Canada - EU CETA (2016)
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commercial goods or services means goods or services of a type generally sold or offered for sale in the commercial marketplace to, and customarily purchased by, non-governmental buyers for non-governmental purposes;

construction service means a service that has as its objective the realisation by whatever means of civil or building works, based on Division 51 of the United Nations Provisional Central Product Classification (CPQ);

electronic auction means an iterative process that involves the use of electronic means for the presentation by suppliers of either new prices, or new values for quantifiable non-price elements of the tender related to the evaluation criteria, or both, resulting in a ranking or re-ranking of tenders;

in writing or written means any worded or numbered expression that can be read, reproduced and later communicated. It may include electronically transmitted and stored information;

limited tendering means a procurement method whereby the procuring entity contacts a supplier or suppliers of its choice;

measure means any law, regulation, procedure, administrative guidance or practice, or any action of a procuring entity relating to a covered procurement;

multi-use list means a list of suppliers that a procuring entity has determined satisfy the conditions for participation in that list, and that the procuring entity intends to use more than once;

notice of intended procurement means a notice published by a procuring entity inviting interested suppliers to submit a request for participation, a tender, or both;

offset means any condition or undertaking that encourages local development or improves a Party's balance-of- payments accounts, such as the use of domestic content, the licensing of technology, investment, counter-trade and similar action or requirement;

open tendering means a procurement method whereby all interested suppliers may submit a tender; person means "person" as defined in Article 1.1 (Definitions of general application);

procuring entity means an entity covered under Annexes 19-1, 19-2 or 19-3 of a Party's Market Access Schedule for this Chapter;

qualified supplier means a supplier that a procuring entity recognises as having satisfied the conditions for participation;

selective tendering means a procurement method whereby only qualified suppliers are invited by the procuring entity to submit a tender;

services includes construction services, unless otherwise specified;

standard means a document approved by a recognised body that provides for common and repeated use, rules, guidelines or characteristics for goods or services, or related processes and production methods, with which compliance is not mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a good, service, process or production method;

supplier means a person or group of persons that provides or could provide goods or services; and technical specification means a tendering requirement that:

(a) lays down the characteristics of a good or a service to be procured, including quality, performance, safety and dimensions, or the processes and methods for their production or provision; or

(b) addresses terminology, symbols, packaging, marking or labelling requirements, as they apply to a good or a service.

Article 19.2. Scope and Coverage

Application of this Chapter

1. This Chapter applies to any measure relating to a covered procurement, whether or not it is conducted exclusively or partially by electronic means.

2. For the purposes of this Chapter, covered procurement means procurement for governmental purposes:

(a) of a good, a service, or any combination thereof:

(i) as specified in each Party's Annexes to its Market Access Schedule for this Chapter; and

(ii) not procured with a view to commercial sale or resale, or for use in the production or supply of a good or a service for commercial sale or resale;

(b) by any contractual means, including: purchase; lease; and rental or hire purchase, with or without an option to buy;

(c) for which the value, as estimated in accordance with paragraphs 6 through 8, equals or exceeds the relevant threshold specified in a Party's Annexes to its Market Access Schedule for this Chapter, at the time of publication of a notice in accordance with Article 19.6;

(d) by a procuring entity; and

(e) that is not otherwise excluded from coverage in paragraph 3 or a Party's Annexes to its Market Access Schedule for this Chapter.

3. Except as otherwise provided in a Party's Annexes to its Market Access Schedule for this Chapter, this Chapter does not apply to:

(a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon;

(b) non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees and fiscal incentives;

(c) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities;

(d) public employment contracts;

(e) procurement conducted:

(i) for the specific purpose of providing international assistance, including development aid;

(ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or

(iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans or other assistance if the applicable procedure or condition would be inconsistent with this Chapter.

4. A procurement subject to this Chapter shall be all procurement covered by the Market Access Schedules of Canada and the European Union, in which each Party's commitments are set out as follows:

(a) in Annex 19-1, the central government entities whose procurement is covered by this Chapter;

(b) in Annex 19-2, the sub-central government entities whose procurement is covered by this Chapter; (c) in Annex 19-3, all other entities whose procurement is covered by this Chapter;

(d) in Annex 19-4, the goods covered by this Chapter;

(e) in Annex 19-5, the services, other than construction services, covered by this Chapter;

(f) in Annex 19-6, the construction services covered by this Chapter;

(g) in Annex 19-7, any General Notes; and

(h) in Annex 19-8, the means of publication used for this Chapter.

5. If a procuring entity, in the context of covered procurement, requires a person not covered under a Party's Annexes to its Market Access Schedule for this Chapter to procure in accordance with particular requirements, Article 19.4 shall apply mutatis mutandis to such requirements.

Valuation

6. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:

(a) neither divide a procurement into separate procurements nor select or use a particular valuation method for estimating the value of a procurement with the intention of totally or partially excluding it from the application of this Chapter; and

(b) include the estimated maximum total value of the procurement over its entire duration, whether awarded to one or more suppliers, taking into account all forms of remuneration, including:

(i) premiums, fees, commissions and interest; and

(ii) if the procurement provides for the possibility of options, the total value of such options.

7. If an individual requirement for a procurement results in the award of more than one contract, or in the award of contracts in separate parts ("recurring contracts") the calculation of the estimated maximum total value shall be based on:

(a) the value of recurring contracts of the same type of good or service awarded during the preceding 12 months or the procuring entity's preceding fiscal year, adjusted, if possible, to take into account anticipated changes in the quantity or value of the good or service being procured over the following 12 months; or

(b) the estimated value of recurring contracts of the same type of good or service to be awarded during the 12 months following the initial contract award or the procuring entity's fiscal year.

8. In the case of procurement by lease, rental or hire purchase of a good or a service, or procurement for which a total price is not specified, the basis for valuation shall be:

(a) in the case of a fixed-term contract:

(i) if the term of the contract is 12 months or less, the total estimated maximum value for its duration; or

(ii) if the term of the contract exceeds 12 months, the total estimated maximum value, including any estimated residual value;

(b) if the contract is for an indefinite period, the estimated monthly instalment multiplied by 48; and

(c) if it is not certain whether the contract is to be a fixed-term contract, subparagraph (b) shall be used.

Article 19.3. Security and General Exceptions

1. Nothing in this Chapter shall be construed to prevent a Party from taking any action or from not disclosing any information that it considers necessary for the protection of its essential security interests relating to the procurement:

(a) of arms, ammunition (1) or war material;

(b) or to procurement indispensable for national security; or

(c) for national defence purposes.

2. Subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between Parties where the same conditions prevail or a disguised restriction on international trade, nothing in this Chapter shall be construed to prevent a Party from imposing or enforcing measures:

(a) necessary to protect public morals, order or safety;

(b) necessary to protect human, animal or plant life or health;

(c) necessary to protect intellectual property; or

(d) relating to goods or services of persons with disabilities, of philanthropic institutions or of prison labour.

(1) The expression "ammunition" in this Article is considered equivalent to the expression "munitions".

Article 19.4. General Principles

Non-Discrimination

1. With respect to any measure regarding covered procurement, each Party, including its procuring entities, shall accord immediately and unconditionally to the goods and services of the other Party and to the suppliers of the other Party offering such goods or services, treatment no less favourable than the treatment the Party, including its procuring entities, accords to its own goods, services and suppliers. For greater certainty, such treatment includes:

(a) within Canada, treatment no less favourable than that accorded by a province or territory, including its procuring entities, to goods and services of, and to suppliers located in, that province or territory; and

(b) within the European Union, treatment no less favourable than that accorded by a Member State or a sub-central region of a Member State, including its procuring entities, to goods and services of, and suppliers located in, that Member State or sub-central region, as the case may be.

2. With respect to any measure regarding covered procurement, a Party, including its procuring entities, shall not:

(a) treat a locally established supplier less favourably than another locally established supplier on the basis of the degree of foreign affiliation or ownership; or

(b) discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of the other Party.

Use of Electronic Means

3. When conducting covered procurement by electronic means, a procuring entity shall:

(a) ensure that the procurement is conducted using information technology systems and software, including those related to authentication and encryption of information, that are generally available and interoperable with other generally available information technology systems and software; and

(b) maintain mechanisms that ensure the integrity of requests for participation and tenders, including establishment of the time of receipt and the prevention of inappropriate access.

Conduct of Procurement

4. A procuring entity shall conduct covered procurement in a transparent and impartial manner that:

(a) is consistent with this Chapter, using methods such as open tendering, selective tendering and limited tendering;

(b) avoids conflicts of interest; and

(c) prevents corrupt practices.

Rules of Origin

5. For the purposes of covered procurement, a Party shall not apply rules of origin to goods or services imported from or supplied from the other Party that are different from the rules of origin the Party applies at the same time in the normal course of trade to imports or supplies of the same goods or services from the same Party.

Offsets

6. With regard to covered procurement, a Party, including its procuring entities, shall not seek, take account of, impose or enforce any offset.

Measures Not Specific to Procurement

7. Paragraphs 1 and 2 shall not apply to: customs duties and charges of any kind imposed on, or in connection with, importation; the method of levying such duties and charges; other import regulations or formalities and measures affecting trade in services other than measures governing covered procurement.

Article 19.5. Information on the Procurement System

1. Each Party shall:

(a) promptly publish any law, regulation, judicial decision, administrative ruling of general application, standard contract clause mandated by law or regulation and incorporated by reference in notices or tender documentation and procedure regarding covered procurement, and any modifications thereof, in an officially designated electronic or paper medium that is widely disseminated and remains readily accessible to the public; and

(b) provide an explanation thereof to the other Party, on request.

2. Each Party shall list, in Annex 19-8 of its Market Access Schedule:

(a) the electronic or paper media in which the Party publishes the information described in paragraph 1;

(b) the electronic or paper media in which the Party publishes the notices required by Articles 19.6, 19.8.7 and 19.15.2; and

(c) the website address or addresses where the Party publishes: (i) its procurement statistics pursuant to Article 19.15.5; or (ii) its notices concerning awarded contracts pursuant to Article 19.15.6.

3. Each Party shall promptly notify the Committee on Government Procurement of any modification to the Party's information listed in Annex 19-8. Article 19.6

Notices

Notice of Intended Procurement

1. For each covered procurement a procuring entity shall publish a notice of intended procurement, except in the circumstances described in Article 19.12.

All the notices of intended procurement shall be directly accessible by electronic means free of charge through a single point of access subject to paragraph 2. The notices may also be published in an appropriate paper medium that is widely disseminated and those notices shall remain readily accessible to the public, at least until expiration of the time- period indicated in the notice.

The appropriate paper and electronic medium is listed by each Party in Annex 19-8.

2. A Party may apply a transitional period of up to 5 years from the date of entry into force of this Agreement to entities covered by Annexes 19-2 and 19-3 that are not ready to participate in a single point of access referred to in paragraph 1. Those entities shall, during such transitional period, provide their notices of intended procurement, if accessible by electronic means, through links in a gateway electronic site that is accessible free of charge and listed in Annex 19-8.

3. Except as otherwise provided in this Chapter, each notice of intended procurement shall include:

(a) the name and address of the procuring entity and other information necessary to contact the procuring entity and obtain all relevant documents relating to the procurement, and their cost and terms of payment, if any;

(b) a description of the procurement, including the nature and the quantity of the goods or services to be procured or, if the quantity is not known, the estimated quantity;

(c) for recurring contracts, an estimate, if possible, of the timing of subsequent notices of intended procurement;

(d) a description of any options;

(e) the time-frame for delivery of goods or services or the duration of the contract;

(f) the procurement method that will be used and whether it will involve negotiation or electronic auction;

(g) if applicable, the address and any final date for the submission of requests for participation in the procurement;

(h) the address and the final date for the submission of tenders;

(i) the language or languages in which tenders or requests for participation may be submitted, if they may be submitted in a language other than an official language of the Party of the procuring entity;

(j) a list and brief description of any conditions for participation of suppliers, including any requirements for specific documents or certifications to be provided by suppliers in connection therewith, unless such requirements are included in tender documentation that is made available to all interested suppliers at the same time as the notice of intended procurement;

(k) if, pursuant to Article 19.8, a procuring entity intends to select a limited number of qualified suppliers to be invited to tender, the criteria that will be used to select them and, if applicable, any limitation on the number of suppliers that will be permitted to tender; and

(l) an indication that the procurement is covered by this Chapter.

Summary Notice

4. For each case of intended procurement, a procuring entity shall publish a summary notice that is readily accessible, at the same time as the publication of the notice of intended procurement, in English or French. The summary notice shall contain at least the following information:

(a) the subject-matter of the procurement;

(b) the final date for the submission of tenders or, if applicable, any final date for the submission of requests for participation in the procurement or for inclusion on a multi-use list; and

(c) the address from which documents relating to the procurement may be requested.

Notice of Planned Procurement

5. Procuring entities are encouraged to publish in the appropriate electronic, and, if available, paper medium listed in Annex 19-8 as early as possible in each fiscal year a notice regarding their future procurement plans ("notice of planned procurement"). The notice of planned procurement shall also be published in the single point of access site listed in Annex 19-8, subject to paragraph 2. The notice of planned procurement should include the subject-matter of the procurement and the planned date of the publication of the notice of intended procurement.

6. A procuring entity covered under Annexes 19-2 or 19-3 may use a notice of planned procurement as a notice of intended procurement provided that the notice of planned procurement includes as much of the information referred to in paragraph 3 as is available to the entity and a statement that interested suppliers should express their interest in the procurement to the procuring entity.

Article 19.7. Conditions for Participation

1. A procuring entity shall limit any conditions for participation in a procurement to those that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake the relevant procurement.

2. In establishing the conditions for participation, a procuring entity:

(a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of a Party;

(b) may require relevant prior experience if essential to meet the requirements of the procurement; and (c) shall not require prior experience in the territory of the Party to be a condition of the procurement.

3. In assessing whether a supplier satisfies the conditions for participation, a procuring entity:

(a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and

(b) shall base its evaluation on the conditions that the procuring entity has specified in advance in notices or tender documentation.

4. If there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as:

(a) bankruptcy;

(b) false declarations;

(c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts;

(d) final judgments in respect of serious crimes or other serious offences;

(e) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or

(f) failure to pay taxes.

Article 19.8. Qualification of Suppliers

Registration Systems and Qualification Procedures

1. A Party, including its procuring entities, may maintain a supplier registration system under which interested suppliers are required to register and provide certain information.

  • Chapter   ONE General Definitions and Initial Provisions 1
  • Section   A General Definitions 1
  • Article   1.1 Definitions of General Application 1
  • Article   1.2 Party-specific Definitions 1
  • Article   1.3 Geographical Scope of Application 1
  • Section   B Initial Provisions 1
  • Article   1.4 Establishment of a Free Trade Area 1
  • Article   1.5 Relation to the WTO Agreement and other Agreements 1
  • Article   1.6 Reference to other Agreements 1
  • Article   1.7 Reference to Laws 1
  • Article   1.8 Extent of Obligations 1
  • Article   1.9 Rights and Obligations Relating to Water 1
  • Article   1.10 Persons Exercising Delegated Governmental Authority 1
  • Chapter   TWO National Treatment and Market Access for Goods 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Reduction and Elimination of Customs Duties on Imports 1
  • Article   2.5 Restriction on Duty Drawback, Duty Deferral and Duty Suspension Programs 1
  • Article   2.6 Duties, Taxes or other Fees and Charges on Exports 2
  • Article   2.7 Standstill 2
  • Article   2.8 Temporary Suspension of Preferential Tariff Treatment 2
  • Article   2.9 Fees and other Charges 2
  • Article   2.10 Goods Re-entered after Repair or Alteration 2
  • Article   2.11 Import and Export Restrictions 2
  • Article   2.12 Other Provisions Related to Trade In Goods 2
  • Article   2.13 Committee on Trade In Goods 2
  • Chapter   THREE Trade Remedies 2
  • Section   A Anti-dumping and Countervailing Measures 2
  • Article   3.1 General Provisions Concerning Anti-dumping and Countervailing Measures 2
  • Article   3.2 Transparency 2
  • Article   3.3 Consideration of Public Interest and Lesser Duty 2
  • Section   B Global Safeguard Measures 2
  • Article   3.4 General Provisions Concerning Global Safeguard Measures 2
  • Article   3.5 Transparency 2
  • Article   3.6 Imposition of Definitive Measures 2
  • Section   C General Provisions 2
  • Article   3.7 Exclusion from Dispute Settlement 2
  • Chapter   FOUR Technical Barriers to Trade 2
  • Article   4.1 Scope and Definitions 2
  • Article   4.2 Incorporation of the TBT Agreement 2
  • Article   4.3 Cooperation 2
  • Article   4.4 Technical Regulations 2
  • Article   4.5 Conformity Assessment 2
  • Article   4.6 Transparency 2
  • Article   4.7 Management of the Chapter 2
  • Chapter   FIVE Sanitary and Phytosanitary Measures 2
  • Article   5.1 Definitions 2
  • Article   5.2 Objectives 2
  • Article   5.3 Scope 3
  • Article   5.4 Rights and Obligations 3
  • Article   5.5 Adaptation to Regional Conditions 3
  • Article   5.6 Equivalence 3
  • Article   5.7 Trade Conditions 3
  • Article   5.8 Audit and Verification 3
  • Article   5.9 Export Certification 3
  • Article   5.10 Import Checks and Fees 3
  • Article   5.11 Notification and Information Exchange 3
  • Article   5.12 Technical Consultations 3
  • Article   5.13 Emergency SPS Measures 3
  • Article   5.14 Joint Management Committee for Sanitary and Phytosanitary Measures 3
  • Chapter   SIX Customs and Trade Facilitation 3
  • Article   6.1 Objectives and Principles 3
  • Article   6.2 Transparency 3
  • Article   6.3 Release of Goods 3
  • Article   6.4 Customs Valuation 3
  • Article   6.5 Classification of Goods 3
  • Article   6.6 Fees and Charges 3
  • Article   6.7 Risk Management 3
  • Article   6.8 Automation 3
  • Article   6.9 Advance Rulings 3
  • Article   6.10 Review and Appeal 3
  • Article   6.11 Penalties 3
  • Article   6.12 Confidentiality 3
  • Article   6.13 Cooperation 3
  • Article   6.14 Joint Customs Cooperation Committee 4
  • Chapter   SEVEN Subsidies 4
  • Article   7.1 Definition of a Subsidy 4
  • Article   7.2 Transparency 4
  • Article   7.3 Consultations on Subsidies and Government Support In Sectors other Than Agriculture and Fisheries 4
  • Article   7.4 Consultations on Subsidies Related to Agricultural Goods and Fisheries Products 4
  • Article   7.5 Agriculture Export Subsidies 4
  • Article   7.6 Confidentiality 4
  • Article   7.7 Exclusion of Subsidies and Government Support for Audio-visual Services and Cultural Industries 4
  • Article   7.8 Relationship with the WTO Agreement 4
  • Article   7.9 Dispute Settlement 4
  • Chapter   EIGHT Investment 4
  • Section   A Definitions and Scope 4
  • Article   8.1 Definitions 4
  • Article   8.2 Scope 4
  • Article   8.3 Relation to other Chapters 4
  • Section   B Establishment of Investments 4
  • Article   8.4 Market Access 4
  • Article   8.5 Performance Requirements 4
  • Section   C Non-discriminatory Treatment 5
  • Article   8.6 National Treatment 5
  • Article   8.7 Most-favoured-nation Treatment 5
  • Article   8.8 Senior Management and Boards of Directors 5
  • Section   D Investment Protection 5
  • Article   8.9 Investment and Regulatory Measures 5
  • Article   8.10 Treatment of Investors and of Covered Investments 5
  • Article   8.11 Compensation for Losses 5
  • Article   8.12 Expropriation 5
  • Article   8.13 Transfers 5
  • Article   8.14 Subrogation 5
  • Section   E Reservations and Exceptions 5
  • Article   8.15 Reservations and Exceptions 5
  • Article   8.16 Denial of Benefits 5
  • Article   8.17 Formal Requirements 5
  • Section   F Resolution of Investment Disputes between Investors and States 5
  • Article   8.18 Scope 5
  • Article   8.19 Consultations 5
  • Article   8.20 Mediation 5
  • Article   8.21 Determination of the Respondent for Disputes with the European Union or Its Member States 5
  • Article   8.22 Procedural and other Requirements for the Submission of a Claim to the Tribunal  6
  • Article   8.23 Submission of a Claim to the Tribunal 6
  • Article   8.24 Proceedings Under Another International Agreement 6
  • Article   8.25 Consent to the Settlement of the Dispute by the Tribunal 6
  • Article   8.26 Third Party Funding 6
  • Article   8.27 Constitution of the Tribunal        6
  • Article   8.28 Appellate Tribunal 6
  • Article   8.29 Establishment of a Multilateral Investment Tribunal and Appellate Mechanism 6
  • Article   8.30 Ethics 6
  • Article   8.31 Applicable Law and Interpretation 6
  • Article   8.32 Claims Manifestly without Legal Merit 6
  • Article   8.33 Claims Unfounded as a Matter of Law 6
  • Article   8.34 Interim Measures of Protection 6
  • Article   8.35 Discontinuance 6
  • Article   8.36 Transparency of Proceedings 6
  • Article   8.37 Information Sharing 6
  • Article   8.38 Non-disputing Party 6
  • Article   8.39 Final Award 6
  • Article   8.40 Indemnification or other Compensation 7
  • Article   8.41 Enforcement of Awards 7
  • Article   8.42 Role of the Parties 7
  • Article   8.43 Consolidation 7
  • Article   8.44 Committee on Services and Investment 7
  • Article   8.45 Exclusion 7
  • Chapter   NINE Cross-border Trade In Services 7
  • Article   9.1 Definitions 7
  • Article   9.2 Scope 7
  • Article   9.3 National Treatment 7
  • Article   9.4 Formal Requirements 7
  • Article   9.5 Most-favoured-nation Treatment 7
  • Article   9.6 Market Access 7
  • Article   9.7 Reservations 7
  • Article   9.8 Denial of Benefits 7
  • Chapter   TEN Temporary Entry and Stay of Natural Persons for Business Purposes 7
  • Article   10.1 Definitions 7
  • Article   10.2 Objectives and Scope 8
  • Article   10.3 General Obligations 8
  • Article   10.4 Provision of Information 8
  • Article   10.5 Contact Points 8
  • Article   10.6 Obligations In other Chapters 8
  • Article   10.7 Key Personnel 8
  • Article   10.8 Contractual Services Suppliers and Independent Professionals 8
  • Article   10.9 Short-term Business Visitors 8
  • Article   10.10 Review of Commitments 8
  • Chapter   ELEVEN Mutual Recognition of Professional Qualifications 8
  • Article   11.1 Definitions 8
  • Article   11.2 Objectives and Scope 8
  • Article   11.3 Negotiation of an MRA 8
  • Article   11.4 Recognition 8
  • Article   11.5 Joint Committee on Mutual Recognition of Professional Qualifications 8
  • Article   11.6 Guidelines for the Negotiation and Conclusion of MRAs 8
  • Article   11.7 Contact Points 8
  • Chapter   TWELVE Domestic Regulation 8
  • Article   12.1 Definitions 8
  • Article   12.2 Scope 8
  • Article   12.3 Licensing and Qualification Requirements and Procedures 9
  • Chapter   THIRTEEN Financial Services 9
  • Article   13.1 Definitions 9
  • Article   13.2 Scope 9
  • Article   13.3 National Treatment 9
  • Article   13.4 Most-favoured-nation Treatment 9
  • Article   13.5 Recognition of Prudential Measures 9
  • Article   13.6 Market Access 9
  • Article   13.7 Cross-border Supply of Financial Services 9
  • Article   13.8 Senior Management and Boards of Directors 9
  • Article   13.9 Performance Requirements 9
  • Article   13.10 Reservations and Exceptions 9
  • Article   13.11 Effective and Transparent Regulation 10
  • Article   13.12 Self-regulatory Organisations 10
  • Article   13.13 Payment and Clearing Systems 10
  • Article   13.14 New Financial Services 10
  • Article   13.15 Transfer and Processing of Information 10
  • Article   13.16 Prudential Carve-out 10
  • Article   13.17 Specific Exceptions 10
  • Article   13.18 Financial Services Committee 10
  • Article   13.19 Consultations 10
  • Article   13.20 Dispute Settlement 10
  • Article   13.21 Investment Disputes In Financial Services 10
  • Chapter   FOURTEEN International Maritime Transport Services 10
  • Article   14.1 Definitions 10
  • Article   14.2 Scope 10
  • Article   14.3 Obligations 10
  • Article   14.4 Reservations 10
  • Chapter   FIFTEEN Telecommunications 10
  • Article   15.1 Definitions 10
  • Article   15.2 Scope 10
  • Article   15.3 Access to and Use of Public Telecommunications Transport Networks or Services 10
  • Article   15.4 Competitive Safeguards on Major Suppliers 11
  • Article   15.5 Access to Essential Facilities 11
  • Article   15.6 Interconnection 11
  • Article   15.8 Universal Service 11
  • Article   15.9 Scarce Resources 11
  • Article   15.12 Resolution of Telecommunication Disputes 11
  • Article   15.13 Transparency 11
  • Article   15.14 Forbearance 11
  • Article   15.15 Relation to other Chapters 11
  • Chapter   SIXTEEN Electronic Commerce 11
  • Article   16.1 Definitions 11
  • Article   16.2 Objective and Scope 11
  • Article   16.3 Customs Duties on Electronic Deliveries 11
  • Article   16.4 Trust and Confidence In Electronic Commerce 11
  • Article   16.5 General Provisions 11
  • Article   16.6 Dialogue on Electronic Commerce 11
  • Article   16.7 Relation to other Chapters 11
  • Chapter   SEVENTEEN Competition Policy 11
  • Article   17.1 Definitions 11
  • Article   17.2 Competition Policy 11
  • Article   17.3 Application of Competition Policy to Enterprises 11
  • Article   17.4 Dispute Settlement 11
  • Chapter   EIGHTEEN State Enterprises, Monopolies, and Enterprises Granted Special Rights or Privileges 11
  • Article   18.1 Definitions 11
  • Article   18.2 Scope 11
  • Article   18.3 State Enterprises, Monopolies and Enterprises Granted Special Rights or Privileges 11
  • Article   18.4 Non-discriminatory Treatment 11
  • Article   18.5 Commercial Considerations 11
  • Chapter   NINETEEN Government Procurement 11
  • Article   19.1 Definitions 11
  • Article   19.2 Scope and Coverage 12
  • Article   19.3 Security and General Exceptions 12
  • Article   19.4 General Principles 12
  • Article   19.5 Information on the Procurement System 12
  • Article   19.7 Conditions for Participation 12
  • Article   19.8 Qualification of Suppliers 12
  • Article   19.9 Technical Specifications and Tender Documentation 13
  • Article   19.10 Time-periods 13
  • Article   19.11 Negotiation  13
  • Article   19.12 Limited Tendering 13
  • Article   19.13 Electronic Auctions 13
  • Article   19.14 Treatment of Tenders and Awarding of Contracts 13
  • Article   19.15 Transparency of Procurement Information 13
  • Article   19.16 Disclosure of Information 14
  • Article   19.17 Domestic Review Procedures 14
  • Article   19.18 Modifications and Rectifications to Coverage 14
  • Article   19.19 Committee on Government Procurement 14
  • Chapter   TWENTY Intellectual Property 14
  • Section   A General Provisions 14
  • Article   20.1 Objectives 14
  • Article   20.2 Nature and Scope of Obligations 14
  • Article   20.3 Public Health Concerns 14
  • Article   20.4 Exhaustion 14
  • Article   20.5 Disclosure of Information 14
  • Section   B Standards Concerning Intellectual Property Rights 14
  • Article   20.6 Definition 14
  • Subsection   A Copyright and Related Rights 14
  • Article   20.7 Protection Granted 14
  • Article   20.8 Broadcasting and Communication to the Public 14
  • Article   20.9 Protection of Technological Measures 14
  • Article   20.10 Protection of Rights Management Information. 14
  • Article   20.11 Liability of Intermediary Service Providers 14
  • Article   20.12 Camcording 14
  • Subsection   B Trademarks 14
  • Article   20.13 International Agreements 14
  • Article   20.14 Registration Procedure 14
  • Article   20.15 Exceptions to the Rights Conferred by a Trademark 14
  • Subsection   C Geographical Indications 14
  • Article   20.16 Definitions 15
  • Article   20.17 Scope 15
  • Article   20.18 Listed Geographical Indications 15
  • Article   20.19 Protection for Geographical Indications Listed In Annex 20-a 15
  • Article   20.20 Homonymous Geographical Indications 15
  • Article   20.21 Exceptions 15
  • Article   20.22 Amendments to Annex 20-a 15
  • Article   20.23 Other Protection 15
  • Subsection   E Patents 15
  • Article   20.26 International Agreements 15
  • Article   20.27 Sui Generis Protection for Pharmaceuticals 15
  • Article   20.28 Patent Linkage Mechanisms Relating to Pharmaceutical Products 15
  • Subsection   F Data Protection 15
  • Article   20.29 Protection of Undisclosed Data Related to Pharmaceutical Products 15
  • Article   20.30 Protection of Data Related to Plant Protection Products 15
  • Subsection   G Plant Varieties 15
  • Article   20.31 Plant Varieties 15
  • Section   C Enforcement of Intellectual Property Rights 15
  • Article   20.32 General Obligations 15
  • Article   20.33 Entitled Applicants 15
  • Article   20.34 Evidence 15
  • Article   20.35 Measures for Preserving Evidence 15
  • Article   20.36 Right of Information 15
  • Article   20.37 Provisional and Precautionary Measures 15
  • Article   20.38 Other Remedies 15
  • Article   20.39 Injunctions 15
  • Article   20.40 Damages  15
  • Article   20.41 Legal Costs 15
  • Article   20.42 Presumption of Authorship or Ownership 15
  • Section   D Border Measures 15
  • Article   20.43 Scope of Border Measures 15
  • Article   20.44 Application by the Right Holder 16
  • Article   20.45 Provision of Information from the Right Holder 16
  • Article   20.46 Security or Equivalent Assurance 16
  • Article   20.47 Determination as to Infringement 16
  • Article   20.48 Remedies 16
  • Article   20.49 Specific Cooperation In the Area of Border Measures 16
  • Section   E Co-operation 16
  • Article   20.50 Co-operation 16
  • Chapter   TWENTY-ONE Regulatory Cooperation 16
  • Article   21.1 Scope 16
  • Article   21.2 Principles 16
  • Article   21.3 Objectives of Regulatory Cooperation 16
  • Article   21.4 Regulatory Cooperation Activities 16
  • Article   21.5 Compatibility of Regulatory Measures 16
  • Article   21.6 The Regulatory Cooperation Forum 16
  • Article   21.7 Further Cooperation between the Parties 16
  • Article   21.8 Consultations with Private Entities 16
  • Article   21.9 Contact Points 16
  • Chapter   TWENTY-TWO Trade and Sustainable Development 16
  • Article   22.1 Context and Objectives 16
  • Article   22.2 Transparency 17
  • Article   22.3 Cooperation and Promotion of Trade Supporting Sustainable Development 17
  • Article   22.4 Institutional Mechanisms 17
  • Article   22.5 Civil Society Forum 17
  • Chapter   TWENTY-THREE Trade and Labour 17
  • Article   23.1 Context and Objectives 17
  • Article   23.2 Right to Regulate and Levels of Protection 17
  • Article   23.3 Multilateral Labour Standards and Agreements 17
  • Article   23.4 Upholding Levels of Protection 17
  • Article   23.5 Enforcement Procedures, Administrative Proceedings and Review of Administrative Action 17
  • Article   23.6 Public Information and Awareness 17
  • Article   23.7 Cooperative Activities 17
  • Article   23.8 Institutional Mechanisms 17
  • Article   23.9 Consultations 17
  • Article   23.10 Panel of Experts 17
  • Article   23.11 Dispute Resolution 17
  • Chapter   TWENTY-FOUR Trade and Environment 17
  • Article   24.1 Definition 17
  • Article   24.2 Context and Objectives 17
  • Article   24.3 Right to Regulate and Levels of Protection 17
  • Article   24.4 Multilateral Environmental Agreements 17
  • Article   24.5 Upholding Levels of Protection 17
  • Article   24.6 Access to Remedies and Procedural Guarantees 17
  • Article   24.7 Public Information and Awareness 17
  • Article   24.8 Scientific and Technical Information 18
  • Article   24.9 Trade Favouring Environmental Protection 18
  • Article   24.10 Trade In Forest Products 18
  • Article   24.11 Trade In Fisheries and Aquaculture Products 18
  • Article   24.12 Cooperation on Environment Issues 18
  • Article   24.13 Institutional Mechanisms 18
  • Article   24.14 Consultations 18
  • Article   24.15 Panel of Experts 18
  • Article   24.16 Dispute Resolution 18
  • Chapter   TWENTY-FIVE Bilateral Dialogues and Cooperation 18
  • Article   25.1 Objectives and Principles 18
  • Article   25.2 Dialogue on Biotech Market Access Issues 18
  • Article   25.3 Bilateral Dialogue on Forest Products 18
  • Article   25.4 Bilateral Dialogue on Raw Materials 18
  • Article   25.5 Enhanced Cooperation on Science, Technology, Research and Innovation 18
  • Chapter   TWENTY-SIX Administrative and Institutional Provisions 18
  • Article   26.1 CETA Joint Committee 18
  • Article   26.2 Specialised Committees 18
  • Article   26.3 Decision Making 19
  • Article   26.4 Information Sharing 19
  • Article   26.5 CETA Contact Points 19
  • Article   26.6 Meetings 19
  • Chapter   TWENTY-SEVEN Transparency 19
  • Article   27.1 Publication 19
  • Article   27.2 Provision of Information 19
  • Article   27.3 Administrative Proceedings 19
  • Article   27.4 Review and Appeal 19
  • Article   27.5 Cooperation on Promoting Increased Transparency 19
  • Chapter   TWENTY-EIGHT Exceptions 19
  • Article   28.1 Definitions 19
  • Article   28.2 Party-specific Definitions 19
  • Article   28.3 General Exceptions 19
  • Article   28.4 Temporary Safeguard Measures with Regard to Capital Movements and Payments 19
  • Article   28.5 Restrictions In Case of Serious Balance of Payments and External Financial Difficulties 19
  • Article   28.6 National Security 19
  • Article   28.7 Taxation 19
  • Article   28.8 Disclosure of Information 19
  • Article   28.9 Exceptions Applicable to Culture 19
  • Article   28.10 WTO Waivers 19
  • Chapter   TWENTY-NINE Dispute Settlement 19
  • Section   A Initial Provisions 19
  • Article   29.1 Cooperation 19
  • Article   29.2 Scope 19
  • Article   29.3 Choice of Forum 19
  • Section   B Consultations and Mediation 20
  • Article   29.4 Consultations 20
  • Article   29.5 Mediation 20
  • Section   C Dispute Settlement Procedures and Compliance 20
  • Subsection   A Dispute Settlement Procedures 20
  • Article   29.6 Request for the Establishment of an Arbitration Panel 20
  • Article   29.7 Composition of the Arbitration Panel 20
  • Article   29.8 List of Arbitrators 20
  • Article   29.9 Interim Panel Report 20
  • Article   29.10 Final Panel Report 20
  • Article   29.11 Urgent Proceedings 20
  • Subsection   B Compliance 20
  • Article   29.12 Compliance with the Final Panel Report 20
  • Article   29.13 Reasonable Period of Time for Compliance 20
  • Article   29.14 Temporary Remedies In Case of Non-compliance. 20
  • Article   29.15 Review of Measures Taken to Comply after the Suspension of Obligations 20
  • Section   D General Provisions 20
  • Article   29.16 Rules of Procedure 20
  • Article   29.17 General Rule of Interpretation 20
  • Article   29.18 Rulings of the Arbitration Panel 20
  • Article   29.19 Mutually Agreed Solutions 20
  • Chapter   THIRTY Final Provisions 20
  • Article   30.1 Integral Parts of this Agreement 20
  • Article   30.2 Amendments 20
  • Article   30.3 Preference Utilisation 20
  • Article   30.4 Current Account 20
  • Article   30.5 Movement of Capital 20
  • Article   30.6 Private Rights 20
  • Article   30.8 Termination, Suspension or Incorporation of other Existing Agreements 20
  • Article   30.9 Termination 20
  • Article   30.10 Accession of New Member States of the European Union 20
  • Article   30.11 Authentic Texts 20
  • ANNEX 8-A  EXPROPRIATION 21
  • ANNEX 8-B  PUBLIC DEBT 21
  • ANNEX 8-C  EXCLUSIONS FROM DISPUTE SETTLEMENT 21
  • ANNEX 8-D  JOINT DECLARATION CONCERNING ARTICLE 8.12.6 21
  • ANNEX 8-E  JOINT DECLARATION ON ARTICLES 8.16, 9.8, AND 28.6 21
  • ANNEX 8-F  DECLARATION BY CANADA ON THE INVESTMENT CANADA ACT 21
  • ANNEX 29-A  RULES OF PROCEDURE FOR ARBITRATION 21
  • ANNEX 29-B  CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS 22
  • ANNEX 29-C  RULES OF PROCEDURE FOR MEDIATION 22
  • 1 Objective 22
  • Section   A Mediation Proceeding 22
  • 2 Initiation of the Proceeding 22
  • 3 Selection of the Mediator 22
  • 4 Rules of Procedure for Mediation 22
  • Section   B Implementation 22
  • 5 Implementation of a Mutually Agreed Solution 22
  • Section   C General Provisions 22
  • 6 Confidentiality and Relationship to Dispute Settlement 22
  • 7 Time Limits 22
  • 8 Costs 22
  • 9 Review 22
  • ANNEX 30-A  LIST OF BILATERAL INVESTMENT TREATIES BETWEEN CANADA AND MEMBER STATES OF THE EUROPEAN UNION 22
  • ANNEX I  Headnote 22
  • Schedule of Canada — Federal Reservations applicable in Canada (applicable in all Provinces and Territories) 22
  • Schedule of Canada — Provincial and Territorial Reservations applicable in Alberta 23
  • Reservations applicable in British Columbia 23
  • Reservations applicable in Manitoba 23
  • Reservations applicable in New Brunswick 23
  • Reservations applicable in Newfoundland and Labrador 23
  • Reservations applicable in the Northwest Territories 23
  • Reservations applicable in Nova Scotia 23
  • Reservations applicable in Nunavut 23
  • Reservations applicable in Ontario 23
  • Reservations applicable in Prince Edward Island 24
  • Reservations applicable in Québec 24
  • Reservations applicable in Saskatchewan 24
  • Reservations applicable in Yukon 24
  • EU Party Reservations applicable in the European Union (applicable in all Member States of the EU unless otherwise indicated) 24
  • Reservations applicable in Austria 24
  • Reservations applicable in Belgium 24
  • Reservations applicable in Bulgaria 24
  • Reservations applicable in Croatia 24
  • Reservations applicable in Cyprus 24
  • Reservations applicable in the Czech Republic 25
  • Reservations applicable in Denmark 25
  • Reservations applicable in Estonia 25
  • Reservations applicable in Finland 25
  • Reservations applicable in France 25
  • Reservations applicable in Germany 25
  • Reservations applicable in Greece 25
  • Reservations applicable in Hungary 25
  • Reservations applicable in Ireland 25
  • Reservations applicable in Italy 25
  • Reservations applicable in Latvia 25
  • Reservations applicable in Lithuania 25
  • Reservations applicable in Luxembourg 25
  • Reservations applicable in Malta 25
  • Reservations applicable in the Netherlands 26
  • Reservations applicable in Poland 26
  • Reservations applicable in Portugal 26
  • Reservations applicable in Romania 26
  • Reservations applicable in the Slovak Republic 26
  • Reservations applicable in Slovenia 26
  • Reservations applicable in Spain 26
  • Reservations applicable in Sweden 26
  • Reservations applicable in the United Kingdom 26
  • ANNEX II  Headnote Reservations for future measures 26
  • Schedule of Canada Reservations applicable in Canada (applicable in all Provinces and Territories) 26
  • Reservations applicable in Alberta 26
  • Reservations applicable in British Columbia 26
  • Reservations applicable in Manitoba 27
  • Reservations applicable in New Brunswick 27
  • Reservations applicable in Newfoundland and Labrador 27
  • Reservations applicable in the Northwest Territories 27
  • Reservations applicable in Nova Scotia 27
  • Reservations applicable in Nunavut 27
  • Reservations applicable in Ontario 27
  • Reservations applicable in Prince Edward Island 27
  • Reservations applicable in Québec 27
  • Reservations applicable in Saskatchewan 27
  • Reservations applicable in Yukon 27
  • EU Party Reservations applicable in the European Union (applicable in all Member States of the EU unless otherwise indicated) 27
  • Reservations applicable in Austria 27
  • Reservations applicable in Belgium 27
  • Reservations applicable in Bulgaria 27
  • Reservations applicable in Croatia 28
  • Reservations applicable in Cyprus 28
  • Reservations applicable in the Czech Republic 28
  • Reservations applicable in Denmark 28
  • Reservations applicable in Estonia 28
  • Reservations applicable in Finland 28
  • Reservations applicable in France 28
  • Reservations applicable in Germany 28
  • Reservations applicable in Greece 28
  • Reservations applicable in Hungary 28
  • Reservations applicable in Ireland 28
  • Reservations applicable in Italy 28
  • Reservations applicable in Latvia 28
  • Reservations applicable in Lithuania 28
  • Reservations applicable in Malta 28
  • Reservations applicable in the Netherlands 29
  • Reservations applicable in Poland 29
  • Reservations applicable in Portugal 29
  • Reservations applicable in Romania 29
  • Reservations applicable in the Slovak Republic 29
  • Reservations applicable in Slovenia 29
  • Reservations applicable in Spain 29
  • Reservations applicable in Sweden 29
  • Reservations applicable in the United Kingdom 29