United States - Mexico - Canada Agreement (USMCA) (2018)
Categories

Existing Measures:

Reservation II-C-9

Sector: Transportation

Sub-Sector: Water Transportation

Obligations Concerned: National Treatment (Articles 14.4 and 15.3) Most-Favored-Nation Treatment (Articles 14.5 and 15.4) Performance Requirements (Article 14.10) Senior Management Board of Directors (Article 14.11) Local Presence (Article 15.6)

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure denying a service provider or investor of the United States, or its investments, the benefits accorded to a service provider or investor of Mexico or any other country, or its investments, in sectors or activities equivalent to those subject to Schedule of the United States, Annex II, page Annex II – United States – 5.

Existing Measures:

Reservation II-C-10

Sector: Water Transportation

Sub-sector: Technical Testing and Analysis Services

Obligations Concerned: Most-Favored-Nation Treatment (Article 14.5) Local Presence (Article 15.6)

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure affecting the statutory inspection and certification of a vessel on behalf of Canada.

For greater certainty, only a person, classification society or other organization authorized by Canada may carry out statutory inspections and issue Canadian Maritime Documents to Canadian registered vessels and their equipment on behalf of Canada.

Existing Measures:

Reservation II-C-11

Sector: All Sectors

Sub-sector:

Obligations Concerned: Most-Favored-Nation Treatment (Articles 14.5 and 15.4)

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.

Canada reserves the right to adopt or maintain a measure that accords differential treatment to countries under any bilateral or multilateral agreement in force or signed after the date of entry into force of this Agreement involving:

(a) aviation;

(b) fisheries; or

(c) maritime matters, including salvage.

Existing Measures:

Reservation II-C-12

Sector: All

Sub-sector:

Obligations Concerned: Market Access (Articles 15.5)

Description: Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure that is not inconsistent with:

Canada’s obligations under Article XVI of GATS; (1) and

Canada’s Schedule of Specific Commitments under the GATS (GATS/SC/16, GATS/SC/16/Suppl.1, GATS/SC/16/Suppl.1/Rev.1, GATS/SC/16/Suppl.2, GATS/SC/16/Suppl.2/Rev.1, GATS/SC/16/ Suppl.3, GATS/SC/16/Suppl.4 and GATS/SC/16/Suppl.4/Rev.1).

For greater certainty, this entry applies to measures adopted or maintained that affect the supply of a service by a covered investment pursuant to Article 15.5 (Market Access). For purposes of this entry only, Canada’s Schedule of Specific Commitments is modified as indicated in Appendix I.

Existing Measures:

(1) For greater certainty, this includes obligations resulting from future amendments to Canada’s Schedule to Article XVI of GATS.

APPENDIX I. Canada

For the following Sectors, Canada’s obligations under Article XVI of GATS are improved as described.

Sector/Sub-sectorMarket Access Improvements
Accounting, Auditing, and Book-keeping servicesUnder Mode 1 remove: Auditing - Commercial presence requirement: Nova Scotia. - Citizenship requirement for accreditation: Manitoba and Quebec. - Permanent residence requirement for accreditation: Ontario. Under Mode 2 remove: Auditing - Commercial presence requirement: Nova Scotia. - Citizenship requirement for accreditation: Manitoba and Quebec. - Permanent residence requirement for accreditation: Ontario.
Architectural servicesUnder Mode 1 remove: Architects - Citizenship requirement for accreditation: Quebec.
Engineering servicesUnder Mode 1 remove: Consulting Engineers - Commercial presence requirement for accreditation: Manitoba. Engineers - Permanent residence requirement for accreditation: Newfoundland and Labrador, Nova Scotia. - Citizenship requirement for accreditation: Quebec. Under Mode 2 remove: Consulting Engineers - Commercial presence requirement for accreditation: Manitoba. Engineers - Permanent residence requirement for accreditation: Newfoundland and Labrador, Nova Scotia. - Citizenship requirement for accreditation: Quebec.
 Integrated engineering servicesUnder Mode 1 remove: Consulting Engineers - Commercial presence requirement for accreditation: Manitoba. Engineers - Permanent residence requirement for accreditation: Newfoundland and Labrador, Nova Scotia. - Citizenship requirement for accreditation: Quebec. Under Mode 2 remove: Consulting Engineers - Commercial presence requirement for accreditation: Manitoba. Engineers - Permanent residence requirement for accreditation: Newfoundland and Labrador, Nova Scotia. - Citizenship requirement for accreditation: Quebec.
Urban planning and landscape architectural servicesUnder Mode 1 remove: Community/ Urban Planning - Citizenship requirement for use of title: Quebec.
Real estate servicesUnder Mode 1 remove: Chartered Appraisers - Citizenship requirement for use of title: Quebec.
Management consulting servicesUnder Mode 1 remove: Agrologists - Citizenship requirement for accreditation: Quebec. Professional Administrators and Certified Management Consultants - Citizenship requirement for use of title: Quebec Professional Corporation of Administrators. Industrial Relations Counsellors - Citizenship requirement for use of title: Quebec. Under Mode 2 remove: Agrologists - Citizenship requirement for accreditation: Quebec.
Investigation and security servicesUnder Mode 3 remove: Business and Personnel Information Investigations - Foreign ownership restriction to 25 percent in total and 10 percent by any individual holding shares: Ontario.
Related scientific and technical consulting servicesUnder Mode 1 remove: Land Surveyors - Citizenship requirement for accreditation: Nova Scotia and Quebec. Subsurface Surveying Services - Citizenship requirement for accreditation: Quebec. Professional Technologist - Citizenship requirement for accreditation: Quebec. Chemists - Citizenship requirement for accreditation: Quebec. Under Mode 2 remove: Land Surveyors - Citizenship requirement for accreditation: Nova Scotia and Quebec. Subsurface Surveying Services - Citizenship requirement for accreditation: Quebec.
Other business servicesUnder Mode 1 remove: Certified Translators and Interpreters - Citizenship requirement for use of title: Quebec. Under Mode 2 remove: Certified Translators and Interpreters - Citizenship requirement for use of title: Quebec. Under Mode 3 remove: Collection Agencies - Foreign Ownership restriction to 25 percent in total and 10 percent by any individual: Ontario.
Courier servicesUnder Mode 3 remove: - Economic needs test (Criteria related to approval include: examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; the effect of new entrants on public convenience, including the continuity and quality of service, and the fitness, willingness and ability of the applicant to supply proper service.): Nova Scotia and Manitoba.
General construction work for civil engineeringUnder Mode 3 remove: Construction - An applicant and holder of a water power site development permit must be incorporated in Ontario.
Wholesale trade servicesUnder Mode 1 remove: Marketing of Fish Products (Nova Scotia): Nova Scotia residents require ministerial approval to enter into agreements with non‑residents.
Railway passenger and freight transportUnder Mode 1 remove: - cabotage limitation
Road Passenger TransportationUnder Mode 3 remove: Interurban bus transport and scheduled services:- Public convenience and needs test (Criteria related to approval include: examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; the effect of new entrants on public convenience, including the continuity and quality of service, and the fitness, willingness and ability of the applicant to supply proper service.): Prince Edward Island.
Road Freight transportationUnder Mode 3 remove: Highway freight transportation- Public convenience and needs test (Criteria related to approval include: examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; the effect of new entrants on public convenience, including the continuity and quality of service, and the fitness, willingness and ability of the applicant to supply proper service.): British Columbia, Manitoba, Ontario, Prince Edward Island, Nova Scotia.
TelecommunicationsUnder Mode 3 remove: Nova Scotia: no person may vote more than 1,000 shares of Maritime Telegraph and Telephone Ltd.

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