1. BRITISH COLUMBIA

Sector: Energy
Sub-Sector: Production, transmission and distribution of electricity, gas, steam and hot water; crude petroleum and natural gas; petroleum gases and other gaseous hydrocarbons; transport services via pipeline; services incidental to energy distribution
Industry Classification: CPC 17, 120, 334, 713, 887
Type of Exception: Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

British Columbia reserves the right to adopt or maintain any measure relating to: (i) the exploration, production, extraction, and development of crude petroleum or natural gas; (ii) rights to operate related crude petroleum or natural gas distribution or transportation systems, including related pipeline and marine distribution and transport services; or (iii) the production, transport, distribution, furnishing, and importation and exportation of electricity, that:

  1. limits the number of covered investments or service suppliers, whether in the form of numerical quotas, monopolies, exclusive service suppliers, or the requirement of an economic needs test;
  2. limits the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
  3. limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test;
  4. limits the total number of natural persons that may be employed in a subsector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of numerical quotas or the requirement of an economic needs test; or
  5. restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.

Any Existing Measures:

2. BRITISH COLUMBIA

Sector: Forestry
Sub-Sector: Forestry and logging products; services incidental to forestry and logging
Industry Classification: CPC 03, 8814
Type of Exception: Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

British Columbia reserves the right to adopt or maintain any measure relating to the production, processing, marketing, extraction, and development of forest resources and products derived from them, including the granting of licences, that:

  1. limits the number of covered investments or service suppliers, whether in the form of numerical quotas, monopolies, exclusive service suppliers, or the requirement of an economic needs test;
  2. limits the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
  3. limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test;
  4. limits the total number of natural persons that may be employed in a subsector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of numerical quotas or the requirement of an economic needs test; or
  5. restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.

Any Existing Measures:

3. BRITISH COLUMBIA

Sector: Fisheries
Sub-Sector: Fishing; services incidental to fishing
Industry Classification: CPC 04, 882, 62224
Type of Exception: Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

British Columbia reserves the right to adopt or maintain any measure relating to the production, processing, and collective marketing of aquaculture, marine, or other fish products that:

  1. limits the number of covered investments or service suppliers, whether in the form of numerical quotas, monopolies, exclusive service suppliers, or the requirement of an economic needs test;
  2. limits the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
  3. limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test;
  4. limits the total number of natural persons that may be employed in a subsector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of numerical quotas or the requirement of an economic needs test; or
  5. restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.

Any Existing Measures:

4. BRITISH COLUMBIA

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

Description:

British Columbia reserves the right to adopt or maintain any measure relating to the importation, marketing, licensing, sale, and distribution of alcoholic beverages in British Columbia that:

  1. limits the number of covered investments or service suppliers, whether in the form of numerical quotas, monopolies, exclusive service suppliers, or the requirement of an economic needs test;
  2. limits the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
  3. limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test;
  4. limits the total number of natural persons that may be employed in a subsector or that a covered investment may employ and who are necessary for, and directly related to, the performance of economic activity in the form of numerical quotas or the requirement of an economic needs test; or
  5. restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.

Any Existing Measures:

5. 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)

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. Annex 309 does not apply to any measures respecting BC Hydro’s 1L359 transmission line which extends from BC Hydro’s Fort Nelson generating station in British Columbia to the Rainbow Lake substation in Alberta.

Any Existing Measures:

6. 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 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

British Columbia reserves the right to adopt or maintain any measure relating to the importation, marketing, licensing, sale, and distribution of cannabis or cannabis goods in British Columbia that:

  1. limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of numerical quotas, monopolies, exclusive service suppliers, or the requirement of an economic needs test;
  2. limits the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
  3. limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test;
  4. limits the total number of natural persons that may be employed in a subsector or that a covered investment may employ and who are necessary for, and directly related to, the performance of economic activity in the form of numerical quotas or the requirement of an economic needs test; or
  5. restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity.

Any Existing Measures: (Provided For Illustrative Purposes Only)

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