ANNEX 41: Extent of Obligations
1. On the date of signature of this Agreement, or of the exchange
of written notifications under Article 47, Canada shall set out
in a declaration a list of any provinces for which Canada is to
be bound in respect of matters within their jurisdiction. The
declaration shall be effective on delivery to the other Parties,
and shall carry no implication as to the internal distribution
of powers within Canada. Canada shall notify the other Parties
six months in advance of any modification to its declaration.
2. When considering whether to instruct the Secretariat to prepare
a factual record pursuant to Article 15, the Council shall take
into account whether the submission was made by a non-governmental
organization or enterprise incorporated or otherwise organized
under the laws of a province included in the declaration made
under paragraph 1.
3. Canada may not request consultations under Article 22 or a
Council meeting under Article 23 or request the establishment
of a panel or join as a complaining Party under Article 24 against
another Party at the instance, or primarily for the benefit, of
any government of a province not included in the declaration made
under paragraph 1.
4. Canada may not request a Council meeting under Article 23,
or request the establishment of a panel or join as a complaining
Party under Article 24 concerning whether there has been a persistent
pattern of failure by another Party to effectively enforce its
environmental law, unless Canada states in writing that the matter
would be under federal jurisdiction if it were to arise within
the territory of Canada, or:
(a) Canada states in writing that the matter would be under provincial
jurisdiction if it were to arise within the territory of Canada;
and
(b) the provinces included in the declaration account for at least
55 percent of Canada's Gross Domestic Product (GDP) for the most
recent year in which data are available, and
(c) where the matter concerns a specific industry or sector, at
least 55 percent of total Canadian production in that industry
or sector is accounted for by the provinces included in the declaration
for the most recent year in which data are available.
5. No other Party may request a Council meeting under Article
23 or request the establishment of a panel or join as a complaining
Party under Article 24 concerning whether there has been a persistent
failure to effectively enforce an environmental law of a province
unless that province is included in the declaration made under
paragraph 1 and the requirements of subparagraphs 4(b) and (c)
have been met.
6. Canada shall, no later than the date on which an arbitral panel
is convened pursuant to Article 24 respecting a matter within
the scope of paragraph 5 of this Annex, notify in writing the
complaining Parties and the Secretariat of whether any monetary
enforcement assessment or action plan imposed by a panel under
Article 34(4) or 34(5) against Canada shall be addressed to Her
Majesty in right of Canada or Her Majesty in right of the province
concerned.
7. Canada shall use its best efforts to make this Agreement, the Council shall review the operation of this Annex and, in particular, shall consider whether the Parties should amend the thresholds established in paragraph 4.
ANNEX 45: Country-Specific Definitions
For purposes of this Agreement:
"territory" means:
(a) with respect to Canada, the territory to which its customs
laws apply, including any areas beyond the territorial seas of
Canada within which, in accordance with international law and
its domestic law, Canada may exercise rights with respect to the
seabed and subsoil and their natural resources;
(b) with respect to Mexico,
(i) the states of the Federation and the Federal District,
(ii) the islands, including the reefs and keys, in adjacent seas,
(iii) the islands of Guadalupe and Revillagigedo situated in the
Pacific Ocean,
(iv) the continental shelf and the submarine shelf of such islands,
keys and reefs,
(v) the waters of the territorial seas, in accordance with international
law, and its interior maritime waters,
(vi) the space located above the national territory, in accordance
with international law, and
(vii) any areas beyond the territorial seas of Mexico within which,
in accordance with international law, including the United Nations
Convention on the Law of the Sea, and its domestic law, Mexico
may exercise rights with respect to the seabed and subsoil and
their natural resources; and
(c) with respect to the United States,
(i) the customs territory of the United States, which includes
the 50 states, the District of Columbia and Puerto Rico,
(ii) the foreign trade zones located in the United States and
Puerto Rico, and
(iii) any areas beyond the territorial seas of the United States
within which, in accordance with international law and its domestic
law, the United States may exercise rights with respect to the
seabed and subsoil and their natural resources.
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