These measures are reserved from the obligations imposed by Article 9 (Performance Requirements).
14. Investment Canada Act, R.S.C. 1985, c. 28 (1 st Supp.)
Investment Canada Regulations, SOR/85-611
Non-Resident Ownership Policy in the Uranium Mining Sector, 1987
These measures deal with non-resident ownership in the uranium mining sector. These measures are reserved from the obligations imposed by Articles 4 (National Treatment) and 5 (Most-Favoured-Nation Treatment).
15. 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 Aircraft Identification and Registration and Operation of a Leased Aircraft by a Non-registered Owner, Part VII Commercial air services
These measures set out restrictions on non-Canadians wishing to register or operate Canadian aircraft or to provide air services in Canada. These measures are reserved from the obligations imposed by Article 4 (National Treatment).
16. Canada Shipping Act, S.C. 2001, c. 26
This measure sets out requirements to own a ship on the Canadian register. This measure is reserved from the obligations imposed by Article 4 (National Treatment).
17. Canada Shipping Act, S.C. 2001, c. 26
Marine Personnel Regulations,SOR/2007-115
These measures set out restrictions on the provision of services on Canadian ships by non-Canadians. These measures are reserved from the obligations imposed by Article 8 (Senior Management, Board of Directors and Entry of Personnel).
18. 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
These measures set out restrictions on non-Canadians in relation to pilotage. These measures are reserved from the obligations imposed by Article 8 (Senior Management, Board of Directors and Entry of Personnel).
Annex I . Indicative Schedule of Mali
1. Investments Code, Law No. 2012-016/ February 27, 2012, concerning the Investments Code (Code des Investissements du Mali, Loi n 2012-016/27 fevrier 2012, portant code des investissements du Mali)
This document describes the investment incentives put in place by Mali to attract foreign and local investors, and defines the various investment regimes that give entitlement to exemptions under certain criteria, such as job creation, exploitation of local raw materials, locating in areas outside the capital, and so on.
2. Customs Code (Code douanier)
These measures govern the rules and laws applicable to customs matters in force in Mali.
3. Mining Code (Code minier)
These measures govern the activities of mining firms doing business in Mali, from exploration to exploitation.
4. Tourism Law (Loi touristique)
These measures govern the activities of tourism firms in Mali.
5. Real Estate Law (Loi pour la promotion immobiliere)
These measures govern the activities of real estate firms doing business in Mali. The restrictions mainly affect real estate agencies, which are required to deposit a guarantee with the State treasury.
6. Land Ownership Code (Code domanial)
These measures govern public and private land ownership in Mali, applying to land owned by residents and expatriates.
7. Labour Code (Code du travail)
These measures govern the rules of the labour market in Mali.
8. Civil, commercial and social procedures Code (Code des procedures civiles, commerciales et sociales)
These measures govern the activities of firms doing business in all sectors of activity in Mali.
9. OHADA
These measures govern commercial law in Mali, in conformity with the recommendations of regional institutions.
10. Public Contracting Code (Code des marches publics)
These measures govern the rules and practices regarding the award of public contracts.
11. Commercial Code (Code du commerce)
These measures govern the rules and practices in effect in the commercial sector in Mali.
12. Private Section Orientation Law (Loi d'orientation du secteur prive)
These measures are aimed at promoting the private sector while contributing to improvement of the business environment in Mali. This law complies with the Loi d'orientation agricole (LOA) [Agricultural orientation law].
13. Agricultural Orientation Law (Loi d'orientation agricole (LOA))
These measures are aimed at promoting the agricultural sector in Mali by setting rules for participation in this sector of activity.
14. Petroleum Law (Loi petroliere)
These measures are aimed at regulating and promoting the petroleum sector in Mali by defining the rules governing this sector of activity.
Annex II . Reservations for Future Measures
Annex II . Schedule of Canada
In accordance with Article 16(3) (Reservations and Exceptions) of this Agreement, Canada reserves the right to adopt or maintain any measure that does not conform to the obligations set out below with respect to the following sectors or matters:
Social services (i.e. public law enforcement; correctional services; income security or insurance; social security or insurance; social welfare; public education; public training; health and child care), where the measure does not conform with the obligations imposed by Article 4 (National Treatment) or Article 8 (Senior Management, Boards of Directors and Entry of Personnel) of this Agreement;
The rights or preferences provided to aboriginal peoples, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 5 (Most-Favoured-Nation Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements) of this Agreement;
The rights or preferences provided to socially or economically disadvantaged minorities, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements) of this Agreement;
Residency requirements for ownership of oceanfront land, where the measure does not conform with the obligations imposed by Article 4 (National Treatment) of this Agreement;
Government securities (i.e. acquisition, sale or other disposition by nationals of the other Party of bonds, treasury bills or other kinds of debt securities issued by the Government of Canada, a province or local government), where the measure does not conform with the obligations imposed by Article 4 (National Treatment) of this Agreement;
Maritime cabotage, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 5 (MostFavoured-Nation Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements) of this Agreement. Maritime cabotage means (a) the transportation of either goods or passengers by ship between points in the territory of Canada or above the continental shelf of Canada, either directly or by way of a place outside Canada; but with respect to waters above the continental shelf of Canada, the transportation of either goods or passengers only in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada; and (b) the engaging by ship in any other marine activity of a commercial nature in the territory of Canada and, with respect to waters above the continental shelf of Canada, in such other marine activities of a commercial nature that are in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada;
Licensing fishing or fishing-related activities, including entry of foreign fishing vessels to Canada's exclusive economic zone, territorial sea, internal waters or ports and use of any services therein, where the measure does not conform with the obligations imposed by Article 4 (National Treatment) or Article 5 (Most-Favoured-Nation Treatment) of this Agreement;
Telecommunications services, where the measure does not conform with the obligations imposed by Article 4 (National Treatment) or Article 8 (Senior Management, Boards of Directors and Entry of Personnel) of this Agreement, by limiting foreign investment in facilities-based telecommunications service suppliers, requiring that such service suppliers be controlled in fact by a Canadian, requiring that at least 80 percent of the members of the board of directors of such suppliers be Canadian, and imposing cumulative foreign investment level restrictions; and
The establishment or acquisition in Canada of an investment in the services sector, where the measure does not conform with the obligations imposed by Article 4 (National Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance Requirements) of this Agreement, provided that the measure is consistent with Canada's obligations under Articles II, XVI, XVII and XVIII of the WTO General Agreement on Trade in Services.
Annex II . Schedule of Mali
In accordance with Article 16(3) (Reservations and Exceptions) of this agreement, Mali reserves the right to adopt or maintain any measure that does not conform to the obligations set out below in respect to the following sectors or matters:
Investments regarding cultural assets and heritage, where the measure does not comply with the obligations imposed by Article 4 (National Treatment);
Government securities, namely, the acquisition, sale or other form of disposal by nationals of the other Party, of bonds, treasury bills or other debt instruments issued by the Government of Mali, where the measure does not comply with the obligations imposed by Article 4 (National Treatment) of this Agreement;
Telecommunications services, in connection with the enforcement of measures that Mali deems necessary in applying Article 17(4)(b), where the measure does not comply with the obligations imposed by Article 4 (National Treatment);
Establishment or acquisition in Mali of an investment in the services sector, where the measure does not comply with the obligations imposed by Article 4 (National Treatment), Article 8 (Senior Management, Boards of Directors and Entry of Personnel) or Article 9 (Performance requirements) of this Agreement, provided that the measure is consistent with Mali's obligations under Articles II, XVI, XVII and XVIII of the WTO General Agreement on Trade in Services.
Annex III . Exceptions from Most-Favoured-Nation Treatmen
1. Article 5 (Most-Favoured-Nation Treatment) does not apply to treatment accorded under bilateral or multilateral international agreements in force or signed prior to January 1, 1994.
2. Article 5 (Most-Favoured-Nation Treatment) does not apply to treatment by a Party under an existing or future bilateral or multilateral agreement:
(a) establishing, strengthening or expanding a free trade area or customs union; or
(b) relating to:
(i) aviation;
(ii) fisheries; or
(iii) maritime matters, including salvage.
3. With respect to Mali, Article 5 (Most-Favoured-Nation Treatment) does not apply to treatment accorded by Mali under to an existing or future bilateral or multilateral agreement relating to road, rail and inland waterway transportation.
Annex IV . Exclusions from Dispute Settlement
A decision by Canada following a review under the Investment Canada Act is not be subject to the dispute settlement provisions under Section C (Settlement of Disputes between an Investor and the Host Party) or Section D (State-to-State Dispute Settlement Procedures) of this Agreement.