Part II “Aircraft Markings & Registration”;Part IV “Personnel Licensing & Training”; andPart VII “Commercial Air Services”
Description:Investment
The Canada Transportation Act, in Section 55, defines
“Canadian” in the following manner:
"... 'Canadian' means a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act, a government in Canada or an agent of such a government or a corporation or other 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 seventy-five per cent, or such lesser percentage as the Governor in Council may by regulation specify, of the voting interests are owned and controlled by Canadians..."
Regulations made under the Aeronautics Act incorporate by reference the definition of “Canadian” found in the Canada Transportation Act. 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”.
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);
“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;
“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.
“specialty air services” (include, 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).
No foreign individual may own a Canadian-registered aircraft for private use.
A corporation incorporated in Canada but that does not meet the Canadian ownership and control requirements may only register an aircraft for private use when the corporation is the sole owner of the aircraft. The Canadian Aviation Regulations also have the effect of limiting “non-Canadian” corporations operating foreign-registered private aircraft within Canada to the carriage of their own employees.
Phase-Out:None
Sector:Transportation
Sub-Sector:Air Transportation
Industry Classification:SIC 4523 Aircraft Servicing IndustrySIC 3211 Aircraft and Aircraft Parts Industry
Not CPC defined: Aircraft repair and maintenance services, as defined in the Cross-Border Trade in Services chapter.
Type of Reservation:Local Presence (Article 905)
Measures:Aeronautics Act, R.S.C. 1985, c. A-2Canadian Aviation Regulations, SOR/96-433:
Part IV “Personnel Licensing & Training”;Part V “Airworthiness”;Part VI “General Operating & Flight Rules”; andPart VII “Commercial Air Services”
Description:Cross-Border Trade in Services
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 Canadian- certified persons (i.e., 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.
Phase-Out:None
Sector:Transportation
Sub-Sector:Land Transportation
Industry Classification:SIC 456 Truck Transport IndustriesSIC 4572 Interurban and Rural Transit Systems IndustrySIC 4573 School Bus Operations IndustrySIC 4574 Charter and Sightseeing Bus Services Industry
CPC 7121 Other scheduled passenger transportation by land other than by railwayCPC 7122 Other non-scheduled passenger transportation by land other than by railwayCPC 7123 Freight transportation by land other than by railway
Type of Reservation:National Treatment (Article 902)Local Presence (Article 905)
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.
Phase-Out: None
Sector:Transportation
Sub-Sector:Water Transportation
Industry Classification:SIC 4541 Freight and Passenger Water Transport IndustrySIC 4542 Ferry IndustrySIC 4543 Marine Towing IndustrySIC 4549 Other Water Transport IndustriesSIC 4553 Salvage IndustrySIC 4559 Other Service Industries Incidental to Water Transport
CPC 721 Transport services by sea-going vesselsCPC 722 Transport services by non-seagoing vesselsCPC 74540 Vessel salvage and refloating servicesCPC 74590 Other supporting services for water transport
Type of Reservation:National Treatment (Article 803) National Treatment (Article 902) Local Presence (Article 905)
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, oriii. a ship management company incorporated under the laws of Canada or a province.
- 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:
- 1. a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; or
- 2. a corporation incorporated under the laws of Canada or a province.
Phase-Out:None
Sector:Transportation
Sub-Sector:Water Transportation
Industry Classification:SIC 4541 Freight and Passenger Water Transport IndustrySIC 4542 Ferry IndustrySIC 4543 Marine Towing IndustrySIC 4549 Other Water Transport IndustriesSIC 4553 Marine Salvage IndustrySIC 4554 Piloting Service, Water Transport IndustrySIC 4559 Other Service Industries Incidental to Water Transport
CPC 721 Transport services by sea-going vesselsCPC 722 Transport services by non-seagoing vesselsCPC 74520 Pilotage and berthing servicesCPC 74540 Vessel salvage and refloating servicesCPC 74590 Other supporting services for water transport
Type of Reservation:National Treatment (Article 902)Local Presence (Article 905)
Measures:Canada Shipping Act, R.S.C. 1985, c. S-9, Part IIMarine 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.
Phase-Out:None
Sector:Transportation
Sub-Sector:Water Transportation
Industry Classification:SIC 4554 Piloting Service, Water Transport IndustryCPC 74520 Pilotage and berthing services
Type of Reservation:National Treatment (Article 902)Local Presence (Article 905)
Measures:Pilotage Act, R.S.C., 1985, c. P-14General Pilotage Regulations, SOR/2000-132Atlantic Pilotage Authority Regulations, C.R.C. 1978, c. 1264Laurentian Pilotage Authority Regulations, C.R.C. 1978, c1268Great Lakes Pilotage Regulations, C.R.C. 1978, c. 1266Pacific 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-17-18, 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.
Phase-Out:None
Sector:Transportation
Sub-Sector:Water Transportation
Industry Classification:SIC 454 Water Transport IndustryCPC 721 Transportation services by sea-going vesselsCPC 722 Transportation services by non-sea- going vessels
Type of Reservation:Local Presence (Article 905)
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.
Phase-Out:None
Sector:Transportation
Sub-Sector:Water Transportation
Industry Classification:SIC 4541 Freight and Passenger Water Transport IndustrySIC 4542 Ferry IndustrySIC 4543 Marine Towing IndustryCPC 721 Transportation services by sea-going vesselsCPC 722 Transportation services by non-sea-going vessels
Type of Reservation:Most-Favoured-Nation Treatment (Article 903)
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-14-16, 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.
Phase-Out:None
Sector:All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation:National Treatment (Articles 803, 902)Most-Favoured Nation (Articles 804, 903)Local Presence (Article 905)Performance Requirements (Article 807)Senior Management and Boards of Directors (Article 808)
Measures:All existing non-conforming measures of all provinces and territories.
Description:Cross-Border Trade in Services and Investment
Phase-Out:None
Annex I. Schedule of Colombia
Sector:All Sectors
Subsector:
Industry Classification:
Type of Reservation:Local Presence (Article 905)
Measures:Código de Comercio, 1971 Art. 469, 471 and 474
Description:Cross-Border Trade in Services
A juridical person organized under the laws of another country, and with its principal domicile in another country, must establish as a branch in Colombia in order to develop a concession obtained from the Colombian State.
Sector:All Sector
Subsector:
Industry Classification:
Type of Reservation:National Treatment (Article 902) Performance Requirements (Article 807)
Measures:Código Sustantivo del Trabajo, 1993 Art. 74 and 75
Description:Cross-Border Trade in Services and Investment
Any employer that has more than 10 workers shall employ Colombians as part of its ordinary workforce in a proportion of no less than 90 per cent of its ordinary workers and of no less than 80 per cent of its skilled, specialized or managerial personnel or persons in a position of trust.
At the employer’s request, these proportions may be reduced when it involves essential and strictly technical workers and only for the time necessary to train Colombian workers.
Sector:All Sector
Subsector:
Industry Classification:
Type of Reservation:National Treatment (Article 803)
Measures:Decreto 2080 of 2000, Art. 26 and 27
Description:Investment
Foreign investors may make portfolio investments in securities in Colombia only through a foreign capital investment fund (fondo de inversión de capital extranjero).
Sector:All Sectors
Subsector:
Industry Classification:
Type of Reservation:National Treatment (Article 803)Senior Management and Boards of Directors (Article 808)
Measures:As set out in the Description element, including Articles 3, 11 of Ley 226 of 1995.
Description:Investment
Colombia, when selling or disposing of its equity interests in, or the assets of, an existing state enterprise or an existing governmental entity, may prohibit or impose limitations on the ownership of such interests or assets, and on the ability of owners of such interests or assets to control any resulting enterprise, by investors of Canada or of a non-Party or their investments. With respect to such a sale or other disposition, Colombia may adopt or maintain any measure relating to the nationality of senior management or members of the board of directors.
Relevant existing legislation concerning this non-conforming measure includes Ley 226 de 1995. In this respect, if Colombia decides to sell all or part of its interest in an enterprise to a person other than a Colombian state enterprise or other Colombian government entity, it shall first offer such interest exclusively, and under the conditions established in article 11of Ley 226 de 1995, to:
- 1. current, pensioned, and former employees (other than former employees terminated for just cause) of the enterprise and of other enterprises owned or controlled by the enterprise;
- 2. associations of employees and former employees of the enterprise;
- 3. employee unions;
- 4. federations and confederations of trade unions;
- 5. employee funds (“fondos de empleados”);
- 6. pension and severance funds; and
- 7. cooperative entitiesHowever, once such interest has been transferred or sold, Colombia does not reserve the right to control any subsequent transfer or other disposal of such interest.For purposes of this reservation:any measure maintained or adopted after the date of entry into force of this Agreement that, at the time of sale or other disposition, prohibits or imposes limitations on the ownership of equity interests or assets or imposes nationality requirements described in this reservation shall be deemed to be an existing measure; and"state enterprise" means an enterprise owned or controlled through ownership interests by Colombia and includes an enterprise established after the date of entry into force of this Agreement solely for the purposes of selling or disposing of equity interests in, or the assets of, an existing state enterprise or governmental entity.
- any measure maintained or adopted after the date of entry into force of this Agreement that, at the time of sale or other disposition, prohibits or imposes limitations on the ownership of equity interests or assets or imposes nationality requirements described in this reservation shall be deemed to be an existing measure; and
- "state enterprise" means an enterprise owned or controlled through ownership interests by Colombia and includes an enterprise established after the date of entry into force of this Agreement solely for the purposes of selling or disposing of equity interests in, or the assets of, an existing state enterprise or governmental entity.
Sector:All Sectors
Subsector:
Industry Classification:
Type of Reservation:Local Presence (Article 905)
Measures:Ley 915 of 2004, Art. 5
Description:Cross-Border Trade in Services
Only natural or juridical persons with their main office in the free port of San Andrés, Providencia, and Santa Catalina may supply services in this region.For greater certainty, this measure does not affect the cross- border supply of services as defined in Article 913.
Sector:Business services
Subsector:Professional Services
Industry Classification:CPC 862: Accounting, auditing and bookkeeping services
Type of Reservation:National Treatment (Article 902) Local Presence (Article 905)
Measures:Ley 43 of 1990, Art. 3 paragraph 1Resolución No. 160 of 2004, Art. 2 paragraph, and Art. 6
Description:Cross-Border Trade in Services
Only persons registered with the Junta Central de Contadores may practice as accountants. A foreign national must have been domiciled continuously in Colombia for at least three years prior to the registration request and demonstrate accounting experience carried out in Colombian territory for a period of not less than one year. This experience may be acquired while engaging in public accounting studies or thereafter.
For natural persons, the term "domiciled" means being a resident of Colombia and having the intention of remaining in Colombia.
Sector:Business services
Subsector:Research and Development Services
Industry Classification:CPC 851: Research and Development Services on Natural Sciences
Type of Reservation:National Treatment (Article 902)