7. Customs Act, R.S.C. 1985, c. 1 (2nd Supp.)
Duty Free Shop Regulations, SOR/86-1072
These measures set out residency and other requirements for duty free shop operations. They are reserved from the obligations imposed by Article 4 (National Treatment).
8. Cultural Property Export and Import Act, R.S.C. 1985, c. C-51
This measure sets out restrictions on foreign participation in the import or export of cultural property. This measure is reserved from the obligations imposed by Article 4 (National Treatment).
9. Patent Act, R.S.C. 1985, c. P-4 Patent Rules, SOR/96-423
These measures set out Canadian residency requirements for registered patent agents. They are reserved from the obligations imposed by Articles 4 (National Treatment) and 9 (Performance Requirements).
10. Trade-Marks Act, R.S.C. 1985, c. T-13 Trade-mark Regulations, SOR/96-195
These measures set out Canadian residency requirements for registered trademark agents. They are reserved from the obligations imposed by Articles 4 (National Treatment) and 9 (Performance Requirements).
11. Canada Petroleum Resources Act, R.S.C. 1985, c. 36 (2 nd Supp.)
Territorial Lands Act, R.S.C. 1985, c. T-7
Federal Real Property and Federal Immovables Act, S.C. 1991, c. 50
Canada-Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28
Canada Oil and Gas Land Regulations, C.R.C. 1978, c. 1518
These measures set out Canadian ownership requirements for oil and gas production licenses. They are reserved from the obligations imposed by Article 4 (National Treatment).
12. Canada Oil and Gas Production and Conservation Act, R.S.C. 1985, c. O-7, as amended by theCanada Oil and Gas Operations Act, S.C. 1992, c. 35
Canada - Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28
Canada - Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3
Measures implementing the Canada-Yukon Oil and Gas Accord Measures implementing the Northwest Territories Oil and Gas Accord
These measures deal with benefits plans required to obtain authorisations set out in these measures. They are reserved from the obligations imposed by Article 9 (Performance Requirements).
13. Canada - Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3
Hibernia Development Project Act, S.C. 1990, c. 41
These measures deal with benefits plans and performance requirements. They 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. They 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
Part II "Aircraft Identification and Registration and Operation of a Leased Aircraft by a Non-Registered Owner"
Part IV "Personnel Licensing and Training"
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. They are reserved from the obligations imposed by Article 4 (National Treatment).
16. Canada Shipping Act, 2001, S.C. 2001, c. 26
This measure sets out requirements to own a ship on the Canadian register. It is reserved from the obligations imposed by Article 4 (National Treatment).
17. Canada Shipping Act, 2001, S.C. 2001, c. 26 Marine Certification Regulations, SOR/97-391
These measures set out restrictions on the provision of services on Canadian ships by non-Canadians. They 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 and are reserved from the obligations imposed by Article 8 (Senior Management, Board of Directors and Entry of Personnel).
Illustrative Schedule of côte d'ivoire
1. Law No. 95-620 of August 3, 1995, adopting the Investment Code
Decree No. 95-712 of September 13, 1995, establishing procedures for applying the Investment Code
These measures require that an investor, to be certified as an investor in Cote d'Ivoire, produce a file that includes a commitment to employ Ivorian executives, front-line supervisors, and other workers, and to train them in accordance with the provisions governing the operation of the vocational training development fund.
2. Law No. 96-669 of August 29, 1996, adopting the Petroleum Code
This law contains provisions that require petroleum contract-holding enterprises to specify the terms and conditions for State ownership interests; to give Ivorian enterprises priority for construction work, procurement and delivery of services; to give priority to employing qualified Ivorian personnel; to give priority to allocating their commercial production of hydrocarbons to meeting the needs of the Ivorian market.
3. Law No. 95-553 of July 18, 1995, adopting the Mining Code
Some provisions of the Mining Code require Ivorian nationality for shareholding and ownership interests by juridical or natural persons, to obtain authorization to operate quarries, or to obtain authorization for artisanal or semi-industrial mining of resources under a mining tenure system. Moreover, tax exemptions applicable to material and equipment used for mining operations do not apply to the import of goods that are available or whose equivalent can be found in Côte d'Ivoire.
4. Law No. 95-05 of January 11, 1995, adopting the 1995 financial law (Article 111 of the General Income Tax Code)
These provisions grant tax exemptions to enterprises that employ nationals of Cote d'Ivoire.
5. Law No. 98-750 of December 23, 1998, respecting estate in land
These measures exclude non-Ivorian natural or juridical persons from access to rural land ownership.
6. Law No. 89-1332 of December 26, 1989, adopting the 1990 financial law (Article 146 of the General Income Tax Code)
These measures tax employers that employ expatriates, while exempting those that employ local personnel.
Attachments
Annex II
Reservations for Future Measures
Schedule of Canada
In accordance with Article 16(3) of this Agreement, Canada reserves the right to adopt or maintain any non-conforming measure 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, which 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, 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; 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;
- 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.
Schedule of côte d'ivoire
In accordance with Article 16(3) (Reservations and Exceptions) of this Agreement, Côte d'Ivoire reserves the right to adopt or maintain any non-conforming measure to the obligations set out below with respect to the following sectors or matters:
- The terms and conditions for carrying out activities relating to the harvesting and marketing of agricultural and fishery resources, where the measure does not conform with the obligations imposed by Article 4 (National Treatment) and Article 9 (Performance Requirements) of this Agreement;
- The rights and preferences accorded to enterprises in all sectors that procure services exclusively or on first consideration on the Ivorian market where they are competitive in terms of fair market price, quality and delivery, and where the measure does not conform with the obligations imposed by Article 9 (Performance Requirements);
- Requirements relating to the incorporation and operation of enterprises in the information technology and communication sectors, where the measures do not conform with the obligations imposed by Article 8 (Senior Management, Boards of Directors and Entry of Personnel) and Article 9 (Performance Requirements) of this Agreement;
- Restrictions on exporting cultural goods procured in Cote d'Ivoire, where these measures do not conform with the obligations imposed by Article 9 (Performance Requirements) of this Agreement;
- Unless these measures are applied to constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction of international trade, restrictions on exporting agri-food products required primarily to meet the needs of the people of Cote d'Ivoire, where these measures do not conform with the obligations imposed by Article 9 (Performance Requirements) of this Agreement.
Attachments
Annex III
Exceptions from Most-Favoured-Nation Treatment
1. Article 5 (Most-Favoured-Nation Treatment) does not apply to treatment accorded by a Party under a bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
2. Article 5 (Most-Favoured-Nation Treatment) does not apply to treatment accorded 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.
Attachments
Annex IV
Exclusions from Dispute Settlement
1. A decision by Canada following a review under the Investment Canada Act, is not subject to the dispute settlement provisions under Sections C (Settlement of Disputes between an Investor and the Host Party) or D (State-to-State Dispute Settlement Procedures) of this Agreement.