Reservation I-PT-124 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, 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 — Ontario Measures: Farm Products Marketing Act, R.S.O., c. F-9 Milk Act, R.S.O. 1990, c. M. 12 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 within the Province, including measures related to the supply management of dairy, eggs and poultry products. 2. Without limiting the generality of the foregoing, measures and actions taken by Ontario and entities, and agencies mentioned above, 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.
Reservation I-PT-125 Sector: Trade services Sub-Sector: Sale, maintenance and repair services of motor vehicles Industry Classification: CPC 611, 612 Type of Reservation: Market access National treatment Level of Government: Provincial — Ontario Measures: Motor Vehicle Dealers Act, S.O. 2002, c. 30, Sched. B Description: Cross-Border Trade in Services A motor vehicle dealer must be registered and operate only from a place authorised in the dealer's registration. The authorised place must be in Ontario.
Reservations applicable in Prince Edward Island
Reservation I-PT-126 Sector: Business services Sub-Sector: Architectural services Industry Classification: CPC 8671 Type of Reservation: National treatment Level of Government: Provincial — Prince Edward Island Measures: Architects Acts, R.S.P.E.I. 1988, c. A-18.1 Architects Association of Prince Edward Island By-laws Description: Investment A non-resident proprietorship, partnership or corporation applying for a certificate of practice to practice architecture in Prince Edward Island shall have at least two-thirds of the partners, principals or directors of the partnership or corporation be architects; and not less than the majority of issued shares of each class of voting shares of the corporation are beneficially owned by and registered in the name of architects.
Reservation I-PT-127 Sector: Business services Sub-Sector: Insurance and real estate agent industries Industry Classification: CPC 821, 822 Type of Reservation: Market access National treatment Level of Government: Provincial — Prince Edward Island Measures: Real Estate Trading Act, R.S.P.E.I. 1988, R -2 Description: Cross-Border Trade in Services To sell real estate, a natural person must hold a Prince Edward Island real estate licence. The Registrar shall not issue a licence to an individual unless the individual is a citizen of Canada or has the status of permanent resident of Canada.
Reservation I-PT-128 Sector: Distribution services Sub-Sector: Retail sales of motor fuel Industry Classification: CPC 613 Type of Reservation: Market access Level of Government: Provincial — Prince Edward Island Measures: Petroleum Products Act, R.S.P.E.I. 1988, P-5.1 Description: Investment When issuing a licence with respect to the operation of an outlet operated by a retailer, the Commission shall consider the public interest, convenience and necessity by applying such criteria as the Commission may from time to time consider advisable.
Reservation I-PT-129 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Level of Government: Provincial — Prince Edward Island Measures: Prince Edward Island Lands Protection Act, R.S.P.E.I. 1988, L-5 Fees Regulations and Lands Identification Regulations Description: Investment 1. Non-resident persons must make application to acquire more than five acres of land or land having a shore frontage of more than 165 feet and receive permission from the Lieutenant Governor in Council. Shore frontage includes, but is not restricted to, land adjacent to oceans, rivers, lakes, ponds, and swamps. 2. The Government of Prince Edward Island issues permits to non-resident persons under the Act and may impose more onerous conditions including, that the land be identified under the land identification program for agricultural use or non-development use. 3. Only residents of Prince Edward Island are eligible for a property tax rebate on non-commercial real property.
Reservation I-PT-130 Sector: Business services Sub-Sector: Consumer credit reporting Industry Classification: CPC 87901 Type of Reservation: Market access National treatment Level of Government: Provincial — Prince Edward Island Measures: Consumer Reporting Act, R.S.P.E.I. 1988, C-20 Description: Cross-Border Trade in Services Every consumer reporting agency registered under the Act shall operate from a fixed place of business in Prince Edward Island.
Reservation I-PT-131 Sector: Business services Sub-Sector: Legal services Industry Classification: CPC 861 Type of Reservation: Market access National treatment Level of Government: Provincial — Prince Edward Island Measures: Legal Profession Act, 1992 c. 39, R.S.P.E.I. 1988, L-6.1 Description: Investment and Cross-Border Trade in Services To be eligible for admission to the Law Society of Prince Edward Island and practice law, an individual must be a Canadian citizen or a permanent resident of Canada.
Reservation I-PT-132 Sector: Agriculture Sub-Sector: Products of agriculture Live animals and animal products Meats Dairy products Food products n.e.c. Industry Classification: CPC 01, 02, 21, 22, 239, 6221, 62112 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Prince Edward Island Measures: Natural Products Marketing Act, R.S.P.E.I. 1988, N-3 Dairy Industry Act, R.S.P.E.I. 1988, D-1 Agricultural Products Standards Act, R.S.P.E.I. 1988, A-9 Dairy Producers Act, R.S.P.E.I. 1988, D-2 Agricultural Insurance Act, R.S.P.E.I. 1988, A-8.2 Animal Health and Protection Act, R.S.P.E.I., A-11.1 Grain Elevators Corporation Act, R.S.P.E.I. 1993, c. 8 Plant Health Act, R.S.P.E.I. 1990, c. 45 Description: Investment and Cross-Border Trade in Services 1. The above measures allow Prince Edward Island to regulate and issue authorisations on a matter relating to marketing, including the buying, selling, packing, grading, storing, processing, shipping for sale or storage, promoting, researching and offering for sale, in respect of, but not limited to: poultry, eggs, dairy, hogs, cattle, potatoes and turkeys, and including the production and transport to carry out the objects of these Acts. 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 Prince Edward Island 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 operations within Prince Edward Island.
Reservation I-PT-133 Sector: Fisheries and aquaculture Sub-Sector: Wholesale trade of fishery products Services incidental to fishing Industry Classification: CPC 04, 62224, 882 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Prince Edward Island Measures: Fisheries Act, R.S.P.E.I. 1988, F-13.01 Fish Inspection Act, R.S.P.E.I. 1988, F-13 Certified Fisheries Organizations Support Act, R.S.P.E.I. 1988, C-2.1 Natural Products Marketing Act, R.S.P.E.I. 1988, N-3 Description: Investment and Cross-Border Trade in Services 1. The above measures allow Prince Edward Island to regulate and issue authorisations on a matter relating to resources and products of the fishery, including: maintenance and development of the resources of the fishery; fish buying and processing; and any other matter or thing in order to give full effect to the objects of these Acts. 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 Prince Edward Island 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 operations within Prince Edward Island.
Reservation I-PT-134 Sector: Energy Sub-Sector: Electricity, oil and natural gas Services incidental to energy distribution Industry Classification: CPC 17, 120, 887 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Prince Edward Island Measures: Energy Corporation Act, R.S.P.E.I. 1988, E-7 Renewable Energy Act, R.S.P.E.I. 2004, C-16 Oil and Natural Gas Act, R.S.P.E.I. 1988, O-5 Electric Power Act, R.S.PE.I. 1988, E-4 Description: Investment and Cross-Border Trade in Services 1. The above measures allow Prince Edward Island to regulate and issue authorisations on a matter relating to energy and energy systems, oil and natural gas, and renewable energy sources including: the generation, accumulation, transmission, distribution, supply, purchase, utilisation and disposal of energy; the drilling of wells and the production and conservation of oil and natural gas; and generally for carrying out any of the purposes or provisions of these Acts. 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 Prince Edward Island 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 operations within Prince Edward Island.
Reservation I-PT-135 Sector: Agriculture, forestry and fisheries products Sub-Sector: Forestry and logging products Services incidental to forestry and logging Industry Classification: CPC 03, 8814 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Provincial — Prince Edward Island Measures: Forest Management Act, R.S.P.E.I. 1988, F-14 Public Forest Council Act, R.S.P.E.I. 2001, C-48 Description: Investment and Cross-Border Trade in Services 1. The above measures allow Prince Edward Island to regulate and issue authorisations on a matter relating to forest products, including: the conservation, protection, harvesting, extraction and sale of forest products; issuing of licences, certification of forest producers; importation of plants or plant materials; fees and other charges; and generally for carrying out the provisions of the Acts. 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 Prince Edward Island 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 operations within Prince Edward Island.
Reservation I-PT-136 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 Senior management and boards of directors Level of Government: Provincial — Prince Edward Island Measures: Liquor Control Act, R.S.P.E.I. 1988, L-14 Description: Investment and Cross-Border Trade in Services 1. The Prince Edward Island Liquor Control Commission (‘PEILCC’) is a Government of Prince Edward Island Crown agency that is the sole importer and controls the purchase, distribution and sale of alcoholic beverages in Prince Edward Island. The PEILCC operates warehouse, office facilities, and Licensee Distribution Centre. The commission supplies and administers the operations of retail liquor stores and Licensee Distribution Centre. 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 Prince Edward Island 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 operations within Prince Edward Island.
Reservation I-PT-137 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 — Prince Edward Island Measures: Lotteries Commission Act, R.S.P.E.I. 1988, L-17 Description: Investment and Cross-Border Trade in Services 1. The Prince Edward Island Lotteries Commission is authorised under the Act to develop, organise, undertake, conduct and manage lottery schemes, pari-mutuel betting systems, and internet based gaming on behalf of the government of the Province or the governments of other provinces that have any agreement with this Province respecting any such lottery schemes or pari-mutuel betting systems. 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 Prince Edward Island 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 operations within Prince Edward Island.
Reservations applicable in Québec
Reservation I-PT-138 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Level of Government: Provincial — Québec Measures: An Act respecting the acquisition of farm land by non-residents, C.Q.L.R., c. A-4.1 Regulation respecting the declaration of non-resident status in the application for registration of the acquisition of farm land; C.Q.L.R., c. A-4.1, r. 1 Regulation respecting an application for authorization and the information and documents required for the application, C.Q.L.R., chapter A-4.1, r. 2 Regulation respecting the tariff of duties, fees, costs made under the Act respecting the acquisition of farm land by non-residents, C.Q.L.R., c. A-4.1, r. 3 An Act respecting the preservation of agricultural land and agricultural activities, C.Q.L.R., c. P-41.1, and regulations An Act respecting the lands in the domain of the State, C.Q.L.R., c. T-8.1 Regulation respecting the sale, lease and granting of immovable rights on lands in the domain of the State, C.Q.L.R., c. T-8.1, r. 7 Description: Investment 1. Direct or indirect acquisition of farm land by non-residents of Québec must be authorised by the Commission de protection du territoire agricole du Québec. When it receives an application for authorisation by non-residents of Québec, the Commission takes into consideration the possible uses of the land for agricultural purposes and the economic consequences thereof. 2. No person may, in a designated agricultural region, use a lot for any purpose other than agriculture without the authorisation of the Commission, which takes into consideration specific socio-economics factors when rendering a decision. 3. Québec residents are given priority in the purchase or lease of land in the domain of the State.
Reservation I-PT-139 Sector: Agriculture, forestry and fisheries Sub-Sector: Products of agriculture Horticulture and market gardening Live animals and animal products Wood in the rough Fish and other fishing products Meat, fish, fruits, vegetables, oils and fats Dairy products Grain mill products Starches and starch products Other food products Services incidental to agriculture Services incidental to animal husbandry Services incidental to fishing Industry Classification: CPC 01, 02, 031, 04, 21, 22, 23, 8811 (other than rental of agricultural equipment with operator), 8812, 882 Type of Reservation: National treatment Senior management and boards of directors Level of Government: Provincial — Québec Measures: Professional Syndicates Act, C.Q.L.R., c. S-40 An Act respecting the marketing of agricultural, food and fish products, C.Q.L.R., c. M-35.1 Règlement des producteurs d'œufs d'incubation sur le contingentement, C.Q.L.R., c. M-35.1, r. 223 Règlement sur les quotas des producteurs d'œufs de consommation du Québec, C.Q.L.R., c. M-35.1, r. 239 Description: Investment and Cross-Border Trade in Services 1. Joint plans for the production and marketing of agricultural products and producers marketing boards may be administered by professional syndicates. Only Canadian citizens may ask to form a professional syndicate and be members of its administrative council. 2. Only Canadian citizens may have access to the reserve for new hatching egg producers, are eligible to certain programs and can benefit from eggs quotas transfers outside of the centralised system.
Reservation I-PT-140 Sector: Agriculture, forestry and fisheries Sub-Sector: Fish products Services incidental to fishing Industry Classification: CPC 04, 882 Type of Reservation: Performance requirements Level of Government: Provincial — Québec Measures: Marine Products Processing Act, C.Q.L.R., c. T-11.01 Description: Investment The Minister may, by regulation, prescribe the minimum processing standards with which an operator must comply for the preparation or canning of a marine product. The standards may vary according to the marine product.
Reservation I-PT-141 Sector: Recreational, cultural and sporting services Sub-Sector: Cultural goods and property Industry Classification: CPC 963 Type of Reservation: National treatment Market access Level of Government: Provincial — Québec Measures: Cultural Heritage Act, C.Q.L.R., c. P-9.002 Description: Investment 1. A heritage cultural property may include a heritage document, immovable, object or site. After obtaining the opinion of the Conseil du patrimoine culturel, the Minister of Culture and Communications may classify all or part of any heritage property the knowledge, protection, enhancement or transmission of which is in the public interest. 2. Authorisation from the Minister is required when a person, natural or legal, wishes to sell or give away a classified heritage document or object to a government or department or agency of a government, other than the Gouvernement du Québec, a natural person who is not a Canadian citizen or permanent resident or to a legal person that does not have a principal place of business in Québec. Classified heritage property in the domain of the State may not be sold, conveyed by emphyteusis or given away without the Minister's authorisation. In other cases of alienation, prior written notice is required.
Reservation I-PT-142 Sector: Community, social and personal services Sub-Sector: Funeral, cremation and undertaking services Industry Classification: CPC 9703 Type of Reservation: National treatment Level of Government: Provincial — Québec Measures: An Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies, C.Q.L.R., c. L-0.2 Regulation respecting the application of the Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies, C.Q.L.R., c. L-0.2, r. 1 An Act respecting prearranged funeral services and sepultures, C.Q.L.R., c. A-23.001 Description: Investment and Cross-Border Trade in Services 1. A natural person seeking a permit to act as a funeral director, on his or her behalf or for a legal person, partnership or an association having its head office in Québec, must have resided in Québec for at least 12 months preceding the request. 2. A person seeking a permit to practise embalming, cremation or thanatopraxy is not subject to the requirement to reside in Québec provided that he or she resides in Canada.
Reservation I-PT-143 Sector: Transport Sub-Sector: Taxi services Industry Classification: CPC 71221 Type of Reservation: National treatment Market access Level of Government: Provincial — Québec Measures: An Act respecting transportation services by taxi, C.Q.L.R., c. S-6.01 Taxi Transportation Regulation, C.Q.L.R., c. S-6.01, r. 3, Highway Safety Code, C.Q.L.R., c. C-24.2 Regulation respecting road vehicle registration, C.Q.L.R., c. C-24.2, r. 29 Description: Investment and Cross-Border Trade in Services 1. For a taxi owner's permit to be issued, assigned or transferred from the Commission des transports du Québec, a natural person must be a Canadian citizen or permanent resident. To be issued a taxi driver's permit by the Société de l'assurance automobile du Québec, a natural person must be a Canadian citizen or permanent resident. 2. There is a limit of 20 taxi owner's permits per person.
Reservation I-PT-144 Sector: Transport Sub-Sector: Interurban special transportation Transportation of other freight Industry Classification: CPC 71214, 71239 Type of Reservation: National treatment Level of Government: Provincial — Québec Measures: Highway Safety Code, C.Q.L.R., c. C-24.2 Regulation respecting road vehicle registration, C.Q.L.R., c. C-24.2, r. 29 Description: Cross-Border Trade in Services Under the International Registration Plan (‘IRP’), carriers only pay registration fees once, to the base jurisdiction, which in turn ensures travel for duly licenced vehicles in other jurisdictions. This system of apportionable fees works on the basis of the distance travelled in each jurisdiction. An IRP registration certificate is recognised by Canadian provinces and United States of America's states. An apportioned registration will only be granted to a person having a place of business in Québec and where at least one of its vehicles accrues kilometres.
Reservation I-PT-145 Sector: Transport Sub-Sector: Bus transport Industry Classification: CPC 71211, 71212, 71213, 71214, 71222 Type of Reservation: Market access Level of Government: Provincial — Québec Measures: Transport Act, C.Q.L.R., c. T-12 Bus Transportation Regulation, C.Q.L.R., c. T-12, r. 16 Description: Investment and Cross-Border Trade in Services In issuing bus transportation permits, the Commission des Transports du Québec may apply criteria of public need in the territory to be served. It may also consider if the issuance of the permit requested by the applicant is not likely to entail the disappearance of any other bus transport service or appreciably affect the quality thereof.
Reservation I-PT-146 Sector: Transport Sub-Sector: Road transportation Industry Classification: CPC 71231, 71232, 71233, 71234 Type of Reservation: National treatment Market access Performance requirements Level of Government: Provincial — Québec Measures: An Act respecting the Ministère des Transports, C.Q.L.R., c. M-28 Transport Act, C.Q.L.R., c. T-12 Regulation respecting the brokerage of bulk trucking services, C.Q.L.R., c. T-12, r. 4 An Act respecting owners, operators and drivers of heavy vehicles, C.Q.L.R., c. P-30.3 Description: Investment and Cross-Border Trade in Services 1. The Minister of Transport determines the conditions that a heavy-vehicle operator located outside of Québec but in the territory of a party to the Agreement on Internal Trade must meet to register in the bulk trucking register. The total number of registration allowed is limited. A heavy-vehicle operator located outside of Québec has to maintain its principal establishment outside of Québec and its registration cannot be transferred. 2. Participation in the performance of a road construction, repair or maintenance work contract awarded by the Minister of Transport, is limited to small bulk trucking enterprises that subscribe to the brokerage service of an association holding a brokerage permit, for a minimum of 50 per cent of the transportation required that has to be offered to the brokerage permit holder. Bulk trucking enterprises that are not registered into the register will only have access to the remaining 50 per cent of the transportation needed if the brokerage permit holder accepts the offer to transport 50 per cent of the transportation required. 3. To obtain a brokerage permit, a non-profit legal person or a cooperative shall demonstrate that it represents at least 35 per cent of the operators of heavy-vehicles that are registered in the bulk trucking register and that have its principal establishment in the zone for which the permit is applied for. An operator shall subscribe for brokerage services in the brokerage zone where he or she has his or her principal establishment or in the zone determined by regulation.
Reservation I-PT-147 Sector: Transport Sub-Sector: Maritime transport Industry Classification: CPC 72211 Type of Reservation: Market access National treatment Level of Government: Provincial — Québec Measures: An Act respecting the Société des Traversiers du Québec, C.Q.L.R., c. S-14 Transport Act, C.Q.L.R., c. T-12 Description: Investment and Cross-Border Trade in Services 1. The Commission des Transports du Québec shall issue or transfer a permit for the transport of passengers by water to a person who applies therefor on the form used by the Commission, if it considers that the person establishes the real and urgent necessity for an additional service for each of the ships to be used, if applicable, where he or she offers passengers a ferry service competing with another ferry service. 2. No person may be a member of the board of directors unless he is domiciled in Québec.
Reservation I-PT-148 Sector: Recreational, cultural and sporting services Sub-Sector: Sporting and other recreational services Industry Classification: CPC 964 Type of Reservation: National treatment Level of Government: Provincial — Québec Measures: An Act respecting safety in sports, C.Q.L.R., c. S-3.1 Regulation respecting combat sports, C.Q.L.R., c. S-3.1, r. 11 Regulation respecting combat sports licensing, C.Q.L.R., c. S-3.1, r. 7 Description: Cross-Border Trade in Services With respect to professional combat sport, a person who is not domiciled in Canada cannot obtain a yearly referee's or judge's permit but may obtain a permit valid for a specific sports event.
Reservation I-PT-149 Sector: Travel agency, tour operator and tourist guide services Sub-Sector: Travel agencies Tour operation services Industry Classification: CPC 7471 Type of Reservation: Market access National treatment Level of Government: Provincial — Québec Measures: Travel Agents Act, C.Q.L.R., c. A-10 Regulation respecting travel agents, C.Q.L.R., c. A-10, r. 1 Description: Cross-Border Trade in Services A natural person applying for a travel agent licence on his or her own account must establish and maintain a principal establishment in Québec. The association, partnership or person on whose behalf the licence is applied for must establish and maintain a principal establishment in Québec. A principal establishment is an establishment in which the operations of the licencee are principally performed.
Reservation I-PT-150 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Market access Performance requirements Senior management and boards of directors Level of Government: Provincial — Québec Measures: Cooperatives Act, C.Q.L.R., c. C-67.2 Regulation under the Cooperatives Act, C.Q.L.R., c. C-67.2, r. 1 Description: Investment 1. The Cooperatives Act places constraints on the issue, transfer and ownership of shares. Membership of the cooperative is subject to the member actually using the services offered by the cooperative and to the cooperative's ability to provide him with them. The Cooperatives Act also stipulates that every member of the cooperative or representative of a legal person or partnership that is a member may be a director. The head office of a cooperative, a federation or a confederation must at all times be located in Québec. 2. A cooperative, a federation or a confederation must carry on with its members a proportion of its total business according to a percentage determined by government regulation. In the case of a solidarity cooperative, this proportion is calculated separately for the members who are users of the cooperative and for those who are workers of the cooperative.
Reservation I-PT-151 Sector: Agriculture, forestry and fisheries Sub-Sector: Forestry and logging products Products of wood, cork, straw and plaiting materials Pulp, paper and paper products Industry Classification: CPC 031, 31, 32 Type of Reservation: National treatment Performance requirements Level of Government: Provincial — Québec Measures: An Act respecting the Ministère des Ressources Naturelles et de la Faune, C.Q.L.R., c. M-25.2 Sustainable Forest Development Act, C.Q.L.R., c. A-18.1 Description: Investment 1. All timber harvested in the domain of the State, including biomass volumes, must be completely processed in Québec. However, the Government may, on the conditions it determines, authorise the shipment outside Québec of incompletely processed timber from the domain of the State if it appears to be contrary to the public interest to do otherwise. 2. The Minister may take measures for the development of lands or forest resources in the domain of the State that are under his or her authority in order to encourage regional development or implement any other related policy.
Reservation I-PT-152 Sector: Recreational, cultural and sporting services Sub-Sector: Horse racing Industry Classification: CPC 02113, 96492 Type of Reservation: National treatment Market access Level of Government: Provincial — Québec Measures: An Act respecting racing, C.Q.L.R., c. C-72.1 Rules respecting the breeding of Québec Standardbred race horses, C.Q.L.R., c. C-72.1, r. 6 Rules respecting Certification, C.Q.L.R., c. C-72.1, r. 1 Rules respecting betting houses, CQLR, c. C-72.1, r. 8 Rules respecting Standardbred horse racing, C.Q.L.R., c. C-72.1, r. 3 Regulation respecting betting horses, C.Q.L.R., c. C-72.1, r.7 Description: Investment and Cross-Border Trade in Services 1. Only a Canadian citizen may apply for a licence to operate a race track, a licence to hold races or a licence to operate a betting house. 2. A person who applies for registration of a Standardbred stallion with the Régie des alcools, des courses et des jeux (‘RACJ’) must be a resident of Québec for at least 183 days. 3. Only a Québec race horse, as defined in the Rules respecting the breeding of Québec Standardbred race horses, can be entitled to a privilege or advantage.
Reservation I-PT-153 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 — Québec Measures: An Act respecting the Société des loteries du Québec, C.Q.L.R., c. S-13.1 An Act respecting the Régie des alcools des courses et des jeux, C.Q.L.R. chapter R-6.1 An Act respecting lotteries, publicity contests and amusement machines, C.Q.L.R., c. L-6 Lottery Scheme Rules, C.Q.L.R., c. L-6, r. 12 Rules respecting amusement machines, C.Q.L.R., c. L-6, r. 2 Rules respecting publicity contests, C.Q.L.R., c. L-6, r. 6 Rules respecting video lottery machines, C.Q.L.R., c. L-6, r. 3 Bingo Rules, C.Q.L.R., c. L-6, r. 5 Description: Investment and Cross-Border Trade in Services 1. A person who applies for a licence to operate a lottery scheme must be a Canadian citizen or, in the case of a company or corporation, have an office in Québec. 2. A person who wishes to obtain an amusement machine operator's licence or merchant licence must be a Canadian citizen and in the case of a corporation, must be headquartered or have its principal establishment in Canada and have an office in Québec. 3. With regard to video lottery machines operated somewhere other than in a government casino, Régie des alcools, des courses et des jeux (‘RACJ’) may take Canadian citizenship or residence into account when making rules to determine the conditions for obtaining prescribed licences as well as operating standards, restrictions, or prohibitions. The RACJ may determine the conditions of player participation, or standards, restrictions, or prohibitions related to promotion, advertising, or educational programs pertaining to video lottery machines, which may only apply, in full or in part, to certain categories of individuals. 4. With respect to bingo, projects for which a charitable or religious organization applies for an in-hall, media, or recreational bingo licence must be carried out entirely in Québec. Individuals or companies that apply for a bingo supplier's licence must have an establishment in Québec. 5. No person may be a member of the board of directors unless he is domiciled in Québec.
Reservation I-PT-154 Sector: Alcoholic beverages Sub-Sector: Commission agents' services Wholesale trade services Retailing services Beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107 Type of Reservation: Market access National treatment Level of Government: Provincial — Québec Measures: An Act respecting the Société des alcools du Québec, C.Q.L.R., c. S-13 Regulation respecting cider and other apple-based alcoholic beverages, C.Q.L.R., c. S-13, r. 4 Regulation respecting wine and other alcoholic beverages made or bottled by holders of a wine maker's permit, C.Q.L.R., c. S-13, r. 7 Regulation respecting alcoholic beverages made and bottled by holders of a distiller's permit, C.Q.L.R., c. S-13, r. 3 Regulation respecting the terms of sale of alcoholic beverages by holders of a grocery permit, C.Q.L.R., c. S-13, r. 6 An Act respecting offences relating to alcoholic beverages, C.Q.L.R., c. I-8.1 An Act respecting liquor permits, C.Q.L.R., c. P-9.1 Regulation respecting liquor permits, C.Q.L.R., c. P-9.1, r. 5 Description: Investment and Cross-Border Trade in Services 1. The Société des alcools du Québec operates as a monopoly responsible for the importation, distribution, supply, transport, sale, trade and marketing of alcoholic beverages. 2. No person may be a member of the board of directors unless he or she is domiciled in Québec.
Reservation I-PT-155 Sector: Alcoholic beverages Sub-Sector: Commission agents' services Wholesale trade services Retailing services Beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107 Type of Reservation: Market access National treatment Performance requirements Level of Government: Provincial — Québec Measures: An Act respecting the Société des alcools du Québec, C.Q.L.R., c. S-13 Regulation respecting the terms of sale of alcoholic beverages by holders of a grocery permit, C.Q.L.R., c. S-13, r. 6 An Act respecting offences relating to alcoholic beverages, C.Q.L.R., c. I-8.1 Description: Investment and Cross-Border Trade in Services 1. Only those who own an establishment in Québec may obtain a beer distributor's, brewer's, distiller's, wine maker's, cider maker's, warehouse, small-scale production or small-scale beer producer's permit. 2. Holders of a distiller's permit may only sell the products they produce or bottle to Société des alcools du Québec (‘SAQ’), unless they ship such products outside Québec. 3. Holders of a small-scale production permit may sell the alcoholic beverages they produce on their production premises.
Reservation I-PT-156 Sector: Alcoholic beverages Sub-Sector: Commission agents' services Wholesale trade services Retailing services Beverages Hotel and restaurant services Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107, 641, 642, 643 Type of Reservation: Market access National treatment Senior management and boards of directors Level of Government: Provincial — Québec Measures: An Act respecting liquor permits, C.Q.L.R., c. P-9.1 Regulation respecting liquor permits, C.Q.L.R., c. P-9.1, r. 5 Regulation respecting the terms of sale of alcoholic beverages by holders of a grocery permit, C.Q.L.R., c. S-13, r. 6 Description: Investment and Cross-Border Trade in Services 1. To obtain a liquor permit under the Act respecting liquor permits, persons who are not Canadian citizens must have been residing in Québec as a permanent resident of Canada, unless they apply for a reunion permit or ‘Man and His World’ permit as authorised representatives of a government, country, Province, or State. 2. Companies or corporations not listed on a Canadian stock exchange may obtain a permit to sell alcohol only if all their partners or directors and shareholders who hold ten per cent or more of shares with full voting rights are Canadian citizens or have been residing in Québec as a permanent resident of Canada. 3. For certain product categories, marketing is carried out by holders of a grocery licence issued by the Régie des alcools, des courses et des jeux (‘RACJ’). Grocers must buy authorised alcoholic beverages from an authorised distributor. 4. Liquor permit applicants who are not Canadian citizens must prove that they have lived in Québec for at least one year. If an applicant is a company or corporation not listed on a Canadian stock exchange, it must prove, for each of its partners or directors and shareholders who own 10 per cent or more of shares with full voting rights and are not Canadian citizens that they have lived in Québec for at least one year. 5. The person entrusted to manage the establishment for a holder of a permit authorising the sale or service of alcoholic beverages for consumption on a premise must have a Canadian social insurance number. 6. With regard to reunion permits to sell alcohol, when the proceeds of an event are to be used for the purposes of a non-profit corporation other than the permit applicant, the non-profit corporation must have an establishment in Québec.
Reservation I-PT-157 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 — Québec Measures: An Act Respecting the Régie de l'énergie, C.Q.L.R., c. R-6.01 Hydro-Québec Act, C.Q.L.R., c. H-5 Description: Investment and Cross-Border Trade in Services 1. Québec (including through the Régie de l'énergie and Hydro-Québec) may fix, determine and modify rates, tariffs, prices and other conditions relating to the production, purchase, transportation, transmission, supply, distribution, and sale of electric power. 2. 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 Québec or entities established in accordance with the laws of Canada or a province or territory thereof and having a place of business or substantive business operations within Québec.
Reservation I-PT-158 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 — Québec Measures: An Act respecting the exportation of electric power, C.Q.L.R., c. E-23 An Act Respecting the Régie de l'énergie, C.Q.L.R, c. R-6.01 Description: Investment and Cross-Border Trade in Services 1. Hydro-Québec, municipal electric power systems, and private electric power systems are holders of exclusive electric power distribution rights. 2. The exportation of electric power from Québec is prohibited. The Gouvernement du Québec may nevertheless authorise, by order, on the conditions and in the cases it determines, a contract for the exportation of electric power from Québec. 3. Contracts relating to the exportation of electric power by Hydro-Québec, including wheeling under a transportation service agreement, must be submitted to the Government for authorisation in the cases determined by the Government and are subject to such conditions as the Government may then determine.
Reservation I-PT-159 Sector: Business services Sub-Sector: Real estate services involving own or leased property Real estate services on a fee or contract basis Industry Classification: CPC 821, 822 Type of Reservation: National treatment Level of Government: Provincial — Québec Measures: Real Estate Brokerage Act, C.Q.L.R., c. C-73.2 Description: Cross-Border Trade in Services The Real Estate Brokerage Act imposes residency requirements to brokers and agencies. Therefore, a broker must have an establishment in Québec. In the case of a broker who acts on behalf of an agency, the broker's establishment is the agency's establishment. An agency must have an establishment in Québec.
Reservations applicable in Saskatchewan
Reservation I-PT-160 Sector: Sale, maintenance and repair of motor vehicles and motorcycles Sub-Sector: Wholesale trade services Retail sales of motor vehicles including automobiles and other road vehicles Industry Classification: CPC 61111, 61112 Type of Reservation: Market access National treatment Level of Government: Provincial — Saskatchewan Measures: The Motor Dealers Act, R.S.S. 1978, c. M-22 The Motor Dealers Regulations, R.R.S. c. M-22 Reg. 1 Description: Cross-Border Trade in Services No licence as a motor vehicle dealer shall be granted unless the applicant for the licence maintains in the Province a place of business satisfactory to the registrar and from which he or she conducts his or her business, or a portion of his or her business, as a dealer.
Reservation I-PT-161 Sector: Business services Sub-Sector: Services incidental to fishing Industry Classification: CPC 882 Type of Reservation: Market access National treatment Level of Government: Provincial — Saskatchewan Measures: The Fisheries Act (Saskatchewan), 1994, c. F-16.1 The Fisheries Regulations, c. F-16.1 Reg. 1 Commercial Fishing Licensee Eligibility Requirements, Policy Number 3420.02 Commercial Fishing Co-operatives, Policy Number F & W 2003.2 Commercial Net Fishing Licence Eligibility Requirements Guidelines Description: Investment and Cross-Border Trade in Services Only a Saskatchewan resident is eligible to obtain a commercial fishing licence. Licences may be restricted to residents of the region of a local fishery.
Reservation I-PT-162 Sector: Business services Sub-Sector: Legal services Industry Classification: CPC 861 Type of Reservation: Market access National treatment Level of Government: Provincial — Saskatchewan Measures: The Legal Profession Act, 1990, S.S. 1990-91, c. L-10.1 Rules of the Law Society of Saskatchewan Description: Investment and Cross-Border Trade in Services 1. Only Canadian citizens or permanent residents of Canada are eligible for membership in the Law Society of Saskatchewan as a student of law or lawyer. Only members of the Law Society of Saskatchewan holding a subsisting certificate of practice can practice law in Saskatchewan. 2. A person who has engaged in the active practice of law in another jurisdiction of Canada may, upon meeting certain conditions, be admitted as a member without having met the normal requirements. Occasional appearance memberships are available only to persons who are Canadian citizens or permanent residents of Canada and who are qualified to practice law in another jurisdiction of Canada.
Reservation I-PT-163 Sector: Business services Sub-Sector: Legal services Industry Classification: CPC 861 Type of Reservation: Market access National treatment Level of Government: Provincial — Saskatchewan Measures: The Notaries Public Act, R.S.S. 1978, c. N-8 The Commissioners for Oaths Act, R.S.S. 1978, c. C-16 Description: Investment and Cross-Border Trade in Services 1. Only Canadian citizens residing within Saskatchewan can be appointed a notary public for Saskatchewan. 2. Only Canadian citizens can be appointed as a commissioner for oaths in and for Saskatchewan.
Reservation I-PT-164 Sector: Tourism Sub-Sector: Other — services incidental to hunting Services incidental to fishing Tourist guide agencies Own-account hunting Industry Classification: CPC 7472, 8813, 8820, 96419 Type of Reservation: Market access National treatment Level of Government: Provincial — Saskatchewan Measures: The Wildlife Act, 1998, S.S. c. W-13.12 The Wildlife Regulations, c. W13.1 Reg. 1 The Outfitter and Guide Regulations, 2004, c. N-3.1 Reg. 3 Description: Investment and Cross-Border Trade in Services A person who wishes to hold an outfitter's licence must be a Saskatchewan resident and have a head office in Saskatchewan.
Reservation I-PT-165 Sector: Business services Sub-Sector: Real estate services involving own or leased property Real estate services on a fee or contract basis Industry Classification: CPC 8210, 822 Type of Reservation: Market access National treatment Level of Government: Provincial — Saskatchewan Measures: The Real Estate Act, S.S. 1995, c. R-1.3 The Real Estate Commission policies and bylaws Description: Cross-Border Trade in Services A brokerage and person named in a certificate of registration as a brokerage must have an office in Saskatchewan and is required to maintain trust accounts in a financial institution in Saskatchewan for the deposit of all money received in connection with trades in real estate.
Reservation I-PT-166 Sector: Business services 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 — Saskatchewan Measures: The Wildlife Act, 1998, S.S. c. W-13.12 The Wildlife Regulations, c. W13.1 Reg. 1 Description: Investment and Cross-Border Trade in Services 1. A fur licence holder must be a Saskatchewan resident. 2. A Saskatchewan resident is a Canadian resident who has a principal residence in Saskatchewan and has resided in the Province for the three months preceding the date of the application for a licence.
Reservation I-PT-167 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: Market access National treatment Level of Government: Provincial — Saskatchewan Measures: The Alcohol and Gaming Regulation Act, S.S. 1997, c. A-18.011 Saskatchewan Liquor and Gaming Authority Policy The Slot Machine Act, R.S.S. 1978, c. S-50 The Saskatchewan Gaming Corporation Act, S.S. 1994, c. S-18.2 The Interprovincial Lotteries Act, 1984, S.S. 1983-84, c. I-12.01 Description: Investment Only gaming equipment, including video lottery terminals and slot machines, owned or leased by the Government of Saskatchewan may be operated in Saskatchewan.
Reservation I-PT-168 Sector: Transport Sub-Sector: Passenger Transportation Interurban scheduled bus passenger transportation Non-scheduled motor buses, chartered buses and tour and sightseeing buses Industry Classification: CPC 71213, 71222, 71223 Type of Reservation: Market access Level of Government: Provincial — Saskatchewan Measures: The Traffic Safety Act, S.S. 2004, c. T-18.1 The Operating Authority Regulations, 1990, c. M-21.2 Reg. 1 Policies of the Highway Safety Board Description: Investment and Cross-Border Trade in Services 1. An Operating Authority Certificate is required by persons operating commercial or business use vehicles for the purpose of transporting passengers for hire within or outside of the Province. 2. When considering an application for an operating authority certificate or an amendment to an Operating Authority Certificate, the Highway Safety Board may consider if public business will be promoted by the proposed undertaking. 3. Public business may be measured through a public convenience and needs test which includes: (a) examination of the adequacy of current levels of service; (b) market conditions establishing the requirement for expanded service; (c) the effect of new entrants on public convenience, including the continuity and quality of service; and (d) fitness, willingness and ability of the applicant to provide proper service.
Reservation I-PT-169 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Senior management and boards of directors Level of Government: Provincial — Saskatchewan Measures: The Business Corporations Act, R.S.S. 1978, c. B-10 Private Acts of the Legislature of Saskatchewan establishing corporate bodies Description: Investment 1. At least 25 per cent of the directors of a corporation must be resident Canadians (such as a Canadian citizen or permanent resident), but if a corporation has fewer than four directors, at least one director must be a resident Canadian. 2. If none of the directors of a corporation resides in Saskatchewan, the corporation shall appoint an attorney pursuant to comply with the Act as if the corporation were an extra-provincial corporation. 3. Directors of a corporation may appoint from their number a managing director who is a resident Canadian or a committee of directors and delegate to such managing director or committee any of the powers of the directors. 4. If the directors of a corporation appoint a committee of directors, at least 25 per cent of the members of the committee must be resident Canadians. 5. Constraints may be placed on the transfer and ownership of shares in corporations. The object is to permit corporations to meet Canadian ownership requirements, under certain federal and provincial laws, in sectors where ownership is required as a condition to operate or to receive licences, permits, grants, payments, or other benefits. In order to maintain certain Canadian ownership levels, a corporation is permitted to sell shareholders' shares without the consent of those shareholders, and to purchase its own shares on the open market.
Reservation I-PT-170 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Senior management and boards of directors Level of Government: Provincial — Saskatchewan Measures: The Co-operatives Act, 1996, S.S. 1998, c. C-37.3 Private Acts of the Legislature of Saskatchewan establishing corporate bodies Practice and Policy of the Registrar of Co-operatives Description: Investment 1. A co-operative must have a registered office in Saskatchewan. 2. Membership may be limited to Canadians resident in Saskatchewan. 3. There must be at least five Directors and the majority of Directors must be Canadian residents. Directors are appointed from amongst the membership of the co-operative. 4. The registrar may restrict the businesses in which a co-operative may engage in the Province.
Reservation I-PT-171 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Senior management and boards of directors Level of Government: Provincial — Saskatchewan Measures: The Non-profit Corporations Act, S.S. 1995, c. N-4.2 Private Acts of the Legislature of Saskatchewan establishing corporate bodies Description: Investment 1. At least one director of a corporation must reside in Saskatchewan. 2. At least 25 per cent of the directors of a corporation must be resident Canadians (such as a Canadian citizen), but if a corporation has fewer than four directors, at least one director must be a resident Canadian. 3. Directors of a charitable corporation shall not transact business at a meeting of directors unless a majority of directors present are resident Canadians. 4. Directors of a corporation may appoint from their number a managing director who is a resident Canadian or a committee of directors and delegate to the managing director or committee any of the powers of the directors. If the directors of a corporation appoint a committee of directors, a majority of the members of the committee must be resident Canadians.
Reservation I-PT-172 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Performance requirements Level of Government: Provincial — Saskatchewan Measures: The Labour-sponsored Venture Capital Corporations Act, S.S. 1986, c. L-0.2 The Labour-sponsored Venture Capital Corporations Regulations, R.R.S. c. L-0.2 Reg 1 Description: Investment 1. A labour-sponsored venture capital corporation is required to invest the proceeds from the issuance of shares primarily in the equity shares of eligible businesses. To be eligible, a business must employ no more than 500 employees in Saskatchewan and pay at least 25 per cent of its salaries and wages to Saskatchewan residents. 2. Tax credits are limited to persons liable to pay Saskatchewan provincial and federal income tax.
Reservation I-PT-173 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Senior management and boards of directors Level of Government: Provincial — Saskatchewan Measures: The Community Bonds Act, S.S. 1990-91, c. C-16.1 Description: Investment All directors of the proposed community bond corporation are to be residents of Saskatchewan.
Reservation I-PT-174 Sector: Agriculture Sub-Sector: Agricultural land Products of agriculture Live animals and animal products Industry Classification: CPC 01, 02, 531 Type of Reservation: Market access National treatment Level of Government: Provincial — Saskatchewan Measures: The Saskatchewan Farm Security Act, S.S. 1988-89, c. S-17.1 Crown Land Lease Policy (93-10-01) Community Pasture Policy (93-12-01) Description: Investment 1. Only Canadian residents and incorporated agricultural corporations are unlimited in the farmland holdings that they can own, control directly or indirectly or otherwise deal with. 2. A ‘resident person’ means an individual who: (a) resides in Canada for at least 183 days in any year; or (b) is a Canadian citizen. 3. Non-Canadian residents and non-agricultural corporations may not have or acquire an aggregate land holding exceeding ten acres and are restricted in the conditions under which they may own, control directly or indirectly or otherwise deal with farmland holdings in Saskatchewan. 4. Non-residents may not acquire an interest in land by participating in limited partnerships. 5. Livestock producers must be Canadian citizens or landed immigrants and actively operate or manage a farm and control a land base in Saskatchewan in order to lease pasture land.
Reservation I-PT-175 Sector: Agriculture Sub-Sector: Agriculture, mining and manufacturing Services incidental to agriculture Production and distribution services Industry Classification: CPC 0291, 0292, 02122, 22, 8811 (other than rental of agricultural equipment with operator) Type of Reservation: Market access Level of Government: Provincial — Saskatchewan Measures: The Agri-Food Act, S.S. 2004, c. A-15.21 The Broiler Hatching Egg Marketing Plan Regulations, 1985, c. N-3, Reg. 1 The Commercial Egg Marketing Plan Regulations, 2006, c. A-15.21, Reg. 2 The Milk Marketing Plan Regulations, 2010, c. A-15.21, Reg. 12 The Saskatchewan Chicken Marketing Plan, 1978, S.R. 387/78 The Saskatchewan Turkey Producers' Marketing Plan, 1975, S.R. 275/75 Description: Investment and Cross-Border Trade in Services Producers are required to hold a licence in order to produce or market: broiler hatching eggs; chickens, commercial eggs, milk; and turkeys. Only licenced producers can own and produce the commodities associated with each type of quota. Products produced under that quota must be produced in Saskatchewan.
Reservations applicable in Yukon
Reservation I-PT-176 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Performance requirements Level of Government: Territorial — Yukon Measures: Income Tax Act, R.S.Y. 2002, c. 118 Description: Investment 1. Under the Yukon Income Tax Act, a Yukon Small Business Investment Tax Credit of 25 per cent of the purchased share amount is offered to Yukon residents who invest in eligible business corporations. Yukon allocates CAD $1 million annually, to distribute on a first come, first served basis. 2. Eligible small business corporations must meet certain criteria including maintaining a permanent establishment in Yukon, having at least 50 per cent of assets in Yukon, and paying at least 50 per cent of salaries in Yukon.
Reservation I-PT-177 Sector: Business services Sub-Sector: Legal services Industry Classification: CPC 861 Type of Reservation: Market access National treatment Level of Government: Territorial — Yukon Measures: Legal Profession Act, R.S.Y. 2002, c. 134 Description: Investment and Cross-Border Trade in Services The following persons are qualified to apply for admission to the Law Society of Yukon and enrolment as members for the provision of domestic law: (a) a person who has been duly called to the bar of a province or has been admitted to practice as an attorney, advocate, barrister or solicitor in a province; or (b) a person who has completed 12 months of service in Yukon under articles as a student-at-law approved by the executive.
Reservation I-PT-178 Sector: Business services Sub-Sector: Notary public Industry Classification: CPC 861 Type of Reservation: Market access National treatment Level of Government: Territorial — Yukon Measures: Notaries Act, R.S.Y. 2002, c. 158 Description: Investment and Cross-Border Trade in Services Every person who seeks enrolment as a notary public must be a citizen of Canada or a person who has the status of a permanent resident of Canada.
Reservation I-PT-179 Sector: Business services Sub-Sector: Real estate services involving own or leased property Real estate services on a fee or contract basis Industry Classification: CPC 821, 822 Type of Reservation: National treatment Level of Government: Territorial — Yukon Measures: Real Estate Agents Act, R.S.Y. 2002, c. 188 Regulation, O.I.C., 1977/158, 1981/14, and 1990/136 Description: Cross-Border Trade in Services Real estate agent applicants must: (a) be a resident of Yukon for a period of not less than three months immediately prior to the application date; and (b) be licenced as a salesman in Yukon for at least one year prior to submitting an application.
Reservation I-PT-180 Sector: Travel agency, tour operator and tourist guide services Sub-Sector: Tourist guide services Industry Classification: CPC 7472 Type of Reservation: Market access National treatment Level of Government: Territorial — Yukon Measures: Wilderness Tourism Licensing Act, R.S.Y. 2002, c. 228 General Regulation, O.I.C. 1999/69 Description: Investment and Cross-Border Trade in Services 1. There are a limited number of licences allocated for the Glacier Bay National Park and Preserve area. Licences allocated to Yukon are distributed with preference given to Yukon residents. 2. The above measures permit the Government of Yukon to regulate and issue various authorisations relating to wilderness tourism. This may involve, among other things, the making of measures: (a) to limit ownership on the basis of nationality or residence; (b) to limit market access; and (c) to favour Canadian persons and Canadian service providers.
Reservation I-PT-181 Sector: Tourism Sub-Sector: Services incidental to hunting, trapping, outfitting and tourist guides Industry Classification: CPC 8813, 7472, 96419 Type of Reservation: Market access National treatment Level of Government: Territorial — Yukon Measures: Wildlife Act, R.S.Y. 2002, c. 229 Wildlife Regulations, O.I.C. 2012/84 Trapping Regulation, O.I.C. 1982/283 Parks and Land Certainty Act, R.S.Y. 2002, c. 165 Hershel Island Park Regulation, O.I.C. 1990/038 Description: Investment and Cross-Border Trade in Services 1. Applicants for outfitting concessions, trapping concessions and wilderness tourism licences must be a Canadian citizen or a permanent resident who ordinarily resides in Canada. Outfitters must be in Yukon during the period when persons are hunting in his or her concession. 2. An outfitting certificate is a yearly authorisation which gives permission to the holder to carry on the business of outfitting in a specific outfitting concession. An outfitting certificate is issued to a person who is a holder of the concession, or if requested, to an eligible corporation named by the outfitter. The corporation can then offer to provide guiding services to hunters. Assistant trapper's licences and trapping concessions are issued to Yukon residents only. 3. The above measures permit the Government of Yukon to regulate and issue various authorisations relating to tourism, including services incidental to hunting, trapping, outfitting and tourist guides. This may involve, among other things, the making of measures: (a) to limit ownership on the basis of nationality or residence; (b) to limit market access; and (c) to favour Canadian persons and Canadian service providers.
Reservation I-PT-182 Sector: Services incidental to agriculture, hunting and forestry Sub-Sector: Hides, skins and fur skins, raw Services incidental to animal husbandry Services incidental to hunting Industry Classification: CPC 0297, 8812, 8813 Type of Reservation: Market access National treatment Level of Government: Territorial — Yukon Measures: Wildlife Act, R.S.Y. 2002, c. 229 Wildlife Regulations, O.I.C. 2012/84 Trapping Regulations, O.I.C. 1982/283 Game Farm Regulations, O.I.C. 1995/15 Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7 Description: Investment and Cross-Border Trade in Services 1. A licence is required for a person to operate a fur farm in Yukon. Only Yukon residents are eligible for a licence. Residency is established by residing in Yukon for one year according to the Wildlife Act. 2. The above measures permit the Government of Yukon to regulate and issue various authorisations relating to farming, including raw hides, skins, and fur skins, services incidental to animal husbandry and services incidental to hunting. This may involve, among other things, the making of measures: (a) to limit ownership on the basis of nationality or residence; (b) to limit market access; and (c) to favour Canadian persons and Canadian service providers.
Reservation I-PT-183 Sector: Land Sub-Sector: Agricultural land, forest and other wooded land Industry Classification: CPC 531, 8811 (other than rental of equipment with operator), 8812 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Territorial — Yukon Measures: Lands Titles Act, R.S.Y. 2002, c. 130 Lands Act, R.S.Y. 2002, c. 132 Lands Regulation, O.I.C. 1983/192 Lands Act — Regulation to Amend the Lands Regulation, O.I.C. 2012/159 Yukon Agriculture Policy Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7 Description: Investment and Cross-Border Trade in Services 1. Corporate applicants for agricultural land use must be incorporated in Canada or Yukon and the majority of shareholders must be Canadian citizens or landed immigrants who have resided continuously in Yukon for one year. 2. To be eligible to apply for agricultural land use, a society must be registered in Yukon whose officers are Canadian citizens or landed immigrants and must have resided continuously in Yukon for one year. 3. A majority of members of an agricultural association or cooperative applicants must be Yukon residents. 4. The above measures permit the Government of Yukon to regulate and issue various authorisations relating to agriculture, including agricultural land, forest and other wooded land. This may involve, among other things, the making of measures: (a) to limit ownership on the basis of nationality or residence; (b) to impose performance requirements; (c) to favour Canadian persons and Canadian service providers; and (d) regarding the nationality or residence of senior management and boards of directors.
Reservation I-PT-184 Sector: Land Sub-Sector: Agricultural land, forest and other wooded land Industry Classification: CPC 8811 (other than rental of agricultural equipment with operator), 8812, 531 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Territorial — Yukon Measures: Land Titles Act, R.S.Y. 2002, c. 130 Lands Act, R.S.Y. 2002, c. 132 Lands Regulation, O.I.C. 1983/192 Lands Act — Regulation to Amend the Lands Regulation, O.I.C. 2012/159 Grazing Regulations, O.I.C. 1988/171 Yukon Grazing Policy Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7 Description: Investment and Cross-Border Trade in Services 1. In order to apply for a grazing agreement: (a) individual applicants must be a Canadian citizen or have permanent resident status; and have resided in Yukon for one year prior to applying; (b) corporate applicants must have a majority of shares held by Yukon residents; or (c) the majority of members of agricultural association or cooperative applicants must be Yukon residents. 2. The above measures permit the Government of Yukon to regulate and issue various authorisations relating to agriculture, including services incidental to agriculture, services incidental to animal husbandry, agricultural land, forest and other wooded land and Crown land leases and permits. This may involve, among other things, the making of measures: (a) to impose performance requirements; (b) to limit ownership on the basis of nationality or residence; (c) to favour Canadian persons and Canadian service providers; and (d) regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-185 Sector: Agriculture, forestry and fisheries products Sub-Sector: Production, transformation and transport of agricultural products Food and marine products Services incidental to fishing Services incidental to agriculture, forestry and hunting Industry Classification: CPC 01, 02, 04, 531, 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: Territorial — Yukon Measures: Agricultural Products Act, R.S.Y. 2002, c. 3 Meat Inspection and Abattoir Regulations, O.I.C. 1988/104 Yukon Agricultural Policy Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7 Description: Investment and Cross-Border Trade in Services The above measures permit the Government of Yukon to regulate and issue various authorisations relating to agriculture, including production, marketing, transformation and transport of agricultural products food and marine products, and services incidental to fishing. This may involve, among other things, the making of measures: (a) to impose performance requirements; (b) to limit ownership on the basis of nationality or residence; (c) to favour Canadian persons and Canadian service providers; and (d) regarding the nationality or residence of senior management and board of directors
Reservation I-PT-186 Sector: Agriculture, forestry and fisheries products Sub-Sector: Agricultural, forest and other wooded land Forestry and logging products Industry Classification: CPC 03, 531 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Territorial — Yukon Measures: Forest Resources Act, S.Y. 2008, c. 15 Forest Resources Regulation, O.I.C. 2010/171 Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7 Description: Investment and Cross-Border Trade in Services The above measures permit the Government of Yukon to regulate and issue various authorisations relating to forestry, including agricultural, forest and other wooded land, and forestry and logging products. This may involve, among other things, the making of measures: (a) to impose performance requirements; (b) to limit ownership on the basis of nationality or residence; (c) to favour Canadian persons and Canadian service providers; and (d) regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-187 Sector: Energy Sub-Sector: Electrical energy Services incidental to energy distribution Industry Classification: CPC 171, 713, 887 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Territorial — Yukon Measures: Waters Act, S.Y. 2003, c. 19 Waters Regulation, O.I.C. 2003/58 Environment Act, R.S.Y. 2002, c. 76 Quartz Mining Act, S.Y. 2003, c. 14 Quartz Mining Land Use Regulation, O.I.C. 2003/64 Security Regulation, O.I.C. 2007/77 Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7 Description: Investment and Cross-Border Trade in Services 1. Yukon reserves the right to set or modify electricity rates. 2. Yukon may make available to Yukon Development Corporation (or any subsidiary or successor corporation) for operational purposes any facility or any water power that is owned by Yukon or under its control. 3. The above measures permit the Government of Yukon to regulate and issue various authorisations relating to energy, including electrical energy and services incidental to energy distribution. This may involve, among other things, the making of measures: (a) to impose performance requirements; (b) to limit ownership on the basis of nationality or residence; (c) to favour Canadian persons and Canadian service providers; and (d) regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-188 Sector: Energy Sub-Sector: Production, transmission, and distribution of electricity Gas, steam and hot water Services incidental to energy distribution Industry Classification: CPC 171, 713, 887 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Territorial — Yukon Measures: Corporate Governance Act, R.S.Y. 2002, c. 45 Public Utilities Act, R.S.Y. 2002, c. 186 Yukon Power Corporation Regulations, O.I.C. 1987/71 Yukon Development Corporation Act, R.S.Y. 2002, c. 236 Energy Conservation Fund, O.I.C. 1997/91 Energy Conservation Fund Use Regulation, O.I.C. 1998/204 Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7 Description: Investment and Cross-Border Trade in Services The above measures permit the Government of Yukon to regulate and issue various authorisations relating to energy, including production, transmission, distribution of electricity, gas, steam and hot water and services incidental to energy distribution. This may involve, among other things, the making of measures: (a) to impose performance requirements; (b) to limit ownership on the basis of nationality or residence; (c) to favour Canadian persons and Canadian service providers; and (d) regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-189 Sector: Transport Sub-Sector: Transport services via pipeline Transportation of fuels Transportation of other goods Services incidental to energy distribution Industry Classification: CPC 17, 713, 887 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Territorial — Yukon Measures: Public Utilities Act, R.S.Y. 2002, c. 186 Yukon Power Corporation Regulations, O.I.C. 1987/71 Oil and Gas Act, R.S.Y. 2002, c. 162 Oil and Gas Pipeline Regulations Oil and Gas Disposition Regulations, O.I.C. 1999/147 Oil and Gas Licence Administration Regulations, O.I.C. 2004/157 Oil and Gas Drilling and Production Regulations, O.I.C. 2004/158 Oil and Gas Geoscience and Exploration Regulations, O.I.C. 2004/156 Oil and Gas Royalty Regulations, O.I.C. 2008/25 Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7 Description: Investment and Cross-Border Trade in Services 1. The Commissioner in Executive Council may designate any ‘energy project’ (defined to include any oil or gas pipeline) as a ‘regulated project’, and allows the Minister to impose terms and conditions in respect of the project. The Commissioner in Executive Council may give directions to Yukon Utilities Board in respect of, among other things, utility rates and the operations of public utilities. 2. The above measures permit the Government of Yukon to regulate and issue various authorisations relating to transportation including transportation via pipeline, transportation of fuels, and transportation of other goods and services incidental to energy distribution. This may involve, among other things, the making of measures: (a) to impose performance requirements; (b) to limit ownership on the basis of nationality or residence; (c) to favour Canadian persons and Canadian service providers; and (d) regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-190 Sector: Energy Sub-Sector: Oil and gas Services incidental to energy distribution Crude petroleum and natural gas Transport services via pipeline Industry Classification: CPC 120, 713, 887 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Territorial — Yukon Measures: Canada-Yukon Oil and Gas Accord Oil and Gas Act, R.S.Y. 2002, c. 162 Oil and Gas Pipeline Regulation Oil and Gas Disposition Regulations, O.I.C. 1999/147 Oil and Gas Licence Administration Regulations, O.I.C. 2004/157 Oil and Gas Drilling and Production Regulations, O.I.C. 2004/158 Oil and Gas Geoscience and Exploration Regulations, O.I.C. 2004/156 Oil and Gas Royalty Regulations, O.I.C. 2008/25 Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7 Description: Investment and Cross-Border Trade in Services The above measures permit the Government of Yukon to regulate and issue various authorisations relating to energy, including oil and gas, services incidental to energy distribution, crude petroleum and natural gas, and transport services via pipeline. This may involve, among other things, the making of measures: (a) to impose performance requirements; (b) to limit ownership on the basis of nationality or residence; (c) to favour Canadian persons and Canadian service providers; and (d) regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-191 Sector: Alcoholic beverages Sub-Sector: Commission agents' services Wholesale trade services Retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture and transport of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107, 7123 (other than 71231, 71232, 71233, 71234), 8841 Type of Reservation: National treatment Senior management and boards of directors Level of Government: Territorial — Yukon Measures: Liquor Act, R.S.Y. 2002, c. 140 Liquor Regulations, O.I.C. 1977/37 Regulations to Amend the Liquor Regulations, O.I.C. 2010/157, O.I.C. 2012/96 Yukon Act, S.C. 2002, c. 7 Description: Investment and Cross-Border Trade in Services The above measures permit the Government of Yukon to regulate and issue various authorisations relating to alcoholic beverages, including wholesale trade services, food retailing services, liquor, wine and beer stores, liquor, wine and beer, commission agent's services, production, manufacture and transportation of alcoholic beverages and retailing services. This may involve, among other things, the making of measures: (a) to limit ownership on the basis of nationality or residence; (b) to favour Canadian persons and Canadian service providers; and (c) regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-192 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: Territorial — Yukon Measures: Public Lotteries Act, R.S.Y. 2002, c. 179 Lottery Licensing Act, R.S.Y. 2002, c. 143 Lotteries and Games of Chance Regulations and the Diamond Tooth Gerties Regulations, O.I.C. 1987/180 Lottery Licensing Act — Regulation to Amend the Lottery and Games of Chance Regulations, O.I.C. 2012/102 Slot Machine Management Regulations, O.I.C. 2205/32 Description: Investment and Cross-Border Trade in Services The above measures permit the Government of Yukon to regulate and issue various authorisations relating to gambling and betting, including regulating services, suppliers of services, manufacturing, suppliers of materials, operations and repairs relating to lottery schemes, amusement machines, video lottery terminals, games of chance, races, betting theatres, bingo, casinos and promotional contests, and to conduct such activities, including through territorial monopolies. This may involve, among other things, the making of measures: (a) to impose performance requirements; (b) to limit ownership on the basis of nationality or residence; (c) to favour Canadian persons and Canadian service providers; and (d) regarding the nationality or residence of senior management and board of directors.
Reservation I-PT-193 Sector: Business services Sub-Sector: Veterinary services for pet animals Other veterinary services Industry Classification: CPC 932 Type of Reservation: National treatment Level of Government: Territorial — Yukon Measures: Animal Protection Act, R.S.Y. 2002, c. 6 Animal Health Act, R.S.Y. 2002, c. 5 Occupational Training Act, R.S.Y. 2002, c. 160 Description: Investment and Cross-Border Trade in Services The above measures permit the Government of Yukon to regulate and issue various authorisations relating to veterinary services for pet animals and other veterinary services. This may involve, among other things, the making of measures: (a) to limit ownership on the basis of nationality or residence; and (b) to favour Canadian persons and Canadian service providers.
Reservation I-PT-194 Sector: Research and development services Sub-Sector: Research and experimental development services on natural sciences and engineering Research and experimental development services on social sciences and humanities Interdisciplinary research and experimental development services Industry Classification: CPC 851, 852 (linguistics and languages only), 853 Type of Reservation: National treatment Performance requirements Senior management and boards of directors Level of Government: Territorial — Yukon Measures: Scientists and Explorers Act, R.S.Y. 2002, c. 200 Historic Resources Act, R.S.Y. 2002, c. 109 Archaeological Sites Regulation, O.I.C. 2003/73 Wildlife Act, R.S.Y. 2002, c. 229 Wildlife Regulations, O.I.C. 2012/84 Languages Act, R.S.Y. 2002, c. 133 Yukon Environmental and Socio-Economic Assessment Act, S.C. 2003, c. 7 Description: Investment and Cross-Border Trade in Services The above measures permit the Government of Yukon to regulate and issue various authorisations relating to research and development services on natural sciences and engineering, social sciences and humanities, interdisciplinary research and experimental developmental services. This may involve, among other things, the making of measures: (a) to impose performance requirements; (b) to limit ownership on the basis of nationality or residence; (c) to favour Canadian persons and Canadian service providers; and (d) regarding the nationality or residence of senior management and board of directors.
EU Party Reservations applicable in the European Union (applicable in all Member States of the EU unless otherwise indicated)
Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Level of Government: EU level — National Measures: Treaty on the Functioning of the European Union Description: Investment All companies or firms formed in accordance with the law of a Member State of the EU and having their registered office, central administration or principal place of business within the EU, including those established in the Member States of the EU by Canadian investors, are entitled to receive the treatment accorded by Article 54 of the Treaty on the Functioning of the European Union. Such treatment is not accorded to branches or agencies of companies or firms established outside the EU. Treatment granted to companies or firms formed by Canadian investors in accordance with the law of a Member State of the EU, and having their registered office, central administration or principal place of business within the EU, is without prejudice to any conditions or obligations, consistent with Chapter Eight (Investment), which may have been imposed on such companies or firms when they established in the EU and which shall continue to apply.
Sector: Research and development services Sub-Sector: Research and experimental development services on natural sciences and engineering, interdisciplinary research and experimental development services Industry Classification: CPC 851, CPC 853 Type of Reservation: National treatment Market access Level of Government: EU level — National — Regional Measures: All currently existing and all future EU research or innovation framework programmes, including all the FP7 Rules for Participation and regulations pertaining to Joint Technology Initiatives (JTIs),art. 185 Decisions, the Competitiveness and Innovation Programme (CIP) and the European Institute for Innovation and Technology (EIT), as well as existing and future national, regional or local research programmes. Description: Investment and Cross-Border Trade in Services For publicly funded research and development (R&D) services benefitting from funding provided by the EU at EU level, exclusive rights or authorisations may only be granted to nationals of the Member States of the EU and to juridical persons of the EU having their registered office, central administration or principal place of business in the EU. For publicly funded R&D services benefitting from funding provided by a Member State exclusive rights or authorisations may only be granted to nationals of the Member State of the EU concerned and to juridical persons of the Member State concerned having their headquarters in that Member State. This reservation is without prejudice to the exclusion of procurement by a Party, subsidies, or governmental support for trade in services in Articles 8.15(5)(a) and (b), and 9.2(2)(f) and (g) respectively.
Sector: Health, social and education services Sub-Sector: Industry Classification: CPC 92, CPC 93 Type of Reservation: National treatment Senior management and boards of directors Market access Level of Government: EU level — National — Regional Measures: As set out in the Description element Description: Investment Any Member State of the EU, when selling or disposing of its equity interests in, or the assets of, an existing state enterprise or an existing governmental entity providing health, social or education services, may prohibit or impose limitations on the ownership of such interests or assets, and on the ability of owners of such interests and assets to control any resulting enterprise, by investors of Canada or of a third country or their investments. With respect to such a sale or other disposition, any Member State of the EU may adopt or maintain any measure relating to the nationality of senior management or members of the boards of directors, as well as any measure limiting the number of suppliers. For purposes of this reservation: (a) any measure maintained or adopted after the date of entry into force of this Agreement that, at the time of the sale or other disposition, prohibits or imposes limitations on the ownership of equity interests or assets or imposes nationality requirements or imposes limitations on the numbers of suppliers described in this reservation shall be deemed to be an existing measure; and (b) ‘state enterprise’ means an enterprise owned or controlled through ownership interests by any Member State of the EU and includes an enterprise established after the date of entry into force of this Agreement solely for the purposes of selling or disposing of equity interests in, or the assets of, an existing state enterprise or governmental entity.
Sector: Agriculture Sub-Sector: Industry Classification: Type of Reservation: Performance requirements Level of Government: EU level Measures: Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) Description: Investment The intervention agencies designated by the Member States of the EU shall buy cereals which have been harvested in the EU. No export refund shall be granted on rice imported from and re-exported to Canada or any third country. Only EU rice producers may claim compensatory payments.
Sector: Business services Sub-Sector: Accounting and auditing services Industry Classification: CPC 8621 Type of Reservation: National treatment Level of Government: EU level — National — Regional Measures: Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC Description: Cross-Border Trade in Services The competent authorities of a Member State of the EU may recognise the equivalence of the qualifications of an auditor who is a national of Canada or of any third country in order to approve them to act as a statutory auditor in the EU subject to reciprocity.
Sector: Communications services Sub-Sector: Postal services Industry Classification: Part of CPC 71235, part of CPC 73210, part of 751, Type of Reservation: Market access Level of Government: EU level — National — Regional Measures: Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service, as amended by Directive 2002/39/EC and Directive 2008/06/EC Description: Investment and Cross-Border Trade in Services In the EU, the organisation of the siting of letter boxes on the public highway, the issuing of postage stamps, and the provision of the registered mail service used in the course of judicial or administrative procedures may be restricted in accordance with national legislation. Licensing systems may be established for those services for which a general Universal Service Obligation exists. These licences may be subject to particular universal service obligations or a financial contribution to a compensation fund.
Sector: Transport Sub-Sector: Supporting services for air transport Industry Classification: Rental of aircraft Type of Reservation: CPC 7461, CPC 7469, CPC 83104 National treatment Market access Most-favoured-nation treatment Level of Government: EU level — National — Regional Measures: Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems Description: Investment and Cross-Border Trade in Services Aircraft used by EU air carriers must be registered in the Member State of the EU licensing the carrier or, if the licensing Member State of the EU so allows, elsewhere in the EU. To be registered, aircraft may be required to be owned either by natural persons meeting specific nationality criteria or by enterprises meeting specific criteria regarding ownership of capital and control. By exception, aircraft registered in Canada may be leased by a Canadian air carrier to an air carrier of the EU under certain circumstances — for the air carrier of the EU's exceptional needs, seasonal capacity needs, or needs to overcome operational difficulties, which cannot reasonably be satisfied through leasing aircraft registered within the EU, and subject to obtaining the approval for a limited duration from the Member State of the EU licensing the air carrier of the EU. For groundhandling services, establishment within the EU territory may be required. The level of openness of groundhandling services depends on the size of airport. The number of suppliers in each airport may be limited. For ‘big airports’, this limit may not be less than two suppliers. For greater certainty, this does not affect the EU's rights and obligations under the Agreement on Air Transport between Canada and the European Community and its Member States. For airport operations, establishment within the EU is required. Airport operation services may be subject to individual concession or licence from public authorities. Special approval from the competent authority may be needed for the holder of the licence or the concession to transfer the operation licence or concession in total or in part to a third party. With respect to computer reservation system (CRS) services, where EU air carriers are not accorded, by CRS services suppliers operating outside the EU, equivalent (meaning non-discriminatory) treatment to that provided in the EU, or where EU CRS services suppliers are not accorded, by non-EU air carriers, equivalent treatment to that provided in the EU, measures may be taken to accord equivalent treatment, respectively, to the non-EU air carriers by the CRS services suppliers operating in the EU, or to the non-EU CRS services suppliers by EU air carriers.
Sector: Transport Sub-Sector: Internal waterways transport Supporting services for internal waterways transport Industry Classification: CPC 722, part of CPC 745 Type of Reservation: National treatment Market access Obligations Level of Government: EU level Measures: Council Regulation (EEC) No 3921/91 of 16 December 1991 laying down the conditions under which non-resident carriers may transport goods or passengers by inland waterway within a Member State Council Regulation (EC) No 1356/96 of 8 July 1996 on common rules applicable to the transport of goods or passengers by inland waterway between Member States with a view to establishing freedom to provide such transport services Council Regulation (EEC) No 2919/85 of 17 October 1985 laying down the conditions for access to the arrangements under the Revised Convention for the navigation of the Rhine relating to vessels belonging to the Rhine Navigation Description: Investment, Cross-Border Trade in Services, and International Maritime Transport Services Goods or passenger transport operations by inland waterway may only be provided by an operator that fulfils the following conditions: (a) is established in a Member State of the EU, (b) is entitled there to carry out the (international) transport of goods or passengers by inland waterway, and (c) uses vessels registered in a Member State of the EU or in possession of a certificate of membership of a fleet of a Member State of the EU. In addition, the vessels must be owned by natural persons domiciled in a Member State of the EU and who are nationals of a Member State of the EU, or owned by legal persons registered in a Member State of the EU and the majority of whom are nationals of a Member State of the EU. Derogations from the majority ownership requirement may exceptionally be provided. In Spain, Sweden and Finland there is no legal distinction between maritime and internal waterways. The regulation of maritime transport applies equally to internal waterways.
Sector: Transport Sub-Sector: Rail transport Industry Classification: CPC 711 Type of Reservation: Market access Level of Government: EU level — National — Regional Measures: Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) Council Directive 2006/103/EC of 20 November 2006 adapting certain Directives in the field of transport policy, by reason of the accession of Bulgaria and Romania Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007 amending Council Directive 91/440/EEC on the development of the Community's railways and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure Description: Cross-Border Trade in Services The provision of rail transport services requires a licence, which can only be granted to railway undertakings established in a Member State of the EU.
Sector: Transport Sub-Sector: Other transport services (provision of combined transport services) Industry Classification: CPC 711, CPC 712, CPC 7212, CPC 7222, CPC 741, CPC 742, CPC 743, CPC 744, CPC 745, CPC 748, CPC 749 Type of Reservation: Market access Level of Government: EU level — National — Regional Measures: Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States Description: Investment and Cross-Border Trade in Services With the exception of Finland, only hauliers established in a Member State of the EU who meet the conditions of access to the occupation and access to the market for transport of goods between Member States of the EU may, in the context of a combined transport operation between Member States of the EU, carry out initial or final road haulage legs which form an integral part of the combined transport operation and which may or may not include the crossing of a frontier. Limitations affecting any given modes of transport apply. Necessary measures can be taken to ensure that the motor vehicle taxes applicable to road vehicles routed in combined transport are reduced or reimbursed.
Sector: Supporting services for all modes of transport Sub-Sector: Customs clearance services Industry Classification: part of CPC 748 Type of Reservation: National treatment Market access Level of Government: EU level — National — Regional Measures: Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, and subsequent amendments Description: Cross-Border Trade in Services Customs clearance services may only be provided by EU residents.
Reservations applicable in Austria
Sector: All sectors Sub-Sector: Acquisition, purchase, rental or leasing of real estate Industry Classification: Type of Reservation: National treatment Level of Government: Regional (Sub-national) Measures: Burgenländisches Grundverkehrsgesetz, LGBL. Nr. 25/2007 Kärntner Grundverkehrsgesetz, LGBL. Nr. 9/2004 NÖ- Grundverkehrsgesetz, LGBL. 6800 OÖ- Grundverkehrsgesetz, LGBL. Nr. 88/1994 Salzburger Grundverkehrsgesetz, LGBL. Nr. 9/2002 Steiermärkisches Grundverkehrsgesetz, LGBL. Nr. 134/1993 Tiroler Grundverkehrsgesetz, LGBL. Nr. 61/1996 Voralberger Grundverkehrsgesetz, LGBL. Nr. 42/2004 Wiener Ausländergrundverkehrsgesetz, LGBL. Nr. 11/1998 Description: Investment The acquisition, purchase and rental or leasing of real estate by non-EU natural persons and enterprises requires authorisation by the competent regional authorities (Länder). Authorisation will only be granted if the acquisition is considered to be in the public (in particular economic, social and cultural) interest.
Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Level of Government: National Measures: Aktiengesetz, BGBL. Nr. 98/1965, § 254 (2) GmbH-Gesetz, RGBL. Nr. 58/1906, § 107 (2) Gewerbeordnung, BGBL. Nr. 194/1994, § 39 (2a) Description: Investment For the operation of a branch, non-European Economic Area (EEA) corporations must appoint at least one person responsible for its representation who is resident in Austria. Executives (managing directors, natural persons) responsible for the observance of the Austrian Trade Act (Gewerbeordnung) must be domiciled in Austria.
Sector: Business services Sub-Sector: Legal services Industry Classification: Part of CPC 861 Type of Reservation: National treatment Market access Level of Government: National Measures: Rechtsanwaltsordnung (Lawyers Act) — RAO, RGBl. Nr. 96/1868, art. 1 and 21c Description: Investment and Cross-Border Trade in Services Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts. Residency (commercial presence) is required in order to obtain full admission to the Bar. To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis. According to the Lawyers Act, only EEA lawyers or lawyers of the Swiss Confederation are allowed to provide legal services through commercial presence. Cross border supply of legal services by Canadian lawyers (who must be fully qualified in Canada) is only authorised in respect of public international law and Canadian law. For admission to the Bar, required for the practice of EU law and the law of a Member State of the EU including representation before courts, nationality of a Member State of the EEA or the Swiss Confederation is required. Equity participation and shares in the operating result of any law firm of Canadian lawyers (who must be fully qualified in Canada) is allowed up to 25 per cent; the rest must be held by fully fledged EEA lawyers or lawyers of the Swiss confederation) and only the latter may exercise decisive influence in the decision making of the law firm which is — according to Article 1a of the Lawyers Act — in Austria generally limited to certain forms of association.
Sector: Business services Sub-Sector: Accounting and bookkeeping services Auditing services Taxation advisory services Industry Classification: CPC 862, CPC 863 Type of Reservation: National treatment Market access Level of Government: National Measures: Wirtschaftstreuhandberufsgesetz(Public Accountant and Auditing Profession Act, BGBl. I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4 Bilanzbuchhaltungsgesetz (BibuG, BGBl. I Nr. 11/2008, § 7, § 11, § 56 and § 59 (1) 4. Description: Investment and Cross-Border Trade in Services The capital interests and voting rights of foreign accountants, bookkeepers, auditors, and tax advisers, qualified according to the law of their home country, in an Austrian enterprise may not exceed 25 per cent. The service supplier must have an office or professional seat in the EEA in order to provide bookkeeping services, and to be entitled to practice as an auditor or tax advisor according to Austrian law. Where the employer of a foreign auditor is not a national of a Member State of the EU, they must be a member of the relevant professional body in their home country, where such a body exists.
Sector: Health services Sub-Sector: Veterinary services Industry Classification: CPC 932 Type of Reservation: National treatment Level of Government: National Measures: Tierärztegesetz (Veterinary Act), BGBl. Nr. 16/, §3 (3) 1 Description: Investment and Cross-Border Trade in Services Only nationals of a Member State of the EEA may provide veterinary services. The nationality requirement is waived for nationals of a non-Member State of the EEA where there is an agreement with that non-Member State of the EEA providing for national treatment with respect to investment and cross-border trade of veterinary services.
Sector: Health services Sub-Sector: Medical services Industry Classification: part of CPC 9312 Type of Reservation: National treatment Market access Level of Government: National Measures: Medical Act, BGBl. I Nr. 169/1998, §4 (2) and §5 (b), §§ 8(5), 32, 33 and 35 Federal Act Regulating High Level Allied Health Professions, BGBl. Nr. 460/1992 Federal Act regulating Medical Masseurs lower and upper level, BGBl. Nr. 169/2002 Description: Investment Nationality of a Member State of the EEA or of the Swiss Confederation is required in order to provide medical services. Regarding medical services, non-nationals of a Member State of the EEA may apply for the following authorisations: postgraduate training, medical practice as a general medical practitioner or specialist in hospitals and penal institutions, medical practice as a general practitioner in a self-employed capacity, and medical activities for educational purposes. This reservation does not apply to dental services or services provided by psychologists and psychotherapists.
Sector: Distribution Sub-Sector: Retail sales of tobacco Industry Classification: CPC 63108 Type of Reservation: National treatment Level of Government: National Measures: Tobacco Monopoly Act 1996, § 5 and § 27 Description: Investment and Cross-Border Trade in Services Only natural persons may apply for an authorisation to operate as a tobacconist. Priority is given to nationals of a Member State of the EEA.
Sector: Distribution and health services Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods Other services provided by pharmacists Industry Classification: CPC 63211 Type of Reservation: National treatment Senior management and boards of directors Market access Level of Government: National Measures: Apothekengesetz (Pharmacy Law), RGBl.No. 5/1907, §3 Arzneimittelgesetz (Medication Act) BGBL. Nr. 185/1983, §57-63 Description: Investment The retail of pharmaceuticals and specific medical goods to the public may only be carried out through a pharmacy. Nationality of a Member State of the EEA or the Swiss Confederation is required in order to operate a pharmacy. Nationality of a Member State of the EEA or the Swiss Confederation is required for leaseholders and persons in charge of managing a pharmacy.
Sector: Education services Sub-Sector: Higher education services Industry Classification: CPC 923 Type of Reservation: Market access Level of Government: National Measures: University of Applied Sciences Studies Act, BGBl I Nr. 340/1993, § 2 University Accreditation Act, BGBL. I Nr. 168/1999, § 2 Description: Investment and Cross-Border Trade in Services The provision of privately funded university level education services in the area of applied sciences requires an authorisation from the competent authority, the Council for Higher education (Fachhochschulrat). An investor seeking to provide an applied science study programme must have his primary business being the supply of such programmes, and must submit a needs assessment and a market survey for the acceptance of the proposed study programme. The competent Ministry may deny an authorisation where the programme is determined to be incompatible with national educational interests. The applicant for a private university requires an authorisation from the competent authority (the Austrian Accreditation Council). The competent Ministry may deny the approval if the decision of the accreditation authority does not comply with national educational interests.
Sector: Financial services Sub-Sector: Insurance and insurance-related services Industry Classification: Type of Reservation: National treatment Level of Government: National Measures: Austrian Insurance Supervision Act, §5 (1) 3 (VAG) Description: Financial Services In order to obtain a licence to open a branch office, foreign insurers must have a legal form corresponding or comparable to a joint stock company or a mutual insurance association in their home country. The management of a branch office must consist of at least two natural persons resident in Austria.
Sector: Financial services Sub-Sector: Insurance Industry Classification: Type of Reservation: National treatment Market access Cross-border supply of financial services Level of Government: National Measures: Insurance Supervision Act (VAG), BGBI. Nr. 569/1978, §1 (2) Description: Financial Services Promotional activity and intermediation on behalf of a subsidiary not established in the EU or of a branch not established in Austria (except for reinsurance and retrocession) are prohibited.
Sector: Recreational, cultural and sporting services Sub-Sector: Ski school services Mountain guide services Industry Classification: Part of CPC 96419 Type of Reservation: National treatment Senior management and boards of directors Level of Government: Regional (Sub-national) Measures: Kärntner Schischulgesetz, LGBL. Nr. 53/97 Kärntner Berg- und Schiführergesetz, LGBL. Nr. 25/98 NÖ- Sportgesetz, LGBL. Nr. 5710 OÖ- Sportgesetz, LGBl. Nr. 93/1997 Salzburger Schischul- und Snowboardschulgesetz, LGBL. Nr. 83/89 Salzburger Bergführergesetz, LGBL. Nr. 76/81 Steiermärkisches Schischulgesetz, LGBL. Nr.58/97 Steiermärkisches Berg- und Schiführergesetz, LGBL. Nr. 53/76 Tiroler Schischulgesetz. LGBL. Nr. 15/95 Tiroler Bergsportführergesetz, LGBL. Nr. 7/98 Vorarlberger Schischulgesetz, LGBL. Nr. 55/02 §4 (2)a Vorarlberger Bergführergesetz, LGBL. Nr. 54/02 Wien: Gesetz über die Unterweisung in Wintersportarten, LGBL. Nr. 37/02 Description: Investment and Cross-Border Trade in Services The operation of ski schools and mountain guide services is governed by the laws of the ‘Bundesländer’. The provision of these services may require nationality of a Member State of the EEA. Enterprises may be required to appoint a Managing Director who is a national of a Member State of the EEA.
Sector: Transport Sub-Sector: Water transport Supporting services for water transport Industry Classification: CPC 7221, CPC 7222, CPC 7223, CPC 7224, part of CPC 745 Type of Reservation: National treatment Senor management and boards of directors Market access Obligations Level of Government: National Measures: Schifffahrtsgesetz, BGBl. I Nr. 62/1997, §75f Description: Investment, Cross-Border Trade in Services, and International Maritime Transport Services For internal waterways transport, nationality of a Member State of the EEA s required for natural persons in order to set up a shipping company. A majority of the governing board of each enterprise must have EEA nationality. A registered company or permanent establishment in Austria is required. More than 50 per cent of the business shares and the working capital must be held by nationals of a Member State of the EEA.
Sector: Transport Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services Industry Classification: CPC 712 Type of Reservation: National treatment Market access Level of Government: National Measures: Güterbeförderungsgesetz (Goods Transportation Act), BGBl. Nr. 593/1995; § 5 Gelegenheitsverkehrsgesetz (Occasional Traffic Act), BGBl. Nr. 112/1996; § 6 Description: Investment and Cross-Border Trade in Services For passenger and freight transportation, exclusive rights or authorisations may only be granted to nationals of the Member States of the EU and to juridical persons of the EU having their headquarters in the EU.
Sector: Transport Sub-Sector: Pipeline transport Industry Classification: CPC 713 Type of Reservation: Senior management and boards of directors Market access Level of Government: National Measures: Rohrleitungsgesetz (Law on Pipeline Transport), BGBl. Nr. 411/1975, § 5(1) and (2), §§ 5 (1) and (3), 15, 16 Gaswirtschaftsgesetz (Gas Act), BGBl. I Nr. 121/2000, § 14, 15 and 16 Description: Investment and Cross-Border Trade in Services With regard to natural persons, authorisation is only granted to nationals of a Member State of the EEA domiciled in the EEA. Enterprises and partnerships must have their seat in the EEA. The operator of the network must appoint a Managing Director and a Technical Director who is responsible for the technical control of the operation of the network, both of whom must be nationals of a Member State of the EEA. The competent authority may waive the nationality and domiciliation requirements where the operation of the network is considered to be in the public interest. For the transportation of goods other than gas and water the following applies: 1. With regard to natural persons, authorisation is only granted to EEA-nationals who must have a seat in Austria; and 2. Enterprises and partnerships must have their seat in Austria. An Economic Needs Test or interest test is applied. Cross border pipelines must not jeopardise Austria's security interests and its status as a neutral country. Enterprises and partnerships have to appoint a managing director who must be a national of a Member State of the EEA. The competent authority may waive the nationality and seat requirements if the operation of the pipeline is considered to be in the national economic interest.
Sector: Energy Sub-Sector: Transmission and distribution of electricity Industry Classification: ISIC rev 3.1 40, CPC 887 Type of Reservation: National treatment Market access Senior management and boards of directors Level of Government: Regional Measures: Steiermärkisches Elektrizitätswirtschafts- und Organisationsgesetz (ElWOG), LGBl. Nr. 70/2005; Kärntner Elektrizitätswirtschafts-und Organisationsgesetz (ElWOG), LGBl. Nr. 24/2006 Description: Investment and Cross-Border Trade in Services With regard to natural persons, authorisation is only granted to nationals of a Member State of the EEA domiciled in the EEA. If the operator appoints a managing director or a leaseholder, the domicile requirement is waived. Juridical persons (enterprises) and partnerships must have their seat in the EEA. They must appoint a managing director or a leaseholder, both of whom must be nationals of a Member State of the EEA domiciled in the EEA. The competent authority may waive the domicile and nationality requirements where the operation of the network is considered to be in the public interest.
Reservations applicable in Belgium
For the purposes of the reservations of Belgium, the national level of government covers the federal government and the governments of the Regions and the Communities as each of them holds equipollent legislative powers.
Sector: Mining and quarrying Sub-Sector: Other mining and quarrying Industry Classification: ISIC rev 3.1 14 Type of Reservation: National treatment Market access Level of Government: National (Federal State) Measures: Arrêt Royal du 1er septembre 2004 relatif aux conditions, à la délimitation géographique et à la procédure d'octroi des concessions d'exploration et d'exploitation des ressources minérales et autres ressources non vivantes de la mer territoriale et du plateau continental Description: Investment The exploration for and exploitation of mineral resources and other non-living resources in territorial waters and the continental shelf are subject to concession. The concessionaire must be domiciled in Belgium.
Sector: Business services Sub-Sector: Legal services Industry Classification: Part of CPC 861 Type of Reservation: National treatment Market access Level of Government: National (Federal State) Measures: Belgian Judicial Code (Articles 428-508); Royal Decree of 24 August 1970 Description: Investment and Cross-Border Trade in Services Full admission to the Bar is required for the practice of legal services in respect of Belgian law, including representation before courts. Residency (commercial presence) is required in order to obtain full admission to the Bar. The residency requirement for a foreign lawyer to obtain full admission to the Bar is at least six years from the date of application for registration, three years under certain conditions. Required to have a certificate issued by the Belgian Minister of Foreign Affairs under which the national law or international convention allows reciprocity (reciprocity condition). Representation before the ‘Cour de Cassation’ is subject to quota.
Sector: Business services Sub-Sector: Auditing services Industry Classification: CPC 86211, CPC 86212 other than accounting services Type of Reservation: National treatment Market access Level of Government: National (Federal State) Measures: Law of July 22nd, 1953 creating an Institute of the Auditors of Firms and organising the public supervision of the occupation of auditor of firms, coordinated on April 30th, 2007 Description: Cross-Border Trade in Services To be qualified to act in an official capacity as a ‘firm's auditor’, it is required to maintain an establishment in Belgium where the professional activity will take place and where acts, documents and correspondence relating to it will be maintained, and to have at least one administrator or manager of the company being firm's auditor and responsible for the management of an establishment in Belgium.
Sector: Business services Sub-Sector: Architectural services Urban planning and landscape architectural services Industry Classification: CPC 8671,CPC 8674 Type of Reservation: National treatment Level of Government: National (Federal State) Measures: Law of February 20, 1939 on the protection of the title of the architect's profession Law of 26th June 1963, which creates the Order of Architects Regulations of December 16th, 1983 of ethics established by national Council in the Order of Architects (Approved by art. 1st of A.R. of April 18th, 1985, M.B., May 8th, 1985). Description: Cross-Border Trade in Services The provision of architectural services in Belgium requires control over the execution of jobs. Foreign architects authorised in their host countries and wishing to practice their profession on an occasional basis in Belgium are required to obtain prior authorisation from the Council of Order in the geographical area where they intend to practice their activity.
Sector: Business services Sub-Sector: Placement services of personnel Industry Classification: CPC 87202 Type of Reservation: National treatment Market access Level of Government: National (Regions) Measures: Flemish Region: Besluit van de Vlaamse Regering van 10 december 2010 tot uitvoering van het decreet betreffende de private arbeidsbemiddeling Walloon Region: Décret du 3 avril 2009 relatif à l'enregistrement ou à l'agrément des agences de placement (Decree of 3 April 2009 on registration of placement agencies), art. 7; Arrêté du Gouvernement wallon du 10 décembre 2009 portant exécution du décret du 3 avril 2009 relatif à l'enregistrement ou à l'agrément des agences de placement (Decision of the Walloon Government of 10 December 2009 implementing the Decree of 3 April 2009 on registration of placement agencies), art. 4 German-speaking Community: Dekret über die Zulassung der Leiharbeitsvermittler und die Überwachung der privaten Arbeitsvermittler/Décret du 11 mai 2009 relatif à l'agrément des agences de travail intérimaire et à la surveillance des agences de placement privées, art. 6 Description: Investment and Cross-Border Trade in Services Flemish Region: A company having its head office outside the EEA has to prove that it supplies placement services in its country of origin. Walloon Region: A specific type of legal entity (régulièrement constituée sous la forme d'une personne morale ayant une forme commerciale, soit au sens du droit belge, soit en vertu du droit d'un Etat membre ou régie par celui-ci, quelle que soit sa forme juridique) is required to supply placement services. A company having its head office outside the EEA has to demonstrate that it fulfils the conditions as set out in the Decree (for instance on the type of legal entity) and has to prove that it supplies placement services in its country of origin. German-speaking Community: A company having its head office outside the EEA has to prove that it supplies placement services in its country of origin and has to fulfill the admission criteria established by the mentioned decree.
Sector: Fishing, transport Sub-Sector: All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing Transport services (passengers and freight) by seagoing vessels Pilotage and berthing services Vessel salvage and refloating services Other supporting services for water transport Construction for waterways, harbours, dams and other water works Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882 Type of Reservation: National treatment Market access Obligations Level of Government: National (Federal State) Measures: La Loi du 21 décembre 1990 relative à l'enregistrement des navires, telle que modifiée par la loi du 3 mai 1999 L'Arrêté royal du 4 avril 1996 relatif à l'enregistrement des navires et l'entrée en vigueur de la loi du 21 décembre 1990 relative à l'enregistrement des navires, tel que modifié Description: Investment and International Maritime Transport Services According to the Belgian ship registration law and decree provisions, the owner or operator of a ship must be: (a) an individual who is national of a Member State of the EU; (b) an individual who is domiciled or resident in Belgium; or (c) a legal person/body corporate/having its real place of business in one of the Member States of the EU, in order to be eligible to register a ship on the national register. Foreign investors must have their principal office in Belgium in order to register a vessel on the national shipping register. The ships have to be operated from Belgium, meaning that the operating owner or the operator (if different from the owner) must have a Belgian company number. A foreign owned vessel may be registered at the request of a Belgian operator, subject to the consent of the owner and of the Belgian authorities (Directorate General Maritime Transport in Brussels ). A foreign-owned vessel may also be registered on the bareboat charter register (second Belgian register), subject to the consent of the authorities of the primary register, of the owner and of the relevant Belgian authorities.
Sector: Transport Sub-Sector: Supporting services for air transport Rental of aircraft Industry Classification: CPC 83104 Type of Reservation: National treatment Level of Government: National (Federal State) Measures: Arrêté Royal du 15 mars 1954 réglementant la navigation aérienne Description: Investment and Cross-Border Trade in Services Private (civil) aircraft belonging to natural persons who are not nationals of a Member State of the EU or of the EEA may only be registered if they are domiciled or resident in Belgium without interruption for at least one year. Private (civil) aircraft belonging to foreign legal entities not formed in accordance with the law of a Member State of the EU or of the EEA may only be registered if they have a seat of operations, agency or office in Belgium without interruption for at least one year.
Sector: Transport Sub-Sector: Air transport services Industry Classification: CPC 73 Type of Reservation: National treatment Level of Government: National (Federal State) Measures: Arrêté ministériel du 3 août 1994 fixant les conditions de délivrance des licences d'exploitation aux transporteurs aériens Description: Investment A licence is required to provide air transport services. To obtain the licence, the air carrier must have at its disposal, owned or under any type of lease, at least one aircraft registered in his name on the Belgian register.
Sector: Transport Sub-Sector: Supporting services for air transport Industry Classification: CPC 7461, CPC 7469, CPC 83104 Type of Reservation: National treatment Market access Most-favoured-nation treatment Level of Government: National (Federal State and Regions) Measures: Arrêté Royal du 6 novembre 2010 réglementant l'accès au marché de l'assistance en escale à l'aéroport de Bruxelles-National (art. 18) Besluit van de Vlaamse Regering betreffende de toegang tot de grondafhandelingsmarkt op de Vlaamse regionale luchthavens (art. 14) Arrêté du Gouvernement wallon réglementant l'accès au marché de l'assistance en escale aux aéroports relevant de la Région wallonne (art.14) Description: Investment and Cross-Border Trade in Services For groundhandling services, reciprocity is required.
Reservations applicable in Bulgaria
Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Level of Government: National Measures: Commercial Law, art. 17a Law for Encouragement of Investments, art. 24 Description: Investment Foreign legal persons, unless established under the legislation of a Member State of the EU or the EEA, may conduct business and pursue activities if established in the Republic of Bulgaria in the form of a company registered in the Commercial Register. Establishment of branches is subject to authorisation. Representative offices of foreign enterprises are to be registered with Bulgarian Chamber of Commerce and Industry and may not engage in economic activity but are only entitled to advertise their owner and act as representatives or agents.
Sector: Mining and quarrying Sub-Sector: All sectors other than mining of uranium and thorium ore Industry Classification: ISIC rev 3.1 10, ISIC rev 3.1 11, ISIC rev 3.112, ISIC rev 3.1 13, ISIC rev 3.1 14 Type of Reservation: Market access National treatment Level of Government: Measures: Underground Natural Resources Act Concessions Act Privatisation and Post-Privatisation Control Act Description: Investment Certain economic activities related to the exploitation or use of State or public property are subject to concessions granted under the provisions of the Concessions Act or other special concessions laws. The activities of prospecting or exploration of underground natural resources on the territory of the Republic of Bulgaria, in the continental shelf and in the exclusive economical zone in the Black Sea are subject to permission, while the activities of extraction and exploitation are subject to concession granted under the Underground Natural Resources Act. It is forbidden for companies registered in preferential tax treatment jurisdictions (that is, off-shore zones) or related, directly or indirectly, to such companies to participate in open procedures for granting permits or concessions for prospecting, exploration or extraction of natural resources, including uranium and thorium ores, as well as to operate an existing permit or concession which has been granted, as such operations are precluded, including the possibility to register the geological or commercial discovery of a deposit as a result of exploration. Commercial corporations in which the Member State or a municipality holds a share in the capital exceeding 50 per cent, cannot effect any transactions for disposition of fixed assets of the corporation, to conclude any contracts for acquisition of participating interest, lease, joint activity, credit, securing of receivables, as well as incurring any obligations arising under bills of exchange, unless permitted by the Privatisation Agency or the municipal council, whichever is the competent authority. Without prejudice to Article 8.4, paragraphs 1 and 2, according to Decision of the National Assembly of the Republic of Bulgaria of 18 Jan 2012, any usage of hydraulic fracturing technology that is, fracking, for activities of prospecting, exploration or extraction of oil and gas, is forbidden by Decision of the Parliament. Exploration and extraction of shale gas is forbidden.
Sector: Mining and quarrying Sub-Sector: Mining of uranium and thorium ores Industry Classification: ISIC rev 3.1 12 Type of Reservation: Market access National treatment Level of Government: National Measures: Safe Use of Nuclear Energy Act, Act on Economic and Financial Relations with Companies Registered in Preferential Tax Treatment Jurisdictions, Such Companies' Related Parties and Their Beneficial Owners, Subsurface Resources Act Description: Investment The mining of uranium ore is forbidden by Decree of the Council of Ministers No. 163 of 20.8.1992. With regard to mining of thorium ore, the general regime of concessions for mining applies. In order to participate in concessions for mining of thorium ore, a Canadian company must be established according to the Bulgarian Commercial Act and to be registered in the Commercial Registry. Decisions to allow the mining of thorium ore are taken on a non-discriminatory individual case-by-case basis. The prohibition against companies registered in preferential tax treatment jurisdictions (that is, off-shore zones) or related, directly or indirectly, to such companies, from participating in open procedures for concessions for mining of natural resources includes uranium and thorium ores.
Sector: Business services Sub-Sector: Legal services Industry Classification: Part of CPC 861 Type of Reservation: National treatment Market access Most-favoured-nation treatment Level of Government: National Measures: Attorney Law Law for Mediation Law for the Notaries and Notarial Activity Description: Investment and Cross-Border Trade in Services Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts. To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis. In so far as Canada and its territories and provinces allow Bulgarian lawyers to represent Bulgarian nationals under domestic law, Bulgaria will allow Canadian lawyers to represent a national of Canada under domestic law under the same conditions and in cooperation with a Bulgarian lawyer. For this purpose, foreign lawyers must be admitted to act as an attorney by a decision of the Supreme Bar Council and registered in the Unified register of foreign lawyers. Enterprises must be registered in Bulgaria as a lawyer partnership (‘advokatsko sadrujie’) or a law firm (‘advokatsko drujestvo’). The name of the law firm may only include the names of the partners, so a foreign firm would not be able to use its name unless the named partners were registered in Bulgaria as well. Full admission to the Bar is allowed only for nationals of a Member State of the EU or for foreign nationals, who are qualified lawyers and have obtained their diploma providing the capacity to practice in a Member State of the EU. For procedural representation they shall be accompanied by a Bulgarian lawyer. For legal mediation services, permanent residence is required.
Sector: Business services Sub-Sector: Auditing services Industry Classification: CPC 86211, CPC 86212 other than accounting services Type of Reservation: National treatment Market access Level of Government: National Measures: Independent Financial Audit Act Description: Investment ‘Specialised audit entity’ is a company registered under the Bulgarian Commerce Act, or under the legislation of another Member State of the EU, or the European Economic Area Agreement, with its principal subject of activity being the independent financial audit of financial statements of enterprises, and three-quarters of its members being registered auditors, auditors or audit entities from a Member State of the EU, of good repute, and which is: (a) a general partnership in which more than half of the partners are registered auditors, auditors or audit entities from other Member State of the EU; (b) a limited partnership in which more than half of the partners with unlimited liability are registered auditors, auditors or audit entities from other Member States of the EU; or (c) a limited liability company in which more than half of the votes in the General Meeting of the partners and of the capital belong to registered auditors, auditors or audit entities from other Member States of the EU.
Sector: Business services Sub-Sector: Taxation advisory services Industry Classification: CPC 863 Type of Reservation: National treatment Market access Level of Government: National Measures: Accountancy Act Independent Financial Audit Act Income Taxes on Natural Persons Act Corporate Income Tax Act Description: Cross-Border Trade in Services Nationality of a Member State of the EU is required for tax advisors.
Sector: Business services Sub-Sector: Architectural services Urban planning and landscape architectural services Engineering services Integrated engineering services Industry Classification: CPC 8671, CPC 8672, CPC 8673, 8674 Type of Reservation: National treatment Market access Level of Government: National Measures: Spatial Development Act, art. 230 Description: Investment and Cross-Border Trade in Services For projects of national or regional significance, Canadian investors must act in partnership with or, as subcontractors to, local investors. Foreign specialists must have experience of at least two years in the field of construction, which is not a requirement for national specialists. A Bulgarian nationality condition applies to urban planning and landscape architectural services.
Sector: Business services Sub-Sector: Related scientific and technical consulting services Industry Classification: CPC 8675 Type of Reservation: National treatment Market access Level of Government: National Measures: Cadastre and Property Register Act Geodesy and Cartography Act Description: Investment and Cross-Border Trade in Services A professionally competent body is the person (physical or juridical) that may execute functions pertinent to cadastral surveying, geodesy and cartography. Establishment is required, as well as Bulgarian nationality for the natural person carrying out activities for geodesy, cadastral surveying, and in cartography when studying movements of the earth crust.
Sector: Business services Sub-Sector: Translation and interpretation services Industry Classification: CPC 87905 Type of Reservation: Market access Level of Government: National Measures: Regulation for the legalisation, certification and translation of documents Description: Investment and Cross-Border Trade in Services A contract with the Ministry of Foreign Affairs is required for official translations provided by translation agencies.
Sector: Business services Sub-Sector: Technical testing and analyses Industry Classification: CPC 8676 Type of Reservation: National treatment Market access Level of Government: National Measures: Technical Requirements towards Products Act Measurement Act National Accreditation of Compliance Conformity Authorities Act Clean Ambient Air Act Water Act, Ordinance N-32 for the periodical inspection for proof of technical condition of road transport vehicles Description: Cross-Border Trade in Services In order to provide testing and analyses services, a national of Canada must be established in Bulgaria according to the Bulgarian Commercial Act and be registered on the Commercial register. For the periodical inspection for proof of technical condition of road transport vehicles, the person shall be registered in accordance with the Bulgarian Commercial Act or the Non-profit Legal Persons Act, or else be registered in another Member State of the EU or country from the EEA. The testing and analysis of the composition and purity of air and water may be conducted only by the Ministry of Environment and Water of Bulgaria, or its agencies in co-operation with the Bulgarian Academy of Sciences.
Sector: Distribution Sub-Sector: Commission agents' services Wholesale and retail trade services Industry Classification: Part of CPC 621, CPC 62228, CPC 62251, CPC 62271, part of CPC 62272, CPC 62276, CPC 63108, part of CPC 6329 Type of Reservation: National treatment Market access Level of Government: National Measures: Law of Veterinary Activity, arts. 343, 363, 373 Law for Prohibition of the Chemical Weapons and for Control over the Toxic Chemical Substances and Their Precursors, art. 6 Law on Control of Exports of Weapons and Dual-Use Items and Technology, art. 46 Law for the Tobacco and Tobacco Products, arts. 21, 27, 30 Description: Investment and Cross-Border Trade in Services Distribution (wholesale and retail) of petroleum and petroleum products, gas, precious metals, tobacco, and tobacco products, is subject to authorisation and may be performed only after registration under the Commercial Register. Authorisation may only be given to nationals of a Member State of the EEA or foreign citizens with permanent residence in BG. Department stores may be subject to an Economic Needs Test, depending on the rules of the local municipality.
Sector: Distribution Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods Industry Classification: CPC 63211 Type of Reservation: National treatment Market access Level of Government: National Measures: Law on Medicinal Products in Human Medicine, arts. 146, 161, 195, 222, 228 Description: Investment and Cross-Border Trade in Services The mail order of pharmaceuticals is prohibited. The retail of pharmaceuticals and specific medical goods to the public may only be carried out through a pharmacy. Managers of pharmacies must be qualified pharmacists and may only manage one pharmacy in which they themselves work. Requirement for permanent residence for pharmacists. A quota exists for the number of pharmacies which may be owned per person.
Sector: Education services Sub-Sector: Primary and secondary education services Industry Classification: CPC 921, CPC 922 Type of Reservation: National treatment Market access Level of Government: National Measures: Public Education Act, art. 12 Law for the Higher Education, paragraph 4 of the additional provisions Description: Investment This reservation applies to the provision of privately funded primary and secondary education services, which may only be supplied by authorised Bulgarian enterprises (commercial presence is required). Bulgarian kindergartens and schools having foreign participation may be established or transformed at the request of associations, or corporations, or enterprises of Bulgarian and foreign natural or legal entities, duly registered in Bulgaria, by decision of the Council of Ministers on a motion by the Minister of Education, Youth and Science. Foreign owned kindergartens and schools may be established or transformed at the request of foreign legal entities in accordance with international agreements and conventions and under the provisions above. Foreign high schools cannot establish subsidiaries in the territory of Bulgaria. Foreign high schools may open faculties, departments, institutes and colleges in Bulgaria only within the structure of Bulgarian high schools and in cooperation with them.
Sector: Financial services Sub-Sector: Insurance and insurance-related services Industry Classification: Type of Reservation: National treatment Market access Level of Government: National Measures: Insurance Code, arts. 8, 41, 47b Description: Financial Services Before establishing a branch or agency in Bulgaria to provide insurance, a foreign insurer or re-insurer must have been authorised to operate in the same classes of insurance as those it wishes to provide in Bulgaria in its country of origin. Local incorporation (no branches) is required for insurance intermediaries. Residency requirement for the members of managing and supervisory body of (re)insurance undertakings and every person authorised to manage or represent the (re)insurance undertaking.
Sector: Financial services Sub-Sector: Banking and other financial services (excluding insurance) Industry Classification: Type of Reservation: National treatment Market access Level of Government: National Measures: Law of Credit Institutions, art. 2, 17 Code Of Social Insurance, art. 121e Currency Law, art. 3 Description: Financial Services A bank shall be established as a joint-stock company. The bank shall be managed and represented jointly by at least two persons, at least one of whom shall be proficient in the Bulgarian language. The persons who manage and represent the bank shall manage the bank by being personally present at its management address. In order to perform public attraction of deposits or other renewable resources as well as other services, a bank headquartered in a non-Member State of the EU is required to obtain a license from Bulgarian National Bank for taking up and pursuing of business activities in Bulgaria through a branch. The financial institution shall be established as a shareholding company, a limited liability company or a commandite company with shares and the place of its main business shall be in the territory of Bulgaria. Only financial institutions registered in Bulgaria and foreign financial institutions with a seat in a Member State of the EU may carry out activity on the territory of Bulgaria. Pension insurance shall be carried out as a joint-stock company licensed in accordance with the Code of Social Insurance and registered under the Commerce Act or under the legislation of another Member State of the EU (no branches). The promoters and shareholders of pension insurance companies may be non-resident legal persons, registered as a social insurance, commercial insurance or other financial institution under the national law thereof, if they present bank references from a first-class foreign bank confirmed by the Bulgarian National Bank. Non-resident individuals cannot be promoters and shareholders of pension insurance companies. The income of the supplementary voluntary pension funds; as well as similar income directly connected with voluntary pension insurance carried out by persons who are registered under the legislation of another Member State of the EU and who may, in compliance with the legislation concerned, perform voluntary pension insurance operations, shall not be taxable according to the procedure established by the Corporate Income Tax Act. The Chairperson of the Management Board, the Chairperson of the Board of Directors, the Executive Director and the Managerial Agent must have a permanent address or hold a durable residence permit in Bulgaria.
Sector: Tourism and travel related services Sub-Sector: Hotel, restaurants and catering Travel agencies and tour operators services Tourist guides services Industry Classification: CPC 641, CPC 642, CPC 643, CPC 7471, CPC 7472 Type of Reservation: National treatment Senior management and boards of directors Market access Level of Government: National Measures: Law For Tourism, arts. 17, 45 Description: Investment and Cross-Border Trade in Services Incorporation (no branches) is required. Tour operation or travel agency services may be provided by a person established in a Member State of the EU or in a Member State of the EEA if, upon establishment in the territory of Bulgaria, the said person presents a copy of a document certifying the right thereof to practise such activity and a certificate or another document issued by a credit institution or an insurer containing data of the existence of insurance covering the liability of the said person for damage which may ensue as a result of a culpable non-fulfilment of professional duties. The number of foreign managers may not exceed the number of managers who are Bulgarian nationals, in cases where the public (state or municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent. Nationality condition for tourist guides.
Sector: Fishing Transport Sub-Sector: All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing Transport services (passengers and freight) by seagoing vessels Pilotage and berthing services Vessel salvage and refloating services Other supporting services for water transport Construction for waterways, harbours, dams and other water works Industry Classification: ISIC rev 3.1: 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5233, CPC 721,CPC 74520, CPC 74540, CPC 74590, CPC 882 Type of Reservation: National treatment Market access Level of Government: National Measures: Merchant Shipping Code, arts. 6, 27, 28 Law For the Sea Water, Inland Waterways and Ports of the Republic of Bulgaria, arts. 116, 116a, 117, 117a Ordinance No.17/22.1.2013 for carrying goods by inland waterways Description: Investment and Cross-Border Trade in Services A seagoing ship is entitled to fly the Bulgarian flag if: (a) it is owned by the State; (b) it is owned by a Bulgarian natural person or legal entity; (c) more than half of the ownership is by Bulgarian natural persons or legal entities; or (d) it is owned by a natural person or legal entity of a Member State of the EU, provided that, for the performance of the technical, administrative and other requirements of Bulgarian legislation in relation to seagoing ships, Bulgarian natural persons or legal entities or natural persons or legal entities from a Member State of the EU resident in Bulgaria have been authorised by the ship owner and are responsible to perform these tasks on their behalf. Regarding supporting services for public transport carried out in Bulgarian ports, in ports having national significance, the right to perform supporting activities is granted through a concession contract. In ports having regional significance, this right is granted by a contract with the owner of the port.
Sector: Fishing Transport Sub-Sector: All commercial marine activity undertaken from a ship, including fishing, aquaculture, and services incidental to fishing Transport services (passengers and freight) by seagoing vessels Transport services (passengers and freight) by non-seagoing vessels Pilotage and berthing services Vessel salvage and refloating services Other supporting services for water transport Construction for waterways, harbours, dams and other water works Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.10502, CPC 5133, CPC 5223, CPC 721, CPC 722, CPC 74520, CPC 74540, CPC 74590, CPC 882 Type of Reservation: National treatment Market access Senior management and boards of directors Obligations Level of Government: National Measures: Merchant Shipping Code Law For The Sea Waters, The Internal Water Ways And The Ports Of The Republic Of Bulgaria Ordinance for the condition and order for selection of Bulgarian carriers for carriage of passengers and cargoes under international treaties Ordinance 3 for servicing of unmanned vessels Description: Investment, Cross-Border Trade in Services and International Maritime Transport Services The carriage and any activities related to hydraulic-engineering and underwater technical works, prospecting and extraction of mineral and other inorganic resources, pilotage, bunkering, receipt of waste, water-and-oil mixtures and other such, performed by vessels in the internal waters, the territorial sea and on the inland waterways of the Bulgaria, may only be performed by vessels flying the Bulgarian flag or vessels flying the flag of another Member State of the EU. Services provided to unmanned vessels in Bulgarian ports and warehouses on the Danube river are provided only through Bulgarian enterprises (incorporation is required). The number of the service suppliers at the ports may be limited depending on the objective capacity of the port, which is decided by an expert commission, set up by the Minister of Transport, Information Technology and Communications. Nationality condition for supporting services. The master and the chief engineer of the vessel shall mandatorily be nationals of a Member State of the EU or the EEA, or of the Swiss Confederation. Not less than 25 per cent of the positions at management and operational level and not less than 25 per cent of the positions at order-taking level shall be occupied by nationals of Bulgaria.
Sector: Transport Sub-Sector: Rail transport Supporting services for rail transport Industry Classification: CPC 711 Type of Reservation: National treatment Market access Level of Government: National Measures: Law for Railway Transport, arts. 37, 48 Description: Investment and Cross-Border Trade in Services Only nationals of a Member State of the EU may provide rail transport or supporting services for rail transport in Bulgaria. A licence to carry out passenger or freight transportation by rail is issued by the Minister of Transport to railway operators registered as traders.
Reservations applicable in Croatia
Sector: All sectors Sub-Sector: Acquisition of real estate Industry Classification: Type of Reservation: National treatment Market access Level of Government: National Measures: Law on Possession and other Material Rights (OG 91/96, 68/98, 137/99, 22/00, 73/00, 114/01, 79/06, 141/06, 146/08, 38/09 i 153/09) Agricultural Land Act (OG 152/08, 25/09, 153/09, 21/10, 31/11 and 63/11), art. 2 Description: Investment Foreign companies are only allowed to acquire real estate for the supply of services if they are established and incorporated in Croatia as legal persons. Acquisition of real estate necessary for the supply of services by branches requires the approval of the Ministry of Justice. Agricultural land cannot be acquired by foreigners.
Sector: Business services Sub-Sector: Legal services Industry Classification: CPC 861 Type of Reservation: National treatment Level of Government: National Measures: Legal Profession Act, (OG 9/94, 51/01, 117/08, 75/09, 18/11) Description: Investment and Cross-Border Trade in Services Representation of parties before courts can be practised only by the members of the Croatian Bar Association (Croatian title ‘odvjetnici’). Citizenship requirement for membership in the Bar Council. In proceedings involving international elements, parties may be represented before arbitration courts — ad hoc courts only by lawyers who are members of the bar associations of other countries. Full admission to the Bar, required for legal representation services, is subject to a nationality requirement (nationality of a Member State of the EU).
Sector: Business services Sub-Sector: Accounting, auditing and bookkeeping services Industry Classification: CPC 862 Type of Reservation: National treatment Market access Level of Government: National Measures: Audit Act (OG 146/05, 139/08, 144/12), Art. 3 Description: Investment and Cross-Border Trade in Services Foreign audit firms may provide audit services on the Croatian territory where they have established a branch. Auditing may be performed only by legal persons established in Croatia, or by natural persons resident in Croatia.
Sector: Business services Sub-Sector: Architectural services and engineering services Industry Classification: CPC 8671, CPC 8672, CPC 8673, CPC 8674 Type of Reservation: National treatment Market access Level of Government: National Measures: Act on Architectural and Engineering Activities in Physical Planning and Building (OG 152/08, 49/11, 25/13) Description: Cross-Border Trade in Services A design or project created by a foreign architect or engineer must be validated by an authorised natural or legal person in Croatia with regard to its compliance with Croatian Law.
Sector: Business services Sub-Sector: Veterinary services Industry Classification: CPC 932 Type of Reservation: National treatment Market access Level of Government: National Measures: Veterinary Act (OG 41/07, 55/11), Arts. 89, 106 Description: Investment and Cross-Border Trade in Services Only legal and natural persons established for the purpose of conducting veterinary activities in a Member State of the EU can provide cross border veterinary services in the Croatia (Veterinary Act; OG 41/07, 55/11, Article 89). Only nationals of a Member State of the EU can establish a veterinary practice in the Croatia (Veterinary Act, OG 41/07; 55/11, Article 106).
Sector: Distribution Sub-Sector: Retail sale of pharmaceuticals and retail sales of medical and orthopaedic goods Industry Classification: CPC 63211 Type of Reservation: Market access Level of Government: National Measures: Health Care Act (OG 150/08, 71/10, 139/10, 22/11, 84/11, 12/12, 70/12, 144/12) Description: Investment Authorisation is subject to an economic needs test. Main criteria: population and geographical density of existing pharmacies.
Sector: Business services Sub-Sector: Real estate services Industry Classification: CPC 821, CPC 822 Type of Reservation: Market access Level of Government: National Measures: Real Estate Brokerage Act (OG 107/07 and 144/12), Art. 2 Description: Cross-Border Trade in Services Commercial presence is required to provide real estate services.
Sector: Business services Sub-Sector: Related scientific and technical consulting services Industry Classification: CPC 8675 Type of Reservation: Market access Level of Government: National Measures: Ordinance on requirements for issuing approvals to legal persons for performing professional environmental protection activities (OG No. 57/10), Arts. 32-35 Description: Cross-Border Trade in Services Services of basic geological, geodetic and mining consulting as well as related environmental protection consulting services in the territory of Croatia can be carried out only jointly with or through domestic legal persons.
Sector: Health services and social services Sub-Sector: Hospital services Ambulance services Residential health facilities other than hospital services Industry Classification: CPC 9311, CPC 93192, CPC 93193, CPC 933 Type of Reservation: Market access Level of Government: National Measures: Health Care Act (OG 150/08, 71/10, 139/10, 22/11, 84/11, 12/12, 70/12, 144/12) Description: Investment Establishment of some privately funded social care facilities may be subject to needs based limits in particular geographical areas.
Sector: Tourism and travel related services Sub-Sector: Hotels and restaurants Travel agencies and tour operators services (including tour managers) Tourist guide services Industry Classification: CPC 641, CPC 642, CPC 643, CPC 7471, CPC 7472 Type of Reservation: National treatment Market access Level of Government: National Measures: Hospitality and Catering Industry Act (OG 138/06, 152/08, 43/09, 88/10 i 50/12) Act on Provision of Tourism Services (OG No. 68/07 and 88/10) Description: Investment and Cross-Border Trade in Services Nationality requirement for hospitality and catering services in households and rural homesteads.
Sector: Fishing, transport Sub-Sector: All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing Transport services (passengers and freight) by seagoing vessels Pilotage and berthing services Vessel salvage and refloating services Other supporting services for water transport Construction for waterways, harbours, dams and other water works Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882 Type of Reservation: National treatment Market access Obligations Level of Government: National Measures: Maritime Act (Pomorski zakonik), Art. 187 Description: Investment, Cross-Border Trade in Services, and International Maritime Transport Services A seagoing vessel owned by a natural or legal person having residency or a seat outside the EU may be registered in the Croatian national register and fly the Croatian flag if the shipper/company seeking to register the vessel has commercial presence in Croatia.
Sector: Transport Sub-Sector: Maritime transport services: towing and pushing services Supporting services for maritime transport Services auxiliary to all modes of supply Cargo handling services Storage and warehousing services Freight transport agency services Other supporting and auxiliary transport services Industry Classification: CPC 7214, CPC 741, CPC 742, 745, CPC 741, CPC 742, CPC 748, CPC 749 Type of Reservation: National treatment Market access Level of Government: National Measures: Act on Maritime Demesne and Sea Ports, OG 158/03, 100/04, 141/06 i 38/09 (Zakon o pomorskom dobru i morskim lukama). (NN 158/03, 100/04, 141/06 i 38/09) Description: Investment Foreign legal persons must establish a company in Croatia and must be granted a concession by the port authority following a public tendering procedure.
Reservations applicable in Cyprus
Sector: All sectors Sub-Sector: Acquisition of real estate Industry Classification: Type of Reservation: National treatment Market access Level of Government: National Measures: The Immovable Property Acquisition (Aliens) Law (Chapter 109), as amended by laws number 52 of 1969, 55 of 1972, 50 of 1990 and 54(I) of 2003 Description: Investment Cypriots or persons of Cypriot origin, as well as nationals of a Member State of the EU, are allowed to acquire any property in Cyprus without restrictions. No foreigner may acquire, otherwise than mortis causa, any immovable property without obtaining a permit from the Council of Ministers. For foreigners, where the acquisition of immovable property exceeds the extent necessary for the erection of a premises for a house or professional roof, or otherwise exceeds the extent of two donums (2676 sq.), any permit granted by the Council of Ministers shall be subject to such terms, limitations, conditions and criteria which are set by Regulations made by the Council of Ministers and approved by the House of Representatives. A foreigner is any person who is not a citizen of the Republic of Cyprus, including a foreign controlled company. The term does not include foreigners of Cypriot origin or non-Cypriot spouses of citizens of the Republic of Cyprus.