraphs (a) and (b);

environmental measure means a measure, which has as its primary purpose the protection of the environment or the prevention of danger to human, animal, or plant life or health;

existing measure means a measure adopted before the effective date;

financial institution means a person that is subject to, or governed by, a measure adopted or maintained by a Party, or by a public body that exercises any regulatory or supervisory authority delegated to it, in respect of and by reason of the production or provision of a financial service;

financial service means any service or product of a financial nature, and a service incidental or auxiliary to a service of a financial nature, and includes:

1. deposit-taking;
2. loan and investment services;
3. insurance;
4. estate, trust, and agency services;
5. securities; and
6. all forms of financial or market intermediation including the distribution of financial products;

food good means an article manufactured, sold, or represented for use as food or drink for humans, chewing gum, and any ingredient that may be mixed with food for any purpose whatever, but does not include fish or fish products, alcoholic beverages, or cannabis;

gambling and betting includes:

1. lottery schemes authorized in accordance with the Criminal Code (Canada), as amended;
2. goods and services for lottery schemes authorized in accordance with the Criminal Code (Canada), as amended;
3. promotional contests;
4. amusement devices; and
5. pari-mutuel wagering on any race or fight, or on a single sport event or athletic contest;

good of a Party means a good that is produced, manufactured, grown, or obtained in, used for a commercial purpose in, or distributed from, regardless of its place of origin, the territory of a Party;

government enterprise means an enterprise owned or controlled by a Party;

holiday means Saturday, Sunday, and any other day declared to be a public holiday by a Party;

in accordance with commercial considerations means price, quality, availability, marketability, transportation, and other terms and conditions of purchase or sale, or other factors that would normally be taken into account in the commercial decisions of a privately-held enterprise in the relevant market;

incentive means:

1. a contribution with a financial value, including cash grants, loans, debt guarantees, or equity injections, made on preferential terms, which confers a benefit on the recipient of that contribution;
2. a reduction in taxes or government levies otherwise payable aimed at a specific enterprise, whether organized as one enterprise or as a group of enterprises, but does not include such a reduction when it results from the general application of a tax law of a Party; or
3. any form of income or price support that results directly or indirectly in a draw on the public purse;

investment means:

1. the establishment, acquisition, or expansion of an enterprise;
2. the acquisition of assets; or
3. every kind of asset that an investor owns, or controls, directly or indirectly, and may include financial assets such as money, shares, bonds, debentures, partnership rights, receivables, inventories, capital assets, options, and goodwill;

investor of a Party means:

1. a Party;
2. a Canadian citizen or permanent resident of Canada; or
3. an enterprise,

that seeks to establish, acquire, or dispose of an enterprise; for the purposes of this definition, “enterprise” means an entity constituted, established, or organized under the applicable laws of a Party, whether privately-owned or governmentally-owned, including any corporation, trust, partnership, cooperative, sole proprietorship, joint venture, or other form of association, for the purpose of economic gain;

legitimate objective means any of the following objectives pursued within the territory of a Party:

1. public security and safety;
2. public order;
3. protection of human, animal, or plant life or health;
4. protection of the environment;
5. consumer protection;
6. protection of the health, safety, and well-being of workers; or
7. programs for disadvantaged groups,

considering, among other things, if appropriate, fundamental climatic or other geographical factors, technological or infrastructural factors, or scientific justification;

“legitimate objective” does not include protecting the production of a Party or, in the case of the Government of Canada, favouring the production of a Province;

legitimate objective for labour mobility means one or more of the following objectives pursued within the territory of a Party:

1. public security and safety;
2. public order;
3. protection of human, animal, or plant life or health;
4. protection of the environment;
5. consumer protection;
6. protection of the health, safety, and well-being of workers;
7. provision of adequate social and health services to all its geographic regions; and
8. programs for disadvantaged groups;

licensing procedures means administrative or procedural rules, including for the amendment or renewal of a licence, which must be adhered to in order to demonstrate compliance with licensing requirements;

licensing requirements means substantive requirements, other than qualification requirements, which must be complied with in order to obtain, amend, or renew a licence or an authorization;

measure includes any legislation, regulation, directive, requirement, guideline, program, policy, administrative practice, or any other procedure. For the purposes of Chapter Five (Government Procurement), “measure” includes any action of a procuring entity regarding covered procurement;

monopoly means an entity, whether privately-owned or owned by a Party, that, in the relevant market in the territory of a Party, is designated the right to be the only provider or purchaser of a good or service, but does not include an entity that has been granted an exclusive intellectual property right solely by reason of such a grant;

National Occupational Analysis means a document developed pursuant to the Interprovincial Standards Red Seal Program that details tasks and subtasks performed by workers in a trade;

national standard means a standard approved as a National Standard of Canada by the Standards Council of Canada;

new measure means a measure adopted on or after the effective date;

non-governmental body, includes, for the purposes of Chapter Seven (Labour Mobility), professional corporations and associations, hospitals, health units, long-term care facilities, clinics, other health care/service organizations and authorities, professional regulatory bodies, school authorities, universities, colleges, and other educational and training institutions, trade unions, and industry associations, with or without authority delegated by law;

non-governmental body that exercises authority delegated by law means, for the purposes of Chapter Seven (Labour Mobility), any non-governmental body to whom authority has been delegated by provincial, territorial, or federal statute to set or implement measures related to:

1. the establishment of occupational standards or certification requirements;
2. the assessment of the qualifications of workers against established occupational standards or certification requirements; or
3. the official recognition that an individual meets established occupational standards or certification requirements;

non-Party includes a foreign sovereign state;

occupation means a set of jobs that, with some variation, are similar in their main tasks or duties or in the type of work performed;
occupational standard means the skills, knowledge, and abilities required for an occupation as established by a regulatory authority of a Party and against which the qualifications of an individual in that occupation are assessed;

Parties means, as the context requires, all or some of the Parties to this Agreement;

Party means any signatory to this Agreement;

person means a natural person or an enterprise;

person of a Party means:

1. a natural person resident in the territory of a Party; or
2. an enterprise of a Party;

personal safety of consumers means the protection of consumers from hazards to health or physical safety arising from the use of a good or service;

Pre-existing Dispute means a “Pre-existing Dispute” as defined in Article 1041 (Definitions);

Presiding Body means a “Presiding Body” as defined in Article 1041 (Definitions);

Province means a province of Canada and includes Yukon, the Northwest Territories, and Nunavut;

qualification procedures are administrative or procedural rules that must be adhered to in order to demonstrate compliance with qualification requirements;

qualification requirements are substantive requirements relating to competency that must be complied with in order to obtain, amend, or renew an authorization;

RCT means “RCT” as defined in Article 404 (Regulatory Reconciliation and Cooperation);

reconciliation is the outcome of the implementation of a reconciliation agreement whereby the regulatory measures identified in that reconciliation agreement no longer act as a barrier to trade, investment, or labour mobility within Canada;

regulation means:

1. for the Government of Canada, a “regulation” as defined in the Statutory Instruments Act, RSC 1985, c S-22;
2. for Ontario, a “regulation” as defined in Part III of the Legislation Act, 2006, SO 2006, c 21, Schedule F;
3. for Québec, a “regulation” as defined in the Regulations Act, RSQ, chapter R-18.1;
4. for Nova Scotia, a “regulation” as defined in the Regulations Act, RSNS 1989, c 393;
5. for New Brunswick, a “regulation” as defined in the Regulations Act, RSNB 2011, c 218;
6. for Manitoba, a “regulation” as defined in The Statutes and Regulations Act, CCSM c S207;
7. for British Columbia, a “regulation” as defined in the Regulations Act, RSBC 1996, c 402;
8. for Prince Edward Island, a “regulation” as defined in the Interpretation Act, RSPEI 1988, c I-8;
9. for Saskatchewan, a “regulation” as defined in The Regulations Act, 1995, SS 1995, c R-16.2;
10. for Alberta, a “regulation” as defined in the Regulations Act, RSA 2000, c R14;
11. (k) for Newfoundland and Labrador, a “regulation” as defined in the Interpretation Act, RSNL 1990, c I-19;
12. (l) for Yukon, a “regulation” as defined in the Interpretation Act, RSY 2002, c 125;
13. for the Northwest Territories, a “regulation” as defined in the Interpretation Act, RSNWT 1988, c I-8;
14. for Nunavut, a “regulation” as defined in the Statutory Instruments Act, RSNWT (Nu) 1988, c S-13,
    each as amended;

regulatory authority of a Party means a department, ministry, or similar agency of government of a Party or a non-governmental body that exercises authority delegated by law;

regulatory measure includes any decree, regulation, standard, order, requirement, procedure, process, assessment, legislation, or other instrument, with the exception of occupational standards;

risk assessment means the evaluation of:

1. the likelihood of entry, establishment, or spread of a pest or disease within the territory of a Party according to the sanitary or phytosanitary measure that might be applied, and of the associated potential biological and economic consequences; or
2. the potential for adverse effects on human or animal health arising from the presence of additives, contaminants, toxins, or disease-causing organisms in food, beverages, or feedstuffs;

sanitary or phytosanitary measure means any measure applied:

1. to protect animal or plant life or health within the territory of the Party from risks arising from the entry, establishment, or spread of pests, diseases, disease-carrying organisms, or disease-causing organisms;
2. to protect human or animal life or health within the territory of the Party from risks arising from additives, contaminants, toxins, or disease-causing organisms in foods, beverages, or feedstuffs;
3. to protect human life or health within the territory of the Party from risks arising from diseases carried by animals, plants, or products thereof, or from the entry, establishment, or spread of pests; or
4. to prevent or limit other damage within the territory of the Party from the entry, establishment, or spread of pests;

sanitary or phytosanitary measures include all relevant laws, decrees, regulations, requirements, and procedures including, inter alia, end product criteria; processes and production methods; testing, inspection, certification and approval procedures; quarantine treatments including relevant requirements associated with the transport of animals or plants, or with the materials necessary for their survival during transport; provisions on relevant statistical methods, sampling procedures and methods of risk assessment; and packaging and labelling requirements directly related to food safety;

Secretariat means the Internal Trade Secretariat continued under Article 1102 (Secretariat);

service supplier means a person of a Party that seeks to supply or supplies services;

standard means a document approved by a recognized body, that provides for common and repeated use, rules, guidelines, or characteristics for goods or services, or related processes and production methods, with which compliance is not mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking, or labelling requirements as they apply to a good, service, process, or production method;
supplier means a person of a Party that seeks to supply or supplies goods or services;

technical regulation means a document which lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking, or labelling requirements as they apply to a product, process, or production method;

tobacco control means a measure of a Party related to the production or consumption of manufactured tobacco products (including products made or derived from tobacco), their distribution, labelling, packaging, advertising, marketing, promotion, sale, purchase, or use, as well as enforcement measures, such as inspection, recordkeeping, and reporting requirements;

Territories means Yukon, the Northwest Territories, and Nunavut;

transportation of passengers includes activities related to the movement of natural persons by land or water, such as via taxis, buses, ferries, or rail;

worker means an individual, whether employed, self-employed, or unemployed, who performs or seeks to perform work for pay or profit;

worker of a Party means a worker resident in the territory of a Party; and

WTO means the World Trade Organization.