Measures: Investment Canada Act, R.S.C. 1985, c. 28 (1st Supp.)
Investment Canada Regulations, SOR/85-611
Policy on Non-Resident Ownership in the Uranium Mining Sector, 1987
Description: Investment
1. Ownership by "non-Canadians", as defined in the Investment Canada Act, of a uranium mining property is limited to 49 percent at the stage of first production. Exceptions to this limit may be permitted if it can be established that the property is in fact "Canadian controlled", as defined in the Investment Canada Act.
2. Exemptions from the Non-Resident Ownership Policy in the Uranium Mining Sector are permitted, subject to approval of the Governor in Council, only in cases where Canadian participants in the ownership of the property are not available. Investments in properties by non-Canadians, made prior to December 23, 1987 and that are beyond the permitted ownership level, may remain in place. No increase in non-Canadian ownership is permitted.
3. In considering a request for an exemption from the Policy from an investor of a Party, Canada will not require that it be demonstrated that a Canadian partner cannot be found.
Reservation I-C-17
Sector: Transportation
Sub-Sector: Air Transportation
Obligations Concerned: National Treatment (Article 14.4) Most-Favored-Nation Treatment (Article 14.5) Senior Management and Board of Directors (Article 14.11)
Level of Government: Central
Measures: Canada Transportation Act, S.C. 1996, c. 10
Aeronautics Act, R.S.C. 1985, c. A-2
Canadian Aviation Regulations, SOR/96-433 Part II, Subpart 2 -“Aircraft Markings & Registration”; Part IV “Personnel Licensing & Training”; and Part VII “Commercial Air Services”
Description: Investment
1. Only Canadians may provide the following commercial transportation air services:
(a) domestic services (air services between points, or from and to the same point, in the territory of Canada, or between a point in the territory of Canada and a point not in the territory of another country);
(b) scheduled international services (scheduled air services between a point in the territory of Canada and a point in the territory of another country) where those services have been reserved to Canadian carriers under existing or future air services agreements;
(c) non-scheduled international services (non-scheduled air services between a point in the territory of Canada and a point in the territory of another country) where those services have been reserved to Canadian carriers under the Canada Transportation Act; and
(d) specialty air services including, but are not limited to: aerial mapping, aerial surveying, aerial photography, forest fire management, fire‑fighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial inspection, aerial surveillance, flight training, aerial sightseeing, and aerial crop spraying.
2. For the purposes of 1 (a), (b), and (c), the Canada Transportation Act, in section 55, defines "Canadian" in the following manner:
(a) a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, S.C. 2001, c.27;
(b) a government in Canada or an agent or mandatary of that government; or
(c) a corporation or entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least 51 percent of the voting interests are owned and controlled by Canadians and where:
(i) no more than 25 percent of the voting interests are owned directly or indirectly by any single non-Canadian, either individually or in affiliation with another person, and
(ii) no more than 25 percent of the voting interests are owned directly or indirectly by one or more non-Canadians authorized to provide an air service in any jurisdiction, either individually or in affiliation with another person;
3. Regulations made under the Aeronautics Act include distinct definitions of "Canadian" referenced in paragraphs (2) and (4). These Regulations require that a Canadian operator of commercial air services operate Canadian-registered aircraft. These Regulations require an operator to be Canadian in order to obtain a Canadian Air Operator Certificate and to qualify to register aircraft as "Canadian".
4. For the Purposes of 1 (d), the Canadian Aviation Regulations define "Canadian" in the following manner:
(a) a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
(b) a government in Canada or an agent or mandatary of that government; or
(c) a corporation or entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least 75 percent of the voting interests are owned and controlled by Canadians.
5. No foreign individual is qualified to be the registered owner of a Canadian-registered aircraft.
6. Further to the Canadian Aviation Regulations, a corporation incorporated in Canada, but that does not meet the Canadian ownership and control requirements, may only register an aircraft for private use where a significant majority of use of the aircraft (at least 60 percent) is in Canada.
7. The Canadian Aviation Regulations also have the effect of limiting foreign-registered private aircraft registered to non‑Canadian corporations to be present in Canada for a maximum of 90 days per twelve-month period. The foreign‑registered private aircraft shall be limited to private use, as would be the case for Canadian-registered aircraft requiring a private operating certificate.
Reservation I-C-18
Sector: Air Transportation
Sub-Sector: Specialty Air Services as defined in Article 15.1 (Definitions)
Obligations Concerned: National Treatment (Article 15.3) Most-Favored-Nation Treatment (Article 15.4)
Level of Government: Central
Measures: Canada Transportation Act, S.C. 1996, c. 10
Air Transportation Regulations, SOR/88-58
Canadian Aviation Regulations, SOR/96-433
Description: Cross-Border Trade in Services
Authorization from Transport Canada is required to supply a specialty air service in the territory of Canada. In determining whether to grant a particular authorization, Transport Canada will consider among other factors, whether the country in which the applicant, if an individual, is resident or, if an enterprise, is constituted or organized, provides Canadian specialty air service operators reciprocal access to supply specialty air services in that country’s territory. Any foreign service supplier authorized to supply a specialty air service is required to comply with Canadian safety requirements while supplying these services in Canada.
Reservation I-C-19
Sector: Transportation
Sub-Sector: Air Transportation
Obligations Concerned: National Treatment (Article 15.3) Most-Favored-Nation Treatment (Article 15.4) Local Presence (Article 15.6)
Level of Government: Central
Measures: Aeronautics Act, R.S.C. 1985, c. A-2
Canadian Aviation Regulations, SOR/96-433, Part IV “Personnel Licensing & Training”; Part V “Airworthiness”; Part VI “General Operating & Flight Rules”; and Part VII “Commercial Air Services”
Description: Cross-Border Trade in Services
1. Aircraft and other aeronautical product repair, overhaul or maintenance activities required to maintain the airworthiness of Canadian-registered aircraft and other aeronautical products must be performed by a person meeting Canadian aviation regulatory requirements (that is, approved maintenance organizations and aircraft maintenance engineers). A certification is not provided for persons located outside Canada, except sub-organizations of approved maintenance organizations that themselves are located in Canada.
2. Pursuant to an airworthiness agreement between Canada and the United States, Canada recognizes the certification and oversight provided by the United States for all repair, overhaul and maintenance facilities and individuals performing the work located in the United States.
Reservation I-C-20
Sector: Transportation
Sub-Sector: Land Transportation
Obligations Concerned: National Treatment (Article 15.3) Local Presence (Article 15.6)
Level of Government: Central
Measures: Motor Vehicle Transport Act, R.S.C. 1985, c. 29 (3rd Supp.), as amended by S.C. 2001, c. 13.
Canada Transportation Act, S.C. 1996, c. 10
Customs Tariff, S.C. 1997, c. 36
Description: Cross-Border Trade in Services
Only a person of Canada using Canadian-registered and either Canadian-built or duty-paid trucks or buses, may provide truck or bus services between points in the territory of Canada.
Reservation I-C-21
Sector: Transportation
Sub-Sector: Water Transportation
Obligations Concerned: National Treatment (Articles 14.4 and 15.3) Local Presence (Articles 15.6)
Level of Government: Central
Measures: Canada Shipping Act, 2001, S.C. 2001, c. 26
Description: Investment and Cross-Border Trade in Services
1. To register a vessel in Canada, the owner of that vessel or the person who has exclusive possession of that vessel must be:
(a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, S.C. 2001, c.27;
(b) a corporation incorporated under the laws of Canada or a province or territory; or
(c) when the vessel is not already registered in another country, a corporation incorporated under the laws of a country other than Canada if one of the following is acting with respect to all matters relating to the vessel, namely:
(i) a subsidiary of that corporation that is incorporated under the law of Canada or a province or territory,
(ii) an employee or director in Canada of any branch office of that corporation that is carrying on business in Canada, or
(iii) a ship management company incorporated under the law of Canada or a province or territory.
2. A vessel registered in a foreign country which has been bareboat chartered may be listed in Canada for the duration of the charter while the vessel’s registration is suspended in its country of registry, if the charterer is:
(a) a Canadian citizen or permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, S.C. 2001, c.27; or
(b) a corporation incorporated under the law of Canada or a province or territory.
Reservation I-C-22
Sector: Transportation
Sub-Sector: Water Transportation
Obligations Concerned: National Treatment (Article 15.3) Local Presence (Article 15.6)
Level of Government: Central
Measures: Canada Shipping Act, 2001, S.C. 2001, c. 26
Marine Personnel Regulations, SOR/2007-115
Description: Cross-Border Trade in Services
Masters, mates, engineers, and certain other seafarers must hold certificates granted by the Minister of Transport as a requirement of service on Canadian registered vessels. These certificates may be granted only to Canadian citizens or permanent residents.
Reservation I-C-23
Sector: Transportation
Sub-Sector: Water Transportation
Obligations Concerned: National Treatment (Article 15.3) Local Presence (Article 15.6)
Level of Government: Central
Measures: Pilotage Act, R.S.C., 1985, c. P-14
General Pilotage Regulations, SOR/2000-132
Atlantic Pilotage Authority Regulations, C.R.C., c. 1264
Laurentian Pilotage Authority Regulations, C.R.C., c. 1268
Great Lakes Pilotage Regulations, C.R.C., c. 1266
Pacific Pilotage Regulations, C.R.C., c. 1270
Description: Cross-Border Trade in Services
Subject to Canada's Reservation II-C-8, a licence or a pilotage certificate issued by the relevant regional Pilotage Authority is required to provide pilotage services in the compulsory pilotage waters of the territory of Canada. Only a Canadian citizen or permanent resident may obtain a licence or pilotage certificate. A permanent resident of Canada who has been issued a pilot's licence or pilotage certificate must become a Canadian citizen within five years of receipt of that licence or pilotage certificate in order to retain it.
Reservation I-C-24
Sector: Transportation
Sub-Sector: Water Transportation
Obligations Concerned: Most-Favored-Nation Treatment (Article 15.4)
Level of Government: Central
Measures: Coasting Trade Act, S.C. 1992, c. 31
Description: Cross-Border Trade in Services
The prohibitions under the Coasting Trade Act, set out in Canada's Reservation II-C-7, do not apply to any vessel that is owned by the Government of the United States of America, when used solely for the purpose of transporting goods owned by the Government of the United States of America from the territory of Canada to supply Distant Early Warning sites.
Reservation I-C-25
Sector: Transportation
Sub-Sector: Water Transportation Services by Sea-going and Non-sea-going Vessels
Obligations Concerned: Local Presence (Article 15.6)
Level of Government: Central
Measures: Shipping Conferences Exemption Act, 1987, R.S.C. 1985, c.17 (3rd Supp.)
Description: Cross-Border Trade in Services
Members of a shipping conference must maintain jointly an office or agency in the region of Canada where they operate. A shipping conference is an association of ocean carriers that has the purpose or effect of regulating rates and conditions for the transportation by those carriers of goods by water.
Reservation I-C-26
Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 14.4 and Article 15.3) Most-Favored-Nation Treatment (Article 14.5 and 15.4) Performance Requirements (Article 14.10) Senior Management and Boards of Directors (Article 14.11) Local Presence (Article 15.6)
Level of Government: Regional
Measures: An existing non-conforming measure of a province and territory.
Description: Investment and Cross-Border Trade in Services
ANNEX II. EXPLANATORY NOTE
1. The Schedule of a Party to this Annex sets out, pursuant to Articles 14.12 (Non-Conforming Measures) and 15.7 (Non-Conforming Measures), the specific sectors, subsectors, or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 14.4 (National Treatment) or 15.3 (National Treatment);
(b) Article 14.5 (Most-Favored-Nation Treatment) or 15.4 (Most-Favored-Nation Treatment);
(c) Article 14.10 (Performance Requirements);
(d) Article 14.11 (Senior Management and Boards of Directors);
(e) Article 15.5 (Market Access); or
(f) Article 15.6 (Local Presence).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Sub-Sector, where referenced, refers to the specific subsector for which the entry is made;
(c) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 14.12.1(a) (Non-Conforming Measures) and 15.7.1(a) (Non-Conforming Measures), do not apply to the sectors, subsectors, or activities listed in the entry;
(d) Description sets out the scope or nature of the sectors, subsectors, or activities covered by the entry to which the reservation applies; and
(e) Existing Measures identifies,for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, subsectors, or activities covered by the entry
3. For greater certainty, in the interpretation of an entry, all elements of the entry shall be considered, and the Description element prevails over all other elements.
In accordance with Articles 14.12.2 (Non-Conforming Measures) and 15.7.2 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors, and activities identified in the Description element of that entry.
ANNEX II. SCHEDULE OF MEXICO
Level of Government: Central
Description: Investment and Cross-Border Trade in Services
Mexico reserves the right to adopt or maintain any measure relating to investment in, or the supply of, gambling and betting services.
Existing Measures: