Schedule of Quebec

1. QUÉBEC

Sector: Business services
Sub-Sector: Real estate services
Industry Classification: CPC 821-822
Type of Exception: Article 201 (Non–Discrimination)

Measure(s):

• Real Estate Brokerage Act, CQLR c C-73.2

Description:

A broker must have an establishment in Québec. In the case of a broker who acts on behalf of an agency, the broker’s establishment is the agency’s establishment. An agency must have an establishment in Québec.

2. QUÉBEC

Sector: Transport
Sub-Sector: Road transportation
Industry Classification: CPC 71231, 71232, 71233, 71234
Type of Exception: Article 201 (Non-Discrimination), Article 307 (Market Access Services), Article 312 (Market Access-Investment), Article 313 (Performance Requirements)

Measure(s):

• An Act respecting the Ministère des Transports, CQLR c M-28
• Transport Act, CQLR c T-12
• An Act respecting owners, operators and drivers of heavy vehicles, CQLR c P-30.3

Description:

The Minister of Transport determines the conditions that a heavy-vehicle operator located outside of Québec but in the territory of a Party to the Canadian Free Trade Agreement must meet to register in the bulk trucking register. The total number of registration allowed is not limited for operators outside of Québec but they cannot be transferred.
Participation in the performance of a road construction, repair or maintenance work contract awarded by the Minister of Transport, is limited to small bulk trucking enterprises that subscribe to the brokerage service of an association holding a brokerage permit, for a minimum of 50 per cent of the transportation required that has to be offered to the brokerage permit holder. Bulk trucking enterprises that are not registered will only have access to the remaining 50 per cent of the transportation needed if the brokerage permit holder accepts the offer to transport 50 per cent of the transportation required.

To obtain a brokerage permit, a non-profit legal person or a cooperative shall demonstrate that it represents at least 35 per cent of the operators of heavy-vehicle that are registered in the bulk trucking register and that have its principal establishment in the zone for which the permit is applied for. An operator shall subscribe for brokerage services in the brokerage zone where he has his or her principal establishment or in the zone determined by regulation.

3. QUÉBEC

Sector: Transport
Sub-Sector: Maritime transport
Industry Classification: CPC 72211
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• An Act respecting the Société des Traversiers du Québec, CQLR c S-14
• Transport Act, CQLR c T-12

Description:

No person may be a member of the board of directors unless he is domiciled in Québec.

Permit is issued to a person domiciled in Québec or having a compliant institution in Québec.

4. QUÉBEC

Sector: Recreational, cultural and sporting services
Sub-Sector: Horse racing
Industry Classification: CPC 02113, 96492
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• An Act respecting racing, CQLR c C-72.1

Description:

Only a Québec race horse, as defined in the Rules respecting the breeding of Québec Standardbred race horses, can be entitled to a privilege or advantage

A person who applies for registration of a Standardbred stallion with the Régie des alcools, des courses et des jeux must be a resident of Québec for at least 183 days.

5. QUÉBEC

Sector: All Sectors
Sub-Sector: All Sub-Sectors
Industry Classification:
Type of Exception: Article 201 (Non-Discrimination), Article 312 (Market Access-Investment)

Measure(s):

• An Act respecting the acquisition of farm land by non-residents, CQLR c A-4.1
• An Act respecting the preservation of agricultural land and agricultural activities, CQLR c P-41.1
• An Act respecting the lands in the domain of the State, CQLR c T-8.1

Description:

Direct or indirect acquisition of farm land by non-residents of Québec must be authorized by the Commission de protection du territoire agricole du Québec. When it receives an application for authorization by non-residents of Québec, the Commission takes into consideration the possible uses of the land for agricultural purposes and the economic consequences thereof.

No person may, in a designated agricultural region, use a lot for any purpose other than agriculture without the authorization of the Commission, which takes into consideration specific socio-economics factors when rendering a decision.
Québec residents are given priority in the purchase or lease of land in the domain of the State.

6. QUÉBEC

Sector: Community, social and personal services
Sub-Sector: Funeral, cremation and undertaking services
Industry Classification: CPC 9703
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• An Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies, CQLR c L-0.2
• Regulation respecting the application of the Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies, CQLR c L-0.2, r. 1
• An Act respecting prearranged funeral services and sepultures, CQLR c A-23.001

Description:

A natural person seeking a permit to act as a funeral director, on his or her behalf or for a legal person, a partnership or an association having its head office in Québec, must have resided in Québec for at least 12 months preceding the request.

7. QUÉBEC

Sector: All Sectors
Sub-Sector: All Sub-Sectors
Industry Classification:
Type of Exception: Article 201 (Non-Discrimination), Article 312 (Market Access-Investment), Article 313 (Performance Requirements)

Measure(s):

• Cooperatives Act, CQLR c C-67.2

Description:

The Cooperatives Act places constraints on the issue, transfer and ownership of shares. Membership of the cooperative is subject to the member actually using the services offered by the cooperative and to the cooperative’s ability to provide him with them. The Cooperatives Act also stipulates that every member of the cooperative or representative of a legal person or partnership that is a member may be a director. The head office of a cooperative, a federation or a confederation must at all times be located in Québec.

A cooperative, a federation or a confederation must carry on with its members a proportion of its total business according to a percentage determined by government regulation. In the case of a solidarity cooperative, this proportion is calculated separately for the members who are users of the cooperative and for those who are workers of the cooperative.

8. QUÉBEC

Sector: Fisheries
Sub-Sector: All Sub-Sectors
Industry Classification: CPC 04, 882
Type of Exception: Article 301 (Right of Entry and Exit), Article 313 (Performance Requirements)

Measure(s):

• Marine Products Processing Act, CQLR c T-11.01

Description:

The Minister may, by regulation, prescribe the minimum processing standards with which an operator must comply for the preparation or canning of a marine product. The standards may vary depending on the marine product.

9. QUÉBEC

Sector: Wildlife, hunting, fisheries and trapping
Sub-Sector: All Sub-Sectors
Industry Classification: CPC 0297, 8813, 882, 9649
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• An Act respecting the conservation and development of wildlife, CQLR c C-61.1

Description:

The Act respecting the conservation and development of wildlife, and any regulation made thereunder, may provide differing treatments for non-residents of Quebec.
A “resident” means a person domiciled in Québec and having resided there for at least 183 days during the year preceding his fishing, hunting or trapping activities or his application for a licence or a certificate.

10. QUÉBEC

Sector: Forestry
Sub-Sector: Forestry and logging products; products of wood; cork; straw and plaiting materials; pulp, paper and paper products; services incidental to forestry and logging
Industry Classification: CPC 031, 31, 32, 8814
Type of Exception: Article 201 (Non-Discrimination), Article 313 (Performance Requirements)

Measure(s):

• An Act respecting the Ministère des Ressources Naturelles et de la Faune, CQLR, c M-25.2
• Sustainable Forest Development Act, CQLR c A-18.1

Description:

All timber harvested in the domain of the State, including biomass volumes, must be completely processed in Québec. However, the Government may, on the conditions it determines, authorize the shipment outside Québec of incompletely processed timber from the domain of the State if it appears to be contrary to the public interest to do otherwise.
The Minister may take measures for the development of lands or forest resources in the domain of the State that are under his or her authority in order to encourage regional development or implement any other related governmental policy.

11. QUÉBEC

Sector: Alcoholic beverages
Sub-Sector: Beverages; commission agents’ services; wholesale trade services; retail trade services; hotel and other lodging services; food serving services; beverage serving services for consumption on the premises
Industry Classification: CPC 241, 242, 243, 62112, 62226, 63107, 641, 642, 643
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access -Services), Article 312 (Market Access-Investment), Article 313 (Performance Requirements)

Measure(s) :

• An Act respecting the Société des alcools du Québec, CQLR c S-13
• An Act respecting offences relating to alcoholic beverages, CQLR c I-8.1
• An Act respecting liquor permits, CQLR c P-9.1

Description:

Québec regulates and authorizes the importation, distribution, supply, transport, sale, trade, and marketing of alcoholic beverages and conducts these activities, including through its provincial monopoly, la Société des alcools du Québec.

12. QUÉBEC

Sector: Alcoholic beverages
Sub-Sector: Beverages; commission agents’ services; wholesale trade services; retail trade services; hotel and other lodging services; food serving services; beverage serving services for consumption on the premises
Industry Classification: CPC 241, 242, 243, 62112, 62226, 63107, 641, 642, 643
Type of Exception: Article 201 (Non-Discrimination), Article 301 (Right of Entry and Exit), Article 307 (Market Access-Services), Article 312 (Market Access-Investment), Article 313 (Performance Requirements)

Measure(s)

• An Act respecting the Société des alcools du Québec, CQLR c S-13
• An Act respecting offences relating to alcoholic beverages, CQLR c I-8.1
• An Act respecting liquor permits, CQLR c P-9.1

Description:

Obtaining a permit is mandatory to conduct any commercial activities pertaining to alcoholic beverages, including production and sale.

For some categories of alcoholic beverages, marketing is carried out by holders of a grocery permit. Holders of a grocery permit must only buy authorized alcoholic beverages including from an authorized distributor or from authorized holder of production permit. Québec may require that products sold by holders of a grocery permit are bottled in Québec.

Without restricting the generality of the foregoing, Québec maintains any measure with respect to:

• Limiting to certain places, the sale and the distribution of some categories of alcoholic beverages; for example, in farmer’s markets or on production sites.
• Limiting the sales of alcoholic beverages produced or bottled by holders of a distiller’s permit to la Société des alcools du Québec, unless they ship such products outside Québec.

No person may be a member of the board of directors unless he or she is domiciled in Québec.

13. QUÉBEC

Sector: Chemical products
Sub-Sector: Powders and explosives; fireworks; flammable materials
Industry Classification: CPC 3544, 3545, 3546, 3549, 71239
Type of Exception: Article 301 (Right of Entry and Exit)

Measure(s):

• An Act respecting explosives, CQLR c E-22

Description:

Quebec determines conditions for use, sale, transport, delivery, preservation and destruction of explosives.

14. QUÉBEC

Sector: Social services
Sub-Sector: All Sub-Sectors
Industry Classification:
Type of Exception: Article 201 (Non-Discrimination), Article 313 (Performance Requirements)

Measure(s):

Description:

Québec reserves the right to maintain a measure with respect to the provision of social services not otherwise covered by Article 805 (Social Services).

15. QUÉBEC

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

Measure(s):

• An Act respecting the Régie de l’énergie, CQLR c R-6.01
• Hydro-Québec Act, CQLR c H-5

Description:

Québec (including through the Régie de l’énergie and Hydro-Québec) may fix, determine, and modify rates, tariffs, prices, and other conditions relating to the production, purchase, transmission, supply, distribution, and sale of electric power.

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

16. QUÉBEC

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

Measure(s):

• An Act respecting the exportation of electric power, CQLR c E-23
• An Act respecting the Régie de l’énergie, CQLR c R-6.01

Description:

Hydro-Québec, municipal electric power systems, the Coopérative régionale d’électricité de Saint-Jean-Baptiste de Rouville, and private electric power systems are holders of exclusive electric power distribution rights.

The exportation of electric power from Québec is prohibited. The Gouvernement du Québec may nevertheless authorize, by order, on the conditions and in the cases it determines, any contract for the exportation of electric power from Québec.

Contracts relating to the exportation of electric power by Hydro-Québec, including wheeling under a transportation service agreement, must be submitted to the Government for authorization in the cases determined by the Government and are subject to the conditions the Government may then determine.

17. QUÉBEC

Sector: Travel agency, tour operator and tourist guide services
Sub-Sector: Travel agency and tour operator services
Industry Classification: CPC 7471
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Travel Agents Act, CQLR c A-10

Description:

A natural person applying for a travel agent licence on his or her own account must establish and maintain a principal establishment in Québec. The association, partnership or person on whose behalf the licence is applied for must establish and maintain a principal establishment in Québec. A principal establishment is an establishment in which the operations of the licensee are principally performed.

18. QUÉBEC

Sector: All Sectors
Sub-Sector: Industry Classification:
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• An Act respecting the collection of certain debts, CQLR c R-2.2
• Consumer protection Act, CQLR c P-40.1
• Civil protection Act, CQLR c S-2.3
• Private security Act, CQLR c S-3.5

Description:

Québec requires that applicants and holders of a permit or a certificate of compliance must have an establishment in its territory in order to allow supervisory authorities to monitor the activities of licensees and to exercise their powers of sanction. Such establishment may need to be situated in an immovable or part of an immovable in which the holder carries on business.

19. QUÉBEC

Sector: Government Finance
Sub-Sector: Securities
Industry Classification:
Type of Exception: Article 201 (Non-Discrimination)

Measure(s):

• Financial administration Act, CQLR c A-6.001, a. 73
• Regulation respecting savings products, CQLR c A-6.001, r. 9

Description:

Residency requirements may be imposed in relation to the acquisition, sale or other disposition of saving products pursuant to Section II of Chapter VII of the Financial administration Act.