Schedule of Northwest Territories

1. NORTHWEST TERRITORIES

Sector: Business Services
Sub-Sector: Services incidental to animal husbandry; services incidental to hunting
Industry Classification: CPC 8812, 8813
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

The Northwest Territories reserves the right to adopt or maintain any measure limiting market access and right of entry and exit in the sub-sectors noted above.

Any Existing Measures:

2. NORTHWEST TERRITORIES

Sector: Alcoholic Beverages
Sub-Sector: Commission agents’ services; wholesale trade services; retailing services (liquor, wine and beer, liquor wine and beer stores); Manufacture of alcoholic beverages
Industry Classification: CPC24 (other than 244), 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 Northwest Territories reserves the right to adopt or maintain any measure limiting market access and right of entry and exit in the sub-sectors noted above.

Any Existing Measures:

3. NORTHWEST TERRITORIES

Sector: Energy
Sub-Sector: Electrical energy; transportation services via pipeline; services incidental to energy distribution
Industry Classification: CPC 171, 713, 887
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

The Northwest Territories reserves the right to adopt or maintain any measure limiting market access and right of entry and exit in the sub-sectors noted above.

Any Existing Measures:

4. NORTHWEST TERRITORIES

Sector: Energy
Sub-Sector: Crude petroleum and natural gas; pipeline transport; services incidental to energy distribution
Industry Classification: CPC 120
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

The Northwest Territories reserves the right to adopt or maintain any measure limiting market access in the exploration, production, extraction, and development of crude petroleum or natural gas.

The Northwest Territories reserves the right to adopt or maintain any measure granting exclusive rights to operate a distribution or transportation system, including, related pipeline and marine distribution and transport services.

The Northwest Territories reserves the right to adopt or maintain any measure limiting right of entry and exit in the sub-sectors noted above.

Any Existing Measures:

5. NORTHWEST TERRITORIES

Sector: Fisheries
Sub-Sector: Fish and other fishing products; wholesale trade of fishing products; services incidental to fishing
Industry Classification: CPC 04, 62224, 882
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

The Northwest Territories reserves the right to adopt or maintain any measure limiting market access and right of entry and exit in the sub-sectors noted above.

Any Existing Measures:

6. NORTHWEST TERRITORIES

Sector: Forestry
Sub-Sector: Forestry and logging products; pulp and paperboard; forest resource processing; services incidental to agriculture, hunting and forestry; manufacture of paper and paper products, on a fee or contract basis
Industry Classification: CPC 03, 321, 881 (other than rental of agricultural equipment with operator and 8814), 88430, 88441
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

The Northwest Territories reserves the right to adopt or maintain any measure limiting market access and right of entry and exit in the sub-sectors noted above.

Any Existing Measures:

7. NORTHWEST TERRITORIES

Sector: All Sectors
Sub-Sector: All Sub-Sectors
Type of Exception: All obligations under this Agreement, except Article 203 (Transparency)

Description:

Except for Article 203 (Transparency), a measure inconsistent with this Agreement may be adopted or maintained to address the unique circumstances occasioned by extreme climatic conditions, geographic isolation, or socioeconomic factors affecting least developed communities in the Northwest Territories;

A community is a “least developed community” if it:

1. is more than 500 km from the border of a Census Metropolitan Area and more than 50 km from the border of a Census Agglomeration, as defined by Statistics Canada;
2. does not have any of
   1. accessibility by an asphalt concrete road for more than six months of the year,
   2. a deep-water port, or
   3. rail access;
3. has a population less than 5,000 people; and
4. has an unemployment rate exceeding 10%.

Any Existing Measures:

8. NORTHWEST TERRITORIES

Sector: All Sectors
Sub-Sector: All Sub-Sectors
Type of Exception: All obligations under this Agreement, except Article 203 (Transparency), Article 307 (Market Access – Services), Article 308 (Licensing and Qualification Requirements and Procedures), Article 312 (Market Access – Investment), Article 320 (Prohibited Incentives), Chapter Five (Government Procurement), Chapter Six (Environmental Protection), Article 704.1(b) (Residency Requirements), and Article 705 (Certification of Workers).

Description:

This Agreement does not apply to any measure for regional economic development with the goal of encouraging job creation, economic growth or industrial competitiveness or in reducing economic disparities.

Regional economic development measures which provide benefits shall:

1. be identified as regional economic development programs;
2. specify eligibility criteria for or development priorities based on, but not limited to, such factors as geographic area, industrial sector, or population group;
3. be generally available to recipients that meet the eligibility criteria; and
4. identify performance or economic development objectives or targets that can be measured.

Regional economic development measures which require compliance based on the condition of a receipt or continued receipt of an advantage may be specific to industrial sector and persons, investors, or enterprises and shall:

1. be identified as a regional economic development program or economic development agreement; and
2. specify the measurable compliance requirements to be met on the condition of a receipt or continued receipt of an advantage.

Any Existing Measures:

9. NORTHWEST TERRITORIES

Sector: All Sectors
Sub-Sector: All Sub-Sectors
Type of Exception: Chapter Ten (Dispute Resolution), except Article 1000 (Cooperation) and Article 1003 (Consultations)

Description:

Except for Chapter Seven (Labour Mobility) and Article 320 (Prohibited Incentives), only Article 1000 (Cooperation) and Article 1003 (Consultations) of Chapter Ten (Dispute Resolution) shall apply to the Northwest Territories for failure of a regional, local, district or other form of municipal government, school board, publicly funded academic, health and social services entity, or non-governmental body or enterprise to comply with their obligations under this Agreement.

Any Existing Measures:

10. NORTHWEST TERRITORIES

Sector: Electricity Transmission Service Providers and Trade in Electricity Transmission Services
Sub-Sector: All Sub-Sectors
Industry Classification:
Type of Exception: All obligations

Description:

The Northwest Territories reserves the right to amend its exceptions set out in its Schedules in Part VII (Party Schedules) by listing exceptions to Section 2 of Annex 309, including any exceptions to providing open and non-discriminatory access by transmission service providers to transmission services. Any such amendment shall be effective on receipt by the Secretariat of written notice of the amendment from the Northwest Territories. This reservation will be in force until two years after the date on which the Northwest Territories has in place physical infrastructure connected to the bulk electric system outside the jurisdiction of the Northwest Territories.

Any Existing Measures:

11. NORTHWEST TERRITORIES

Sector: Cannabis
Sub-Sector: Cannabis; Services incidental to the production of cannabis plants; Manufacture of 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, B, C, D, E, F
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:

The Northwest Territories reserves the right to adopt or maintain any measure limiting market access and right of entry and exit in the sub-sectors noted above.

The Northwest Territories reserves the right to adopt or maintain any measure contrary to Article 201, but only in favour of Northwest Territories cannabis producers and their production, in the sub-sectors noted above.

Any Existing Measures: (Provided For Illustrative Purposes Only)

• Cannabis Products Act, SNWT 2018, c.6