Chapter Eight – General Exceptions

Article 800: Aboriginal Peoples

1. This Agreement does not apply to any measure adopted or maintained by a Party with respect to Aboriginal peoples. It does not affect existing aboriginal or treaty rights of any of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.
2. For greater certainty, nothing in this Agreement shall prevent a Party from fulfilling its obligations under its treaties with Aboriginal peoples, including land claims agreements.

Article 801: National Security

Nothing in this Agreement shall be construed to:

1. require the Government of Canada to provide, or allow access to, information the disclosure of which it determines to be contrary to national security; or
2. prevent the Government of Canada from taking any action that it considers necessary to protect national security interests or, pursuant to its international obligations, for the maintenance of international peace and security.

Article 802: Taxation

Except for Article 320 (Prohibited Incentives) and Article 321 (Avoidance of Certain Incentives), this Agreement does not apply to any measure adopted or maintained by a Party relating to taxation or to secure compliance with any measure relating to taxation.

Article 803: Water

1. The Parties recognize that water in its natural state, including water in lakes, rivers, reservoirs, aquifers, and water basins, is not a good or a product. Except for Chapter Six (Environmental Protection), water in its natural state is not subject to the terms of this Agreement.
2. Each Party has the right to protect and preserve its natural water resources. Nothing in this Agreement obliges a Party to permit the commercial use of water for any purpose, including its withdrawal, extraction, or diversion, for export in bulk.
3. If a Party permits the commercial use of a specific water source, it shall do so in a manner consistent with this Agreement.
4. Article 307 (Market Access – Services) and Article 312 (Market Access – Investment) do not apply to any measure adopted or maintained by a Party relating to the collection, distribution, or purification of water.

Article 804: Divestitures

A Party, when selling or disposing of an equity interest in, or the assets of, a government enterprise or a government entity, may prohibit or impose limitations on the ownership of such interests or assets and on the ability of owners of such interests or assets to control a resulting enterprise by investors of a Party or non-Party or their investments. With respect to such a sale or other disposition, a Party may also adopt or maintain any measure relating to the nationality or residency of senior management or members of the board of directors.

Article 805: Social Services

The Parties reserve the right to adopt or maintain any measure with respect to the provision of public law enforcement and correctional services, and the following services to the extent that they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care.

Article 806: Tobacco Control Measures

This Agreement does not apply to any measure adopted or maintained by a Party relating to tobacco control.

Article 807: Services Supplied in the Exercise of Governmental Authority

1. Except for:
   1. Part D of Chapter Three (Special Provisions);
   2. Chapter Five (Government Procurement); and
   3. Chapter Seven (Labour Mobility),

nothing in this Agreement applies to services supplied in the exercise of governmental authority.

2. For the purposes of this Article, a service supplied in the exercise of governmental authority means any service that is not supplied on a commercial basis, or in competition with one or more service suppliers.

Article 808: Language

This Agreement does not apply to any measure adopted or maintained by a Party relating to language, provided that the measure does not constitute a disguised restriction on trade.

Article 809: Culture

This Agreement does not apply to any measure adopted or maintained by a Party with respect to culture or cultural industries.

Article 810: Canadian Citizenship and Permanent Residency Requirements

Except for measures falling within the scope and coverage of Chapter Seven (Labour Mobility), Article 201 (Non-Discrimination) does not apply to any measure adopted or maintained by a Party requiring Canadian citizenship or permanent residency.

Article 811: Gambling and Betting

1. Article 201 (Non-Discrimination) and Article 313 (Performance Requirements) do not apply to:
   1. any existing measure maintained by a Party relating to gambling and betting;
   2. the continuation or prompt renewal of any measure referred to in paragraph (a); or
   3. an amendment to any measure referred to in paragraph (a) to the extent that the amendment does not decrease the conformity of the measure with those obligations as it existed immediately before the amendment.
2. Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), and Article 312 (Market Access – Investment) do not apply to any measure adopted or maintained by a Party relating to gambling and betting.

Article 812: Collective Marketing

1. Article 307 (Market Access – Services) and Article 312 (Market Access – Investment) do not apply to any measure adopted or maintained by a Party relating to collective marketing arrangements for agricultural goods, including activities such as production, pricing, buying, selling, or any other activity to prepare the product in a form or make it available at a place or time for purchase for consumption or use.
2. Article 301.2 (Right of Entry and Exit) does not apply to:
   1. any measure relating to collective marketing arrangements for poultry and eggs regulated pursuant to the Farm Products Agencies Act (Canada), as amended, and milk and dairy products regulated pursuant to the Canadian Dairy Commission Act (Canada), as amended, and the Agricultural Products Marketing Act (Canada), as amended, adopted or maintained by a Party that restricts or prevents the movement of an agricultural good and relates to the good’s entry into or exit out of that Party’s territory;
   2. any measure relating to collective marketing arrangements not covered under paragraph (a), adopted or maintained by a Party that restricts or prevents the movement of an agricultural good and relates to the good’s exit out of that Party’s territory; or
   3. any existing measure relating to collective marketing arrangements not covered under paragraph (a), maintained by a Party that restricts or prevents the movement of an agricultural good and relates to the entry of the good into that Party’s territory.
3. Article 301.3 (Right of Entry and Exit) does not apply to any measure adopted or maintained by the Government of Canada that restricts or prevents the movement of an agricultural good across provincial or territorial boundaries for the purpose of maintaining collective marketing arrangements.
4. Any Party that establishes a new collective marketing arrangement that may have a significant effect on trade or investment in agricultural goods shall notify the Parties pursuant to Article 402 (Regulatory Notification).
5. If a Party considers that the establishment of a new, or a modification to an existing, collective marketing arrangement of any other Party may adversely affect its trade or investment interests, it may request consultations with that other Party regarding the matter.
6. During the consultations, a Party may request additional information on the collective marketing arrangement of the other Party, including the policy objective supporting the new arrangement or modification of the existing arrangement and measures taken to limit any potential distortive effect on trade or investment.
7. The other Party shall accord full and sympathetic consideration to any representations made by the requesting Party during the consultations and, based on them, shall endeavour to eliminate or minimize any adverse effects on the requesting Party’s trade or investment interests.

Article 813: Passenger Transportation Services

Article 307 (Market Access – Services) and Article 312 (Market Access – Investment) do not apply to any measure adopted or maintained by a Party relating to the transportation of passengers.