North American Free Trade Agreement
Annex II: Reservations for Future Measures (Chapters 11, 12, and 14)
Schedule of Canada
Sector: |
Aboriginal Affairs |
Sub-Sector: |
Industry Classification: |
Type of Reservation: |
National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Performance Requirements (Article 1106)
Senior Management and Boards of Directors (Article 1107) |
Description: |
Cross-Border Services and Investment
Canada reserves the right to adopt or maintain any measure denying
investors of another Party and their investments, or service providers
of another Party, any rights or preferences provided to aboriginal
peoples. |
Existing Measures: |
Constitution Act, 1982, being Schedule B of the Canada Act 1982
(U.K.), 1982, c. 11 |
Sector: |
All Sectors |
Sub-Sector: |
Industry Classification: |
Type of Reservation: |
National Treatment (Article 1102) |
Description: |
Investment
Canada reserves the right to adopt or maintain any measure relating
to residency requirements for the ownership by investors of another
Party, or their investments, of ocean-front land. |
Existing Measures: |
Sector: |
Communications |
Sub-Sector: |
Telecommunications Transport Networks and Services, Radiocommunications
and Submarine Cables |
Industry Classification: |
CPC 752
CPC 7543
CPC 7549 |
Telecommunications Services
Connection Services
Other Telecommunications Services Not Elsewhere Classified
(limited to telecommunications transport networks and services)
|
Type of Reservation: |
National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103)
Senior Management and Boards of Directors (Article 1107)
|
Description: |
Investment
Canada reserves the right to adopt or maintain any measure relating
to investment in telecommunications transport networks and telecommunications
transport services, radiocommunications and submarine cables,
including ownership restrictions and measures concerning corporate
officers and directors and place of incorporation.
This reservation does not apply to providers of enhanced or valueadded
services whose underlying telecommunications transmission facilities
are leased from providers of public telecommunications transport
networks.
|
Existing Measures: |
Bell Canada Act, S.C. 1987, c. 19
British Columbia Telephone Company Special Act, S.C. 1916, c.
66
Teleglobe Canada Reorganization and Divestiture Act, S.C. 1987,
c. 12
Telesat Canada Reorganization and Divestiture Act, S.C 1991, c.
52
Radiocommunication Act, R.S.C. 1985, c. R-2
Telegraphs Act, R.S.C. 1985, c. T-5
Telecommunications Policy Framework, 1987
|
Sector: |
Communications |
Sub-Sector: |
Telecommunications Transport Networks and Services, Radiocommunications
and Submarine Cables
|
Industry Classification:
|
CPC 752
CPC 7543
CPC 7549 |
Telecommunications Services (not including
enhanced or value-added services)
Connection Services
Other Telecommunications Services Not Elsewhere Classified
(limited to telecommunications transport networks and services)
|
Type of Reservation: |
National Treatment (Article 1202)
Most-Favored-Nation Treatment (Article 1203)
Local Presence (Article 1205)
|
Description: |
Cross-Border Services
Canada reserves the right to adopt or maintain any measure relating
to radiocommunications, submarine cables and the provision of
telecommunications transport networks and telecommunications transport
services. These measures may apply to such matters as market entry,
spectrum assignment, tariffs, intercarrier agreements, terms and
conditions of service, interconnection between networks and services,
and routing requirements that impede the provision on a cross-border
basis of telecommunications transport networks and telecommunications
transport services, radiocommunications and submarine cables.
Telecommunications transport services typically involve the realtime
transmission of customersupplied information between two or more
points without any endtoend change in the form or content of the
customer's information, whether or not such services are offered
to the public generally. These services include voice and data
services by wire, radiocommunications or any other electromagnetic
means of transmission.
This reservation does not apply to measures relating to the crossborder
provision of enhanced or valueadded services.
|
Existing Measures: |
Bell Canada Act, S.C. 1987, c. 19
British Columbia Telephone Company Special Act, S.C. 1916, c.
66
Railway Act, R.S.C. 1985, c. R-3
Radiocommunication Act, R.S.C. 1985, c. R-2
Telegraphs Act, R.S.C. 1985, c. T-5
Telecommunications Policy Framework, 1987
Telecommunications Decisions, C.R.T.C., including (85-19), (90-3),
(91-10), (91-21), (92-11) and (92-12)
|
Sector: |
Government Finance |
Sub-Sector: |
Securities |
Industry Classification: |
SIC 8152 |
Finance and Economic Administration
|
Type of Reservation: |
National Treatment (Article 1102)
|
Description: |
Investment
Canada reserves the right to adopt or maintain any measure relating
to the acquisition, sale or other disposition by nationals of
another Party of bonds, treasury bills or other kinds of debt
securities issued by the Government of Canada, a province or local
government.
|
Existing Measures: |
Financial Administration Act, R.S.C. 1985, c. F-11 |
Sector: |
Minority Affairs |
Sub-Sector: |
Industry Classification: |
Type of Reservation: |
National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
Performance Requirements (Article 1106)
Senior Management and Boards of Directors (Article 1107)
|
Description: |
Cross-Border Services and Investment
Canada reserves the right to adopt or maintain any measure according
rights or preferences to socially or economically disadvantaged
minorities.
|
Existing Measures: |
Sector: |
Social Services |
Sub-Sector: |
Industry Classification: |
Type of Reservation: |
National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Article 1203)
Local Presence (Article 1205)
Senior Management and Boards of Directors (Article 1107)
|
Description: |
Cross-Border Services and Investment
Canada reserves the right to adopt or maintain any measure with
respect to the provision of public law enforcement and correctional
services, and the following services to the extent that they are
social services established or maintained for a public purpose:
income security or insurance, social security or insurance, social
welfare, public education, public training, health, and child
care.
|
Existing Measures: |
Sector: |
Transportation |
Sub-Sector: |
Air Transportation |
Industry Classification: |
SIC 4513 |
Non-Scheduled Air Transport, Specialty, Industry |
Type of Reservation: |
National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103)
Senior Management and Boards of Directors (Article 1107)
|
Description: |
Investment
Canada reserves the right to adopt or maintain any measure that restricts the
acquisition or establishment of an investment in Canada for the provision of
specialty air services to a Canadian national or a corporation incorporated
and having its principal place of business in Canada, its chief executive
officer and not fewer than twothirds of its directors as Canadian nationals,
and not less than 75 percent of its voting interest owned and controlled
by persons otherwise meeting these requirements.
|
Existing Measures: |
Aeronautics Act, R.S.C. 1985, c. A-2
Air Regulations, C.R.C. 1978, c. 2
Aircraft Marking and Registration Regulations, SOR/90-591
|
Sector: |
Transportation |
Sub-Sector: |
Water Transportation |
Industry Classification: |
SIC 4129
SIC 4541
SIC 4542
SIC 4543
SIC 4549
SIC 4552
SIC 4553
SIC 4554
SIC 4559 |
Other Heavy Construction (limited to dredging)
Freight and Passenger Water Transport Industry
Ferry Industry
Marine Towing Industry
Other Water Transport Industries
Harbour and Port Operation Industries (limited to berthing,
bunkering and other vessel operations in a port)
Marine Salvage Industry
Piloting Service, Water Transport Industry
Other Service Industries Incidental to Water Transport
(not including landside aspects of port activities) |
Type of Reservation: |
National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Performance Requirements (Article 1106)
Senior Management and Boards of Directors (Article 1107)
|
Description: |
Cross-Border Services and Investment
Canada reserves the right to adopt or maintain any measure relating
to investment in or provision of maritime cabotage services, including:
(a) the transportation of goods or passengers by vessel between
points in the territory of Canada and in its Exclusive Economic
Zone;
(b) with respect to waters above the continental shelf, the transportation
of goods or passengers in relation to the exploration, exploitation
or transportation of the mineral or non living natural resources
of the continental shelf; and
(c) the engaging by vessel in any maritime activity of a commercial
nature in the territory of Canada and in its Exclusive Economic
Zone and, with respect to waters above the continental shelf,
in such other maritime activities of a commercial nature in relation
to the exploration, exploitation or transportation of mineral
or nonliving natural resources of the continental shelf.
This reservation relates to, among other things, local presence
requirements for service providers entitled to participate in
these activities, criteria for the issuance of a temporary cabotage
license to foreign vessels and limits on the number of cabotage
licenses issued to foreign vessels.
|
Existing Measures: |
Coasting Trade Act, S.C. 1992, c. 31
Canada Shipping Act, R.S.C. 1985, c. S-9
Customs Act, R.S.C. 1985, c. 1 (2nd Supp.)
Customs and Excise Offshore Application Act, R.S.C. 1985, c. C-53
|
Sector: |
Transportation |
Sub-Sector: |
Water Transportation |
Industry Classification: |
SIC 4541
SIC 4542
SIC 4543
SIC 4549
SIC 4551
SIC 4552
SIC 4553
SIC 4554
SIC 4559 |
Freight and Passenger Water Transport Industry
Ferry Industry
Marine Towing Industry
Other Water Transport Industries
Marine Cargo Handling Industry
Harbour and Port Operation Industries
Marine Salvage Industry
Piloting Service, Water Transport Industry
Other Service Industries Incidental to Water Transport |
Type of Reservation: |
National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Performance Requirements (Article 1106)
Senior Management and Boards of Directors (Article 1107) |
Description: |
Cross-Border Services and Investment
Canada reserves the right to adopt or maintain any measure denying
service providers or investors of the United States, or their
investments, the benefits accorded service providers or investors
of Mexico or any other country, or their investments, in sectors
or activities equivalent to those subject to Schedule of the United
States, Annex II, page II-U-9. |
Existing Measures: |
Sector: |
Transportation |
Sub-Sector:
|
Water Transportation
|
Industry Classification: |
SIC 4541
SIC 4542
SIC 4543
SIC 4549
SIC 4551
SIC 4552
SIC 4553
SIC 4554
SIC 4559 |
Freight and Passenger Water Transport Industry
Ferry Industry
Marine Towing Industry
Other Water Transport Industries
Marine Cargo Handling Industry
Harbour and Port Operation Industries
Marine Salvage Industry
Piloting Service, Water Transport Industry
Other Service Industries Incidental to Water Transport
|
Type of Reservation: |
Most-Favored-Nation Treatment (Article 1203) |
Description: |
Cross-Border Services
Canada reserves the right to adopt or maintain any measure relating
to the implementation of agreements, arrangements and other formal
or informal undertakings with other countries with respect to
maritime activities in waters of mutual interest in such areas
as pollution control (including double hull requirements for oil
tankers), safe navigation, barge inspection standards, water quality,
pilotage, salvage, drug abuse control and maritime communications.
|
Existing Measures:
|
United States Wreckers Act, R.S.C. 1985, c. U-3
Various agreements and arrangements, including:
(a) Memorandum of Arrangements on Great Lakes Pilotage;
(b) Canada-United States Joint Marine Pollution Contingency Plan;
(c) Agreement with the United States on Loran "C" Service
on the East and West Coasts; and
(d) Denmark-Canada Joint Marine Pollution Circumpolar Agreement.
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Continue on to Schedule of Mexico
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