Phase-Out:
None
Sector:
Professional, Technical and Specialized Services
Sub-Sector:
Professional Services
Industry Classification:
SIC 862 Auditing Services
Type of Reservation:
National Treatment (Article H-02)
Local Presence (Article H-05)
Level of Government:
Federal
Measures:
Bank Act, S.C. 1991, c. 46
Insurance Companies Act, S.C. 1991, c. 47
Cooperative Credit Associations Act, 1991, c. 48
Trust and Loan Companies Act, 1991, c. 45
Description:
Cross-Border Services
Banks are required to have a firm of accountants to be auditors of the bank. A firm of accountants must be qualified as set out in the Bank Act. Among the qualifications required is that two or more members of the firm must be ordinarily resident in Canada and that the member of the firm jointly designated by the firm and the bank to conduct the audit must be ordinarily resident in Canada.
An insurance company, a cooperative credit association, and a trust or loan company require an auditor who can either be a natural person or a firm of accountants. An auditor of such an institution must be qualified as set out in the Insurance Companies Act, the Cooperative Credit Associations Act or the Trust and Loan Companies Act, as the case may be. In the case where a natural person is appointed to be the auditor of such a financial institution, among the qualifications required is that the person must be ordinarily resident in Canada. In the case where a firm of accountants is appointed to be the auditor of such a financial institution, the member of the firm jointly designated by the firm and the financial institution to conduct the audit must be ordinarily resident in Canada.
Phase-Out:
None
Sector:
Transportation
Sub-Sector:
Air Transportation
Industry Classification:
SIC 451 Air Transport Industries
Type of Reservation:
National Treatment (Article G-02)
Most-Favored-Nation Treatment (Article G-03)
Senior Management and Boards of Directors (Article G-07)
Level of Government:
Federal
Measures:
Canada Transportation Act, S.C. 1996, c. 10
Aeronautics Act, R.S.C. 1985, c. A2
Air Regulations, C.R.C. 1978, c. 2
Aircraft Marking and Registration Regulations, SOR/90591
Description:
Investment
Only "Canadians" may provide the following commercial air transportation services:
1. "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);
2. "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 bilateral agreements; and
3. "nonscheduled 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.
"Canadian" is defined in the Canada Transportation Act to mean a Canadian citizen or permanent resident, a government in Canada or agent thereof or any other person or entity that is controlled in fact by, and of which at least 75 per cent of the voting interests are owned and controlled by, persons otherwise meeting these requirements.
Regulations made under the Aeronautics Act also require that a Canadian air carrier operate Canadian-registered aircraft. To be qualified to register aircraft in Canada, a carrier must be a Canadian citizen or permanent resident, or a corporation incorporated and having its principal place of business in Canada, its chief executive officer and not fewer than two-thirds of its directors as Canadian citizens or permanent residents and not less than 75 percent of its voting interest owned and controlled by persons otherwise meeting these requirements. In addition, all commercial air services in Canada require a Canadian operating certificate to ensure their safety and security. An operating certificate for the provision of servicesrestricted to Canadian carriers is issued only to qualified persons.
A corporation incorporated in Canada but that does not meet the Canadian ownership and control requirements may only register a private aircraft when the corporation is the sole owner of the aircraft. The regulations also have the effect of limiting "nonCanadian" corporations operating foreign-registered private aircraft within Canada to the carriage of their own employees.
For specialty air services, see Schedule of Canada, Annex II, page II-C-8.
Phase-Out:
None
Sector:
Transportation
Sub-Sector:
Air Transportation
Industry Classification:
SIC 4513 Non-Scheduled Air Transport, Specialty, Industry
Type of Reservation:
National Treatment (Articles G-02, H-02)
Local Presence (Article H-05)
Senior Management and Boards of Directors (Article G-07)
Level of Government:
Federal
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
Foreign Air Carrier Certification Manual, TP 11524, and the Personnel Licensing Handbook, TP 193 (Department of Transport)
As qualified by paragraph 2 of the Description element
Description:
Cross-Border Services
1. An operating certificate issued by the Department of Transport is required to provide specialty air services in the territory of Canada. The Department of Transport will issue an operating certificate to a person applying for authority to provide specialty air services, subject to compliance by that person with Canadian safety requirements. An operating certificate for the provision of aerial construction, heli-logging, aerial inspection, aerial surveillance, flight training, aerial sightseeing, and aerial spraying services is not issued to a person that is not Canadian as provided for in the applicable regulations. For Investment, see Schedule of Canada, Annex II, page II-C-8.
2. A person of Chile may obtain an operating certificate, subject to compliance by that person with Canadian safety requirements, for the provision of 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, and aerial sightseeing services.
Phase-Out:
Beginning on January 1, 2000, a person of Chile will be permitted to obtain an operating certificate, subject to compliance by that person with Canadian safety requirements, for the provision of aerial spraying services.
Sector:
Transportation
Sub-Sector:
Air Transportation
Industry Classification:
SIC 4523 Aircraft Servicing Industry
SIC 3211 Aircraft and Aircraft Parts Industry
Type of Reservation:
Most-Favored-Nation Treatment (Article H-03)
Local Presence (H-05)
Level of Government:
Federal
Measures:
Aeronautics Act, R.S.C. 1985, c. A-2
Airworthiness Manual, chapters 573 and 575, made under the authority of Air Regulations, C.R.C. 1978, c. 2
Agreement Concerning Airworthiness Certification, Exchange of Letters between Canada and the United States, dated August 31, 1984, CTS 1984/26
Description:
Cross-Border Services
Aircraft repair, overhaul or maintenance activities required to maintain the airworthiness of Canadian-registered aircraft must be performed by Canadian-certified persons (approved maintenance organizations and aircraft maintenance engineers). Certifications are not provided for persons located outside Canada, except sub-organizations of approved maintenance organizations that are themselves located in Canada.
Pursuant to an airworthiness agreement between Canada and the United States, Canada recognizes the certifications and oversight provided by the United States for all repair, overhaul and maintenance facilities and individuals performing the work located in the United States.
Phase-Out:
None
Sector:
Transportation
Sub-Sector:
Land Transportation
Industry Classification:
SIC 456 Truck Transport Industries
SIC 4572 Interurban and Rural Transit Systems Industry
SIC 4573 School Bus Operations Industry
SIC 4574 Charter and Sightseeing Bus Services Industry
Type of Reservation:
National Treatment (Article H-02)
Local Presence (Article H-05)
Measures:
Motor Vehicle Transport Act, 1987, R.S.C. 1985, c. 29 (3rd Supp.), Parts I and II
Canada Transportation Act, S.C. 1996, c.10
Customs Tariff, R.S.C. 1985, c. 41 (3rd Supp.)
Description:
Cross-Border Services
Only persons 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.
Phase-Out:
None
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 4553 Marine Salvage Industry
SIC 4559 Other Service Industries Incidental to Water Transport
Type of Reservation:
National Treatment (Article H-02)
Most-Favored-Nation Treatment (Article H-03)
Local Presence (Article H-05)
Level of Government:
Federal
Measures:
Canada Shipping Act, R.S.C. 1985, c. S-9, Part II
Description:
Cross-Border Services
To register a vessel in Canada for purposes of providing international maritime transportation services, the owner of that vessel must be:
1. a Canadian citizen or a citizen of a Commonwealth country; or
2. a corporation incorporated under the laws of, and having its principal place of business in, Canada or a Commonwealth country.
For domestic maritime transportation services (cabotage), see Schedule of Canada, Annex II, page II-C-9.
Phase-Out:
None
Sector:
Transportation
Sub-Sector: