Sub-Sector: Air services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Investment: Canada reserves the right to adopt or maintain a measure with respect to investment in or operation of airports.
Cross-Border Trade in Services: Canada reserves the right to adopt or maintain a measure relating to the supply of airport operation services, as defined in Article 10.1 (Definitions), for the purpose of Chapter 10 (Cross-Border Trade in Services).
APPENDIX II. Canada
For the following Sectors, Canada’s obligations under Article XVI of GATS are improved as described.
| Sector/Sub-sector | Market Access Improvements |
| Accounting, Auditing and Book-keeping services | Under Mode 1 remove: Auditing - Commercial presence requirement: Nova Scotia. - Citizenship requirement for accreditation: Manitoba and Quebec. - Permanent residence requirement for accreditation: Ontario. Under Mode 2 remove: Auditing - Commercial presence requirement: Nova Scotia. - Citizenship requirement for accreditation: Manitoba and Quebec. - Permanent residence requirement for accreditation: Ontario. |
| Architectural services | Under Mode 1 remove: Architects - Citizenship requirement for accreditation: Quebec. |
| Engineering services | Under Mode 1 remove: Consulting Engineers - Commercial presence requirement for accreditation: Manitoba. Engineers - Permanent residence requirement for accreditation: Newfoundland and Labrador, Nova Scotia. - Citizenship requirement for accreditation: Quebec. Under Mode 2 remove: Consulting Engineers - Commercial presence requirement for accreditation: Manitoba. Engineers - Permanent residence requirement for accreditation: Newfoundland and Labrador, Nova Scotia. - Citizenship requirement for accreditation: Quebec. |
| Integrated engineering services | Under Mode 1 remove: Consulting Engineers - Commercial presence requirement for accreditation: Manitoba. Engineers - Permanent residence requirement for accreditation: Newfoundland and Labrador, Nova Scotia. - Citizenship requirement for accreditation: Quebec. Under Mode 2 remove: Consulting Engineers - Commercial presence requirement for accreditation: Manitoba. Engineers - Permanent residence requirement for accreditation: Newfoundland and Labrador, Nova Scotia. - Citizenship requirement for accreditation: Quebec. |
| Urban planning and landscape architectural services | Under Mode 1 remove: Community/ Urban Planning - Citizenship requirement for use of title: Quebec. |
| Real estate services | Under Mode 1 remove: Chartered Appraisers - Citizenship requirement for use of title: Quebec. |
| Management consulting services | Under Mode 1 remove: Agrologists - Citizenship requirement for accreditation: Quebec. Professional Administrators and Certified Management Consultants - Citizenship requirement for use of title: Quebec Professional Corporation of Administrators. Industrial Relations Counsellors - Citizenship requirement for use of title: Quebec. Under Mode 2 remove: Agrologists - Citizenship requirement for accreditation: Quebec. |
| Investigation and security services | Under Mode 3 remove: Business and Personnel Information Investigations - Foreign ownership restriction to 25 per cent in total and 10 per cent by any individual holding shares: Ontario. |
| Related scientific and technical consulting services | Under Mode 1 remove: Land Surveyors - Citizenship requirement for accreditation: Nova Scotia and Quebec. Subsurface Surveying Services - Citizenship requirement for accreditation: Quebec. Professional Technologist - Citizenship requirement for accreditation: Quebec. Chemists - Citizenship requirement for accreditation: Quebec. Under Mode 2 remove: Land Surveyors - Citizenship requirement for accreditation: Nova Scotia and Quebec. Subsurface Surveying Services - Citizenship requirement for accreditation: Quebec. |
| Other business services | Under Mode 1 remove: Certified Translators and Interpreters - Citizenship requirement for use of title: Quebec. Under Mode 2 remove: Certified Translators and Interpreters - Citizenship requirement for use of title: Quebec. Under Mode 3 remove: Collection Agencies - Foreign Ownership restriction to 25 per cent in total and 10 per cent by any individual: Ontario. |
| Courier services | Under Mode 3 remove: - Economic needs test (Criteria related to approval include: examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; the effect of new entrants on public convenience, including the continuity and quality of service, and the fitness, willingness and ability of the applicant to supply proper service.): Nova Scotia and Manitoba. |
| General construction work for civil engineering | Under Mode 3 remove: Construction - An applicant and holder of a water power site development permit must be incorporated in Ontario |
| Wholesale trade services | Under Mode 1, remove: Marketing of Fish Products (Nova Scotia): Nova Scotia residents require ministerial approval to enter into agreements with non-residents. |
| Railway passenger and freight transport | Under Mode 1, remove: - cabotage limitation |
| Road Passenger Transportation | Under Mode 3 remove: Interurban bus transport and scheduled services: - Public convenience and needs test (Criteria related to approval include: examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; the effect of new entrants on public convenience, including the continuity and quality of service, and the fitness, willingness and ability of the applicant to supply proper service.): Prince Edward Island. |
| Road Freight transportation | Under Mode 3 remove: Highway freight transportation - Public convenience and needs test (Criteria related to approval include: examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; the effect of new entrants on public convenience, including the continuity and quality of service, and the fitness, willingness and ability of the applicant to supply proper service.): British Columbia, Manitoba, Ontario, Prince Edward Island, Nova Scotia. |
| Telecommunications | Under Mode 3 remove: Nova Scotia: no person may vote more than 1,000 shares of Maritime Telegraph and Telephone Ltd. |
SCHEDULE OF CHILE
Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4)
Most-Favoured-Nation Treatment (Article 9.5)
Description: Investment
Chile reserves the right to adopt or maintain any measure relating to the ownership or control of land within five kilometres of the coastline that is used for agricultural activities. Such measure could include a requirement that the majority of each class of stock of a Chilean juridical person that seeks to own or control such land be held by Chilean persons or by persons residing in Chile for 183 days or more per year.
Existing Measures: Decree Law 1.939, Official Gazette, November 10, 1977, Rules for acquisition, administration and disposal of State owned assets, Title I (Decreto Ley 1.939, Diario Oficial, noviembre 10, 1977, Normas sobre adquisición, administración y disposición de bienes del Estado, Título I)
Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4)
Senior Management and Boards of Directors (Article 9.11)
Description: Investment
In the transfer or disposal of any interest in stock or asset held in an existing state enterprise or governmental entity, Chile reserves the right to prohibit or impose limitations on the ownership of said interest or asset and on the right of foreign investors or their investments to control any State company created thereby or investments made by the same. In connection with any such transfer or disposal, Chile may adopt or maintain any measure related to the nationality of senior management and members of the board of directors.
A “State company” (1) shall mean any company owned or controlled by Chile by means of an interest share in the ownership thereof, and it shall include any company created after the entry into force of this Agreement for the sole purpose of selling or disposing of its interest share in the capital or assets of an existing state enterprise or governmental entity.
Existing Measures:
Sector: All
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force on, or signed prior to, the date of entry into force of this Agreement.
Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.
Existing Measures:
Sector: Communications
Sub-Sector: One way satellite broadcasting of digital telecommunication services, whether these involve direct home television broadcasting, direct broadcasting of television services and direct audio broadcasting; supplementary telecommunication services; and limited telecommunication services
Obligations Concerned: National Treatment (Article 10.3)
Most-Favoured-Nation Treatment (Article 10.4)
Local Presence (Article 10.6)
Description: Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure related to cross-border trade in one way satellite broadcasting of digital telecommunication services, whether these involve direct home television broadcasting, direct broadcasting of television services and direct audio broadcasting; supplementary telecommunication services; and limited telecommunication services.
Existing Measures: Law 18.168, Official Gazette, October 2, 1982, General Telecommunications Law, Titles I, II, III, V and VI (Ley 18.168, Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones, Títulos I, II, III, V y VI)
Sector: Communications
Sub-Sector: One way satellite broadcasting of digital telecommunication services, whether these involve direct home television broadcasting, direct broadcasting of television services and direct audio broadcasting; supplementary telecommunication services; and limited telecommunication services
Obligations Concerned: National Treatment (Article 9.4)
Most-Favoured-Nation Treatment (Article 9.5)
Performance Requirements (Article 9.10)
Senior Management and Boards of Directors (Article 9.11)
Description: Investment
Chile reserves the right to adopt or maintain any measure related to the investors of another Party or to their investments in one way satellite broadcasting of digital telecommunication services, whether these involve direct home television broadcasting, direct broadcasting of television services and direct audio broadcasting; supplementary telecommunication services; and limited telecommunication services.
Existing Measures: Law 18.168, Official Gazette, October 2, 1982, General Telecommunications Law, Titles I, II, III, V and VI (Ley 18.168, Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones, Títulos I, II, III, V y VI)
Sector: Issues Involving Minorities
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Performance Requirements (Article 9.10)
Senior Management and Boards of Directors (Article 9.11)
Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities.
Existing Measures:
Sector: Issues Involving Indigenous Peoples
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Performance Requirements (Article 9.10)
Senior Management and Boards of Directors (Article 9.11)
Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure according rights or preferences to indigenous peoples.
Existing Measures:
Sector: Education
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Performance Requirements (Article 9.10)
Senior Management and Boards of Directors (Article 9.11)
Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure relating to:
(a) investors and an investment of an investor of another Party in education; and
(b) natural persons who supply educational services in Chile.
Subparagraph (b) includes teachers and auxiliary personnel supplying educational services in pre-school, kindergarten, special education, elementary, secondary or higher education, professional, technical or university education, and all other persons that supply services related to education, including sponsors of educational institutions of any kind, schools, lyceums, academies, training centres, professional and technical institutes or universities.
This reservation does not apply to investors and an investment of an investor of another Party in kindergarten, pre-school, elementary or secondary private education institutions, that do not receive public resources, or to the supply of services related to second-language training, corporate, business, and industrial training and skill upgrading, which include consulting services relating to technical support, advice, curriculum, and programme development in education.
Existing Measures:
Sector: Government Finances
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4)
Description: Investment
Chile reserves the right to adopt or maintain any measure related to the acquisition, sale or disposal by another Party’s nationals of bonds, treasury securities or any other type of debt instruments issued by the Central Bank of Chile (Banco Central de Chile) or the Government of Chile. This entry is not intended to affect the rights of another Party’s financial institutions (banks) established in Chile to acquire, sell or dispose of such instruments when required for the purposes of regulatory capital.
Existing Measures:
Sector: Fisheries
Sub-Sector: Fishing related activities
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to control the activities of foreign fishing, including fish landing, first landing of fish processed at sea and access to Chilean ports (port privileges).
Chile reserves the right to control the use of beaches, land adjacent to beaches (terrenos de playas), water-columns (porciones de agua) and sea-bed lots (fondos marinos) for the issuance of maritime concessions. For greater certainty, “maritime concessions” do not cover aquaculture.
Existing Measures: Decree Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I, II, III, IV and V (Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación Títulos I, II, III, IV y V)
D.F.L. 340, Official Gazette, April 6, 1960, about Maritime Concessions (D.F.L. 340, Diario Oficial, abril 6, 1960, sobre Concesiones Marítimas)
Supreme Decree 660, Official Gazette, November 28, 1988, Maritime Concession Act (Decreto Supremo 660, Diario Oficial, noviembre 28, 1988, Reglamento de Concesiones Marítimas)
Supreme Decree 123 of the Ministry of Economic Affairs, Development and Reconstruction, Vice-Ministry of Fishing, Official Gazette, August 23, 2004, On Use of Ports (Decreto Supremo 123 del Ministerio de Economía, Fomento y Reconstrucción, Subsecretaría de Pesca, Diario Oficial, agosto 23, 2004, Sobre Uso de Puertos)
Sector: Arts and Cultural Industries
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any existing or future bilateral or multilateral international agreement, with respect to arts and cultural industries, such as audio-visual cooperation agreements.
For greater certainty, government supported subsidy programmes for the promotion of cultural activities are not subject to the limitations or obligations of this Agreement.
For the purposes of this entry, “arts and cultural industries” includes:
(a) books, magazines, periodical publications, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing;
(b) recordings of movies or videos;
(c) music recordings in audio or video format;
(d) printed music scores or scores readable by machines;
(e) visual arts, artistic photography and new media;
(f) performing arts, including theatre, dance and circus arts; and
(g) media services or multimedia.
Existing Measures:
Sector: Entertainment, Audio-visual and Broadcasting Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Performance Requirements (Article 9.10)
Description: Investment and Cross-Border Trade in Services
Chile reserves the right to adopt or maintain any measure relating to:
(a) the organisation and presentation in Chile of concerts and musical performances;
(b) the distribution or display of movies or videos; and
(c) radio broadcasts aimed at the public in general, as well as all radio, television and cable television-related activities, satellite programming services and broadcasting networks.
Notwithstanding the above, Chile shall extend to the persons and investors of another Party, and their investments, treatment no less favourable than that Party accords persons and investors of Chile, and their investments.
Existing Measures:
Sector: Social Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Performance Requirements (Article 9.10)
Senior Management and Boards of Directors (Article 9.11)
Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services