Schedule of Ontario

Annex I

1. ONTARIO

Sector: Ores and Minerals; Electricity; Gas; and Water
Sub-Sector: Natural gas; electrical energy
Industry Classification: CPC 120, 17, 334, 713, 887
Type of Exception: Article 201 (Non-Discrimination), Article 307 (Market Access – Services), Article 312 (Market Access – Investment), Article 313 (Performance Requirements), Annex 309 Article 2 (Open and Non-Discriminatory Provision of Electricity Transmission Service)

• Ontario Energy Board Act, 1998, SO 1998, c 15, Schedule B
• Electricity Act, 1998, SO 1998, c 15, Schedule A
• Green Energy and Green Economy Act, 2009, SO 2009, c 12
• Municipal Franchises Act, RSO 1990, c M-55

Description:

The Government of Ontario and its energy authorities, entities, and agencies, including Independent Electricity System Operator, Ontario Power Generation Inc., Hydro One Inc. and the Ontario Energy Board, and their successors or assigns, may permit one or more persons or entities to establish or expand electricity and gas infrastructure, and/or to produce, transmit, distribute, conserve, manage (demand and load), store, sell, retail or market energy (including electricity, natural gas and/or renewable energy) in any region in Ontario including on corridor lands. Further, the Government of Ontario and/or one of its energy authorities, the Independent Electricity System Operator, the Ontario Energy Board, or their successors or assigns, may regulate the rates, storage, standards, including information publishing, and/or services provided, including access to transmission service, by energy producers, distributors, transmitters, sellers, retailers, marketers, and storage companies in Ontario.

Without limiting the generality of the foregoing, measures and actions taken by Ontario and energy authorities, entities, and agencies mentioned above and their successors or assigns, may involve discretionary decisions, based on factors that may afford preferential treatment in favour of:

1. residents of Ontario; and/or
2. entities established under the laws of Canada or a Province thereof and having a place of business in Ontario.

For greater certainty, any enterprise formed under the laws of Ontario and having a place of business in Ontario, shall be treated in the same manner as an enterprise that is a resident of Ontario. 20

For greater certainty, nothing in this exception applies to hydrocarbon pipelines.

For greater certainty, transparency and availability of information requirements under Annex 309(2)(c) will only be covered under this exception 18-months from the date that the Annex 309 exception enters into force.

2. ONTARIO

Sector: Real Estate Services
Sub-Sector: Real estate services on a fee or contract basis; real estate services involving own or leased property
Industry Classification: CPC 821, 822
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Real Estate and Business Brokers Act, RSO 2002, c 30,
• Schedule C General, O Reg 567/05, s 24(1)

Description:

Real estate services must be supplied through a commercial presence in Ontario.

3. ONTARIO

Sector: Alcoholic Beverages
Sub-Sector: Wine products
Industry Classification: CPC 242
Type of Exception: Article 313 (Performance Requirements)

Measure(s):

• Wine Content and Labelling Act, 2000, SO 2000, c 26,
• Schedule P Content of Wine, O Reg 659/00

Description:

A winery in Ontario may sell wine manufactured from a blend of imported and domestic grape products. Wineries must blend with a minimum of 25 per cent Ontario grape content per bottle.

4. ONTARIO

Sector: Trade Services
Sub-Sector: Sale; maintenance and repair services of motor vehicles
Industry Classification: CPC 611, 612
Type of Exception: Article 201 (Non-Discrimination), Article 307 (Market Access – Services)

Measure(s):

• Motor Vehicle Dealers Act, SO 2002, c 30, Schedule B

Description:

A motor vehicle dealer must be registered and operate only from a place authorized in the dealer’s registration. The authorized place must be in Ontario.

5. ONTARIO

Sector: Tourism
Sub-Sector: Travel agency; tour operator and tourist guide services
Industry Classification: CPC 7471
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Travel Industry Act, 2002, SO 2002, c 30, Schedule D, s 4(1)
• General, O Reg 26/05, s 10(1)

Description:

Travel agents and travel wholesalers registered in Ontario may carry on business in Ontario only if their permanent place of business is in Ontario.

6. ONTARIO

Sector: Alcoholic Beverages
Sub-Sector: Commission agents’ services; wholesale trade services; retailing services (liquor, wine, and beer); liquor, wine, and beer stores; manufacturers of alcoholic beverages
Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Measure(s):

• Liquor Control Act, RSO 1990, c L.18
• General, O Reg 717/90
• Alcohol and Gaming Regulation and Public Protection Act, RSO 1996, c 26, Schedule
• Assignment of Powers and Duties, O Reg 141/01
• Registrar of the Alcohol and Gaming Commission of Ontario policies and practices

Description:

These measures permit Ontario to regulate and authorize the importation, purchase, production, distribution, supply, marketing, and sale of alcoholic beverages in Ontario and to conduct these activities, including through a provincial monopoly. Beer may only be sold in authorised government stores. The Alcohol and Gaming Commission of Ontario authorizes The Beer Store for the sale of domestic and import beer.

7. ONTARIO

Sector: Alcoholic Beverages
Sub-Sector: Commission agents’ services; wholesale trade services; retailing services (liquor, wine, and beer); liquor, wine, and beer stores; manufacture of alcoholic beverages.
Industry Classification: CPC 24, 62112, 62226, 63107
Type of Exception: Article 201 (Non-Discrimination), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Measure(s):

• Liquor Control Act, RSO 1990, c L.18 General, O Reg 717/90
• Alcohol and Gaming Regulation and Public Protection Act, RSO 1996, c 26, Schedule
• Assignment of Powers and Duties, O Reg 141/01
• Registrar of the Alcohol and Gaming Commission of Ontario policies and practices

Description:

The Registrar of Alcohol and Gaming authorizes Ontario wine, spirits, and beer manufacturers to operate stores for the sale of their own wine, spirits, and beer, respectively.

Ontario competent authorities may maintain a measure within their respective jurisdictions provided it is implemented in a manner compatible with Ontario law:

1. limiting sales by a distillery or a winery on its premises to distilled spirits or wines produced there at prices no lower than those of the same distilled spirits or wines sold through outlets available for product produced outside of Ontario; or
2. requiring off site private wine store outlets in Ontario to sell only wines produced by Ontario wineries. The number of these off site private wine store outlets authorised to sell only wines produced by Ontario wineries shall not exceed 292 in Ontario.

8. ONTARIO

Sector: Service of Membership Organizations
Sub-Sector: Legal documentation and certification
Industry Classification: CPC 8613, CPC 95910
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Marriage Act, RSO 1990, c M.3, ss 11 and 20

Description:

Ontario reserves the right to restrict the category of persons eligible to issue marriage licences, including on the basis of residence, and to require that a person registered under the Act to solemnise marriage must be an Ontario resident or have a parish or pastoral charge in whole or in part in Ontario.

9. ONTARIO

Sector: Forestry
Sub-Sector: Logs of coniferous wood; logs of non-coniferous wood; manufacture of wood and of products of wood and cork, except furniture, manufacture of articles of straw and plaiting materials, on a fee or contract basis
Industry Classification: CPC 0311, 0312, 8843
Type of Exception: Article 312 (Market Access – Investment)

Measure(s):

• Crown Forest Sustainability Act 1994, SO 1994, c 25, s 34
• General, O Reg 167/95

Description:

Licences that authorize the harvest of Crown timber (forest resource licences) are issued in respect of specific areas of land. As such, there are limits to the number of licences issued.

10. ONTARIO

Sector: Agriculture
Sub-Sector: Products of agriculture; services incidental to agriculture
Industry Classification: CPC 01, 8811 (except rental of agricultural equipment with operator)
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Wild Rice Harvesting Act, RSO, 1990, c W.7, ss 1 and 3(2)

Description:

A person seeking to harvest wild rice on Crown lands must obtain a licence. Only those who have resided in Ontario for 12 consecutive months immediately preceding the application are eligible for a licence.

11. ONTARIO

Sector: Business Services
Sub-Sector: Services incidental to hunting
Industry Classification: CPC 8813
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Fish and Wildlife Conservation Act, 1997, SO 1997, c 41, s 1(1)
• Trapping, O Reg 667/98, s 11(1)

Description:

Only a Canadian citizen or an Ontario resident may be issued a licence to hunt or trap fur-bearing animals. A resident is defined as a person whose primary residence is Ontario and who has actually resided in Ontario for a period of at least six months during the 12 months preceding the day that residence becomes material under this Act.

12. ONTARIO

Sector: Recreational, Cultural and Sporting Services
Sub-Sector: Sporting services and services incidental to hunting
Industry Classification: CPC 9641, 8813
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Fish and Wildlife Conservation Act, 1997, SO 1997, c 41, s 1(1)
• Hunting, O Reg 665/98, s 12 Ontario Hunter Education Program Standards, Wildlife Policy Section, 2006

Description:

Only Ontario residents are eligible for appointment to instruct hunting education courses. A resident is defined as a person whose primary residence is Ontario and who has actually resided in Ontario for a period of at least six months during the 12 months preceding the day that residence becomes material under this Act.

13. ONTARIO

Sector: Business Services
Sub-Sector: Services incidental to hunting
Industry Classification: CPC 8813
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Fish and Wildlife Conservation Act, 1997, SO 1997, c 41, ss 1(1) and 32
• Hunting, O Reg 665/98, ss 94 and 95

Description:

To be eligible for a licence to act as a guide for hunting in the Territorial District of Rainy River and for migratory bird hunting on Lake St. Clair, an applicant must be an Ontario resident or Canadian citizen. A resident is defined as a person whose primary residence is Ontario and who has actually resided in Ontario for a period of at least six months during the 12 months preceding the day that residence becomes material under this Act.

14. ONTARIO

Sector: Educational Services
Sub-Sector: Driver certification services
Industry Classification: CPC 9290
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Highway Traffic Act, RSO 1990, c H.8, s 32 (5) Issuance of driver’s licence, endorsements Drivers’ Licences, O Reg 340/94
• Licences for Driving Instructors and Driving School, O Reg 473/07
• Driver Certification Program Policy
• Beginner Driver Education Program
• School Bus Driver Improvement Course

Description:

To be eligible for a licence to deliver driver education and training programs in Ontario, including the Driver Certification Program, the School Bus Driver Improvement Course, and the Beginner Driver Education Program, an applicant must own or lease premises in Ontario that serve as the driving school’s office and classrooms.

15. ONTARIO

Sector: Distribution Services
Sub-Sector: Retail sales of pharmaceutical, medical, and orthopaedic goods
Industry Classification: CPC 63211
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Livestock Medicines Act, RSO 1990, c L.23
• General, O Reg 730/90

Description:

Only persons with an established place of business in Ontario are eligible to be licensed to sell livestock medicine in Ontario.

Licences may be issued to sellers who have established a temporary place of business at events such as races and agricultural fairs or shows.

16. ONTARIO

Sector: Business Services
Sub-Sector: Collection agents
Industry Classification: CPC 87902
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Collection and Debt Settlement Services Act, RSO 1990, c C.14
• General, RRO 1990, Reg 74, s 13(10)

Description:

Collection agencies must operate from a permanent place of business in Ontario.

17. ONTARIO

Sector: Agriculture and Fisheries
Sub-Sector: Products of agriculture; forestry and fishing; wholesale trade services of agriculture raw materials and live animals; services incidental to agriculture, hunting, and forestry; services incidental to fishing
Industry Classification: CPC 01, 021, 029, 04, 21, 22, 881 (other than rental of agricultural equipment with operator and 8814), 882
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 313 (Performance Requirements), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Measure(s):

• Farm Products Marketing Act, RSO, c F.9
• Milk Act, RSO 1990, c M.12

Description:

The above measures allow the Province to regulate and issue various authorizations relating to the production and marketing of agricultural and food products within the Province, including measures related to the supply management of dairy, eggs, and poultry products.

Exceptions against Right of Entry and Exit, Market Access (Services) and Market Access (Investment) are limited to regulating and issuing various authorizations relating to the production and marketing of fish and fish products within Ontario.

Without limiting the generality of the foregoing, measures and actions taken by Ontario and entities, and agencies mentioned above, may involve discretionary decisions, based on factors that may afford preferential treatment in favour of:

1. residents of Ontario; or
2. entities established under the laws of Canada or a Province thereof and having a place of business in Ontario.

18. ONTARIO

Sector: Cannabis
Sub-Sector: Cannabis; Wholesale trade services, including on a fee or contract basis; Retailing services, including on a fee or contract basis
Industry Classification: A, D, E
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Measure(s):

• Cannabis Licence Act, 2018, SO 2018, c 12, Sched 2
• O Reg 468/18 (General) under the Cannabis Licence Act, 2018
• Cannabis Control Act, 2017, SO 2017, c 26, Sched 1
• Ontario Cannabis Retail Corporation Act, 2017, SO 2017, c 26, Sched 2

Description:

The above measures allow Ontario to:

1. Maintain limits on the number and location of retail stores operated by federally licensed producers (LPs);
2. Limit eligibility for a retail operator licence based on i) direct or indirect partial or whole ownership or control by LPs or their affiliates, or ii) direct or indirect partial or whole ownership or control of an LP or its affiliates;
3. Place limits on the number of retail store authorizations held by retail operator licence holders and their affiliates;
4. Prohibit the sale of Cannabis in Ontario except through the Ontario Cannabis Retail Corporation (OCRC) and holders of a retail store authorization for a cannabis retail store in Ontario;
5. Provide exclusive right to the OCRC, subject to certain exceptions, to sell Cannabis:
   1. Online, without doing so through a cannabis retail store under the Cannabis Licence Act, 2018; and
   2. To a holder of a retail store authorization for the purpose of resale.