Reservation I-C-12 Sector: Business services Sub-Sector: Examination services relating to the export and import of cultural property Museum services except for historical sites and buildings (limited to cultural property examination services) Industry Classification: CPC 96321, 87909 (limited to cultural property examination services) Type of Reservation: Market access National treatment Level of Government: National Measures: Cultural Property Export and Import Act, R.S.C. 1985, c. C-51 Description: Investment and Cross-Border Trade in Services 1. Only a resident of Canada or an institution in Canada may be designated as an expert examiner of cultural property for the purposes of the Cultural Property Export and Import Act. 2. For the purposes of this reservation: (a) institution means an entity that is publicly owned and operated solely for the benefit of the public, that is established for educational or cultural purposes and that conserves objects and exhibits them; and (b) resident of Canada means a natural person who is ordinarily resident in Canada, or a corporation that has its head office in Canada or maintains an establishment in Canada to which employees employed in connection with the business of the corporation ordinarily report for work.
Reservation I-C-13 Sector: Business services Sub-Sector: Patent agents Patent agents providing legal advisory and representation services Industry Classification: CPC 8921 Type of Reservation: National treatment Level of Government: National Measures: Patent Act, R.S.C. 1985, c. P-4 Patent Rules, S.O.R./96-423 Description: Cross-Border Trade in Services To represent a person in the prosecution of a patent application or in other business before the Patent Office, a patent agent must be resident in Canada and registered by the Patent Office.
Reservation I-C-14 Sector: Business services Sub-Sector: Trade-mark agents Trade-mark agents providing legal advisory and representation services in statutory procedures Industry Classification: CPC 8922 Type of Reservation: National treatment Level of Government: National Measures: Trade-marks Act, R.S.C. 1985, c. T-13 Trade-marks Regulations, S.O.R./96-195 Description: Cross-Border Trade in Services To represent a person in the prosecution of an application for a trade-mark or in other business before the Trade-marks Office, a trade-mark agent must be resident in Canada and registered by the Trade-marks Office.
Reservation I-C-15 Sector: Energy (oil and gas) Sub-Sector: Crude petroleum and natural gas industries Services incidental to mining Industry Classification: CPC 120, 883 Type of Reservation: National treatment Level of Government: National Measures: Canada Petroleum Resources Act, R.S.C. 1985, c. 36 (2nd 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 Description: Investment 1. This reservation applies to production licences issued for ‘frontier lands’ and ‘offshore areas’ (areas not under provincial jurisdiction) as defined in the applicable measures. 2. A person who holds an oil and gas production licence or shares therein must be a corporation incorporated in Canada.
Reservation I-C-16 Sector: Energy (oil and gas) Sub-Sector: Crude petroleum and natural gas industries Services incidental to mining Industry Classification: CPC 120, 883 Type of Reservation: National treatment Performance requirements Level of Government: National Measures: Canada Oil and Gas Production and Conservation Act, R.S.C. 1985, c. O-7, as amended by the Canada 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, including the Canada-Yukon Oil and Gas Accord Implementation Act, 1998, c. 5, s. 20 and the Oil and Gas Act, RSY 2002, c. 162 Measures implementing the Northwest Territories Oil and Gas Accord, including implementing measures that apply to or are adopted by Nunavut as the successor territories to the former Northwest Territories Measures implementing the Canada-Quebec Gulf of St. Lawrence Petroleum Resources Accord Description: Investment and Cross-Border Trade in Services 1. Under the Canada Oil and Gas Operations Act, a ‘benefits plan’ must be approved by the Minister in order to be authorised to proceed with an oil and gas development project. 2. A benefits plan means a plan for the employment of Canadians and for providing Canadian manufacturers, consultants, contractors and service companies with a full and fair opportunity to participate on a competitive basis in the supply of goods and services used in proposed work or activity referred to in the benefits plan. 3. The benefits plan contemplated by the Canada Oil and Gas Operations Act permits the Minister to impose on the applicant an additional requirement to ensure that disadvantaged individuals or groups have access to training and employment opportunities or can participate in the supply of goods and services used in proposed work referred to in the benefits plan. 4. Provisions continuing those set out in the Canada Oil and Gas Operations Act are included in laws which implement the Canada-Yukon Oil and Gas Accord. 5. Provisions continuing those set out in the Canada Oil and Gas Operations Act will be included in laws or regulations to implement accords with various provinces and territories, including implementing legislation by provinces and territories (for example, the Northwest Territories Oil and Gas Accord, the Canada-Quebec Gulf of St. Lawrence Petroleum Resources Accord, and the New Brunswick Oil and Gas Accord). For the purposes of this reservation these accords and implementing legislation shall be deemed, once concluded, to be existing measures. 6. The Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada-Newfoundland Atlantic Accord Implementation Act have the same requirement for a benefits plan but also require that the benefits plan ensures that: (a) the corporation or other body submitting the plan establishes in the applicable province an office where appropriate levels of decision-making are to take place, prior to carrying out work or an activity in the offshore area; (b) expenditures be made for research and development to be carried out in the province, and for education and training to be provided in the province; and (c) first consideration be given to goods produced or services provided from within the province, where those goods or services are competitive in terms of fair market price, quality and delivery. 7. The Boards administering the benefits plan under these Acts may also require that the plan include provisions to ensure that disadvantaged individuals or groups, or corporations owned or cooperatives operated by them, participate in the supply of goods and services used in proposed work or activity referred to in the plan. 8. In addition, Canada may impose a requirement or enforce a commitment or undertaking for the transfer of technology, a production process or other proprietary knowledge to a person of Canada in connection with the approval of development projects under the applicable Acts.
Reservation I-C-17 Sector: Energy (oil and gas) Sub-Sector: Crude petroleum and natural gas industries Services incidental to mining Industry Classification: CPC 120, 883 Type of Reservation: Performance requirements Level of Government: National Measures: Canada-Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3 Hibernia Development Project Act, S.C. 1990, c. 41 Description: Investment 1. Under the Hibernia Development Project Act, Canada and the Hibernia Project Owners may enter into agreements. Those agreements may require the Project Owners to undertake to perform certain work in Canada and Newfoundland and to use their best efforts to achieve specific Canadian and Newfoundland target levels in relation to the provisions of a ‘benefits plan’ required under the Canada-Newfoundland Atlantic Accord Implementation Act. ‘Benefits plans’ are further described in Canada's Reservation I-C-16. 2. In addition, Canada may, in connection with the Hibernia Project, impose a requirement or enforce a commitment or undertaking for the transfer of technology, a production process or other proprietary knowledge to a national or enterprise in Canada.
Reservation I-C-18 Sector: Business services Sub-Sector: Uranium mines Services incidental to mining Industry Classification: CPC 883 Type of Reservation: National treatment Most-favoured-nation treatment Level of Government: National Measures: Investment Canada Act, R.S.C. 1985, c. 28 (1st Supp.) Investment Canada Regulations, S.O.R./85-611 Non-Resident Ownership Policy in the Uranium Mining Sector, 1987 Description: Investment 1. Ownership by ‘non-Canadians’, as defined in the Investment Canada Act, of a uranium mining property is limited to 49 per cent at the stage of first production. Exceptions to this limit may be permitted if it can be established that the property is in fact ‘Canadian controlled’, as defined in the Investment Canada Act. 2. Exemptions from the Non-Resident Ownership Policy in the Uranium Mining Sector are permitted, subject to approval of the Governor in Council, only in cases where Canadian participants in the ownership of the property are not available. Investments in properties by non-Canadians, made prior to December 23, 1987 and that are beyond the permitted ownership level, may remain in place. No increase in non-Canadian ownership is permitted. 3. In considering a request for an exemption from the Policy from an investor of the European Union, Canada will not require that it be demonstrated that a Canadian partner cannot be found.
Reservation I-C-19 Sector: Business services Sub-Sector: Auditing Industry Classification: CPC 862 Type of Reservation: National treatment Level of Government: National Measures: Bank Act, S.C. 1991, c. 46 Insurance Companies Act, S.C. 1991, c. 47 Cooperative Credit Associations Act, S.C. 1991, c. 48 Trust and Loan Companies Act, S.C. 1991, c. 45 Description: Cross-Border Trade in Services 1. Banks are required to have a firm of accountants to be auditors of the bank. A firm of accountants must be qualified as set out in the Bank Act. Among the qualifications required is that two or more members of the firm must be ordinarily resident in Canada and that the member of the firm jointly designated by the firm and the bank to conduct the audit must be ordinarily resident in Canada. 2. An insurance company, a cooperative credit association, and a trust or loan company require an auditor who can either be a natural person or a firm of accountants. An auditor of such an institution must be qualified as set out in the Insurance Companies Act, the Cooperative Credit Associations Act or the Trust and Loan Companies Act. If a natural person is appointed to be the auditor of such a financial institution, among the qualifications required is that the person must be ordinarily resident in Canada. If a firm of accountants is appointed to be the auditor of such a financial institution, the member of the firm jointly designated by the firm and the financial institution to conduct the audit must be ordinarily resident in Canada.
Reservation I-C-20 Sector: Transport Sub-Sector: Air transport services (passenger and freight) ‘Specialty air services’ (as set out in the Description element below) Courier services Industry Classification: CPC 73, 7512, ‘specialty air services’ (as set out in the Description element below) Type of Reservation: Market access National treatment Senior management and board of directors Level of Government: National Measures: Canada Transportation Act, S.C. 1996, c. 10 Aeronautics Act, R.S.C. 1985, c. A-2 Canadian Aviation Regulations, S.O.R./96-433: Part II, Subpart 2 — ‘Aircraft Markings and Registration’; Part IV ‘Personnel Licensing and Training’; and Part VII ‘Commercial Air Services’ Description: Investment 1. The Canada Transportation Act, in section 55, defines ‘Canadian’ in the following manner: 2. ‘… “Canadian” means a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, a government in Canada or an agent of such a government or a corporation or other entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least seventy-five per cent, or such lesser percentage as the Governor in Council may by regulation specify, of the voting interests are owned and controlled by Canadians…’ 3. Regulations made under the Aeronautics Act incorporate by reference the definition of ‘Canadian’ found in the Canada Transportation Act. These Regulations require that a Canadian operator of commercial air services operate Canadian-registered aircraft. These Regulations require an operator to be Canadian in order to obtain a Canadian Air Operator Certificate and to qualify to register aircraft as ‘Canadian’. 4. Only Canadians may provide the following commercial air transportation services: (a) domestic services (air services between points, or from and to the same point, in the territory of Canada, or between a point in the territory of Canada and a point not in the territory of another country); (b) scheduled international services (scheduled air services between a point in the territory of Canada and a point in the territory of another country) where those services have been reserved to Canadian carriers under existing or future air services agreements; (c) non-scheduled international services (non-scheduled air services between a point in the territory of Canada and a point in the territory of another country) where those services have been reserved to Canadian carriers under the Canada Transportation Act; and (d) specialty air services include aerial mapping, aerial surveying, aerial photography, forest fire management, fire-fighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial inspection, aerial surveillance, flight training, aerial sightseeing and aerial crop spraying. 5. No foreign individual is qualified to be the registered owner of a Canadian-registered aircraft. 6. Further to the Canadian Aviation Regulations, a corporation incorporated in Canada, but that does not meet the Canadian ownership and control requirements, may only register an aircraft for private use where a significant majority of use of the aircraft (at least 60 per cent) is in Canada. 7. The Canadian Aviation Regulations also have the effect of limiting foreign-registered private aircraft registered to non-Canadian corporations to be present in Canada for a maximum of 90 days per twelve-month period. The foreign-registered private aircraft shall be limited to private use, as would be the case for Canadian-registered aircraft requiring a private operating certificate.
Reservation I-C-21 Sector: Transport Sub-Sector: Aircraft repair and maintenance services Ground handling services (line maintenance only) as defined in the Chapters on Cross-Border Trade in Services and Investment Industry Classification: ‘Aircraft repair and maintenance services’ and ‘ground handling service’ (line maintenance only), as defined in Articles 8.1 (Definitions) and 9.1 (Definitions) Level of Government: National Type of Reservation: National treatment Market access Measures: Aeronautics Act, R.S.C. 1985, c. A-2 Canadian Aviation Regulations, S.O.R./96-433: Part IV ‘Personnel Licensing and Training’; Part V ‘Airworthiness’; Part VI ‘General Operating and Flight Rules’; and Part VII ‘Commercial Air Services’ Description: Cross-Border Trade in Services Aircraft and other aeronautical product repair, overhaul or maintenance activities (including line maintenance) required to maintain the airworthiness of Canadian-registered aircraft and other aeronautical products must be performed by persons meeting Canadian aviation regulatory requirements (that is, approved maintenance organisations and aircraft maintenance engineers). Certifications are not provided for persons located outside Canada, except sub-organisations of approved maintenance organisations that are located in Canada.
Reservation I-C-22 Sector: Transport Sub-Sector: Scheduled and non-scheduled passenger and freight transportation by road, including courier services. Industry Classification: CPC 7121, 7122, 7123, 7512 Level of Government: National Type of Reservation: National treatment Market access Measures: Motor Vehicle Transport Act, R.S.C. 1985, c. 29 (3rd Supp.), as amended by S.C. 2001, c. 13. Canada Transportation Act, S.C. 1996, c. 10 Customs Tariff, S.C. 1997, c. 36 Description: Cross-Border Trade in Services Only persons of Canada using Canadian-registered and either Canadian-built or duty-paid trucks or buses, may provide truck or bus services between points in the territory of Canada.
Reservation I-C-23 Sector: Transport Sub-Sector: Water transport services (passengers and freight) by sea-going and non-sea-going vessels Supporting and other services for water transport Construction for waterways, harbors, dams and other water works Any other commercial marine activity undertaken from a vessel Industry Classification: CPC 721, 722, 745, 5133, 5223, and any other commercial marine activity undertaken from a vessel Level of Government: National Type of Reservation: National treatment Market access Obligations Measures: Canada Shipping Act, 2001, S.C. 2001, c. 26 Description: Investment, Cross-Border Trade in Services, and International Maritime Transport Services 1. To register a vessel in Canada, the owner of that vessel or the person who has exclusive possession of that vessel must be: (a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, (b) a corporation incorporated under the law of Canada or a province or territory; or (c) when the vessel is not already registered in another country, a corporation incorporated under the laws of a country other than Canada if one of the following is acting with respect to all matters relating to the vessel, namely: (i) a subsidiary of the corporation that is incorporated under the law of Canada or a province or territory; (ii) an employee or director in Canada of any branch office of the corporation that is carrying on business in Canada; or (iii) a ship management company incorporated under the law of Canada or a province or territory. 2. A vessel registered in a foreign country which has been bareboat chartered may be listed in Canada for the duration of the charter while the vessel's registration is suspended in its country of registry, if the charterer is: (a) a Canadian citizen or permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act; or (b) a corporation incorporated under the law of Canada or a province or territory.
Reservation I-C-24 Sector: Transport Sub-Sector: Water transport services (passengers and freight) by sea-going and non-sea-going vessels Supporting and other services for water transport Construction for waterways, harbors, dams and other water works Any other commercial marine activity undertaken from a vessel Industry Classification: CPC 721, 722, 745, 5133, 5223, and any other commercial marine activity undertaken from a vessel Level of Government: National Type of Reservation: National treatment Market access Obligations Measures: Canada Shipping Act, 2001, S.C. 2001, c. 26 Marine Personnel Regulations, S.O.R./2007-115 Description: Cross-Border Trade in Services, and International Maritime Transport Services Masters, mates, engineers and certain other seafarers must hold a certificate granted by the Minister of Transport as a requirement of service on Canadian registered vessels. These certificates may be granted only to Canadian citizens or permanent residents.
Reservation I-C-25 Sector: Transport Sub-Sector: Pilotage and berthing services Industry Classification: CPC 74520 Level of Government: National Type of Reservation: National treatment Market access Obligations Measures: Pilotage Act, R.S.C. 1985, c. P-14 General Pilotage Regulations, S.O.R./2000-132 Atlantic Pilotage Authority Regulations, C.R.C. c. 1264 Laurentian Pilotage Authority Regulations, C.R.C. c. 1268 Great Lakes Pilotage Regulations, C.R.C. c. 1266 Pacific Pilotage Regulations, C.R.C. c. 1270 Description: Cross-Border Trade in Services, and International Maritime Transport Services Subject to Canada's Reservation II-C-15, a licence or a pilotage certificate issued by the relevant regional Pilotage Authority is required to provide pilotage services in the compulsory pilotage waters of the territory of Canada. Only a Canadian citizen or permanent resident may obtain a licence or pilotage certificate. A permanent resident of Canada who has been issued a pilot's licence or pilotage certificate must become a Canadian citizen within five years of receipt of that licence or pilotage certificate in order to retain it.
Reservation I-C-26 Sector: Transport Sub-Sector: Transportation services by sea-going and non-sea-going vessels Industry Classification: CPC 721, 722 Level of Government: National Type of Reservation: Most-favoured-nation treatment Obligations Measures: Coasting Trade Act, S.C. 1992, c. 31 Description: Cross-Border Trade in Services, and International Maritime Transport Services The prohibitions under the Coasting Trade Act, set out in Canada's Reservation II-C-14, do not apply to any vessel that is owned by the Government of the United States of America, when used solely for the purpose of transporting goods owned by the Government of the United States of America from the territory of Canada to supply Distant Early Warning sites.
Reservation I-C-27 Sector: Transport Sub-Sector: Scheduled or non-scheduled passenger transportation by road Industry Classification: CPC 7121, 7122 Level of Government: National Type of Reservation: Market access National treatment Measures: Motor Vehicle Transport Act, R.S.C. 1985, c. 29 (3rd Supp.), as amended by S.C. 2001, c. 13 Description: Investment and Cross-Border Trade in Services Provincial agencies have been delegated authority to permit persons to provide extra-provincial (inter-provincial and cross-border) bus services in their respective provinces and territories on the same basis as local bus services. Most provincial agencies permit the provision of local bus services on the basis of a public convenience and necessity test.
Reservation I-C-28 Sector: Transport Sub-Sector: All transportation sub-sectors Industry Classification: CPC 7 Level of Government: National Type of Reservation: Market access Measures: Canada Transportation Act, S.C. 1996, c. 10 Description: Investment Pursuant to the Canada Transportation Act, any proposed transaction that involves a transportation undertaking that raises issues with respect to the public interest as it relates to national transportation as determined by the Minister requires approval by the Governor in Council.
Reservation I-C-29 Sector: Transport Sub-Sector: Postal services, mail transportation by any mode of transport. Industry Classification: CPC 71124, 71235, 7321, 7511 Level of Government: National Type of Reservation: Market access Measures: Canada Post Corporation Act, R.S.C. 1985, c. C-10 Letter Definition Regulations, S.O.R./83-481 Description: Investment and Cross-Border Trade in Services The sole and exclusive privilege of collecting, transmitting and delivering ‘letters’ within Canada, as defined in the Letter Definition Regulations is reserved for the postal monopoly. For greater certainty, activities relating to the sole and exclusive privilege may also be restricted, including the issuance of postage stamps and the installation, erection or relocation in a public place of a mail receptacle or device to be used for the collection, delivery or storage of mail.
Schedule of Canada — Provincial and Territorial Reservations applicable in Alberta
Reservation I-PT-1 Sector: Business services Sub-Sector: Accounting Auditing and bookkeeping services Industry Classification: CPC 862 Type of Reservation: Market access National treatment Level of Government: Provincial — Alberta Measures: Regulated Accounting Profession Act, R.S.A. 2000, c. R-12 Certified General Accountants Regulation, Alta. Reg. 176/2001 Certified Management Accountants Regulation, Alta. Reg. 177/2001 Chartered Accountants Regulation, Alta. Reg. 178/2001 Description: Cross-Border Trade in Services An applicant for registration as a regulated member must provide proof of Canadian citizenship or proof of having been lawfully admitted to and entitled to work in Canada. Each office in Alberta of a registrant engaged in a public accounting practice shall be under the personal charge and management of a member who shall normally be accessible to meet the needs of clients during such times as the office is open to the public.
Reservation I-PT-2 Sector: Business services Sub-Sector: Veterinary services Industry Classification: CPC 932 Type of Reservation: National treatment Level of Government: Provincial — Alberta Measures: Veterinary Profession Act, R.S.A. 2000, c. V-2 General Regulation, Alta. Reg. 44/86 Description: Cross-Border Trade in Services Only Canadian citizens or persons lawfully admitted into and entitled to work in Canada may be approved for registration by the Registration Committee, upon production of satisfactory evidence to this effect.
Reservation I-PT-3 Sector: Real estate Sub-Sector: Real estate services involving own or leased property or on a fee or contract basis Industry Classification: CPC 821, 822, 81331 Type of Reservation: Market access National treatment Level of Government: Provincial — Alberta Measures: Real Estate Act, R.S.A. 2000, c. R–5 Description: Cross-Border Trade in Services Service suppliers are authorised through a brokerage which must maintain a registered business office in the Province. The registered business office must be: the location from which the person conducts business; under the control of the service supplier; and the location of the records required to be maintained by the Act.
Reservation I-PT-4 Sector: Business services Sub-Sector: Land surveying Industry Classification: CPC 8675 Type of Reservation: Market access Level of Government: Provincial — Alberta Measures: Land Surveyors Act, R.S.A. 2000, c. L-3 Description: Investment For services that are provided through a corporation, commercial presence must take the form of a surveyor's corporation.
Reservation I-PT-5 Sector: Alcoholic beverages Sub-Sector: Commission agents' services Wholesale trade services Retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107, 643, 88411 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Alberta Measures: Gaming and Liquor Act, R.S.A. 2000, c. G-1 Gaming and Liquor Regulation, Alta. Reg. 143/96 Alberta Gaming and Liquor Commission Board Policies Description: Investment and Cross-Border Trade in Services The above measures permit Alberta to control the manufacture, import, sale, purchase, possession, storage, transportation, use and consumption of liquor, including through permits and licences that may include citizenship, residency and other limitations on the establishment, operation and provision of these activities.
Reservation I-PT-6 Sector: Agriculture Sub-Sector: Land Services incidental to agriculture Industry Classification: CPC 8811 (other than rental of agricultural equipment with operator), 531 Type of Reservation: Market access National treatment Level of Government: Provincial — Alberta Measures: Provincial Parks Act, R.S.A. 2000, c. P-35 Provincial Parks (Dispositions) Regulations, Alta. Reg. 241/77 Provincial Parks (General) Regulation, Alta. Reg. 102/85 Dispositions and Fees Regulation, Alta. Reg. 54/2000 Special Areas Disposition Regulation, Alta. Reg. 137/2001 Declaration Regulation, Alta. Reg. 195/2001 Forest Reserves Regulation, Alta. Reg. 42/2005 Description: Investment Dispositions of Crown land, including within provincial parks are limited to residents of Alberta who are Canadian citizens or permanent residents within the meaning of the Immigration and Refugee Protection Act, S.C. 2001, c. 27.
Reservation I-PT-7 Sector: Hunting Sub-Sector: Services incidental to hunting Own-account hunting guides Other cultural services Industry Classification: CPC 0297, 8813, 96419, 9633 Type of Reservation: Market access National treatment Level of Government: Provincial — Alberta Measures: Wildlife Act, R.S.A. 2000, c. W-10 Wildlife Regulation, Alta. Reg. 143/97 Description: Investment and Cross-Border Trade in Services Citizenship or permanent residency requirements may be imposed as a condition for designations, permits or licences relating to guiding and outfitting for wildlife hunting. Citizenship or permanent residency requirements may also be imposed as a condition for permits or licences for zoo-keeping, taxidermy, tanning, fur dealing or fur management.
Reservation I-PT-8 Sector: Transport Sub-Sector: Road transport services Passenger transportation Industry Classification: CPC 7121, 7122 Type of Reservation: Market access Level of Government: Provincial — Alberta Measures: Motor Transport Act, R.S.A. 2000, c. M-21 Motor Vehicle Administration Act, R.S.A. 2000, M-23 Description: Investment and Cross-Border Trade in Services A public convenience and needs test may be imposed prior to approving a licence to provide interurban bus transport and non-scheduled/scheduled services, including applying some or all of the following criteria: adequacy of current levels of service; market conditions establishing the requirement for expanded service; effect of new entrants on public convenience, including the continuity and quality of service, and the fitness, willingness and ability of the applicant to provide proper service.
Reservation I-PT-9 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Performance requirements Level of Government: Provincial — Alberta Measures: Industrial benefits policy Description: Investment and Cross-Border Trade in Services Performance requirements may be imposed on applicants (such as a first consideration being given to service suppliers from within Alberta or Canada, if competitive in terms of price and quality) in the case of all large scale projects requiring Industrial Development, Forest Management, Oil Sands, Power Plant or Gas Plant and Coal Development Permits.
Reservation I-PT-10 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Senior management and boards of directors Level of Government: Provincial — Alberta Measures: Business Corporations Act, R.S.A. 2000, c. B-9 Business Corporations Regulation, Alta. Reg. 118/2000 Companies Act, R.S.A. 2000, c. C-21 Cooperatives Act, S.A. 2001, c. C-28.1 Partnership Amendment Act, R.S.A. 2000 (Supp.), c. P-25 Societies Act, R.S.A. 2000, c. S-14 Description: Investment 1. At least 25 per cent of the directors of an Alberta corporation must be resident Canadians. 2. For the purposes of these measures, ‘resident Canadian’ means an individual who is: (a) a Canadian citizen ordinarily resident in Canada; (b) a Canadian citizen, not ordinarily resident in Canada, who is a member of a prescribed class of persons; or (c) a permanent resident within the meaning of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 and ordinarily resident in Canada.
Reservation I-PT-11 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Level of Government: Provincial — Alberta Measures: Land Titles Act, R.S.A. 2000, c. L-4 Agricultural and Recreational Land Ownership Act, R.S.A. 2000, c. A-9 Regulations Respecting the Ownership of Agricultural and Recreational Land in Alberta, Alta. Reg. 160/79 Public Lands Act, R.S.A. 2000, c. P-40 Description: Investment Public lands cannot be sold to: (a) person who is not a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act, S.C. 2001, c. 27; (b) a corporation that is not a Canadian corporation; or (c) a person or corporation acting as a trustee for a person who is not a Canadian citizen or a permanent resident as defined in the Immigration and Refugee Protection Act, or for a corporation that is not a Canadian corporation.
Reservation I-PT-12 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Alberta Measures: Gaming and Liquor Act, R.S.A. 2000, c. G-1 Horse Racing Alberta Act, RSA 2000, c. H-11.3 Gaming and Liquor Regulation, Alta. Reg. 143/1996 Alberta Gaming and Liquor Commission Board Policies Description: Investment and Cross-Border Trade in Services The above measures permit Alberta to regulate and authorise services, suppliers of services, manufacturing, suppliers of materials, operations and repairs relating to lottery schemes, gaming terminals, games of chance, races, bingo and casinos, and similar activities including through permits and licences that may include citizenship, residency and other limitations on the establishment, operation and provision of these activities.
Reservation I-PT-13 Sector: Business services Sub-Sector: Services incidental to animal husbandry Industry Classification: CPC 8812 Type of Reservation: Market access National treatment Level of Government: Provincial — Alberta Measures: Stray Animals Act, R.S.A. 2000, c. S-20 Horse Capture Regulation, Alta. Reg. 59/94 Description: Cross-Border Trade in Services Only a Canadian citizen or a person lawfully admitted into Canada for permanent residence may apply for, obtain or hold a licence to capture, bait, chase, pursue, follow after or on the trail of or stalk horses on public land in Alberta designated for the licenced capture of horses.
Reservations applicable in British Columbia
Reservation I-PT-14 Sector: Forestry Sub-Sector: Forestry and logging products Industry Classification: CPC 03 Type of Reservation: Performance requirements Level of Government: Provincial — British Columbia Measures: Forest Act, R.S.B.C. 1996, c. 157 Description: Investment All timber harvested from provincial land must be either used in the Province or manufactured within the Province into other goods. However, the Province may authorise an exemption to this requirement if the timber is surplus to the requirements of processing facilities in the Province, if it cannot be processed economically near the harvesting area and cannot be transported economically to another facility in the Province, or if an exemption would prevent waste or improve the utilisation of the wood.
Reservation I-PT-15 Sector: Business services Sub-Sector: Legal services Industry Classification: CPC 8611 Type of Reservation: Market access National treatment Level of Government: Provincial — British Columbia Measures: Evidence Act, R.S.B.C. 1996, c. 124 Description: Investment and Cross-Border Trade in Services A person must be a Canadian citizen or a permanent resident to be appointed as a commissioner for taking affidavits.
Reservation I-PT-16 Sector: Business services Sub-Sector: Accounting, auditing and bookkeeping Industry Classification: CPC 862 Type of Reservation: National treatment Level of Government: Provincial — British Columbia Measures: Accountants (Certified General) Act, R.S.B.C. 1996. c. 2 Accountants (Chartered) Act, R.S.B.C. 1996, c. 3 Accountants (Management) Act, R.S.B.C. 1996, c. 4 Description: Investment Accounting offices must be under the management of a resident of British Columbia.
Reservation I-PT-17 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Senior management and boards of directors Level of Government: Provincial — British Columbia Measures: Cooperative Association Act, S.B.C. 1999, c. 28 Society Act, R.S.B.C. 1996, c. 433 Description: Investment 1. Under the Cooperative Association Act, the majority of directors of an association incorporated under the Act must be resident Canadians and at least one director must be resident in the Province. 2. Under the Society Act, at least one director of a society incorporated under the Act must be resident in the Province.
Reservation I-PT-18 Sector: Business services Sub-Sector: Lawyers and notaries Industry Classification: CPC 861 Type of Reservation: Market access National treatment Level of Government: Provincial — British Columbia Measures: Notaries Act, R.S.B.C. 1996, c. 334 Description: Investment and Cross-Border Trade in Services Only Canadian citizens or permanent residents of Canada may be certified as a notary public in British Columbia. The Notaries Act puts limitations on the ability of notaries to provide services through a notary corporation. Trust funds must be held by regulated provincial or federal financial institutions.
Reservation I-PT-19 Sector: Tourism Sub-Sector: Services incidental to hunting (hunting guides; outfitters; angling guides) Services incidental to fishing Travel agency, tour operator and tourist guides Industry Classification: CPC 8813, 882, 96419 Type of Reservation: Market access National treatment Level of Government: Provincial — British Columbia Measures: Wildlife Act, R.S.B.C. 1996, c. 488 Description: Investment and Cross-Border Trade in Services Only Canadian citizens or permanent residents of Canada are eligible to be issued guide outfitter and angling guide licences.
Reservation I-PT-20 Sector: Forestry Sub-Sector: Other professional services Forestry and logging products Services incidental to forestry and logging Industry Classification: CPC 03, 8814 Type of Reservation: Market access National treatment Level of Government: Provincial — British Columbia Measures: Foresters Act, S.B.C. 2003, c. 19 Description: Investment and Cross-Border Trade in Services In order to obtain registration as a professional forester, at least 24 months of relevant work experience must first be gained in British Columbia. In some cases, professional foresters already registered in other Canadian jurisdictions are exempt from this requirement.
Reservation I-PT-21 Sector: Forestry Sub-Sector: Services incidental to manufacturing Christmas tree permits Log salvage permits Woodlot licences Industry Classification: CPC 03, 8814 Type of Reservation: Market access National treatment Level of Government: Provincial — British Columbia Measures: Forest Act, R.S.B.C. 1996, c. 157 Description: Investment 1. Only Canadian citizens, permanent residents, or a corporation controlled by persons who are Canadian citizens or permanent residents of Canada, may be granted a Christmas tree permit. 2. Only Canadian citizens or landed immigrants may apply for log salvage permits. 3. Only Canadian citizens, permanent residents, or a corporation, other than a society, that is controlled by persons who are Canadian citizens or permanent residents may apply for woodlot licences. 4. Proximity of private residence from the proposed woodlot licence, and distance and size of private land to be included in the proposed woodlot are two of the criteria used to award a licence.
Reservation I-PT-22 Sector: Forestry Sub-Sector: Forestry and logging Industry Classification: CPC 03 Type of Reservation: Market access Level of Government: Provincial — British Columbia Measures: Forest Act, R.S.B.C. 1996, c. 157 Description: Investment 1. Only the following entities may enter into a community forest agreement: (a) A society incorporated under the Society Act, R.S.B.C. 1996, c. 433; (b) An association as defined in the Cooperative Association Act, S.B.C. 1999, c. 28; (c) A corporation, if the corporation is established by or under an enactment, or registered as an extra-provincial company under the Business Corporations Act, S.B.C. 2002, c. 57; (d) A partnership, if the partnership is comprised of municipalities or regional districts, societies, associations, companies or extra-provincial companies, or a combination of the foregoing; or (e) A municipality or regional district. 2. Community forest agreements may be directly awarded.
Reservation I-PT-23 Sector: Agriculture Sub-Sector: Products of agriculture Horticulture and market gardening Services incidental to agriculture (other than rental of agricultural equipment with operator) Services incidental to animal husbandry Industry Classification: CPC 01, 8811 (other than rental of agricultural equipment with operator), 8812 Type of Reservation: National treatment Level of Government: Provincial — British Columbia Measures: Range Act, S.B.C. 2004, c. 71 Description: Investment An applicant who can demonstrate local presence shall be given preference in the granting of grazing licences and permits.
Reservation I-PT-24 Sector: Forestry Sub-Sector: Forestry and logging Industry Classification: CPC 03 Type of Reservation: Performance requirements Level of Government: Provincial — British Columbia Measures: Forest Act, R.S.B.C. 1996, c. 157 Description: Investment An applicant may be required to commit to the establishment of a manufacturing facility to qualify for a forest licence.
Reservation I-PT-25 Sector: Forestry Sub-Sector: Forestry and logging Industry Classification: CPC 03 Type of Reservation: Market access National treatment Performance requirements Level of Government: Provincial — British Columbia Measures: Forest Act, R.S.B.C. 1996, c. 157 Description: Investment The granting of a community salvage licence is limited to specific groups, notably societies and cooperative associations, for purposes such as providing social and economic benefits to British Columbia, contributing to government revenues, providing opportunities for achieving a range of community objectives, including employment and other social, environmental and economic benefits, encouraging cooperation within the community and among stakeholders, providing for the use of qualifying timber, and other factors that the Minister or a person authorised by the Minister specifies in the invitation or advertising.
Reservation I-PT-26 Sector: Forestry Sub-Sector: Forestry and logging Industry Classification: CPC 03 Type of Reservation: Market access Performance requirements Level of Government: Provincial — British Columbia Measures: Forest Act, R.S.B.C. 1996, c. 157 Description: Investment Only a limited number of restricted forest licences are granted. The granting of such licences may be subject to performance requirements, including the requirement to own or lease processing facilities in the Province.
Reservation I-PT-27 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Performance requirements Level of Government: Provincial — British Columbia Measures: Land Act, R.S.B.C. 1996, c. 245 Ministry of Forest and Range Policy — Grazing Lease Policy dated November 15, 2004 Description: Investment 1. The Land Act restricts Crown grants to Canadian citizens and to permanent residents. Crown land may also be granted in some circumstances to a government corporation, municipality, regional district, hospital board, university, college, board of education, francophone education authority as defined in the School Act, R.S.B.C. 1996, c. 412, other government related body or to the South Coast British Columbia Transportation Authority continued under the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, or any of its subsidiaries. 2. Only Canadian citizens may hold grazing lease tenures. Performance requirements are imposed on companies as a condition for the granting of grazing lease tenures.
Reservation I-PT-28 Sector: Fisheries Sub-Sector: Fish and other fishing products Services incidental to fishing Land Industry Classification: CPC 04, 531, 882 Type of Reservation: Market access National treatment Level of Government: Provincial — British Columbia Measures: Fisheries Act, R.S.B.C. 1996, c. 149 Land Act, R.S.B.C. 1996, c. 245 Description: Investment Only a citizen or permanent resident of Canada is entitled to a Crown grant for aquaculture operations, unless the person's application for a disposition of Crown land was allowed prior to May 1, 1970.
Reservation I-PT-29 Sector: Fisheries Sub-Sector: Services incidental to fishing Wholesale trade services Industry Classification: CPC 04, 62112, 62224, 882 Type of Reservation: National treatment Performance requirements Level of Government: Provincial — British Columbia Measures: Fisheries Act, R.S.B.C. 1996, c. 149 Commercial Fisheries and Mariculture: A Policy for the 1980s Description: Investment and Cross-Border Trade in Services Residency, citizenship and performance requirements may be imposed as a condition of licensing to undertake the harvesting of fish, marine plants or wild oysters, or to undertake fish processing, buying or brokering. Offshore processing or processing at sea is limited to fishermen who process their own catches and if the fish species cannot be economically processed in existing shore based facilities.
Reservation I-PT-30 Sector: Transport Sub-Sector: Road transport services Passenger transportation Industry Classification: CPC 7121, 7122 Type of Reservation: Market access Level of Government: Provincial — British Columbia Measures: Passenger Transportation Act, S.B.C. 2004, c. 39 Motor Vehicle Act, R.S.B.C. 1996, c. 318 Description: Investment 1. The Passenger Transportation Act requires a person to obtain a passenger transportation licence from the Passenger Transportation Board to provide taxi or intercity bus services in British Columbia. The Board may approve an application for a licence if the Board considers that: (a) there is a public need for the service; (b) the applicant is ‘fit and proper’ and capable of providing the service; and (c) the application, if granted, would promote sound economic conditions in the passenger transportation business in British Columbia. 2. The Passenger Transportation Board has the power to impose terms and conditions on a licence. If the licence is to include an authorisation to operate motor vehicles as intercity buses, the terms and conditions of the licence include routes and minimum route frequencies for that operation. If the licence is to include an authorisation to operate motor vehicles as passenger directed vehicles (such as taxis and limousines), the terms and conditions of the licence include fleet size, rates and geographic operating area.
Reservation I-PT-31 Sector: Transport Sub-Sector: Road transport services: public transit Industry Classification: CPC 7121, 7122 Type of Reservation: Market access Level of Government: Provincial — British Columbia Measures: British Columbia Transit Act, R.S.B.C. 1996, c. 38 South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30 Description: Investment 1. British Columbia Transit is a Crown corporation with the exclusive authority to plan, acquire, and construct public passenger transportation systems that support regional growth strategies, official community plans and the economic development of the transit service areas in all areas of British Columbia, except the transportation service region supported by the South Coast British Columbia Transportation Authority. 2. The South Coast British Columbia Transportation Authority has exclusive authority to provide a regional transportation system for all municipalities and rural areas located in the Greater Vancouver Regional District that moves people and goods, and supports the regional growth strategy, provincial and regional environmental objectives (including air quality and greenhouse gas emission reduction objectives), and the economic development of the transportation service region.
Reservation I-PT-32 Sector: Energy Sub-Sector: Electricity Services incidental to energy distribution Industry Classification: CPC 171, 887 Type of Reservation: National treatment Performance requirements Level of Government: Provincial — British Columbia Measures: BC Hydro Public Power Legacy and Heritage Contract Act, S.B.C. 2003. c. 86 Clean Energy Act, S.B.C. 2010, c. 22 Utilities Commission Act, R.S.B.C. 1996, c. 473 Hydro and Power Authority Act, R.S.B.C. 1996, c. 212 Description: Investment and Cross-Border Trade in Services 1. In British Columbia, electric utilities operate as regulated monopoly distributors of electricity within the area they service. 2. British Columbia Hydro and Power Authority (‘BC Hydro’) is a Crown corporation that owns most of the generation, transmission and distribution facilities in British Columbia. BC Hydro receives differential treatment under provincial law and is exempted from British Columbia Utilities Commission review in some instances. BC Hydro is prohibited from disposing of (including by way of sale) any of its heritage assets, unless they are no longer used or useful. 3. Subject to direction from the Lieutenant Governor in Council, rates for the sale of electricity within the Province are regulated by the British Columbia Utilities Commission.
Reservation I-PT-33 Sector: Business services Sub-Sector: Free miner Industry Classification: CPC 8675 Type of Reservation: National treatment Level of Government: Provincial — British Columbia Measures: Mineral Tenure Act, R.S.B.C. 1996, c. 292 Description: Cross-Border Trade in Services To obtain a free miner certificate a person must be a resident of Canada for at least 183 days in each calendar year, or be authorised to work in Canada, or be a Canadian corporation or a partnership consisting of qualified individuals or Canadian corporations.
Reservations applicable in Manitoba
Reservation I-PT-34 Sector: Community and personal services Sub-Sector: Funeral Cremation and undertaking services Industry Classification: CPC 9703 Type of Reservation: Market access National treatment Level of Government: Provincial — Manitoba Measures: The Prearranged Funeral Services Act, C.C.S.M. c. F-200 Description: Cross-Border Trade in Services Anyone supplying prearranged funeral plans, on a for-profit basis, must have a licence. Only a person who regularly carries on the business of supplying funeral services and maintains an establishment in Manitoba for this purpose may apply for such a licence. Prearranged funeral plans can only be offered through the establishment associated with the licence.
Reservation I-PT-35 Sector: Service of membership organizations Sub-Sector: Legal documentation and certification Industry Classification: CPC 8613, 95910 Type of Reservation: Market access National treatment Level of Government: Provincial — Manitoba Measures: The Marriage Act, C.C.S.M. c. M-50 Policy Respecting Residency or Citizenship of Appointees Description: Cross-Border Trade in Services Under The Marriage Act, the Minister responsible may appoint a person as a marriage commissioner for the Province, or any part thereof specified by the Minister, and that person may solemnize ceremonies of marriage in accordance with the tenor of the appointment. The Minister may afford preferential treatment to Canadian citizens or permanent residents of Manitoba.
Reservation I-PT-36 Sector: Education Sub-Sector: Other education services Industry Classification: CPC 9290 Type of Reservation: National treatment Level of Government: Provincial — Manitoba Measures: The Manitoba Registered Music Teachers' Association Incorporation Act, R.S.M. 1990, c. 100 Description: Cross-Border Trade in Services No person may be admitted as a member of the Manitoba Registered Music Teachers' Association and thus use the title ‘Registered Music Teacher’, unless that person can demonstrate six months' prior residence in Manitoba.
Reservation I-PT-37 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Level of Government: Provincial — Manitoba Measures: The Community Development Bonds Act, C.C.S.M. c. C-160 Description: Investment 1. All directors of a community development bond corporation must be residents of Manitoba. Incorporators of the corporation must be residents of the municipality in which the corporation's head office is located or of a municipality nearby. 2. If the Government of Manitoba has provided a guarantee of the bond, only eligible bondholders may call on the guarantee. Eligible bondholders are those with a connection to Manitoba or Canada when they purchased the bond: for example, individuals resident in Manitoba, a Manitoba corporation established under the Canada Business Corporations Act, R.S.C., 1985, c. C-44, a corporation with a head office in Manitoba, a trust if the majority of trustees or beneficiaries are residents in Manitoba, or a Manitoba municipality. 3. The proceeds raised from the issue of community development bonds must be invested in ‘eligible businesses’. These are corporations or co-operatives: (a) incorporated under The Corporations Act, C.C.S.M., c. C225 or the Canada Business Corporations Act or The Co-operatives Act, C.C.S.M., c. C223, as the case may be; (b) that carry on or are about to carry on business, on a for-profit basis, in Manitoba; and (c) the Manitoba assets of which are (or will be, when the entity commences business) be controlled by persons resident in Manitoba (among other tests not involving a Manitoba presence or control or ownership by Manitoba residents).
Reservation I-PT-38 Sector: Agriculture Sub-Sector: Agricultural land Forest and other wooded land Industry Classification: CPC 531 Type of Reservation: Market access National treatment Level of Government: Provincial — Manitoba Measures: The Farm Lands Ownership Act, C.C.S.M. c. F-35 Description: Investment Only individuals who are citizens of Canada or permanent residents of Canada within the meaning of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (‘eligible individuals’), corporations, trusts, partnerships or other business entities entirely owned by active or retired farmers or eligible individuals, or a combination of these, governments (municipal and provincial) or government agencies, or qualified immigrants who are entitled and intend to become eligible individuals within two years after acquiring the farm land, may own more than 40 acres of Manitoba farmland.
Reservation I-PT-39 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Performance requirements Level of Government: Provincial — Manitoba Measures: The Labour-sponsored Venture Capital Corporations Act, C.C.S.M. c. L-12 The Corporations Act, C.C.S.M. c. C-225 Description: Investment 1. Labour-sponsored Venture Capital Corporations are required to invest in active businesses (with assets valued at less than CAD $50 million) of which at least 50 per cent of the full-time employees are employees employed in Manitoba, or if at least 50 per cent of employees' wages and salaries are attributable to services rendered in Manitoba by the employees. 2. The corporations must be registered under the Act, and only corporations that have been incorporated under The Corporations Act may apply to be registered. This means that at least 25 per cent of the corporation's directors must be residents of Canada (or at least one, where there are three or fewer directors), pursuant to The Corporations Act.
Reservation I-PT-40 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Level of Government: Provincial — Manitoba Measures: The Cooperatives Act, C.C.S.M. c. C-223 Description: Investment A majority of directors of a cooperative must be resident in Canada. For a directors' meeting of a co-operative to be properly constituted, a majority of the directors at the meeting must be residents in Canada. A director who is a resident of Canada but not present at the meeting can approve the business transacted at a meeting, if the requisite majority would have been present had that director been present. The managing director of a co-operative must be resident in Canada.
Reservation I-PT-41 Sector: Agriculture Sub-Sector: Agricultural land Forest and other wooded land Crown land leases and permits Services incidental to agriculture Services incidental to animal husbandry Industry Classification: CPC 531, 8811 (other than rental of agricultural equipment with operator), 8812 Type of Reservation: Market access National treatment Level of Government: Provincial — Manitoba Measures: The Crown Lands Act, C.C.S.M. c. C-340 Agricultural Crown Land Leases Regulation, 168/2001 Agricultural Crown Land Grazing and Hay Permits Regulation, 288/88 Description: Investment 1. To be eligible to obtain a forage lease of agricultural Crown lands, the tenant must be a Canadian citizen or have landed Canadian immigrant status, and a resident of Manitoba. If the tenant is a partnership or forage co-operative, every partner or member, as the case may be, must be a Canadian citizen or have landed Canadian immigrant status and must be a resident of Manitoba. If the tenant is a corporation, every shareholder must be a Canadian citizen or have landed Canadian immigrant status, and be a resident of Manitoba, and the corporation must be registered to carry on business in Manitoba. 2. A grazing permit or hay permit on agricultural Crown lands may only be granted to a person who is ordinarily resident in or near where the land described in the permit is situated.
Reservation I-PT-42 Sector: Agriculture Sub-Sector: Agricultural land Forest and other wooded land Recreational and other open land Industry Classification: CPC 531, 533 Type of Reservation: National treatment Level of Government: Provincial — Manitoba Measures: The Crown Lands Act, C.C.S.M. c. C-340 Policy respecting allocation, sale and lease of cottage lots and development of commercial establishments in provincial parks and on other Crown land Description: Investment The Minister may afford preferential treatment to Manitoba residents over non-residents in the allocation, sale and lease of cottage lots and development of commercial establishments in provincial parks and on other Crown land.
Reservation I-PT-43 Sector: Fisheries Sub-Sector: Services incidental to fishing Wholesale trade services Industry Classification: CPC 04, 62224, 882 Type of Reservation: Market access National treatment Performance requirements Level of Government: Provincial — Manitoba Measures: The Fisheries Act, C.C.S.M. c. F-90 Fishing Licensing Regulation, Man. Reg. 124/97 Policy respecting the allocation of commercial fishing licences Description: Investment and Cross-Border Trade in Services 1. Unless otherwise authorised by regulation or by the Freshwater Fish Marketing Corporation (the ‘Corporation’), or in certain limited circumstances, no person is permitted to sell or purchase fish caught in Manitoba for delivery in Manitoba except through the Corporation. 2. The Minister has full discretion to issue commercial fishing licences and to place conditions on the licences. The current Policy specifies that commercial fishing licences are to be allocated, re-allocated and renewed according to the value of the benefits generated, in order of priority, to: (a) local; (b) regional; and (c) provincial economies.
Reservation I-PT-44 Sector: Business services Sub-Sector: Land surveyors Industry Classification: CPC 8675 Type of Reservation: Market access National treatment Level of Government: Provincial — Manitoba Measures: The Land Surveyors Act, C.C.S.M. c. L-60 Description: Investment and Cross-Border Trade in Services 1. A ‘Manitoba land surveyor’ must be a natural person. Manitoba land surveyors are not permitted to provide land surveying services through a corporation. Commercial presence of a Manitoba land surveyor must take the form of a sole proprietorship or partnership. 2. A surveyor who practiced land surveying in Manitoba and subsequently became the citizen or subject of a foreign country must be re-naturalised in accordance with the provisions of the Citizenship Act R.S.C., 1985, c. C-29 prior to resuming practice in Manitoba.
Reservation I-PT-45 Sector: Business services Sub-Sector: Legal advisory and representation services Industry Classification: CPC 8612 Type of Reservation: National treatment Level of Government: Provincial — Manitoba Measures: The Legal Profession Act, C.C.S.M. c. L-107 Description: Cross-Border Trade in Services The provision of legal services to the public in Manitoba, concerning Manitoba laws, by inter-jurisdictional law firms is permissible only if, among other things, the firm maintains an office in Manitoba and in at least one other Canadian or foreign jurisdiction, and if at least one member of the firm is entitled to, and does, practice law principally in Manitoba.
Reservation I-PT-46 Sector: Wholesale trade Sub-Sector: Pharmaceutical and medical goods Industry Classification: CPC 62251 Type of Reservation: National treatment Level of Government: Provincial — Manitoba Measures: The Hearing Aid Act, C.C.S.M. c. H-38 Description: Investment and Cross-Border Trade in Services The Hearing Aid Board has the authority to certify hearing aid dealers and to prescribe preferential access to, and preferential conditions on, applicants for certification resident in Manitoba or Canada.
Reservation I-PT-47 Sector: Transport Sub-Sector: Passenger transit systems Industry Classification: CPC 71213, 71223 Type of Reservation: Market access Level of Government: Provincial — Manitoba Measures: The Highway Traffic Act, C.C.S.M. c. H-60 Description: Investment and Cross-Border Trade in Services The Manitoba Transport Board may limit the number of certificates granted to public passenger motor carriers on public roads in Manitoba. The Board may limit new public passenger motor carriers from entering the public service vehicle market or require motor carriers to take on less profitable routes if it considers public availability of the service to be essential.
Reservation I-PT-48 Sector: Business services Sub-Sector: Accounting, auditing and bookkeeping services Industry Classification: CPC 862 Type of Reservation: National treatment Level of Government: Provincial — Manitoba Measures: The Chartered Accountants Act; C.C.S.M. c. C-70 The Certified General Accountants Act, C.C.S.M. c. C-46 The Certified Management Accountants Act, C.C.S.M. c. C-46.1 The Corporations Act, C.C.S.M. c. C-225 Description: Investment The first three Acts cited above indicate that an accounting, auditing, and bookkeeping corporation cannot be issued a corporate permit to offer services in Manitoba, unless incorporated under The Corporations Act. This means that at least 25 per cent of the corporation's directors must be residents of Canada (or at least one, if there are three or fewer directors).
Reservation I-PT-49 Sector: Business services Sub-Sector: Auditing services Industry Classification: CPC 8621 Type of Reservation: Market access National treatment Level of Government: Provincial — Manitoba Measures: The Chartered Accountants Act, C.C.S.M. c. C-70 The Certified General Accountants Act, C.C.S.M. c. C-46 The Certified Management Accountants Act, C.C.S.M. c. C-46.1 The Addictions Foundation Act, C.C.S.M. c. A-60 The Convention Centre Act, S.M. 1988-89 c. 39 amended The Crown Corporations Public Review and Accountability Act, C.C.S.M. c. C-336 amended The Insurance Act, C.C.S.M. c. 140 The Municipal Act, C.C.S.M. c. M-225 The Northern Affairs Act, C.C.S.M. c. N-100 amended The Public Schools Act, C.C.S.M. c. P-250 amended The Trustee Act, C.C.S.M. c. T-160 amended The City of Winnipeg Charter, S.M. 2002, c. 39 amended The Concordia Hospital Incorporation Act, R.S.M. 1990, c. 39 The Hudson Bay Mining Employees' Health Association Incorporation Act, R.S.M. 1990, c. 68 The Investors Syndicate Limited Incorporation Act, R.S.M. 1990, c. 77 The Mount Carmel Clinic Act, R.S.M. 1990, c. 120 L'Œuvre des bourses du Collège de Saint-Boniface Incorporation Act, R.S.M. 1990, c. 132 The Seven Oaks General Hospital Incorporation Act, R.S.M. 1990, c. 180 The United Health Services Corporation Incorporation Act, R.S.M. 1990, c. 201 The Winnipeg Art Gallery Incorporation Act, R.S.M. 1990, c. 216 The Winnipeg Clinic Incorporation Act, R.S.M. 1990, c. 220 Description: Investment and Cross-Border Trade in Services The above listed Acts require that auditing services be performed by a person who is authorised to practice as an accountant under either The Chartered Accountants Act, The Certified General Accountants Act or The Certified Management Accountants Act.
Reservation I-PT-50 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Level of Government: Provincial — Manitoba Measures: The Corporations Act, C.C.S.M. c. C-225 Description: Investment At least 25 per cent of a corporation's directors must be residents of Canada (or at least one, if there are three or fewer directors). Directors must not transact business at a meeting of directors unless at least 25 per cent of the directors present are residents of Canada (or if there are three or fewer directors, at least one of the directors present is a resident of Canada). If the directors delegate any of their powers to a managing director or to a committee, the managing director or a majority of the members of the committee, as the case may be, must be a resident or residents of Canada.
Reservation I-PT-51 Sector: Hunting Sub-Sector: Services incidental to hunting Hunting, fishing and trapping industries Tourist guide agencies Own-account hunting Industry Classification: CPC 7472, 8813, 96419 Type of Reservation: Market access National treatment Level of Government: Provincial — Manitoba Measures: The Wildlife Act, C.C.S.M. c. W–130 Allocation of Hunting Licences Regulation, Man. Reg. 77/2006 Captive Wild Animal Regulation, Man. Reg. 23/98 Exotic Wildlife Regulation, Man. Reg. 78/99 General Hunting Regulation, Man. Reg. 351/87 Hunting Dogs Regulation, Man. Reg. 79/95 Hunting Seasons and Bag Limits Regulation, Man. Reg. 165/91 Miscellaneous Licences and Permits Regulation, Man. Reg. 53/2007 Trapping Areas and Zones Regulation, Man. Reg. 149/2001 Hunting Guides Regulation, Man. Reg. 110/93 Manitoba Trapping Guide 2011/2012 The Resource Tourism Operators Act, C.C.S.M. c. R119.5 Description: Investment and Cross-Border Trade in Services Pursuant to the above Acts and Regulations the Minister, and the Administrator appointed by the Minister, has the discretion to issue permits or licences required under the Acts to a person, subject to such terms and conditions as the Minister or Administrator considers advisable, and to make regulations ancillary to the foregoing. The Regulations may prescribe preferential access to permits and licences, and preferential conditions on such permits and licences, for residents of Manitoba or Canada.
Reservation I-PT-52 Sector: Agriculture Sub-Sector: Products of agriculture Services incidental to agriculture Industry Classification: CPC 01, 8811 (other than rental of agricultural equipment with operator) Type of Reservation: National treatment Level of Government: Provincial — Manitoba Measures: The Wild Rice Act, C.C.S.M. c. W-140 Description: Investment and Cross-Border Trade in Services Only persons who have been resident in Manitoba for at least one year are entitled to apply for a licence, permit, load slip or export certificate under this Act.
Reservation I-PT-53 Sector: Forestry Sub-Sector: Forestry and logging products Services incidental to manufacturing Industry Classification: CPC 0311, 0312, 8843 Type of Reservation: National treatment Performance requirements Level of Government: Provincial — Manitoba Measures: The Forest Act, C.C.S.M. c. F-150 Forest Use and Management Regulation, Man. Reg. 227/88R Description: Investment and Cross-Border Trade in Services Pursuant to the above Act and Regulation, the Minister is responsible for regulating all forestry matters in accordance with the Act and Regulation, and has the discretion to make grants or issue permits or licences required under the Act to a person, subject to such terms and conditions as the Minister considers advisable. Timber cutting rights must be granted in a way that the Minister believes secures the maximum benefit for Manitoba's forestry industry. Manitoba residents or Canadian citizens may be given preference if such grants are made or permits or licences are issued.
Reservation I-PT-54 Sector: Transport Sub-Sector: Passenger road transport (taxicabs) Industry Classification: CPC 71221 Type of Reservation: Market access Level of Government: Provincial — Manitoba Measures: The Taxicab Act, C.C.S.M. c. T-10 The Highway Traffic Act, C.C.S.M. c. H-60 Description: Investment and Cross-Border Trade in Services 1. The Taxicab Act requires all persons seeking to operate a taxi or carry on a taxi business to apply for and obtain a taxicab business licence from the Taxicab Board. The Board has the power to impose terms and conditions on a taxicab business licence it issues. In deciding whether or not to grant a licence, the Board must apply tests of public convenience and necessity in respect of the number of taxicabs required in The City of Winnipeg. 2. The Highway Traffic Act requires all persons seeking to operate a taxi across municipal boundaries to apply for and obtain a certificate from the Motor Transport Board. The Board has the power to impose terms and conditions on a certificate it issues. In deciding whether or not to grant a certificate, the Board must consider if the existing facilities for transportation are insufficient or that the public convenience will be promoted by the establishment or continuance from year to year of the proposed transportation service.
Reservation I-PT-55 Sector: Agriculture Sub-Sector: Products of agriculture Live animals and animal products Meats and dairy products Other food products n.e.c. Services incidental to agriculture Industry Classification: CPC 01, 02, 21, 22, 239, 8811 (other than rental of agricultural equipment with operator) Type of Reservation: National treatment Level of Government: Provincial — Manitoba Measures: The Farm Products Marketing Act, C.C.S.M. c. F-47 Dairy Farmers of Manitoba Marketing Plan Regulation, Man. Reg. 89/2004 Manitoba Egg and Pullet Producers Marketing Plan Regulation, Man. Reg. 70/2005 Manitoba Chicken Broiler Producers Marketing Plan Regulation, Man. Reg. 246/2004 Manitoba Turkey Producers Marketing Plan Regulation, Man. Reg. 38/2004 Manitoba Vegetable Producers Marketing Plan Regulation, Man. Reg. 117/2009 The Milk Prices Review Act, C.C.S.M. c. M-130 Description: Investment and Cross-Border Trade in Services The boards and commissions under the above measures may afford preferences to permanent residents of Manitoba or Canadian citizens.
Reservation I-PT-56 Sector: Energy Sub-Sector: Electrical power Industry Classification: CPC 17, 887 Type of Reservation: National treatment Level of Government: Provincial — Manitoba Measures: The Manitoba Hydro Act, C.C.S.M. c. H-190 The Public Utilities Board Act, C.C.S.M. c. P-280 The Water Power Act, C.C.S.M. c. W-60 The Environment Act, C.C.S.M. c. E-125 The Crown Corporations Public Review and Accountability Act, C.C.S.M. c. C336 Description: Investment and Cross-Border Trade in Services 1. The above measures, among other things, permit the Government of Manitoba or Manitoba Hydro to: (a) regulate, and issue various licences, authorisations or approvals relating to the generation, transmission, distribution, importation, exportation and supply and sale of electricity, if generated from renewable energy sources or from other goods, forces or sources from which it is possible to generate electricity; (b) regulate the development, construction or maintenance of power plants, generating stations, substations, transmission lines, transmission towers and other facilities or structures or equipment required in connection with any of the activities set out in paragraph (a); and (c) transfer or grant real property or interests in real property in Manitoba, or transfer personal property or interests in personal property, in connection with any of the activities set out in paragraphs (a) or (b). 2. Without limiting the generality of the foregoing, these measures may involve discrimination in favour of Manitoba residents or entities formed in accordance with the laws of Canada (and having a place of business in Manitoba).
Reservation I-PT-57 Sector: Alcoholic beverages Sub-Sector: Commission agents' services Wholesale trade services Retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107 Type of Reservation: National treatment Level of Government: Provincial — Manitoba Measures: The Liquor and Gaming Control Act, C.C.S.M. c. L-160 The Corporations Act, C.C.S.M. c. C-225 Description: Investment and Cross-Border Trade in Services The Liquor and Gaming Control Authority of Manitoba has the discretion to grant licences to sell alcoholic beverages. If the applicant is an individual, the licence may only be issued to an adult natural person who is a Canadian citizen or has permanent residence status and resides in Canada. If the applicant is a partnership, all of its members must meet this requirement. If the applicant is a corporation, it must be incorporated or authorised to carry on its business in Manitoba under Manitoba law. If the applicant is incorporated under Manitoba law, 25 per cent of the corporation's directors must be residents of Canada (or at least one, if there are three or fewer directors).
Reservation I-PT-58 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: National treatment Level of Government: Provincial — Manitoba Measures: The Liquor and Gaming Control Act, C.C.S.M. c. G-5 The Manitoba Liquor and Lotteries Corporation Act, C.C.S.M. c. L-210 The Manitoba Horse Racing Commission Act, C.C.S.M. c. H-90 Rules of Thoroughbred Racing and Commission Directives, 2011 Rules of Standardbred Racing and Commission Directives, 2010 Commission Quarterhorse Directives, 2011 Pari-Mutuel Betting Supervision Regulations, SOR 91-365 Description: Investment and Cross-Border Trade in Services Gaming Activities by Charitable and Religious Organisations, Fairs and Exhibitions and Concession and Amusement Operators 1. Charitable and religious organisations, fairs and exhibitions and concession and amusement operators may not carry on gaming activities in Manitoba unless they are licenced to do so by the Liquor and Gaming Control Authority of Manitoba or by another body authorised by Manitoba. The Liquor and Gaming Control Authority has discretion to issue these licences subject to such terms and conditions as it considers advisable, and may afford preferential treatment to applicants with a presence in Manitoba. 2. No one may become an employee of The Manitoba Liquor and Lotteries Corporation or of a Manitoba gaming operator, or regularly be in a premises in Manitoba if the gaming activity is taking place for the purpose of providing a gaming service, unless they have been registered for this purpose by the Liquor and Gaming Control Authority. The Liquor and Gaming Control Authority has discretion to register a person, subject to such terms and conditions as it considers advisable, and may afford preferential treatment to Canadian citizens or permanent residents of Manitoba. 3. No proprietor, business entity or association may become a Manitoba gaming operator, a Manitoba video lottery terminal siteholder, a Manitoba lottery ticket retailer or a supplier of gaming supplies or gaming services in Manitoba unless they have been registered for this purpose by the Liquor and Gaming Control Authority. The Liquor and Gaming Control Authority has discretion to register a proprietor, business entity or association, subject to such terms and conditions as it considers advisable, and may afford preferential treatment to Canadian citizens or permanent residents of Manitoba or to business entities or associations with a presence in Manitoba. Gaming Activities — Lottery Schemes 4. Only the Government of Manitoba is authorised to conduct and manage lottery schemes in Manitoba that fall outside the authority of the Liquor and Gaming Control Authority or other bodies authorised to issue licences to conduct and manage lottery schemes in Manitoba. Manitoba conducts and manages lottery schemes within Manitoba through The Manitoba Liquor and Lotteries Corporation, as agent for Manitoba. Manitoba also conducts and manages lottery schemes in Manitoba and one or more other Canadian jurisdictions in co-operation with the governments of those other jurisdictions through Western Canada Lottery Corporation and Interprovincial Lottery Corporation. The Manitoba Liquor and Lotteries Corporation, Western Canada Lottery Corporation and Interprovincial Lottery Corporation are collectively referred to as the ‘Corporations’. 5. Manitoba and the Corporations may afford preferential treatment to Canadian citizens or permanent residents of Manitoba or to business entities with a presence in Manitoba in connection with any of the foregoing activities. Horse Racing and Betting 6. No one may operate a race track or a pari-mutuel betting theatre or act as a concessionaire on a race track or in a betting theatre in Manitoba unless they are licenced to do so by the Horse Racing Commission. The Commission has discretion to issue licences to any person or business entity, subject to such terms and conditions as it considers advisable, and may afford preferential treatment to Canadian citizens or permanent residents of Manitoba or business entities with an office in Manitoba.
Reservations applicable in New Brunswick
Reservation I-PT-59 Sector: Forestry Sub-Sector: Agricultural, forest and other wooded land Forestry and logging products Industry Classification: CPC 03, 531 Type of Reservation: Performance requirements Level of Government: Provincial — New Brunswick Measures: Crown Lands and Forest Act, S.N.B. 1980, c. C-38.1 Description: Investment Subject to certain exceptions every licence or permit authorising the cutting of Crown timber shall be granted on condition that all timber cut thereunder must be processed in New Brunswick into lumber, pulp or other wood products.
Reservation I-PT-60 Sector: Mining Sub-Sector: Mining Quarrying and oil well industries Industry Classification: CPC 11, 12, 13, 14, 15, 16 Type of Reservation: Performance requirements Level of Government: Provincial — New Brunswick Measures: Mining Act, S.N.B. 1985, c. M-14.1 Description: Investment If required to do so by the Minister at the time a mining lease is granted or at any time thereafter, a lessee shall process or further process in the Province any minerals mined in the Province under the mining lease.
Reservation I-PT-61 Sector: Alcoholic beverages Sub-Sector: Commission agents' services Wholesale trade services Retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107 Type of Reservation: National treatment Performance requirements Level of Government: Provincial — New Brunswick Measures: Liquor Control Act, R.S.N.B. 1973, c. L-10 Description: Investment and Cross-Border Trade in Services 1. The New Brunswick Liquor Commission (‘ANBL’) is a Government of New Brunswick Crown agency that is the sole importer and wholesaler, retailer, and distributor of alcoholic beverages in New Brunswick. The above measures permit New Brunswick to regulate and authorise the importation, purchase, production, distribution, supply, marketing and sale of alcoholic beverages in New Brunswick. The ANBL sets, at its discretion, performance requirements that must be met or exceeded in order for the importation, distribution and retail relationship to continue with any given supplier be they domestic or international. 2. The ANBL reserves the right to preferentially promote and market locally produced alcoholic beverage products.
Reservations applicable in Newfoundland and Labrador
Reservation I-PT-62 Sector: Energy Sub-Sector: Crude petroleum and natural gas Industry Classification: CPC 120, 7112, 71232, 7131, 7422, 8675, 883, 887 Type of Reservation: Market access (CPC 71232 and 7422 only) National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Newfoundland and Labrador Measures: Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2 Canada-Newfoundland Atlantic Accord — February 11, 1985 Energy Corporation Act, S.N.L. 2007, c. E-11.01 Petroleum and Natural Gas Act, RSNL 1990, c. P-10 Description: Investment and Cross-Border Trade in Services The above measures permit the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the exploration, production, extraction, development and transportation of hydrocarbons, and the granting of exclusive rights to operate hydrocarbon distribution systems and storage facilities, including, related hydrocarbon pipelines, marine distribution, transshipment facilities and transport services. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
Reservation I-PT-63 Sector: Energy Sub-Sector: Electricity Services incidental to energy distribution Industry Classification: CPC 171, 887 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Newfoundland and Labrador Measures: Electric Power Control Act, 1994, S.N.L. 1994, c. E-5.1 Energy Corporation Act, S.N.L. 2007, c. E-11.01 Energy Corporation of Newfoundland and Labrador Water Rights Act, S.N.L. 2008, c. E-11.02 Hydro Corporation Act, 2007, SNL 2007, c. H-17 Lower Churchill Development Act, RSNL 1990, c. L-27 Lands Act, SNL 1991, c. 36 Water Resources Act, SNL 2002, c. W-401 Description: Investment and Cross-Border Trade in Services 1. The above measures, among other things, permit the Government of Newfoundland and Labrador to: (a) regulate and issue various authorisations relating to the production, generation, development, transmission (including system control), distribution, delivery, supply and exportation of electricity, and provide for the construction and maintenance of related facilities; (b) provide for the granting of the lands or waters within the domain of the Province for a good, source or force of energy from which it is possible to produce electricity, including the installation of wind turbines and hydroelectric developments; and (c) set and modify rates for electricity. 2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
Reservation I-PT-64 Sector: Forestry Sub-Sector: Wood in the rough Products of wood, cork, straw and plaiting materials Forestry and logging products Pulp, paper and paper products Manufacture of wood and of products of wood and cork, except furniture Manufacture of articles of straw and plaiting materials, on a fee or contract basis Industry Classification: CPC 031, 31, 321, 88430 Type of Reservation: Market access (CPC 31 only) National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Newfoundland and Labrador Measures: Forestry Act, R.S.N.L. 1990, c. F-23 Forest Protection Act, R.S.N.L. 1990, c. F-22 Plant Protection Act, R.S.N.L. 1990, c. P-16 Description: Investment The above measures allow the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the production, extraction and development of forestry resources and related products within the Province. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
Reservation I-PT-65 Sector: Agriculture Sub-Sector: Products of agriculture Forestry and fishing Wholesale trade services of agriculture raw materials and live animals Services incidental to agriculture, hunting and forestry Services incidental to fishing Industry Classification: CPC 01, 021, 029, 04, 21, 22, 6221, 62224, 881 (other than rental of agricultural equipment with operator and 8814), 882 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Newfoundland and Labrador Measures: Farm Products Corporation Act, R.S.N.L. 1990, c. F-5 Natural Products Marketing Act, R.S.N.L. 1990, c. N-2 Poultry and Poultry Products Act, R.S.N.L. 1990, c. P-18 Description: Investment and Cross-Border Trade in Services The above measures allow the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the production and marketing of agricultural and food products and the marketing of fish products and wild fur within the Province, including measures related to the supply management of dairy, eggs and poultry products. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, the imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
Reservation I-PT-66 Sector: Fisheries Sub-Sector: Fish and other fishing products Prepared and preserved fish Wholesale trade services of fisheries products Services incidental to fishing Industry Classification: CPC 04, 212, 62224, 882 Type of Reservation: Performance requirements Level of Government: Provincial — Newfoundland and Labrador Measures: Fisheries Act, S.N.L. 1995, c. F-12.1 Aquaculture Act, R.S.N.L. 1990, c. A-13 Fish Inspection Act, R.S.N.L. 1990, c. F-12 Fishing Industry Collective Bargaining Act, R.S.N.L. 1990, c. F-18 Fish Processing Licensing Board Act, S.N.L. 2004, c. F-12.01 Professional Fish Harvesters Act, S.N.L. 1996, c. P-26.1 Lands Act, S.N.L. 1991, c. 36 Water Resources Act, S.N.L. 2002 c. W-4.01 Description: Investment The above measures allow the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the production, processing or marketing of fish and aquaculture fish products, including the transfer, delivery or transmission of marine products by fish harvesters, aquaculturalists and subsequent purchasers. These measures provide for the imposition of performance requirements in certain circumstances.
Reservation I-PT-67 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Senior management and boards of directors Level of Government: Provincial — Newfoundland and Labrador Measures: Corporations Act, R.S.N.L 1990, c. C-36 Description: Investment 1. At least 25 per cent of the directors of all corporations incorporated under the Corporations Act must be resident Canadians, except: (a) a corporate body that was incorporated under The Companies Act and was continued under the Corporation Act, and maintains the same proportion of non-resident directors after January 1, 1987 that it had before January 1, 1987; or (b) a corporation that earns no income in Canada. 2. Directors of a corporation incorporated under the Corporations Act must not transact a business at a meeting of directors unless at least 25 per cent of directors present are resident Canadians, except if a resident Canadian director who is unable to be present approves, in writing or by telephone or other communications facilities, of the business transacted, and at least 25 per cent of the directors at the meeting would have been resident Canadian had that director been present.
Reservation I-PT-68 Sector: Business services Sub-Sector: Surface surveying services Industry Classification: CPC 86753 Type of Reservation: Market access National treatment Level of Government: Provincial — Newfoundland and Labrador Measures: Land Surveyors Act, 1991, S.N.L. 1991, c. C-37 Description: Investment and Cross-Border Trade in Services Canadian permanent residency is required for the issuance of a certificate of authorisation to a firm, a partnership or corporate body to practice surveying within the Province.
Reservation I-PT-69 Sector: Business services Sub-Sector: Private investigation and security services Industry Classification: CPC 873 Type of Reservation: Market access National treatment Senior management and boards of directors Level of Government: Provincial — Newfoundland and Labrador Measures: Private Investigation and Security Services Act, R.S.N.L. 1990, c. P-24 Description: Investment and Cross-Border Trade in Services 1. The holder of a licence to carry on the business of private investigation or security services agency must be a citizen or permanent resident of Canada, and the manager of such business must ordinarily reside in Canada. 2. A majority of the board of directors must be permanent residents of Canada.
Reservation I-PT-70 Sector: Tourism Sub-Sector: Services incidental to hunting, tourist guide agencies Own-account hunting Industry Classification: CPC 7472, 8813, 96419 Type of Reservation: Market access National treatment Level of Government: Provincial — Newfoundland and Labrador Measures: Wild Life Act, R.S.N.L. 1990, c. W-8 Description: Investment and Cross-Border Trade in Services 1. Non-residents of the Province must employ licenced guides while undertaking certain licenced hunting activities within the Province. 2. Non-residents of the Province are not permitted to obtain certain types of licences, and are required to obtain non-resident licences to undertake certain fishing activities within the Province. 3. Canadian residency is required in order to obtain registration as a guide.
Reservation I-PT-71 Sector: Land Sub-Sector: Recreational and other open land Industry Classification: CPC 5330 Type of Reservation: Market access National treatment Level of Government: Provincial — Newfoundland and Labrador Measures: Lands Act, S.N.L. 1991, c. 36 Policy Directive FT. 004 (Amendment 1), 2001 Description: Investment Only permanent residents of the Province are eligible to receive residential cottage licences for Crown land.
Reservation I-PT-72 Sector: Transport Sub-Sector: Railroad transportation services Industry Classification: CPC 711 Type of Reservation: Performance requirements Level of Government: Provincial — Newfoundland and Labrador Measures: Rail Service Act, 2009, S.N.L. 2009, c. R-1.2 Description: Investment A person seeking to purchase, operate or construct a rail service within the Province must first obtain Provincial approval. This approval may be granted on terms and conditions the Province considers appropriate. Without limiting the generality of the foregoing, this approval may involve discretionary decisions based on various factors, including the imposition of performance requirements.
Reservation I-PT-73 Sector: Transport Sub-Sector: Other land transportation services Industry Classification: CPC 712 Type of Reservation: Market access Performance requirements Level of Government: Provincial — Newfoundland and Labrador Measures: Aquaculture Act, R.S.N.L. 1990, c. A-13 Fisheries Act, S.N.L. 1995, c. F-12.1 Fish Inspection Act, R.S.N.L. 1990, c. F-12 Liquor Corporation Act, R.S.N.L. 1990, c. L-19 Liquor Control Act, R.S.N.L. 1990, c. L-18 Motor Carrier Act, R.S.N. 1990, c. M-19 Professional Fish Harvesters Act, S.N.L. 1996, c. P-26.1 Description: Investment Public convenience and needs tests are applied to passenger transportation and to some subsectors of freight transportation within the Province. The criteria relating to approval include: the adequacy of current levels of service, market conditions establishing the requirement for the expanded service, the effect of new entrants on public convenience, and the fitness, willingness and ability of the applicant to provide proper service. Performance requirements may be imposed.
Reservation I-PT-74 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Newfoundland and Labrador Measures: Labour Relations Act, R.S.N.L. 1990, c. L-1 Description: Investment The above measure allows the Lieutenant Governor in Council of Newfoundland and Labrador to issue Special Project Orders. Without limiting the generality of the foregoing, these Orders may involve discretionary decisions based on various factors and limitations on or linkages to investment or market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
Reservation I-PT-75 Sector: Recreational, cultural, sporting and associated services Sub-Sector: Gambling and betting Services incidental to manufacturing of metal products, machinery and equipment Industry Classification: CPC 8844, 885, 96492 Type of Reservation: Market access (CPC 8844 and 885 only) National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Newfoundland and Labrador Measures: Lotteries Act, S.N.L. 1991, c. 53 Description: Investment and Cross-Border Trade in Services 1. The above measure permits the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to services, suppliers of services, manufacturing, suppliers of materials, operations and repairs relating to lotteries, lottery schemes, amusement machines, video lottery machines, games of chance, races, betting theatres, bingo casinos and promotional contests. 2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
Reservation I-PT-76 Sector: Alcoholic beverages Sub-Sector: Commission agents' services Wholesale trade services Retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107, 643 and 88411 Type of Reservation: Market access National treatment Performance requirements Level of Government: Provincial — Newfoundland and Labrador Measures: Liquor Corporation Act, R.S.N.L. 1990, c. L-19 Liquor Control Act, R.S.N.L. 1990, c. L-18 Description: Investment and Cross-Border Trade in Services 1. The above measures permit the Government of Newfoundland and Labrador to regulate and issue various authorisations relating to the production, distribution, supply, sale, and marketing of alcoholic beverages. 2. The Newfoundland Liquor Corporation operates as a monopoly responsible for the distribution, supply, transport, sale and marketing of alcoholic beverages. 3. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Newfoundland and Labrador or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive operations within Newfoundland and Labrador.
Reservation I-PT-77 Sector: Business services Sub-Sector: Legal services (notaries) Industry Classification: CPC 861 Type of Reservation: Market access National treatment Level of Government: Provincial — Newfoundland and Labrador Measures: Notaries Public Act, R.S.N.L. 1990, c. N-5 Description: Investment and Cross-Border Trade in Services Only a Canadian citizen that is resident in the Province is eligible to become a notary public for the Province.
Reservations applicable in the Northwest Territories
Reservation I-PT-78 Sector: Business services Sub-Sector: Legal services (notaries public) Industry Classification: CPC 861 Type of Reservation: Market access National treatment Level of Government: Territorial — Northwest Territories Measures: Evidence Act, R.S.N.W.T. 1988, c. E-8, s. 79 Description: Investment and Cross-Border Trade in Services A person who seeks appointment as a notary public must reside in the Northwest Territories and be either a citizen of Canada or a person who has the status of a permanent resident of Canada.
Reservations applicable in Nova Scotia
Reservation I-PT-79 Sector: Business services Sub-Sector: Accounting services Industry Classification: CPC 862 Type of Reservation: Market access National treatment Level of Government: Provincial — Nova Scotia Measures: Certified General Accountants Act, S. N.S. 1998, c. 10 Certified Management and Accountants of Nova Scotia Act, S.N.S. 2005, c. 35 Public Accountants Act, R.S.N.S. 1989, c. 369 Chartered Accountants Act, S.N.S. 1994, c. 14 Description: Cross-Border Trade in Services Only residents of Canada are eligible to be licenced to practice as a public accountant in Nova Scotia and to use the designation ‘Public Accountant’.
Reservation I-PT-80 Sector: Tourism and recreational services Sub-Sector: Service incidental to hunting Tour guide agencies Own-account hunting Industry Classification: CPC 7472, 8813, 96419 Type of Reservation: Market access National treatment Level of Government: Provincial — Nova Scotia Measures: Wildlife Act, R.S.N.S. 1989, c. 504 Description: Cross-Border Trade in Services Only Nova Scotia residents are eligible to receive a fur harvesters' or moose hunting licence. Non-residents may be subject to supervision by a qualified guide while hunting or fishing in designated rivers.
Reservation I-PT-81 Sector: Transport Sub-Sector: Highway freight transport Industry Classification: CPC 7123 Type of Reservation: Market access Performance requirements Level of Government: Provincial — Nova Scotia Measures: The Public Utilities Act, R.S., c. 380, s. 1 Description: Investment Public convenience and needs tests are applied to some sub-sectors of freight transportation within the Province. The criteria relating to approval include the adequacy of current levels of service, market conditions establishing the requirement for the expanded service, the effect of new entrants on public convenience, and the fitness, willingness and ability of the applicant to provide proper service. Performance requirements may be imposed.
Reservation I-PT-82 Sector: Transport Sub-Sector: Interurban motor bus transport and scheduled services Industry Classification: CPC 7121 Type of Reservation: Market access Performance requirements Level of Government: Provincial — Nova Scotia Measures: Public Utilities Act, R.S.N.S. 1989, c. 380 Description: Investment and Cross-Border Trade in Services Licencing of new entrants to this service is subject to public convenience and needs tests which includes: the 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 provide proper service. Performance requirements may be imposed.
Reservation I-PT-83 Sector: Land Sub-Sector: Other land Industry Classification: CPC 539 Type of Reservation: National treatment Level of Government: Provincial — Nova Scotia Measures: Land Titles Clarification Act, R.S.N.S. 1989, c. 250 Description: Investment An applicant who claims land in a land titles clarification area based on historical adverse possession must be a resident of Nova Scotia.
Reservation I-PT-84 Sector: Credit and collection services Sub-Sector: Credit reporting and collection agency services Consumer reporting agencies Industry Classification: CPC 87901, 87902, 87909 Type of Reservation: Market access National treatment Level of Government: Provincial — Nova Scotia Measures: Consumer Creditors' Conduct Act, R.S.N.S., c. 91 Consumer Protection Act, R.S.N.S., c. 92 Consumer Reporting Act, R.S.N.S., c. 93 Consumer Services Act, R.S.N.S., c. 94 Direct Sellers Licensing and Regulation Act, R.S.N.S. 1989, c. 129 Description: Investment and Cross-Border Trade in Services 1. Whether as an individual or partnership, an applicant for registration as a consumer reporting agency must be a Canadian citizen or lawfully admitted to Canada and ordinarily resident. A corporate applicant must be incorporated in Canada and registered to do business in Nova Scotia. A consumer reporting agency, whether an individual, partnership, or corporation, shall operate from the fixed place of business in Nova Scotia, that shall be open to the public during normal business hours. 2. Credit Reporting and Collection Agency Services must be supplied through a commercial presence. 3. Permanent residency is required to provide Consumer Agents Services 4. A licence application requires an address for service in Nova Scotia with direct sellers maintaining a permanent place of business in Nova Scotia.
Reservation I-PT-85 Sector: Alcoholic beverages Sub-Sector: Commission agents' services Wholesale trade services Retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107, 643, 88411 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Nova Scotia Measures: Liquor Control Act, R.S.N.S. 1989, c. 260 Description: Investment and Cross-Border Trade in Services 1. The above measure allows the Province, through the monopoly of the Nova Scotia Liquor License Corporation, to regulate and issue various authorisations relating to the purchase, importation, possession, delivery and sale of liquor and merchandise. 2. Without limiting the generality of the foregoing, this measure may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.
Reservation I-PT-86 Sector: Community and personal services Sub-Sector: Religious organizations Industry Classification: CPC 95910 Type of Reservation: National treatment Level of Government: Provincial — Nova Scotia Measures: Solemnization of Marriage Act, R.S.N.S. 1989, c. 436 Description: Cross-Border Trade in Services Only Nova Scotia residents may be registered as a person authorised to perform marriages.
Reservation I-PT-87 Sector: Mining Sub-Sector: Mining, quarrying, and oil well industries Industry Classification: CPC 11, 12, 13, 14, 15, 16, 883 Type of Reservation: Performance requirements Level of Government: Provincial — Nova Scotia Measures: Mineral Resources Act, S.N.S. 1990, c. 18 Description: Investment 1. Except for testing, no person shall remove from the Province to a place outside of Canada for processing an output from a mine in the Province without first obtaining the consent of the Minister. 2. A penalty equal to three times the royalty an operator would otherwise be required to pay may be ordered for failure to obtain consent. 3. Differential royalties also apply for mine output processed outside Nova Scotia.
Reservation I-PT-88 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Services incidental to manufacturing Industry Classification: CPC 8844, 885, 96492 Type of Reservation: Market access (only to CPC 8844 and 885) National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Nova Scotia Measures: Gaming Control Act, S.N.S. 1994-95, c. 4 Description: Investment and Cross-Border Trade in Services 1. The above measure allows the Province to regulate and issue various authorisations relating to services, suppliers of services, manufacturing, suppliers of materials, operations and repairs relating to lotteries, lottery schemes, amusement machines, video lottery machines, games of chance, races, betting theatres, bingo casinos and promotional contest. 2. Without limiting the generality of the foregoing, these measures may involve discretionary decision based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.
Reservation I-PT-89 Sector: Community and personal services Sub-Sector: Funeral, cremation and undertaking services Industry Classification: CPC 9703 Type of Reservation: Market access National treatment Level of Government: Provincial — Nova Scotia Measures: Embalmers and Funeral Directors Act, R.S.N.S., c. 144 Description: Investment and Cross-Border Trade in Services 1. The Minister has power to refuse to issue or re-issue a licence in respect of a funeral home for any reasonable cause. 2. The regulation provides that a person applying for an apprentice embalmer's licence must have completed one of two courses of study in Nova Scotia. If a person has completed a course of study in a jurisdiction other than Nova Scotia, the Board has the discretion not to approve or accept the course of study.
Reservation I-PT-90 Sector: Energy Sub-Sector: Crude oil and natural gas Industry Classification: CPC 120, 7112, 71232, 7131, 7422, 8675, 883, 887 Type of Reservation: Market access (CPC 71232 and 7422 only) National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Nova Scotia Measures: Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, S.N.S. 1987, c. 3 Crown Lands Act, R.S.N.S. 1989, c. 114 Gas Distribution Act, S.N.S. 1997, c. 4 Offshore Petroleum Royalty Act, S.N.S. 1987, c. 9 Petroleum Resources Act, R.S.N.S. 1989, c. 342 Petroleum Resources Removal Permit Act, S.N.S. 1999, c. 7 Pipeline Act, R.S.N.S. 1989, c. 345 Public Utilities Act, R.S.N.S. 1989, c. 380 Description: Investment and Cross-Border Trade in Services 1. The Government of Nova Scotia regulates and issues various authorisations relating to the exploration, production, extraction, processing, development and transportation of hydrocarbons, and the granting of exclusive rights to operate hydrocarbon distribution systems and storage facilities, including related hydrocarbon pipelines, marine distribution, transshipment facilities and transport services. 2. The granting of authorisations may involve discretionary decisions based on various factors, limitations on market access, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.
Reservation I-PT-91 Sector: Fisheries Sub-Sector: Fish and other fishing products Prepared and preserved fish Wholesale trade services of fisheries products Services incidental to fishing Industry Classification: CPC 04, 212, 62224, 882 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Nova Scotia Measures: Fisheries and Coastal Resources Act, R.S.N.S. 1996, c. 25 Fisheries Organizations Support Act, S.N.S., 1995-96, c. 6 Description: Investment and Cross-Border Trade in Services 1. The above measures allow the Province to regulate and issue various authorisations relating to the production, processing or marketing of fish and aquaculture fish products, including the transfer, delivery or transmission of marine products by fish harvesters, aquaculturalists and subsequent purchasers. 2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.
Reservation I-PT-92 Sector: Forestry Sub-Sector: Products of wood, cork, straw and plaiting materials Forestry and logging products Pulp, paper and paper products Manufacture of wood and of products of wood and cork, except furniture Manufacture of articles of straw and plaiting materials on a fee or contract basis Industry Classification: CPC 031, 31, 321, 88430 Type of Reservation: Market access (CPC 31 only) National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Nova Scotia Measures: Crown Lands Act, R.S.N.S. 1989, c. 114 Forests Act, R.S.N.S. 1989, c. 179 Primary Forests Products Marketing Act, R.S.N.S. 1989, c. 355 Description: Investment and Cross-Border Trade in Services 1. The above measures allow the Province to regulate and issue various authorisations relating to the production, extraction and development of forestry resources and related products within the Province. 2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, limitations on market access imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.
Reservation I-PT-93 Sector: Agriculture Sub-Sector: Products of agriculture Forestry and fishing Wholesale trade services of agriculture raw materials and live animals Services incidental to agriculture, hunting and forestry Services incidental to fishing Industry Classification: CPC 01, 021, 029, 04, 21, 22, 6221, 881 (other than rental of agricultural equipment with operator and 8814), 882 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Nova Scotia Measures: Natural Products Act, R.S.N.S. 1989, c. 308 Dairy Industry Act, S.N.S. 2000, c. 24 Agriculture and Rural Credit Act, R.S.N.S. 1989, c. 7 Agriculture and Marketing Act, R.S.N.S., c. 6 Description: Investment and Cross-Border Trade in Services 1. The above measures allow the Province to regulate and issue various authorisations relating to the production and marketing of agricultural and food products and fish products within the Province, including measures related to the supply management of dairy, eggs and poultry products. 2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.
Reservation I-PT-94 Sector: Energy Sub-Sector: Electricity Services incidental to energy distribution Industry Classification: CPC 17, 887 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Nova Scotia Measures: Crown Lands Act, R.S.N.S. 1989, c. 114 Electricity Act, S.N.S. 2004, c. 25 Nova Scotia Power Privatization Act, S.N.S. 1992, c. 8 Nova Scotia Power Reorganization (1998) Act, S.N.S. 1998, c. 19 Public Utilities Act, R.S.N.S. 1989, c. 380 Renewable Electricity Regulations, O.I.C. 2010-381 (October 12, 2010), N.S. Reg. 155/2010 Description: Investment and Cross-Border Trade in Services 1. The above measures, among other things, permit the Government of Nova Scotia to: (a) regulate and issue various authorisations relating to the production, development, operation and maintenance of generation, transmission (including system control), distribution, delivery, importation, exportation and supply of electricity, including electricity generated by renewable energy sources; (b) provide for the granting of lands or waters within the Province for any good, source or force of energy from which it is possible to produce electricity, including the installation of wind turbines and hydroelectric developments; and (c) Set and modify electricity rates, including feed-in tariffs. 2. Without limiting the generality of the foregoing, these measures may involve discretionary decisions based on various factors, imposition of performance requirements or discrimination in favour of residents of Nova Scotia or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business and substantive business activities within Nova Scotia.
Reservations applicable in Nunavut
Reservation I-PT-95 Sector: Tourism, agriculture Sub-Sector: Other — services incidental to hunting Hunting, fishing and trapping industries Tourist guide agencies (wilderness tourism) Own-account hunting Live animals Hides, skins and furskins Industry Classification: CPC 021, 0297, 7472, 8813, 96419 Type of Reservation: National treatment Performance requirements Level of Government: Territorial — Nunavut Measures: Wildlife Act, S. Nu. 2003, c. 26, s. 113 Description: Investment and Cross-Border Trade in Services In the allocation of a dealer's licence, guiding licence, fur farm licence, game farm licence, tanning licence or taxidermy licence, preference shall be given to an applicant who had made his or her principal residence in the Nunavut Settlement Area for at least 18 continuous months prior to the submission of his or her application. Preference will also be given to applications that will likely provide direct benefits to the Nunavut economy, in particular through employment of local human and economic resources.
Reservation I-PT-96 Sector: Business services Sub-Sector: Legal services (notaries public) Industry Classification: CPC 861 Type of Reservation: Market access National treatment Level of Government: Territorial — Nunavut Measures: Evidence Act, R.S.N.W.T. 1988, c. E-8, s. 79 Description: Investment and Cross-Border Trade in Services Every person who seeks appointment as a notary public must reside in Nunavut and be either a citizen of Canada or a person who has the status of a permanent resident of Canada.
Reservations applicable in Ontario
Reservation I-PT-97 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Senior management and boards of directors Level of Government: Provincial — Ontario Measures: Business Corporations Act, R.S.O. 1990, c. B.16, ss. 118(3), 126(2), and 45(1)(b) Special Acts of the Legislature incorporating specific companies Description: Investment 1. At least 25 per cent of directors of corporations (other than non-resident corporation) must be resident Canadians. If fewer than four directors, at least one must be a resident Canadian. Majority of directors' meetings must be held in Canada each year. 2. Constraints may be placed on the transfer and ownership of shares in corporations. Corporations may sell shareholders' shares without their consent and purchase shares to qualify for certain benefits that are based on minimum Canadian ownership requirements.
Reservation I-PT-98 Sector: Business services Sub-Sector: Services incidental to manufacturing Industry Classification: CPC 884, 885 Type of Reservation: National treatment Level of Government: Provincial — Ontario Measures: Technical Standards and Safety Act, 2000, S.O. 2000, c. 16 Upholstered and Stuffed Articles, O. Reg. 218/01 ss. 8, and 17 Description: Cross-Border Trade in Services Except for a second-hand article, no person shall sell or offer for sale an upholstered or stuffed article that has not been manufactured by a manufacturer licenced in Ontario or manufactured in a designated jurisdiction.
Reservation I-PT-99 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: Market access National treatment Performance requirements Level of Government: Provincial — Ontario Measures: Gaming Control Act, 1992, S.O. 1992, c. 24 General O. Reg. 78/12 Order in Council 1413/08, ss. 3(b) and 16(i) Description: Investment and Cross-Border Trade in Services Ontario regulates gaming assistants and suppliers of services and equipment relating to lottery schemes, including games of chance, betting, bingos, casinos and promotional contests, including through provincial monopolies. Proceeds must be used to provide direct benefits to Ontario residents.
Reservation I-PT-100 Sector: Business services Sub-Sector: Collection agents Industry Classification: CPC 87902 Type of Reservation: Market access National treatment Level of Government: Provincial — Ontario Measures: Collection and Debt Settlement Services Act, R.S.O. 1990, c. C-14 General, R.R.O. 1990, Reg. 74, ss. 12(2)(a), and 19.1 Description: Investment and Cross-Border Trade in Services 1. Only Canadian citizens, permanent residents or persons ordinarily resident in Canada are eligible to be registered as collection agents and to engage in collection agency business in Ontario. 2. A corporation must be incorporated under Canadian legislation (federal or provincial) to carry on business of collection agencies in Ontario. Exemptions under the Act and regulation are provided for not-for-profit credit counselling services.
Reservation I-PT-101 Sector: Business services Sub-Sector: Real estate services on a fee or contract basis Real estate services involving own or leased property Industry Classification: CPC 821, 822 Type of Reservation: Market access National treatment Level of Government: Provincial — Ontario Measures: Real Estate and Business Brokers Act, 2002, S.O. 2002, c. 30, Sched. C General, O. Reg. 567/05 para.2 of ss. 4(1) and ss. 24(1) Description: Cross-Border Trade in Services Real estate services must be supplied through a commercial presence in Ontario.
Reservation I-PT-102 Sector: Alcoholic beverages Sub-Sector: Wine products Industry Classification: CPC 242 Type of Reservation: Performance requirements Level of Government: Provincial — Ontario Measures: Wine Content and Labelling Act, S.O 2000, c. 26, Sched. P Content of Wine, O. Reg. 659/00 Description: Investment A winery in Ontario may sell wine manufactured from a blend of imported and domestic grape products with a minimum of 25 per cent Ontario grape content per bottle.
Reservation I-PT-103 Sector: Tourism Sub-Sector: Travel agency, tour operator and tourist guide services Industry Classification: CPC 7471 Type of Reservation: Market access National treatment Level of Government: Provincial — Ontario Measures: Travel Industry Act, 2002, S.O. 2002, c. 30, Sched. D, s. 4(1) General, O. Reg. 26/05, para.1 of s. 5, and ss. 10(1) Description: Cross-Border Trade in Services 1. An individual must be a Canadian resident to register as a travel agent and travel wholesaler in Ontario. 2. Registrants may carry on business only if their permanent place of business is in Ontario.
Reservation I-PT-104 Sector: Agriculture Sub-Sector: Products of agriculture Services incidental to agriculture Industry Classification: CPC 01, 8811 (other than rental of agricultural equipment with operator) Type of Reservation: National treatment Level of Government: Provincial — Ontario Measures: Wild Rice Harvesting Act, R.S.O., 1990, c. W. 7, ss. 1 and 3(2) Description: Cross-Border Trade in Services A person seeking to harvest wild rice on Crown lands must obtain a licence. Only those who have resided in Ontario for 12 consecutive months immediately preceding the application are eligible for a licence.
Reservation I-PT-105 Sector: Business services Sub-Sector: Land surveying (cadastral surveying) Industry Classification: CPC 86753 Type of Reservation: National treatment Senior management and boards of directors Level of Government: Provincial — Ontario Measures: Surveyors Act, R.S.O. 1990, c. S.29, ss. 3(6), 5(1), 12(1), 14(2) and (3) General, O. Reg. 1026, s. 23 Description: Investment and Cross-Border Trade in Services 1. Only a resident of Canada may obtain a licence to conduct cadastral surveying. Only Canadian citizens can serve as councillors of the Association of Ontario Land Surveyors (‘AOLS’). 2. A corporation must primarily offer professional survey services and 50 per cent of the board of directors must be members of the AOLS in order to obtain a Certificate of Authorization to offer cadastral surveying services. If the corporation offers cadastral surveying at least one director or full time employee must be licenced by the AOLS.
Reservation I-PT-106 Sector: Business services Sub-Sector: Services incidental to hunting Industry Classification: CPC 8813 Type of Reservation: National treatment Level of Government: Provincial — Ontario Measures: Fish and Wildlife Conservation Act, S.O. 1997, c. 41, s. 1(1) Hunting, O.Reg. 665/98, s. 37 Description: Cross-Border Trade in Services Only a resident may be issued a licence for taking of bullfrogs for sale or barter. A resident is a permanent resident or has his or her primary residence in Ontario and has resided in Ontario for six months of the preceding 12 months.
Reservation I-PT-107 Sector: Business services Sub-Sector: Services incidental to hunting Industry Classification: CPC 8813 Type of Reservation: National treatment Level of Government: Provincial — Ontario Measures: Fish and Wildlife Conservation Act, S.O. 1997, c. 41, s. 1(1) Trapping, O. Reg. 667/98, s. 11(1) Description: Cross-Border Trade in Services Only a Canadian citizen or an Ontario resident may be issued a licence to hunt or trap fur-bearing animals. An Ontario resident is defined as a person having his or her primary residence in Ontario and has resided in Ontario for six of the 12 months preceding application for a licence.
Reservation I-PT-108 Sector: Recreational, cultural and sporting services Sub-Sector: Sporting services Services incidental to hunting Industry Classification: CPC 9641, 8813 Type of Reservation: National treatment Level of Government: Provincial — Ontario Measures: Fish and Wildlife Conservation Act, S.O. 1997, c. 41 Hunting, O. Reg. 665/98, s. 12 Ontario Hunter Education Program Standards, Wildlife Policy Section, 2014 Description: Cross-Border Trade in Services Only Ontario residents are eligible to be appointed to instruct hunting education courses.
Reservation I-PT-109 Sector: Business services Sub-Sector: Services incidental to hunting Industry Classification: CPC 8813 Type of Reservation: National treatment Level of Government: Provincial — Ontario Measures: Fish and Wildlife Conservation Act, S.O. 1997, c. 41, ss. 1(1), and 32 Hunting, O. Reg. 665/98, ss. 94 and 95 Description: Cross-Border Trade in Services To be eligible for a licence to act as a guide for hunting in the Territorial District of Rainy River and for migratory bird hunting on Lake St. Clair, an applicant must be an Ontario or Canadian resident. A resident is a person having resided in Ontario for six consecutive months immediately preceding application for a licence.
Reservation I-PT-110 Sector: Distribution services Sub-Sector: Wholesale trade services of fisheries products Industry Classification: CPC 62224 Type of Reservation: Market access Level of Government: Provincial — Ontario Measures: Freshwater Fish Marketing Act, R.S.O. 1990, c. F.33 Description: Investment and Cross-Border Trade in Services No person is permitted to control the buying or selling of fish in Ontario except as authorised in the relevant Act.
Reservation I-PT-111 Sector: Forestry Sub-Sector: Logs of coniferous wood Logs of non-coniferous wood Manufacture of wood and of products of wood and cork, except furniture Manufacture of articles of straw and plaiting materials, on a fee or contract basis Industry Classification: CPC 0311, 0312, 8843 Type of Reservation: Market access Performance requirements Level of Government: Provincial — Ontario Measures: Crown Forest Sustainability Act, S.O. 1994, c. 25, ss. 30 and 34 General, O. Reg. 167/95 Description: Investment 1. Forest resource licences that authorise the harvesting of Crown trees are subject to the condition that all trees harvested shall be manufactured in Canada into lumber, pulp, or other products. 2. Forest resource licences are issued in respect of specific areas of land. As such there are limits to the number of licences issued. 3. The Minister may amend a forest resource licence in accordance with Regulation 167/95, which requires the submission of a forest management plan relating to social and economic objectives. The needs and benefits of the local communities will be given priorities into the planning effort and objective setting and achievement before broader non-local communities.
Reservation I-PT-112 Sector: Business services Sub-Sector: Veterinary services Industry Classification: CPC 932 Type of Reservation: Market access National treatment Level of Government: Provincial — Ontario Measures: Veterinarians Act, R.S.O. 1990, c. V. 3 General, O. Reg. 1093/90 Description: Investment and Cross-Border Trade in Services Only a Canadian citizen or permanent resident, or another status under the Immigration and Refugee Protection Act, S.C. 2001, c. 27, consistent with the class of licence for which the application is made, is eligible to be licenced to practice veterinary medicine in Ontario.
Reservation I-PT-113 Sector: Distribution services Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods Industry Classification: CPC 63211 Type of Reservation: Market access National treatment Level of Government: Provincial — Ontario Measures: Livestock Medicines Act, R.S.O. 1990, c. L.-23 General, O. Reg. 730/90 Description: Cross-Border Trade in Services Only persons with an established place of business in Ontario are eligible to be licenced to sell livestock medicine in Ontario. Licences may be issued to sellers who have established a temporary place of business at events such as races and agricultural fairs or shows.
Reservation I-PT-114 Sector: Business services Sub-Sector: Legal services (legal documentation and certification services) Industry Classification: CPC 86130 Type of Reservation: Market access National treatment Level of Government: Provincial — Ontario Measures: Notaries Act, R.S.O. 1990, c. N.6, s. 2(1) Description: Investment and Cross-Border Trade in Services Canadian citizenship is required to be appointed a notary public in Ontario for a person who is not a barrister or solicitor.
Reservation I-PT-115 Sector: Ores and minerals, electricity, gas and water Sub-Sector: Natural gas Electrical energy Industry Classification: CPC 120, 17, 334, 713, 887 Type of Reservation: Market access National treatment Performance requirements Level of Government: Provincial — Ontario Measures: Ontario Energy Board Act, S.O. 1998, c. 15, Sched. B Electricity Act, S.O. 1998, c. 15, Sched. A Green Energy Act, S.O. 2009, c. 12, Sched. A Green Energy and Green Economy Act, 2009, S.O. 2009, c. 12 Municipal Franchises Act, R.S.O. 1990, c. M-55 Description: Investment and Cross-Border Trade in Services 1. The Government of Ontario and its energy authorities, entities, and agencies, including, Independent Electricity System Operator, Ontario Power Generation Inc., Hydro One Inc. and the Ontario Energy Board, and their successors or assigns, may permit one or more persons or entities to establish or expand pipelines and electricity and gas infrastructure or to produce, transmit, distribute, conserve, manage (demand and load), store, sell, retail or market energy (including electricity, natural gas or renewable energy) in any region in Ontario including on corridor lands. Further, the Government of Ontario or one of its energy authorities, the Ontario Energy Board, or its successors or assigns, may regulate the rates, storage, standards or services provided by energy producers, distributors, transmitters, sellers, retailers, marketers and storage companies in Ontario. 2. Without limiting the generality of the foregoing, measures and actions taken by Ontario and energy authorities, entities, and agencies mentioned above and their successors or assigns, may involve discretionary decisions, based on factors that may afford preferential treatment in favour of: (a) residents of Ontario; or (b) entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business in Ontario. 3. For greater certainty, any enterprise formed in accordance with the laws of Ontario and having a place of business in Ontario, shall be treated in the same manner as an enterprise that is a resident of Ontario.
Reservation I-PT-116 Sector: Mining Sub-Sector: Metal ores, other minerals Manufacture of basic metals on a fee or contract basis Industry Classification: CPC 14, 16, 8851 Type of Reservation: Performance requirements Level of Government: Provincial — Ontario Measures: Mining Act, R.S.O. 1990, c. M.14, 1990, s. 91 Description: Investment All ores or minerals raised or removed from lands, claims or mining rights in Ontario must be treated and refined in Canada to yield refined metal or other product suitable for direct use in the arts without further treatment, unless the Lieutenant Governor in Council exempts any lands, claims or mining rights from the operation of this requirement.
Reservation I-PT-117 Sector: Transport Sub-Sector: Interurban transportation Industry Classification: CPC 71213 Type of Reservation: Market access Level of Government: Provincial — Ontario Measures: Public Vehicles Act, R.S.O 1990, c. P-54 Description: Investment and Cross-Border Trade in Services The issuance of operating licences for public vehicles is subject to a necessity and convenience test administered by the Ontario Transport Highway Board.
Reservation I-PT-118 Sector: Educational services Sub-Sector: Driver certification services Industry Classification: CPC 9290 Type of Reservation: Market access National treatment Level of Government: Provincial — Ontario Measures: Highway Traffic Act, R.S.O. 1990, c. H.8, s. 32 (5) Issuance of driver's licence, endorsements Drivers' Licences, O. Reg. 340/94 Licences for Driving Instructors and Driving School, O. Reg. 473/07 Driver Certification Program Policy Beginner Driver Education Program School Bus Driver Improvement Course Description: Cross-Border Trade in Services To be eligible for a licence to deliver driver education and training programs in Ontario, including the Driver Certification Program, the School Bus Driver Improvement Course, and the Beginner Driver Education Program, an applicant must own or lease premises in Ontario that serve as the driving school's office and classrooms.
Reservation I-PT-119 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Senior management and boards of directors Level of Government: Provincial — Ontario Measures: Co-operative Corporations Act, R.S.O. 1990, c. C. 35, ss. 14(1) and 85(3) Description: Investment 1. A majority of directors of every co-operative shall be resident Canadians. 2. Co-operative corporations must have a head office in Ontario
Reservation I-PT-120 Sector: Alcoholic beverages Sub-Sector: Commission agents' services Wholesale trade services Retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107 Type of Reservation: Market access National treatment Level of Government: Provincial — Ontario Measures: Liquor Control Act, R.S.O. 1990, c. L. 18 General, O. Reg. 717/90 Alcohol and Gaming Regulation and Public Protection Act, R.S.O. 1996, c. 26, Sched. Assignment of Powers and Duties, O. Reg. 141/01 Registrar of the Alcohol and Gaming Commission of Ontario policies and practices Description: Investment and Cross-Border Trade in Services 1. The above measures permit Ontario to regulate and authorise the importation, purchase, production, distribution, supply, marketing and sale of alcoholic beverages in Ontario and to conduct these activities, including through provincial monopolies. Beer may only be sold in authorised government stores. 2. The Registrar of Alcohol and Gaming authorises Ontario wine, spirits and beer manufacturers to operate stores for the sale of their own wine, spirits and beer, respectively. The Alcohol and Gaming Commission of Ontario also authorises only The Beer Store for the sale of domestic and import beer.
Reservation I-PT-121 Sector: Agriculture Sub-Sector: Agricultural land, forest and other wooded land Industry Classification: CPC 5310 Type of Reservation: National treatment Level of Government: Provincial — Ontario Measures: Municipal Act, S.O 2001, c. 25, s. 308.1 Assessment Act, R.S.O. 1990, c. A.31, s. 7 General, O. Reg. 282/98 Description: Investment Farm land and managed forest land owned by a Canadian citizen or a person lawfully admitted to Canada for permanent residence, or by a corporation whose voting rights are more than 50 per cent controlled by Canadian citizens or persons lawfully admitted to Canada for permanent residence, are subject to reduced property taxes.
Reservation I-PT-122 Sector: Business services Sub-Sector: Auditing services Industry Classification: CPC 862 Type of Reservation: Market access National treatment Level of Government: Provincial — Ontario Measures: Credit Unions and Caisses Populaires Act, S.O 1994, c. 11, s. 160 Description: Cross-Border Trade in Services An accountant or firm of accountants is qualified to be an auditor of a credit union if the accountant, or in the case of a firm of accountants, the member or employee of the firm, is ordinarily resident in Canada.
Reservation I-PT-123 Sector: Service of membership organizations Sub-Sector: Legal documentation and certification Industry Classification: CPC 8613, 95910 Type of Reservation: National treatment Level of Government: Provincial — Ontario Measures: The Marriage Act, R.S.O 1990, c. M.3, ss. 11 and 20 Description: Cross-Border Trade in Services Ontario reserves the right to restrict the category of persons eligible to issue marriage licences, including on the basis of residence, and to require that a person registered under the Act to solemnise marriage must be an Ontario resident or have a parish or pastoral charge in whole or in part in Ontario.