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NAFTA - ANNEX II Schedule of Canada
ANNEX II
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 (Article 1107)
DESCRIPTION:Investment and Cross-Border Services
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.
LEGAL CITATION OF EXISTING MEASURES:
[Constitution Act, 1982 and any
relevant legislation or policy]
=============================================================================
ANNEX II
Schedule of Canada
SECTOR: Social Services
SUB-SECTOR:
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
Senior Management (Article 1107)
DESCRIPTION: Investment and Cross-Border Services
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.
LEGAL CITATION OF EXISTING MEASURES:
=============================================================================
ANNEX II
Schedule of Canada
SECTOR: Communications
SUB-SECTOR: Telecommunications Transport Networks
and Services, Radiocommunications and
Submarine Cables
INDUSTRY CLASSIFICATION: CPC 752 Telecommunications Services
TYPE OF RESERVATION: National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103)
Senior Management (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 Value-Added Networks (CPC
752323) and Other Message Services
(CPC 752329) whose underlying
telecommunications transmission
facilities are leased from providers
of public telecommunications transport
networks.
LEGAL CITATION OF 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, R.S.C. 1985, c.T-4
Telesat Canada Act, R.S.C. 1985, c.T-6
Radiocommunication Act, R.S.C. 1985,
c.R-2; as amended by S.C.1989 c.1,
c.17
Telegraphs Act R.S.C. 1985, c.T-5
Telecommunications Policy Framework,
1987
Telecommunications Act (Bill C-62)
=============================================================================
ANNEX II
Schedule of Canada
SECTOR: Communications
SUB-SECTOR: Telecommunications Transport Networks and Services,
Radiocommunications and Submarine Cables
INDUSTRY CLASSIFICATION: CPC 752 Telecommunication Services
(not including CPC 752323
value-Added Network Service
or CPC 752329 Other Message
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
radio-communications, submarine
cables, and the provision of
telecommunications transport networks
and telecommunications transport
services. These measures 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
of telecommunications transport
networks and telecommunications
transport services, radio
communication and submarine cables, on
a cross-border basis.
Telecommunications transport services
typically involve the real-time
transmission of customer-supplied
information between two or more points
without any end-to-end 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,
radiocommunication or any other
electromagnetic means of transmission.
This reservation does not apply to
measures relating to the cross-border
provision of enhanced or value-added
services.
LEGAL CITATION OF 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; as amended by S.C. 1989, c.1,
c.17
Telegraphs Act, R.S.C. 1985, c.T-5
Telecommunications Policy Framework,
1987
Telecommunications Act (Bill C-62)
CRTC Decisions, including (85-19),
(90-3), (91-10), (91-21), (92-11),
(92-12)
=============================================================================
Annex II
Schedule of Canada
SECTOR: Government Finance
SUB-SECTOR: Securities
INDUSTRY CLASSIFICATION:
TYPE OF RESERVATION: National Treatment (Article 1102)
DESCRIPTION: Investment
Canada reserves the right to adopt or
maintain any measure relating to the
acquisition or sale or other
disposition of bonds, treasury bills,
or other kinds of debt securities
issued by the Government of Canada, a
province or local government by
nationals of another Party.
LEGAL CITATION OF EXISTING MEASURES:
Financial Administrative Act, R.S.C.,
1985, Chap. F-11
============================================================================
ANNEX II
Schedule of Canada
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 (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.
LEGAL CITATION OF EXISTING MEASURES:
None
=============================================================================
ANNEX II
Schedule of Canada
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 (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
2/3 of its directors as Canadian
nationals, and not less than 75% of
its voting interest owned and
controlled by persons otherwise
meeting these requirements.
LEGAL CITATION OF EXISTING MEASURES:
Aeronautics Act, R.S.C., 1985, c. A-2
Air Regulations, C.R.C., Vol.I, c.2
Air Regulations Series 2, No.2
(Aircraft Marking and Registration
Regulations), SOR/90-591
=============================================================================
ANNEX II
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Water Transportation
INDUSTRY CLASSIFICATION: SIC 4541 Freight and Passenger Water
Transport Industry
SIC 4542 Ferry Industry
SIC 4543 Marine Towing Industry
SIC 4549 Other Water Transport
Industries
SIC 4552 Harbour and Port Operation
Industries
SIC 4553 Marine Salvage Industry
SIC 4554 Piloting Service, Water
Transport Industry
SIC 4559 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 (Article 1107)
DESCRIPTION: Cross-Border Services and Investment
Canada reserves the right to adopt or
maintain any measure relating to the
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 the Exclusive Economic Zone;
(b) with respect to waters above the
continental shelf, the
transportation of goods 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 the 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 non-
living 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, the criteria for the
issuance of a temporary cabotage
license to foreign vessels, and limits
on the number of cabotage licenses
issued to foreign vessels.
LEGAL CITATION OF 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
=============================================================================
ANNEX II
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Water Transportation
INDUSTRY CLASSIFICATION: SIC 4541 Freight and Passenger Water
Transport Industry
SIC 4542 Ferry Industry
SIC 4543 Marine Towing Industry
SIC 4549 Other Marine Transport
Industries
SIC 4551 Marine Cargo Handling
Industry
SIC 4552 Harbour and Port
OperationIndustry
SIC 4553 Marine Salvage Industry
SIC 4554 Piloting Service, Water
Transport Industry
SIC 4559 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 (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 equivalent to those subject to
the maritime services reservation
inscribed in page II-U-8.
LEGAL CITATION OF EXISTING MEASURES: None
=============================================================================
ANNEX II
Schedule of Canada
SECTOR: Transportation
SUB-SECTOR: Water Transportation
INDUSTRY CLASSIFICATION: SIC 4541 Freight and Passenger Water
Transport Industry
SIC 4542 Ferry Industry
SIC 4543 Marine Towing Industry
SIC 4549 Other Marine Transport
Industries
SIC 4551 Marine Cargo Handling
Industry
SIC 4552 Harbour and Port Operation
Industry
SIC 4553 Marine Salvage Industry
SIC 4554 Piloting Service, Water
Transport Industry
SIC 4559 Other Service Industries
Incidental to Water
Transport
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 the
implemention 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.
LEGAL CITATION OF EXISTING MEASURES:
United States Wreckers Act, R.S.C.
1985, c. U-3
Various Agreements and Arrangements,
including:
(a) Memorandum or Arrangement on
Great Lakes Pilotage;
(b) Canada-United-States Joint Marine
Pollution Circumpolar Agreement;
(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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