Type of Reservation:

National Treatment (Article 903)

Local Presence (Article 907)

Measures:

Motor Vehicle Transport Act, R.S.C. 1985, c. 28 (3rd Supp.), as amended by S.C. 2001, c. 13

Canada Transportation Act, S.C. 1996, c. 10

Customs Tariff, 1997, c. 36

Description:

Cross-Border Trade in 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.

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 4559 Other Service Industries Incidental to Water Transport

CPC 721 Transport services by sea-going vessels

CPC 722 Transport services by non-sea-going vessels

CPC 74540 Vessel salvage and refloating services

CPC 74590 Other supporting services for water transport

Type of Reservation:

National Treatment (Articles 803, 903)

Local Presence (Article 907)

Measures:

Canada Shipping Act, R.S.C. 1985, c. S-9, Part I

Description:

Cross-Border Trade in Services and Investment

1. To register a ship in Canada, the owner of that ship or the person who has exclusive possession of that ship must be:

a. a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

b. a corporation incorporated under the laws of Canada or a province; or

c. when the ship 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 ship, namely:

i. a subsidiary of the corporation that is incorporated under the laws of Canada or a province,

ii. an employee or director in Canada of any branch office of the corporation that is carrying on business in Canada, or

iii. a ship management company incorporated under the laws of Canada or a province.

2. A ship registered in a foreign country which has been bareboat chartered may be listed in Canada for the duration of the charter while the ship'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; or

b. a corporation incorporated under the laws of Canada or a province.

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 4559 Other Service Industries Incidental to Water Transport

CPC 721 Transport services by sea-going vessels

CPC 722 Transport services by non-sea-going vessels

CPC 74540 Vessel salvage and refloating services

CPC 74590 Other supporting services for water transport

Type of Reservation:

National Treatment (Article 903)

Local Presence (Article 907)

Measures:

Canada Shipping Act, R.S.C. 1985, c. S-9, Part II

Marine Certification Regulations, SOR 97-391

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 ships. Such certificates may be granted only to Canadian citizens or permanent residents.

Sector:

Transportation

Sub-Sector:

Water Transportation

Industry Classification:

SIC 4554 Piloting Service, Water Transport Industry

CPC 74520 Pilotage and berthing services

Type of Reservation:

National Treatment (Article 903)

Local Presence (Article 907)

Measures:

Pilotage Act, R.S.C., 1985, c. P-14

General Pilotage Regulations, SOR/2000-132

Atlantic Pilotage Authority Regulations, C.R.C. 1978, c. 1264

Laurentian Pilotage Authority Regulations, C.R.C. 1978, c. 1268

Great Lakes Pilotage Regulations, C.R.C. 1978, c. 1266

Pacific Pilotage Regulations, C.R.C. 1978, c. 1270

Description:

Cross-Border Trade in Services

Subject to the Schedule of Canada, Annex II, at pages II-C-18-19 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 Canadian citizens or permanent residents may obtain such 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 such licence or pilotage certificate in order to retain it.

Sector:

Transportation

Sub-Sector:

Water Transportation

Industry Classification:

SIC 454 Water Transport Industry

CPC 721 Transportation services by sea-going vessels

CPC 722 Transporation services by non-sea-going vessels

Type of Reservation:

Local Presence (Article 907)

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.

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

CPC 721 Transportation services by sea­going vessels

CPC 722 Transportation services by non-sea­going vessels

Type of Reservation:

Most-Favoured-Nation Treatment (Article 904)

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 Schedule of Canada, Annex II, at pages II-C-16-17, do not apply to any vessel that is owned by the U.S. Government when used solely for the purpose of transporting goods owned by the U.S. Government from the territory of Canada to supply Distant Early Warning sites.

Sector:

All Sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National Treatment (Articles 803, 903)

Most-Favoured-Nation Treatment (Articles 804, 904)

Local Presence (Article 907)

Performance Requirements (Article 807)

Senior Management and Boards of Directors (Article 806

Measures:

All existing non-conforming measures of all provinces and territories

Description:

Cross-Border Services and Investment

Annex I. Schedule of Peru

Sector:

All Sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National Treatment (Article 803)

Measures:

Constituci6n Politica del Peru (1993), articulo 71

Decreta Legislativo N° 757, Diario Oficial "El Peruano" dell3 de noviembre de 1991, Ley Marco para el Crecimiento de la Inversion Privada, articulo 13

Description:

Investment

No foreign national, enterprise constituted under foreign law or enterprise constituted under Peruvian law, and owned in whole or part, directly or indirectly, by foreign nationals may acquire or own, directly or indirectly, by any title, land or water (including mines, forest or energy sources) located within 50 kilometers of the Peruvian border. Exceptions may be authorized by Supreme Decree approved by the Council of Ministers in conformity with law in cases of expressly declared public necessity.

For each case of acquisition or possession within the referred area, the investor shall hand in the correspondent request to the relevant Ministry, pursuant to laws in force. For example, authorizations of this kind have been given in the mining sector.

Sector:

Fishing and Services related to Fishing

Sub-Sector:

Industry Classification:

Type of Reservation:

National Treatment (Article 903)