Schedule of Nunavut

1. NUNAVUT

Sector: All Sectors
Sub-Sector: All Sub-Sectors
Industry Classification:
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), Article 704.1(b) (Residency Requirements), Article 705 (Certification of Workers), and Chapters 5 (Government Procurement) and 6 (Environmental Protection)

Description:

Parties recognize that the Territory of Nunavut is subject to unique socioeconomic factors that have resulted in economic disparities between Nunavut and other Parties. This agreement shall not be interpreted to constrain the Government of Nunavut from implementing regional economic development policies that encourage long-term job creation, economic growth, industrial competitiveness and reducing economic disparities.

Regional economic development policies, whether a program or statute-based system, which provide benefits shall:

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

Regional economic development policies or agreements, whether a program or statute-based system, 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 partnership 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:

2. NUNAVUT

Sector: All Sectors
Sub-Sector: All sub sectors
Industry Classification:
Type of Exception: All obligations under this Agreement

Description:

Parties recognize that the Territory of Nunavut is subject to extreme geographic and climatic factors that limits the commercial viability of market-based solutions for certain sectors, industries, and geographic regions. Such factors can also raise the cost of providing services, transportation logistics, or mitigating negative social or environmental impacts from economic activity.

Where it is established that a measure adopted to address matters concerning extreme geographic or climatic factors is inconsistent with this Agreement, that measure is still permissible provided that:

1. the purpose of the measure is to overcome extreme geographic or climatic factors;
2. the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between Parties; and
3. the measure is not applied in a manner that creates a disguised restriction on trade.

Any Existing Measures:

3. NUNAVUT

Sector: Animal Husbandry or Hunting
Sub-Sector: All sub sectors
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:

Nunavut reserves the right to adopt or maintain any measure limiting market access and right of entry and exit in the sub sectors listed above.

Any Existing Measures:

4. NUNAVUT

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:

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

Nunavut has the authority under the Liquor Act, RSNWT, 1988, c. L-9 to import, purchase, produce, distribute, supply, market, and sell alcoholic beverages in

Nunavut and to conduct such activities through a territorial monopoly.

Any Existing Measures: (Provided For Illustrative Purposes Only)

• Liquor Act, RSNWT 1988, c L-9

5. NUNAVUT

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:

Nunavut reserves the right to adopt or maintain any measure limiting market access and right of entry and exit in the sub-sectors listed above.

Any Existing Measures:

6. NUNAVUT

Sector: Energy
Sub-Sector: Electrical energy, electricity distribution or control apparatus; services incidental to energy distribution
Industry Classification: CPC 171, 887, 4621
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Nunavut reserves the right to adopt or maintain any measures limiting market access and right of entry and exit in the sub-sectors noted above.

Nunavut maintains a monopoly on the production, generation, development, transmission, distribution, delivery, supply, and exportation of electricity and related services under the Qulliq Energy Corporation Act, RSNWT, 1988, c. N-2, s. 5.1.

Any Existing Measures:

7. NUNAVUT

Sector: Energy
Sub-Sector: Crude petroleum and natural gas; pipeline transport; services incidental to energy distribution
Industry Classification: CPC 120, 713, 887
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Nunavut reserves the right to adopt or maintain any measure limiting market access and right of entry and exit in the sub-sectors listed above.

Nunavut also reserves the right to adopt or maintain any measure limiting market access related to oil and gas development.

Any Existing Measures:

8. NUNAVUT

Sector: Transportation
Sub-Sector: Freight transport by sea
Industry Classification: CPC 7212
Type of Exception: Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Nunavut reserves the right to adopt or maintain any discriminatory measure or any measure limiting market access in the sub-sectors listed above. Such measures would not interfere with federal shipping and navigation powers.

Any Existing Measures:

9. NUNAVUT

Sector: All Sectors
Sub-Sector: All Sub-Sectors
Industry Classification:
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 Government of Nunavut 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. NUNAVUT

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 313 (Performance Requirements)

Description:

The Minister must approve (or waive the requirement for) a “benefits plan” for the employment of Canadians and for providing Canadian manufacturers, consultants, contractors and service companies with a full and fair opportunity to participate on a competitive basis in the supply of goods and services used in a proposed work or activity referred to in the benefits plan. A benefits plan may be required to include provisions to ensure that disadvantaged natural persons or groups have access to training and employment opportunities and to enable those natural persons or groups or corporations owned or cooperatives operated by them to participate in the supply of goods and services used in a proposed work or activity referred to in the benefits plan.

Any Existing Measures: (Provided For Illustrative Purposes Only)

Any measure implementing the Northwest Territories Oil and Gas Accord, including any implementing measure that applies to or is adopted by Nunavut as the successor territories to the former Northwest Territories.

11. NUNAVUT

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

Description:

Nunavut 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 Nunavut. This reservation will be in force until two years after the date on which Nunavut has in place physical infrastructure connected to the bulk electric system outside the jurisdiction of Nunavut.

Any Existing Measures: (Provided For Illustrative Purposes Only)

• Qulliq Energy Corporation Act R.S.N.W.T. 1988,C.N-2

12. NUNAVUT

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; Cannabis accessories
Industry Classification: A, B, C, D, E, F, G
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:

Nunavut reserves the right to adopt or maintain any measure limiting market access, right of entry and exit in the sub-sectors noted above. Nunavut reserves the right to adopt discriminatory measures designed to support Nunavut businesses.

Nunavut has the authority under the Cannabis Act S.Nu. 2018, c.7, to import, purchase, produce, distribute, supply, market, and sell Cannabis in Nunavut and to conduct such activities through a territorial monopoly.

Any Existing Measures: (Provided For Illustrative Purposes Only)

• Cannabis Act S.Nu. 2018, c.7