Schedule of Nova Scotia

1. NOVA SCOTIA

Sector: Transport
Sub-Sector: Interurban motor bus transport and scheduled services
Industry Classification: CPC 7121
Type of Exception: Article 313 (Performance Requirements)

Measure(s):

• Public Utilities Act, RSNS 1989, c 380

Description:

Licensing of new entrants to this service is subject to public convenience and needs tests that includes: the examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; the effect of new entrants on public convenience, including the continuity and quality of service; and the fitness, willingness, and ability of the applicant to provide proper service. Performance requirements may be imposed.

2. NOVA SCOTIA

Sector: Credit and collection services
Sub-Sector: Credit reporting and collection agency services; consumer reporting agencies
Industry Classification: CPC 87901, 87902, 87909
Type of Exception: Article 201 (Non-Discrimination), Article 307 (Market Access – Services), Article 312 (Market Access – Investments)

Measure(s):

• Consumer Creditors’ Conduct Act, RSNS 1989, c 91
• Consumer Protection Act, RSNS 1989, c 92
• Consumer Reporting Act, RSNS 1989, c 93
• Consumer Services Act, RSNS 1989, c 94
• Direct Sellers’ Regulation Act, RSNS 1989, c 129

Description:

Whether as an individual or partnership, an applicant for registration as a consumer reporting agency must be lawfully admitted to Canada and ordinarily resident. A corporate applicant must be incorporated in Canada and registered to do business in Nova Scotia. A consumer reporting agency, whether an individual, partnership, or corporation, shall operate from the fixed place of business in Nova Scotia that shall be open to the public during normal business hours.

Credit reporting and collection agency services must be supplied through a commercial presence. A licence application requires an address for service in Nova Scotia with direct sellers maintaining a permanent place of business in Nova Scotia.

3. NOVA SCOTIA

Sector: Alcoholic beverages
Sub-Sector: Commission agents’ services; wholesale trade services; retailing services (liquor, spirits, wine, and beer, and other alcoholic beverages, liquor, wine, beer and other alcoholic beverages stores); transportation services; manufacture of alcoholic beverages.
Industry Classification: CPC 24, 62112, 62226, 63107, 643, 7123, 751, 88411
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investments), Article 313 (Performance Requirements)

Measure(s):

• Liquor Control Act, RSNS 1989, c 260

Description:

The above measure allows the Government of Nova Scotia, through the monopoly of the Nova Scotia Liquor Corporation, to regulate and issue various authorizations relating to the movement, purchase, importation, possession, delivery, transportation and sale of liquor and merchandise.

Without limiting the generality of the foregoing, this measure may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements, discrimination or right of entry and exit on services, investments, and goods produced in Nova Scotia in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.

The exception against the Right of Entry and Exit obligation (Article 301.2) does not apply to wine sold directly, and dispatched, through postal or courier services, from a winery producing wine in a Province to the final consumer for his or her personal consumption. Wines that are eligible under this paragraph must at least have 85% of the wine content in the bottle derived from fruits or other agricultural products grown in the Province in which the winery that produced the wine is located and the remaining content in the bottle derived from fruits or other agricultural products grown within Canada.

4. NOVA SCOTIA

Sector: Mining
Sub-Sector: Mining; quarrying; and oil well industries
Industry Classification: CPC 11 to 16, 883
Type of Exception: Article 313 (Performance Requirements)

Measure(s):

• Mineral Resources Act, SNS 1990, c 18

Description:

Differential royalties apply for mine output extracted in Nova Scotia and then processed outside the province.

5. NOVA SCOTIA

Sector: Energy
Sub-Sector: Crude oil and natural gas
Industry Classification: CPC 120, 7422, 8675, 883, 887
Type of Exception: Article 201 (Non-Discrimination), Article 307 (Market Access – Services (CPC 7422 only)), Article 312 (Market Access – Investments (CPC 7422 only)), Article 313 (Performance Requirements)

Measure(s):

• Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, SNS 1987, c 3
• Crown Lands Act, RSNS 1989, c 114
• Gas Distribution Act, SNS 1997, c 4
• Offshore Petroleum Royalty Act, SNS 1987, c 9
• Petroleum Resources Act, RSNS 1989, c 342
• Petroleum Resources Removal Permit Act, SNS 1999, c 7
• Pipeline Act, RSNS 1989, c 345
• Public Utilities Act, RSNS 1989, c 380

Description:

The Government of Nova Scotia regulates and issues various authorizations relating to the exploration, production, extraction, processing, development, and the granting of exclusive rights to operate hydrocarbon distribution systems and storage facilities, including related hydrocarbon pipelines, marine distribution, and transshipment facilities.

The granting of authorizations may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.

6. NOVA SCOTIA

Sector: Fisheries
Sub-Sector: Fish and other fishing products; prepared and preserved fish; wholesale trade services of fisheries products; services incidental to fishing
Industry Classification: CPC 04, 212, 62224, 882
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 313 (Performance Requirements)

Measure(s):

• Fisheries and Coastal Resources Act, SNS 1996, c 25
• Fish Harvester Organizations Support Act, SNS 2011, c 36

Description:

The above measures allow the Government of Nova Scotia to regulate and issue various authorizations relating to the licensing, production, processing, or marketing (including buying and selling) of fish and fish products within Nova Scotia, including the transfer, delivery, or transmission of marine fish or fish products by fish harvesters, aquaculturalists and subsequent purchasers.

Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements, right of entry and exit, or discrimination on services, investments and goods produced in Nova Scotia in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.

7. NOVA SCOTIA

Sector: Agriculture
Sub-Sector: Products of agriculture; forestry and fishing; wholesale trade services of agriculture raw materials and live animals; services incidental to agriculture, hunting and forestry; services incidental to fishing
Industry Classification: CPC 01, 021, 029, 04, 21, 22, 239, 881 (excluding rental of agricultural equipment with operator and CPC 8814), 882
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 313 (Performance Requirements)

Measure(s):

• Natural Products Act, RSNS 1989, c 308
• Dairy Industry Act, SNS 2000, c 24
• Agriculture and Rural Credit Act, RSNS 1989, c 7
• Agriculture and Marketing Act, RSNS 1989, c 6

Description:

The above measures allow the Government of Nova Scotia to regulate and issue various authorizations relating to the movement, production, and marketing of agricultural and food goods, and fish and fish products within Nova Scotia, including measures related to the supply management of dairy, eggs and poultry products. The exception against Right of Entry and Exit obligation (Article 301.2) is limited to fish and fish products.

Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements, right of entry and exit, or discrimination on services, investments and goods produced in Nova Scotia in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.

8. NOVA SCOTIA

Sector: Energy
Sub-Sector: Electricity and services incidental to energy distribution
Industry Classification: CPC 17, 887
Type of Exception: Article 201 (Non-Discrimination), Article 313 (Performance Requirements)

Measure(s):

• Crown Lands Act, RSNS 1989, c 114
• Electricity Act, SNS 2004, c 25
• Nova Scotia Power Privatization Act, SNS 1992, c 8
• Nova Scotia Power Reorganization (1998) Act, SNS 1998, c 19
• Public Utilities Act, RSNS 1989, c 380
• Renewable Electricity Regulations, OIC 2010-381 (October 12, 2010), NS Reg 155/2010

Description:

The above measures, among other things, permit the Government of Nova Scotia to:

• regulate and issue various authorizations relating to the production, development, operation, and maintenance of generation, transmission (including system control), distribution, delivery, importation, exportation, and supply of electricity, including electricity generated by renewable energy sources;
• provide for the granting of lands or waters within Nova Scotia for any good, source or force of energy from which it is possible to produce electricity, including the installation of wind turbines and hydroelectric developments; and
• set and modify electricity rates, including feed-in tariffs.

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

For greater certainty, this exception is not intended to extend to any obligation that the Government of Nova Scotia 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.

9. NOVA SCOTIA

Sector: Agricultural, Recreational, cultural and sporting services
Sub-Sector: Service incidental to hunting; own-account hunting
Industry Classification: CPC 8813, 96419
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Wildlife Act, RSNS 1989, c 504

Description:

Only Nova Scotia residents are eligible to receive a fur harvesters’ licence.

10. NOVA SCOTIA

Sector: Cannabis
Sub-Sector: Cannabis; Services incidental to the production of cannabis plants; 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, 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 –
Investments), Article 313 (Performance Requirements)

Measure(s):

• Cannabis Control Act, SNS 2018, c 3

Description:

The above measure allows the Government of Nova Scotia, through the monopoly of the Nova Scotia Liquor Corporation, or a person authorized by or under the regulations to sell cannabis, to regulate and issue various authorizations relating to the movement, purchase, importation, possession, delivery, transportation and sale of cannabis.

Without limiting the generality of the foregoing, this measure may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements, discrimination or right of entry and exit on services, investments, and goods produced in Nova Scotia in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.

There are no import or export restrictions imposed on licensed cannabis producers located in the Province.