1. QUÉBEC

Sector: Agriculture, fisheries, aquaculture
Sub-Sector: All Sub-Sectors
Industry Classification: CPC 01, 02, 04, 21, 22, 23, 8811 (other than rental of agricultural equipment with operator), 8812, 882
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Québec reserves the right to adopt or maintain any measure respected to the production, transfer of possession or ownership, processing, and collective marketing of aquaculture, marine, and fish products.

Québec also reserves the right to adopt or maintain any measure in connection with the issuance of permits under the Food Products Act

Any Existing Measures: (Provided For Illustrative Purposes Only)

  • Food Products Act, CQLR c P-29
  • An Act to regularize and provide for the development of local slaughterhouses, CQLR c R-19.1
  • An Act respecting the marketing of agricultural, food and fish products, CQLR c M-35.1
  • An Act respecting the marketing of marine products, CQLR c C-32.1
  • The Marine Products Processing Act, CQLR c T-11.01
  • An Act respecting commercial aquaculture, CQLR c A-20.2

2. QUÉBEC

Sector: Forestry
Sub-Sector: All Sub-Sectors
Industry Classification: CPC 031, 31, 32, 8814
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Québec reserves the right to adopt or maintain any measure respected to forestry.

This includes: development, access, exploitation, marketing or processing of forest resources, and the products derived from (including biomass and non-timber); as well as transport and supply of wood-processing plants, etc.

These measures also include, imposing public interest tests or taking into account socio-economic factors.

Any Existing Measures: (Provided For Illustrative Purposes Only)

  • Sustainable Forest Development Act, CQLR c A-18.1
  • An Act respecting the Ministère des Ressources naturelles et de la Faune, CQLR c M-25.2
  • An Act respecting the marketing of agricultural, food and fish products, CQLR c M-35.1
  • Transport Act, CQLR c T-12

3. QUÉBEC

Sector: Energy
Sub-Sector: Electricity energy and all services
Industry Classification: CPC 171, 887
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 309 (Electricity Transmission Service Providers and Trade in Electricity Transmission Services), including Section 2 of Annex 309 (Open and Non-Discriminatory Provision of Electricity Transmission Service), Article 312 (Market Access – Investment).

Description:

Québec reserves the right to adopt or maintain any measure related to electricity. This includes: production, fixing and modification of rates and conditions, transmission, purchase, supply, distribution, procurement, exportation, importation, sales, investments, transport, energy efficiency and maintenance of electrical facilities, etc.

Québec reserves the right to adopt or maintain any measure related to the transfer and the granting of lands in the domain of the State and of movable and immovable property.

Québec reserves the right to adopt or maintain any measure related to all powers and sources of energy from which it is possible to produce electricity.
These measures also include taking into account economic, social or environmental factors.

For greater certainty, no obligation listed in Section 2 of Annex 309 (Open and Non-Discriminatory Provision of Electricity Transmission Service) applies to Québec or to any Québec measure related to electricity. Also for greater certainty, regarding electricity transmission services or the trade in electricity transmission services, Article 316 (Non-Discrimination) and Article 317 (Commercial Considerations) of Part D (Monopolies and Government Enterprises – Commercial Activity) of this Agreement do not apply to any measure adopted or maintained by a Québec monopoly or a Québec government enterprise given the non-application of Section 2 of Annex 309 (Open and Non-Discriminatory Provision of Electricity Transmission Service) to Québec or to any Québec measure related to electricity.

Any Existing Measures: (Provided For Illustrative Purposes Only)

  • Hydro-Québec Act, CQLR c H-5
  • 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
  • An Act respecting municipal and private electric power systems, CQLR c S-41
  • Act respecting the Ministère des Ressources naturelles et de la Faune, CQLR c M-25.2
  • An Act respecting threatened or vulnerable species, CQLR c E-12.01
  • An Act respecting the Coopérative régionale d’électricité de Saint-Jean-Baptiste de Rouville and repealing the Act to promote rural electrification by means of electricity cooperatives, 1986, c 21, as modified by An Act respecting the Régie de l’énergie, 1996, c 61
  • Watercourses Act, CQLR c R-13
  • Environment quality Act, CQLR c Q-2
  • An Act respecting energy efficiency and innovation, CQLR c E-1.3

4. QUÉBEC

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

Description:

Québec reserves the right to adopt or maintain any measure related to the distribution of oil and gas, to transport services via pipeline, and to oil and gas development.

These include, amongst others, development and implementation of benefits plans.

Any Existing Measures: (Provided For Illustrative Purposes Only)

  • An Act respecting the Régie de l’énergie, CQLR c R-6.01
  • Mining Act, CQLR c M-13.1
  • Measures implementing the Canada-Quebec Gulf of St. Lawrence Petroleum Resources Accord
  • Petroleum products Act, CQLR c P-30.01
  • An Act respecting energy efficiency and innovation, CQLR c E-1.3
  • Canada Oil and Gas Operations Act, RSC 1985, c O-7

5. QUÉBEC

Sector: Fisheries
Sub-Sector: Fishing; services incidental to fishing
Industry Classification: CPC 04, 882
Type of Exception: Article 201 (Non-Discrimination); Article 307 (Market Access – Services); Article 312 (Market Access – Investment)

Description:

Québec reserves the right to implement all powers delegated by federal laws and regulations on fisheries.

Any Existing Measures: (Provided For Illustrative Purposes Only)

  • Fisheries Act, RSC 1985, c F-14
  • Quebec Fishery Regulations, 1990, SOR/90-214

6. QUÉBEC

Sector: Social services
Sub-Sector:
Industry Classification:
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Québec reserves the right to adopt or maintain any measure related to the supply of social services not otherwise covered by Article 805 (Social Services).

Any Existing Measures:

7. QUEBEC

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) [limited as per description], Article 301 (Right of Entry and Exit), Article 302 (Technical Barriers to trade), Article 303 (Sanitary and Phytosanitary Measures), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Quebec reserves the right to adopt or maintain any measure related to cannabis and cannabis accessories. This includes: the importation, production, supply, distribution, transport, storage, marketing (including sale, packaging, labeling, advertising and promotion), services connected to cannabis purchase, possession or use of cannabis or cannabis accessories.

Quebec is implementing these measures and carrying out these activities, in particular through its provincial monopoly, the Société québécoise du cannabis.

With regard to the application of Article 201 (non-discrimination), if another Party has:

  • reserved the right to derogate from the obligation set forth under article 201 (Non Discrimination); and
  • exercised its right to discriminate against and to the detriment of Québec cannabis products, accessories, services or investments;

and consultations with that Party have failed to resolve the matter, Québec reserves the right to provide treatment to that Party’s cannabis products, accessories, services or investors that is no less favourable than the treatment provided by that other Party to Québec’s products, accessories, services or investors until such time as a mutually satisfactory resolution of the matter is achieved.

This exception also applies with respect to protecting Québec’s ability to reserve, in International Trade Agreements, its right to offer better treatment to Canadian cannabis products, accessories, services or investments.

Without limiting the generality of the foregoing, it is understood that the exception to article 301 (Right of Entry and Exit) does not apply to the transport of cannabis carried out by a cannabis producer himself, including the transportation of cannabis in transit in Quebec or for inter-company delivery, in compliance with the applicable standards and conditions.

Any Existing Measures: (Provided For Illustrative Purposes Only)

  • Cannabis regulation Act, CQLR c C-5.3
  • An Act respecting the Société des alcools du Québec, CQLR c S-13
  • Tobacco control Act, CQLR c L-6.2

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