Chapter Six – Environmental Protection

Article 600: Scope and Coverage

This Chapter applies to any environmental measure adopted or maintained by a Party that may affect trade, investment, or labour mobility within Canada.

Article 601: Context and Objectives

The Parties recognize that environmental protection and trade can be mutually supportive and that sustainable development should be part of an overall approach to trade. Environmental protection includes climate change mitigation and adaptation, and ensuring the sustainability of natural resources such as fish, forests, clean air, and water.

Article 602: Relationship to Other Agreements

Nothing in this Agreement shall be construed to affect the rights and obligations of the Parties under environmental agreements, including conservation agreements, in effect on the effective date.

Article 603: Environmental Considerations

1. Each Party shall, in dealing with trade, investment, and labour mobility, take into account the need to restore, maintain, and enhance the environment.
2. Each Party shall pay special attention to facilitating the removal of barriers to trade and investment concerning goods and services of particular relevance for environmental protection.

Article 604: Right to Regulate and Levels of Protection

1. Each Party has the right to establish its own environmental priorities and levels of environmental protection in its territory consistent with this Agreement and to adopt or maintain its environmental measures accordingly.
2. Each Party shall ensure that its measures provide for high levels of environmental protection and shall continue to endeavour to improve those levels of protection.

Article 605: Scientific and Technical Information

1. Each Party shall, when preparing and implementing environmental measures that may affect trade or investment, take into account relevant scientific and technical information and related national or international standards, guidelines, or recommendations, if they exist.
2. An environmental measure shall not be considered to be inconsistent with this Agreement by reason solely of the lack of full scientific certainty regarding the need for that measure.
3. Nothing in this Chapter prevents a Party from informing the scientific basis for an environmental measure with traditional knowledge, in particular that of the Aboriginal peoples of Canada.

Article 606: Upholding Levels of Protection

A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate from, its environmental measures as an encouragement for trade or investment in its territory.