Schedule of British Columbia

1. BRITISH COLUMBIA

Sector: All Sectors
Sub-Sector: All Sub-Sectors
Industry Classification:
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Cooperative Association Act, SBC 1999, c 28

Description:

Under the Cooperative Association Act, at least one director of an association incorporated under the Act must be resident in British Columbia.

2. BRITISH COLUMBIA

Sector: Forestry
Sub-Sector: Forestry and logging products
Industry Classification: CPC 03
Type of Exception: Article 301 (Right of Entry and Exit), Article 313 (Performance Requirements)

Measure(s):

• Forest Act, RSBC 1996, c 157

Description:

All timber harvested from provincial land must be either used in British Columbia or manufactured in British Columbia into other goods. However, British Columbia may authorize an exemption to this requirement if the timber is surplus to the requirements of processing facilities in British Columbia, if the timber cannot be processed economically near the harvesting area and cannot be transported economically to another facility in British Columbia, or if an exemption would prevent waste or improve the utilization of wood.

3. BRITISH COLUMBIA

Sector: Forestry
Sub-Sector: Forestry and logging; services incidental to manufacturing; woodlot licences
Industry Classification: CPC 03, 8814
Type of Exception: Article 312 (Market Access – Investment)

Measure(s):

• Forest Act, RSBC 1996, c 157

Description:

Proximity of private residence from the proposed woodlot licence, and distance and size of private land to be included in the proposed woodlot are two of the criteria used to award a licence.

Only the following entities may enter into a community forest Agreement (which may be directly awarded):

1. a society incorporated under the Society Act, RSBC 1996, c 433;
2. an association as defined in the Cooperative Association Act, SBC 1999, c 28;
3. a corporation, if the corporation is established by or under an enactment, or registered as an extra provincial company under the Business Corporations Act, SBC 2002, c 57;
4. a partnership, if the partnership is comprised of municipalities or regional districts, societies, associations, companies or extra provincial companies, or a combination of the foregoing; or
5. a municipality or regional district.

4. BRITISH COLUMBIA

Sector: Forestry
Sub-Sector: Forestry and logging
Industry Classification: CPC 03
Type of Exception: Article 201 (Non-Discrimination) (applicable only to paragraph 1 of the Description), Article 312 (Market Access – Investment), Article 313 (Performance Requirements)

Measure(s):

• Forest Act, RSBC 1996, c 157

Description:

1. The granting of a community salvage licence is limited to specific groups, including societies and cooperative associations, for purposes such as:
   1. providing social and economic benefits to British Columbia, including contributing to government revenues;
   2. providing opportunities for achieving a range of community objectives, including employment and other social, environmental, and economic benefits;\
   3. encouraging cooperation within the community and among stakeholders;
   4. providing for the use of qualifying timber; and
   5. other factors that the minister or a person authorized by the minister specifies in the invitation or advertising.
2. Only a limited number of restricted forest licences are granted. The granting of such licences may be subject to performance requirements, including the requirement to own or lease processing facilities in British Columbia.

5. BRITISH COLUMBIA

Sector: Energy
Sub-Sector: Electricity; services incidental to energy distribution
Industry Classification: CPC 171, 887
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 313 (Performance Requirements)

Measure(s):

• BC Hydro Public Power Legacy and Heritage Contract Act, SBC 2003, c 86
• Clean Energy Act, SBC 2010, c 22
• Utilities Commission Act, RSBC 1996, c 473
• Hydro and Power Authority Act, RSBC 1996, c 212

Description:

In British Columbia, electric utilities operate as regulated monopoly distributors of electricity within the area they service.

British Columbia Hydro and Power Authority (“BC Hydro”) is a Crown corporation that owns most of the generation, transmission, and distribution facilities in British Columbia. BC Hydro receives differential treatment under provincial law and is exempted from BC Utilities Commission review in some instances. BC Hydro is prohibited from disposing of (including by way of sale) any of its heritage assets, unless they are no longer used or useful.

Subject to direction from the Lieutenant Governor in Council, rates for the sale of electricity within British Columbia are regulated by the BC Utilities Commission.

6. BRITISH COLUMBIA

Sector: Alcoholic Beverages
Sub-Sector: Beverages; wholesale liquor; wine and beer stores; retailing services
Industry Classification: CPC 24 (other than 244) , 62112, 62226, 63107
Type of Exception: Article 201 (Non-Discrimination) (applicable only to paragraph 2 of the Description), Article 301 (Right of Entry and Exit)

Measure(s):

• Liquor Control and Licensing Act, SBC 2015, c 19
• Liquor Distribution Act, RSBC 1996, c 268

Description:

1. The above measures allow British Columbia to regulate and authorize the importation, purchase, production, distribution, supply, marketing, and sale of alcoholic beverages and to conduct these activities, including through provincial monopolies
2. British Columbia may maintain measures requiring private wine store outlets (in existence on October 4, 1987) to discriminate in favour of wine of British Columbia to a degree no greater than the discrimination required by such measures as they existed on October 4, 1987. British Columbia may maintain a measure limiting on-premise sales by a producer of beverage alcohol products to those beverage alcohol products produced on its premises.

7. BRITISH COLUMBIA

Sector: Energy
Sub-Sector: Services incidental to energy distribution
Industry Classification: CPC 887
Type of Exception: Annex 309 (Electricity Transmission Service Providers and Trade in Electricity Transmission Services)

Measure(s):

• Utilities Commission Act, RSBC 1996, c 473

Description:

British Columbia Hydro and Power Authority (“BC Hydro”) is a Crown corporation that owns most of the generation, transmission, and distribution facilities in British Columbia. Line 71 is a 230 kV transmission line running from the Waneta Hydro Station to the Nelway substation and to the BC/US international border where it interconnects with the transmission system of Bonneville Power Administration. By way of an existing commercial agreement with Teck Metals Ltd. ownership of Line 71 will transfer to BC Hydro in the future and BC Hydro accords to Teck Metals Ltd. preferential access to and use of Line 71.

8. BRITISH COLUMBIA

Sector: Cannabis
Sub-Sector: Cannabis; Wholesale trade services, including on a fee or contract basis; Retailing services, including on a fee or contract basis; All other cannabis-related services not covered by B, C, D, and E
Industry Classification: A, D, E, F
Type of Exception: Article 201 (Non-Discrimination) (applicable only to paragraph 2 of the Description), Article 301 (Right of Entry and Exit)

Measure(s):

• Cannabis Distribution Act, SBC 2018, c 28
• Cannabis Control and Licensing Act, SBC 2018, c 29

Description:

1. The above measures allow British Columbia to regulate and authorize the importation, exportation, purchase, distribution, supply, marketing, and sale of cannabis and to conduct these activities, including through provincial monopolies.
2. Federal producers and federal producers’ agents are prohibited from holding retail licences.