Schedule of Newfoundland and Labrador

1. NEWFOUNDLAND AND LABRADOR

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

Measures:

• Electrical Power Control Act, 1994, SNL 1994, c E-5.1
• Energy Corporation Act, SNL 2007, c E-11.01
• Energy Corporation of Newfoundland and Labrador Water Rights Act, SNL 2008, c E-11.02
• Executive Council Act, SNL 1995, c E-16.1
• Hydro Corporation Act, 2007, SNL 2007, c H-17
• Lands Act, SNL 1991, c 36
• Lower Churchill Development Act, RSNL 1990, c L-27
• Muskrat Falls Project Land Use and Expropriation Act, SNL 2012, c M-25
• Public Utilities Act, RSNL 1990, c P-47
• The Churchill Falls (Labrador) Corporation Limited (Lease) Act, 1961, SNL 1961, c 51
• Water Resources Act, SNL 2002, c W-4.01

Description:

The above measures, inter alia, permit the Government of Newfoundland and Labrador to:

1. regulate and issue various authorizations relating to the production, generation, development, transmission (including system control), distribution, delivery, supply, purchase, and export of electricity, and provide for the construction and maintenance of related facilities;
2. provide for the granting of the lands or waters within the domain of the Province for any good, source or force of energy from which it is possible to produce electricity, including to the installation of wind turbines and hydroelectric developments; and
3. set and modify rates for electricity.

Without limiting the generality of the foregoing, such measures may involve discretionary decisions based on various factors, imposition of performance requirements and/or discrimination in favour of residents of Newfoundland and Labrador and/or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.

For greater certainty, this exception is not intended to extend to any obligation that the Government of Newfoundland and Labrador may have under Article 309 or Section 2 of Annex 309. In the event of any inconsistency between this exception and Article 309 or Section 2 of Annex 309, the applicable provisions of Article 309 or Section 2 of Annex 309, as the case may be, shall prevail to the extent of the inconsistency.

2. NEWFOUNDLAND AND LABRADOR

Sector: Forestry
Sub-Sector: Wood in the rough; products of wood, cork, straw and plaiting materials; forestry and logging products; pulp, paper and paper products; manufacture of wood and of products of wood and cork, except furniture; and manufacture of articles of straw, and plaiting materials on a fee or contract basis
Industry Classification: CPC 031, 31, 321, 88430
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services) (for CPC 31 only), Article 312 (Market Access – Investment), Article 313 (Performance Requirements)

Measures:

• Forestry Act, RSNL 1990, c F-23
• Forest Protection Act, RSNL 1990, c F-22
• Plant Protection Act, RSNL 1990, c P-16

Description:

The above measures allow the Government of Newfoundland and Labrador to regulate and issue various authorizations relating to the production, extraction, and development of forestry resources and related products within the Province. Without limiting the generality of the foregoing, such measures may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements and/or discrimination in favour of residents of Newfoundland and Labrador and/or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.

3. NEWFOUNDLAND AND LABRADOR

Sector: Agriculture
Sub-Sector:
Industry Classification: CPC 01, 021, 029, 04, 21, 22, 6221, 62224, 881 (except rental of agricultural equipment with operator and 8814), 882
Type of Exception: Article 201 (Non-Discrimination), Article 313 (Performance Requirements)

Measures:

• Farm Products Corporation Act, RSNL 1990, c F-5
• Natural Products Marketing Act, RSNL 1990, c N-2
• Poultry and Poultry Products Act, RSNL 1990, c P-18

Description:

The above measures allow the Government of Newfoundland and Labrador to regulate and issue various authorizations relating to the production and marketing of agricultural and food products and the marketing of fish products and wild fur within the Province. Without limiting the generality of the foregoing, such measures may involve discretionary decisions based on various factors, the imposition of performance requirements and/or discrimination in favour of residents of Newfoundland and Labrador and/or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.

4. NEWFOUNDLAND AND LABRADOR

Sector: Fisheries
Sub-Sector: Fish and other fishing products; prepared and preserved fish; wholesale trade services of fisheries products; and services incidental to fishing
Industry Classification: CPC 04, 212, 62224, 882
Type of Exception: Article 313 (Performance Requirements)

Measures:

• Aquaculture Act, RSNL 1990, c A-13
• Fisheries Act, SNL 1995, c F-12.1
• Fish Inspection Act, RSNL 1990, c F-12
• Fishing Industry Collective Bargaining Act, RSNL 1990, c F-18
• Fish Processing Licensing Board Act, SNL 2004, c F-12.01
• Lands Act, SNL 1991, c 36
• Professional Fish Harvesters Act, SNL 1996, c P-26.1
• Water Resources Act, SNL 2002 c W-4.01

Description:

The above measures allow the Government of Newfoundland and Labrador to regulate and issue various authorizations relating to the production, processing, or marketing of fish and aquaculture fish products, including the transfer, delivery, or transmission of marine products by fish harvesters, aquaculturalists and subsequent purchasers. Such measures provide for the imposition of performance requirements in certain circumstances.

5. NEWFOUNDLAND AND LABRADOR

Sector: Tourism
Sub-Sector: Services incidental to hunting; tourist guide agencies; and own-account hunting
Industry Classification: CPC 7472, 8813, 96419
Type of Exception: Article 201 (Non-Discrimination), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Measure:

• Wild Life Act, RSNL 1990 c W-8

Description:

Non-residents of Newfoundland and Labrador must employ licensed guides while undertaking certain licensed hunting activities within the Province. Non-residents of Newfoundland and Labrador are not permitted to obtain certain types of licences, and are required to obtain non-resident licences to undertake certain fishing activities within the Province.

6. NEWFOUNDLAND AND LABRADOR

Sector: Transportation
Sub-Sector: Rail transportation services
Industry Classification: CPC 711
Type of Exception: Article 307 (Market Access – Services), Article 312 (Market Access – Investment), Article 313 (Performance Requirements)

Measure:

• Rail Service Act, 2009, SNL 2009, c R-1.2

Description:

Any person seeking to purchase, operate, or construct a rail service within Newfoundland and Labrador must first obtain approval from the Government of Newfoundland and Labrador. Such approval may be granted on terms and conditions the Government of Newfoundland and Labrador considers appropriate. Without limiting the generality of the foregoing, any such approval may involve discretionary decisions based on various factors including the imposition of performance requirements.

7. NEWFOUNDLAND AND LABRADOR

Sector: Transportation
Sub-Sector: Other land transportation services
Industry Classification: CPC 712
Type of Exception: Article 307 (Market Access – Services), Article 312 (Market Access – Investment), Article 313 (Performance Requirements)

Measures:

• Aquaculture Act, RSNL 1990, c A-13
• Fisheries Act, SNL 1995, c F-12.1
• Fish Inspection Act, RSNL 1990, c F-12
• Liquor Control Act, RSNL 1990, c L-18
• Liquor Corporation Act, RSNL 1990, c L-19
• Motor Carrier Act, RSN 1990, c M-19
• Professional Fish Harvesters Act, SNL 1996, c P-26.1

Description:

Public convenience and needs tests are applied to passenger transportation and to some subsectors of freight transportation within Newfoundland and Labrador. The criteria relating to approval by the Government of Newfoundland and Labrador include the adequacy of current levels of service, market conditions establishing the requirement for the expanded service, the effect of new entrants on public convenience, and the fitness, willingness, and ability of the applicant to provide proper service. Performance requirements may be imposed.

8. NEWFOUNDLAND AND LABRADOR

Sector: Alcoholic Beverages
Sub-Sector: Wholesale trade services of beverages; sale on a fee or contract basis of food products, beverages, and tobacco; retail sales of beverages not consumed on the spot; beverage serving services for consumption on the premises; alcoholic beverages; and manufacture of food and beverages on a fee or contract basis
Industry Classification: CPC 241, 242, 243, 62112, 62226, 63107, 643, 88411
Type of Exception: Article 201 (Non-Discrimination) (limited as per Description), Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment), Article 313 (Performance Requirements)

Measures:

• Liquor Control Act, RSNL 1990, c L-18
• Liquor Corporation Act, RSNL 1990, c L-19

Description:

The above measures permit the Government of Newfoundland and Labrador to regulate and issue various authorizations relating to the production, distribution, supply, sale, and marketing of alcoholic beverages. The Newfoundland Liquor Corporation (the “NLC”) operates as a monopoly responsible for the distribution, supply, transport, sale, and marketing of alcoholic beverages. Without limiting the generality of the foregoing, such measures may involve discretionary decisions based on various factors, barriers on entry or exit, limitations on market access, and/or the imposition of performance requirements in favour of residents of Newfoundland and Labrador and/or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador. With regard to the application of Article 201 (Non-Discrimination), this exception applies only in respect of the NLC’s policies regarding Brewers Agents and access to related retail outlets.

9. NEWFOUNDLAND AND LABRADOR

Sector: Professional Services
Sub-Sector: Legal services (notaries)
Industry Classification: CPC 861
Type of Exception: Article 201 (Non-Discrimination)

Measures:

• Notaries Public Act, RSN 1990 c N-5

Description:

Only a Canadian citizen that is resident of Newfoundland and Labrador is eligible to become a notary public for the Province.

10. NEWFOUNDLAND AND LABRADOR

Sector: Cannabis
Sub-Sector: Cannabis; Wholesale trade services, including on a fee or contract basis; Retailing services, including on a fee or contract basis
Industry Classification: A, D, E
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit) (only with respect to paragraph 3 of the Description)

Measure(s):

• Cannabis Control Act, SNL 2018, c C-4.1
• Liquor Corporation Act, RSNL 1990, c. L-19

Description:

1. The Federal Cannabis Act grants to the Provincial Government the ability to regulate the distribution and sale of cannabis and cannabis products within the Province. The Cannabis Control Act establishes the statutory framework for the distribution and sale of cannabis and cannabis products within the Province. The Liquor Corporation Act gives the Newfoundland and Labrador Liquor Corporation the authority to buy, import and sell cannabis; control the possession, sale and delivery of cannabis; establish, maintain and operate cannabis stores; and issue licences for the possession, sale and delivery of cannabis.
2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors and/or discrimination in favour of residents of Newfoundland and Labrador and/or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
3. These measures also require that consumers in the Province purchase cannabis and cannabis products only through a retailer licensed in the Province or the Newfoundland and Labrador Liquor Corporation. There are no import or export restrictions imposed on licensed cannabis producers located in the Province.