Schedule of New Brunswick

1. NEW BRUNSWICK

Sector: Fisheries and Aquaculture
Sub-Sector: Fish and other fishing products; wholesale trade in services of fisheries products; services incidental to fishing
Industry Classification: CPC 04, 882
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

New Brunswick reserves the right to adopt or maintain any measure with respect to collective marketing and trading arrangements for fish, aquaculture and seafood products, and licensing fishing or fishing related activities.

Any Existing Measures: (Provided for Illustrative Purposes Only)

• Seafood Processing Act, SNB 2006, c S-5.3
• Aquaculture Act, RSNB 2011, c 112
• Seafood Industry Improvement Fund Act, SNB 2016, c 15
• Clean Water Act, SNB 1989, c C-6.1

2. NEW BRUNSWICK

Sector: Alcoholic Beverages
Sub-Sector: Commission agents’ services; wholesale trade services; retailing services (liquor, wine and beer, liquor, wine and beer stores); alcoholic beverages
Industry Classification: CPC 241, 242, 243, 62112, 62226, 63107
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

The New Brunswick Liquor Corporation is a Government of New Brunswick crown agency that is the sole importer and wholesaler, retailer, and distributor of alcoholic beverages in New Brunswick. The above measures permit New Brunswick to regulate and authorize the importation, purchase, production, distribution, supply, marketing and sale of alcoholic beverages in New Brunswick. New Brunswick reserves the right to adopt or maintain any measure limiting market access in the sub-sectors listed above, with the exception of measures imposing limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.

New Brunswick reserves the right to apply a differential cost of service, fees or other charges to beer and beer products of any other Party where it can be demonstrated that beer and beer products originating from New Brunswick encounter higher cost of service, fees, other charges or handling requirements than beer and beer products of that Party.

Any Existing Measures: (Provided for Illustrative Purposes Only)

• New Brunswick Liquor Corporation Act, SNB 1974, c N-6.1

3. NEW BRUNSWICK

Sector: Energy
Sub-Sector: Electrical energy; services incidental to energy distribution
Industry Classification: CPC 17, 887
Type of Exception: Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

New Brunswick reserves the right to adopt or maintain any measure limiting market access in the transfer of hydraulic power vested in the domain of the province, the production, transport, distribution and exportation of electricity, and the maintenance of electrical facilities, with the exception of measures imposing limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. For greater certainty, this exception is without prejudice to the right of New Brunswick to impose limitations on the participation of non-New Brunswick capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing government entity.

Any Existing Measures:

4. NEW BRUNSWICK

Sector: Energy (Oil and Gas)
Sub-Sector: Crude petroleum and natural gas industries; services incidental to mining
Industry Classification: CPC 120, 883
Type of Exception: Article 307 (Market Access – Services), Article 313 (Performance Requirements)

Description:

Provisions continuing those set out in the Canada Oil and Gas Operations Act will be included in laws or regulations to implement accords with various provinces, including implementing legislation such as the New Brunswick Oil and Gas Accord. For the purposes of this exception this accord shall be deemed, once concluded, to be an existing measure.

Any Existing Measures:

5. NEW BRUNSWICK

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:

The Cannabis Management Corporation is a Government of New Brunswick crown agency that is the sole importer and wholesaler, retailer, and distributor of cannabis in New Brunswick. The above measures permit New Brunswick to regulate and authorize the importation, purchase, production, distribution, supply, marketing, and sale of cannabis in New Brunswick. This includes the right to contract with service providers to undertake the importation, purchase, production, distribution, supply, marketing, and sale of cannabis in New Brunswick on behalf of the Cannabis Management Corporation. New Brunswick reserves the right to adopt or maintain any measure limiting market access in the sub-sectors listed above.

Any Existing Measures: (Provided For Illustrative Purposes Only)

• Cannabis Management Corporation Act, SNB 2018, c 3