Reservation II-PT-8 Sector: Fisheries Sub-Sector: Fishing Services incidental to fishing Industry Classification: CPC 04, 62224, 882 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. British Columbia reserves the right to adopt or maintain a measure relating to the production, processing, and collective marketing of aquaculture, marine, or other fish products that: (a) limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; (b) limits the total value of transactions or assets in the form of a numerical quota or the requirement of an economic needs test; (c) limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of a quota or the requirement of an economic needs test; (d) limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or (e) restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of British Columbia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-9 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: Market access Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services 1. British Columbia reserves the right to adopt or maintain a measure relating to the conduct and administration of any gambling in the Province including lottery schemes, games of chance or games combining chance and skill, as well as directly related businesses, that: (a) limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; (b) limits the total value of transactions or assets in the form of a numerical quota or the requirement of an economic needs test; (c) limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of a quota or the requirement of an economic needs test; (d) limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or (e) restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of British Columbia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-10 Sector: Alcoholic beverages Sub-Sector: Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. British Columbia reserves the right to adopt or maintain a measure relating to the importation, marketing, licensing, sale and distribution of alcoholic beverages in the Province that: (a) limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; (b) limits the total value of transactions or assets in the form of a numerical quota or the requirement of an economic needs test; (c) limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of a quota or the requirement of an economic needs test; (d) limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or (e) restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of British Columbia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservations applicable in Manitoba
Reservation II-PT-11 Sector: Fisheries Sub-Sector: Fish and other fishing products Wholesale trade services of fisheries products Services incidental to fishing Industry Classification: CPC 04, 62224, 882 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Manitoba reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Manitoba to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-12 Sector: Transport Sub-Sector: Transport services via pipeline Industry Classification: CPC 713 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Manitoba reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Manitoba to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-13 Sector: Alcoholic Beverages Sub-Sector: Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Manitoba reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Manitoba to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-14 Sector: Energy Sub-Sector: Crude petroleum and natural gas Electrical energy Services incidental to energy distribution Industry Classification: CPC 120, 171, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Manitoba reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Manitoba to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-15 Sector: Forestry Sub-Sector: Forestry and logging products Forest resource processing Services incidental to agriculture, hunting and forestry Manufacture of paper and paper products, on a fee or contract basis Industry Classification: CPC 031, 321, 881 (other than rental of agricultural equipment with operator and 8814) 88430, 88441 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Manitoba reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Manitoba to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-16 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: Market access Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services 1. Manitoba reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Manitoba to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservations applicable in New Brunswick
Reservation II-PT-17 Sector: Energy Sub-Sector: Electrical energy Services incidental to energy distribution Industry Classification: CPC 17, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. New Brunswick reserves the right to adopt or maintain a measure limiting market access in the transfer of hydraulic power vested in the domain of the Province, the production, transport, distribution and exportation of electricity, and the maintenance of electrical facilities, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of New Brunswick to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-18 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: Market access Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services 1. New Brunswick reserves the right to adopt or maintain monopolies in the sub-sectors noted above. 2. This reservation is without prejudice to the right of New Brunswick to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures Gaming Control Act, S.N.B. 2008, c. G-1.5
Reservation II-PT-19 Sector: Alcoholic beverages Sub-Sector: Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor, wine and beer stores) Manufacturing of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. New Brunswick reserves the right to adopt or maintain a measure limiting market access in the sub-sectors listed above, with the exception of measures imposing limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of New Brunswick to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures New Brunswick Liquor Corporation Act, S.N.B. 1974, c. N-6.1
Reservations applicable in Newfoundland and Labrador
Reservation II-PT-20 Sector: Forestry Sub-Sector: Forestry and logging products Forest resource processing Services incidental to agriculture, hunting and forestry Manufacture of paper and paper products, on a fee or contract basis Industry Classification: CPC 031, 321, 881 (other than rental of agricultural equipment with operator and 8814), 88430, 88441 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Newfoundland and Labrador reserves the right to adopt or maintain a measure relating to the above sub-sectors, that: (a) limits the number of covered investments or service suppliers, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; or (b) restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-21 Sector: Fishing and hunting Sub-Sector: Edible products of animal origin n.e.c. Raw skins of other animals n.e.c. (fresh or preserved, but not further prepared) Fish and other fishing products Other meat and edible offal, fresh, chilled or frozen (including rabbit meat), excluding frog legs Animal oils and fats, crude and refined Tanned or dressed fur skins Prepared and preserved fish Sales on a fee or contract basis of food products, beverages and tobacco Wholesale trade services of fishery products Industry Classification: CPC 0295, 02974, 04, 21129, 212, 2162, 2831, 62112, 62224, 8813, 882 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Newfoundland and Labrador reserves the right to adopt or maintain a measure relating to the above sub-sectors, that: (a) limits the number of covered investments or service suppliers, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; or (b) restricts or requires the specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-22 Sector: Energy Sub-Sector: Electrical energy Services incidental to energy distribution Industry Classification: CPC 171, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Newfoundland and Labrador reserves the right to adopt or maintain a measure relating to the above sub-sectors, that: (a) limits the number of covered investments or service suppliers, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; or (b) restricts or requires the specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-23 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: Market access Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Service 1. Newfoundland and Labrador reserves the right to adopt or maintain a measure relating to the above sub-sectors, that: (a) limits the number of covered investments or service suppliers, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; or (b) restricts or requires the specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-24 Sector: Transport Sub-Sector: Transportation services via pipeline Industry Classification: CPC 7131 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Newfoundland and Labrador reserves the right to adopt or maintain a measure relating to the above sub-sector, that: (a) limits the number of covered investments or service suppliers, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; or (b) restricts or requires the specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-25 Sector: Energy Sub-Sector: Crude petroleum and natural gas Services incidental to energy distribution Industry Classification: CPC 120, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Newfoundland and Labrador reserves the right to adopt or maintain a measure relating to the above sub-sectors, that: (a) limits the number of covered investments or service suppliers, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; or (b) restricts or requires the specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of Newfoundland and Labrador to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservations applicable in the Northwest Territories
Reservation II-PT-26 Sector: Business services Sub-Sector: Services incidental to animal husbandry Services incidental to hunting Industry Classification: CPC 8812, 8813 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. The Northwest Territories reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of the Northwest Territories to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-27 Sector: Alcoholic Beverages Sub-Sector: Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. The Northwest Territories reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of the Northwest Territories to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-28 Sector: Forestry Sub-Sector: Forestry and logging products Pulp and paperboard Forest resource processing Services incidental to agriculture, hunting and forestry Manufacture of paper and paper products, on a fee or contract basis Industry Classification: CPC 03, 321, 881 (other than rental of agricultural equipment with operator and 8814), 88430, 88441 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. The Northwest Territories reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of the Northwest Territories to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-29 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: Market access Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services 1. The Northwest Territories reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of the Northwest Territories a to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-30 Sector: Energy Sub-Sector: Electrical energy Transportation services via pipeline Services incidental to energy distribution Industry Classification: CPC 171, 713, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. The Northwest Territories reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of the Northwest Territories to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-31 Sector: Crude petroleum and natural gas Sub-Sector: Crude petroleum and natural gas Pipeline transport Services incidental to energy distribution Industry Classification: CPC 120 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. The Northwest Territories reserves the right to adopt or maintain a measure limiting market access in the exploration, production, extraction, and development of crude petroleum or natural gas, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. The Northwest Territories reserves the right to adopt or maintain a measure granting exclusive rights to operate a distribution or transportation system, including, related pipeline and marine distribution and transport services. 3. This reservation is without prejudice to the right of the Northwest Territories to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-32 Sector: Fisheries Sub-Sector: Fish and other fishing products Wholesale trade of fishing products Services incidental to fishing Industry Classification: CPC 04, 62224, 882 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. The Northwest Territories reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of the Northwest Territories a to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-33 Sector: Transport Sub-Sector: Other land transport services Industry Classification: CPC 7121, 71222 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services The Northwest Territories reserves the right to adopt or maintain economic needs tests for the provision of urban and interurban bus transportation services. The main criteria include the examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; and the effect of new entrants on public convenience, including the continuity and quality of service, and the fitness, willingness, and ability of the applicant to provide proper service. Existing Measures
Reservations applicable in Nova Scotia
Reservation II-PT-34 Sector: Forestry Sub-Sector: Forestry and logging products Forest resource processing Services incidental to agriculture, hunting and forestry Manufacture of paper and paper products, on a fee or contract basis Industry Classification: CPC 031, 321, 881 (other than rental of agricultural equipment with operator and 8814), 88430, 88441 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Nova Scotia reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Nova Scotia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-35 Sector: Fisheries and hunting Sub-Sector: Edible products of animal origin n.e.c. Raw skins of other animals n.e.c. (fresh or preserved, but not further prepared) Fish and other fishing products Other meat and edible offal, fresh, chilled or frozen (including rabbit meat), excluding frog legs Animal oils and fats, crude and refined Tanned or dressed fur skins Prepared and preserved fish Sales on a fee or contract basis of food products, beverages and tobacco Wholesale trade services of fishery products Transportation of frozen or refrigerated goods Industry Classification: CPC 0295, 02974, 04, 21129, 212, 2162, 2831, 62112, 62224, part of 71231, 8813, 882 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Nova Scotia reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Nova Scotia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-36 Sector: Energy Sub-Sector: Electrical energy Services incidental to energy distribution Industry Classification: CPC 17, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Nova Scotia reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Nova Scotia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-37 Sector: Energy Sub-Sector: Crude petroleum and natural gas Services incidental to energy distribution Industry Classification: CPC 120, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Nova Scotia reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Nova Scotia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-38 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: Market access Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services 1. Nova Scotia reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Nova Scotia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-39 Sector: Alcoholic beverages Sub-Sector: Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacturing of alcoholic beverages. Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Nova Scotia reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Nova Scotia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-40 Sector: Transport Sub-Sector: Transportation services via pipeline Industry Classification: CPC 713 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Nova Scotia reserves the right to adopt or maintain a measure limiting market access in the sub-sector noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Nova Scotia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservations applicable in Nunavut
Reservation II-PT-41 Sector: Business services Sub-Sector: Services incidental to animal husbandry Services incidental to hunting Industry Classification: CPC 8812, 8813 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Nunavut reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Nunavut to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-42 Sector: Alcoholic beverages Sub-Sector: Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Nunavut reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. Nunavut has the authority under the Liquor Act to import, purchase, produce, distribute, supply, market, and sell alcoholic beverages in Nunavut and to conduct these activities through a territorial monopoly. 3. This reservation is without prejudice to the right of Nunavut to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures Liquor Act, R.S.N.W.T. 1988, c. L-9
Reservation II-PT-43 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: Market access Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services 1. Nunavut reserves the right to adopt or maintain a measure limiting market access in the sub-sector listed above, with the exception of measures imposing limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Nunavut to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-44 Sector: Fisheries Sub-Sector: Fish and other fishing products Wholesale trade of fishing products Services incidental to fishing Industry Classification: CPC 04, 62224, 882 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Nunavut reserves the right to adopt or maintain a measure limiting market access in the sub-sectors listed above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Nunavut to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-45 Sector: Energy Sub-Sector: Electrical energy Electricity distribution or control apparatus Services incidental to energy distribution Industry Classification: CPC 171, 4621, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Nunavut reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. Nunavut maintains a monopoly on the production, generation, development, transmission, distribution, delivery, supply and exportation of electricity and related services under section 5.1 of the Qulliq Energy Corporation Act. 3. This reservation is without prejudice to the right of Nunavut to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures Qulliq Energy Corporation Act, R.S.N.W.T. 1988, c. N-2
Reservation II-PT-46 Sector: Energy Sub-Sector: Crude petroleum and natural gas Transport Services incidental to energy distribution Industry Classification: CPC 120, 713, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Nunavut reserves the right to adopt or maintain a measure limiting market access in the sub-sectors listed above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. Nunavut also reserves the right to adopt or maintain any measure limiting market access related to oil and gas development. 3. This reservation is without prejudice to the right of Nunavut to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-47 Sector: Transport Sub-Sector: Freight transport by sea Industry Classification: CPC 7212 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Nunavut reserves the right to adopt or maintain a measure limiting market access in the sub-sector listed above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Nunavut to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-48 Sector: Transport Sub-Sector: Other land transport services Industry Classification: CPC 7121, 71222 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services Nunavut reserves the right to adopt or maintain economic needs tests for the provision of urban and interurban bus transportation services. The main criteria include the examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; and the effect of new entrants on public convenience, including the continuity and quality of service, and the fitness, willingness, and ability of the applicant to provide proper service. Existing Measures
Reservations applicable in Ontario
Reservation II-PT-49 Sector: Energy Sub-Sector: Production, transmission, and distribution of electricity, gas, steam and hot water Crude petroleum and natural gas Petroleum gases and other gaseous hydrocarbons Transport services via pipeline Services incidental to energy distribution Industry Classification: CPC 17, 120, 334, 713, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Ontario reserves the right to adopt or maintain a measure limiting market access in the exploration, production, generation, extraction, importation, exportation, transportation, transmission, distribution, storage, sale, retailing, marketing, conservation, demand/load management, and development of energy (including, electricity, natural gas, and renewable energy), with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. Ontario reserves the right to adopt or maintain a measure limiting market access in the granting of exclusive rights to own or operate a transmission or distribution system or to produce, generate, store, sell, retail, or market energy (including, electricity, natural gas, or renewable energy). 3. For greater certainty, this reservation is without prejudice to the right of Ontario to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservations applicable in Prince Edward Island
Reservation II-PT-50 Sector: Fisheries and aquaculture Sub-Sector: Fish and other fishing products Wholesale trade services of fisheries products Services incidental to fishing Industry Classification: CPC 04, 62224, 882 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Prince Edward Island reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Prince Edward Island to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-51 Sector: Energy Sub-Sector: Renewable energy systems Electrical energy, oil and natural gas Services incidental to energy distribution Industry Classification: CPC 120, 17, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Prince Edward Island reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Prince Edward Island to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-52 Sector: Forestry Sub-Sector: Forestry and logging products Forest resource processing Services incidental to agriculture, hunting and forestry Manufacture of paper and paper products, on a fee or contract basis Industry Classification: CPC 03, 321, 881 (other than rental of agricultural equipment with operator and 8814), 88430, 88441 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Prince Edward Island reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Prince Edward Island to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-53 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: Market access Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services 1. Prince Edward Island reserves the right to adopt or maintain a measure limiting market access in the sub-sector noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Prince Edward Island to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-54 Sector: Alcoholic beverages Sub-Sector: Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Prince Edward Island reserves the right to adopt or maintain a measure limiting market access in the sub-sectors noted above, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Prince Edward Island to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservations applicable in Québec
Reservation II-PT-55 Sector: Agriculture, fisheries Sub-Sector: Products of agriculture, horticulture and market gardening Live animals and animal products Fish and other fishing products Meat, fish, fruit, 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, 04, 21, 22, 23, 8811 (other than rental of agricultural equipment with operator), 8812, 882 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Québec reserves the right to adopt or maintain a measure limiting market access in the production, transfer of possession or ownership, processing, and collective marketing of aquaculture, marine, and fish products, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. Québec also reserves the right to adopt or maintain a measure limiting market access in connection with the issuance of permits under the Food Products Act. 3. These measures include, imposing a public interest test and taking into account socio-economic factors. 4. For greater certainty, this reservation is without prejudice to the right of Québec to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures Food Products Act, C.Q.L.R., c. P-29 An Act to regularize and provide for the development of local slaughterhouses, C.Q.L.R., c. R-19.1 An Act respecting the marketing of agricultural, food and fish products, C.Q.L.R. c. M-35.1 An Act respecting the marketing of marine products, C.Q.L.R., c. C-32.1 The Marine Products Processing Act, C.Q.L.R., c. T-11.01
Reservation II-PT-56 Sector: Energy Sub-Sector: Electricity energy Services incidental to energy distribution Industry Classification: CPC 171, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Québec reserves the right to adopt or maintain a measure limiting market access in the production, fixing and modification of rates and conditions, transmission, supply, distribution, and exportation of electricity, and in the maintenance of electrical facilities, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. Québec reserves the right for the purposes of the activities mentioned in the preceding paragraph, to adopt or maintain a measure related to the transfer and the granting of lands in the domain of the State and of movable and immovable property, and any measure related to all powers and sources of energy from which it is possible to produce electricity. 3. Hydro-Québec is the holder of exclusive rights regarding the production, transmission, distribution and exportation of electricity. Québec reserves the right to adopt or maintain powers and rights of Hydro-Québec for the purposes of the activities mentioned previously. 4. These measures include, taking into account socio-economic factors. 5. For greater certainty, this reservation is without prejudice to the right of Québec to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures Hydro-Québec Act, C.Q.L.R., c. H-5 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 An Act respecting municipal and private electric power systems, C.Q.L.R., c. S-41 Act respecting the Ministère des Ressources naturelles et de la Faune, C.Q.L.R., c. M-25.2 An Act respecting threatened or vulnerable species, C.Q.L.R., c. E-12.01 Loi sur la Coopérative régionale d'électricité de Saint-Jean-Baptiste de Rouville et abrogeant la Loi pour favoriser l'électrification rurale par l'entremise de coopératives d'électricité, L.Q. 1986, c. 21 Watercourses Act, C.Q.L.R., c. R-13
Reservation II-PT-57 Sector: Energy Sub-Sector: Crude petroleum and natural gas Transport services via pipeline Services incidental to energy distribution Industry Classification: CPC 120, 713, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Québec reserves the right to adopt or maintain a measure limiting market access in the operation of oil and gas distribution systems and in transport services via pipeline, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. Québec also reserves the right to adopt or maintain a measure limiting market access in oil and gas development. 3. For greater certainty, this reservation is without prejudice to the right of Québec to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures An Act respecting the Régie de l'énergie, C.Q.L.R., c. R-6.01 Mining Act, C.Q.L.R., c. M-13.1
Reservation II-PT-58 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: Market access Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services 1. Québec reserves the right to adopt or maintain a measure limiting market access in the lotteries, lottery schemes, amusement machines, video lottery machines, games of chance, races, betting rooms, bingo, casinos, publicity contests, consulting and implementation services, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. The Société des loteries du Québec is or may be granted a monopoly in the activities mentioned above. 3. For greater certainty, this reservation is without prejudice to the right of Québec to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures An Act respecting the Société des loteries du Québec, C.Q.L.R., c. S-13.1 An Act respecting lotteries, publicity contests and amusement machines, C.Q.L.R., c. L-6 An Act respecting racing, C.Q.L.R., c. C-72.1
Reservation II-PT-59 Sector: Forestry and logging products Sub-Sector: Wood in the rough Products of wood, cork, straw and plaiting materials Pulp, paper and paper products Printed matter and related articles Industry Classification: CPC 031, 31, 32 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Service 1. Québec reserves the right to adopt or maintain a measure limiting market access in the forest sector, notably measures related to the forest development, the harvesting of forest resources and the products derived from it (including biomass and non-timber), with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. Québec reserves the right to adopt or maintain a measure limiting market access in the marketing or processing of forest resources and the products derived from it as well as any measure limiting market access in the supply of wood processing plants, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 3. These measures include, imposing public interest tests and taking into account socio-economic factors. 4. For greater certainty, this reservation is without prejudice to the right of Québec to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures An Act respecting the marketing of agricultural, food and fish products, C.Q.L.R., c. M-35.1 Forest Act, C.Q.L.R., c. F-4.1 Sustainable Forest Development Act, C.Q.L.R., c. A-18.1 An Act respecting the Ministère des Ressources naturelles et de la Faune, C.Q.L.R., c. M-25.2
Reservations applicable in Saskatchewan
Reservation II-PT-60 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: Market access Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services 1. Saskatchewan reserves the right to adopt or maintain a measure to limit the number of covered investments or service suppliers whether in the form of a numerical quota, monopoly, exclusive supplier or the requirements of an economic needs test. 2. Saskatchewan reserves the right to adopt or maintain a measure to restrict or require a specific type of legal entity or joint venture through which an investor may perform an economic activity in the sub-sectors noted above. 3. This reservation is without prejudice to the right of Saskatchewan to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-61 Sector: Alcoholic beverages Sub-Sector: Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture of alcoholic beverages. Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107, 643 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Saskatchewan reserves the right to adopt or maintain a measure to limit the number of covered investments or service suppliers whether in the form of a numerical quota, monopoly, exclusive supplier or the requirements of an economic needs test. 2. Saskatchewan reserves the right to adopt or maintain a measure to restrict or require a specific type of legal entity or joint venture through which an investor may perform an economic activity in the sub-sectors noted above. 3. This reservation is without prejudice to the right of Saskatchewan to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-62 Sector: Energy Sub-Sector: Electricity, town gas, steam and hot water Coal gas, water gas, producer gas and similar gases, other than petroleum gases and other gaseous hydrocarbons Services incidental to energy distribution Electrical energy Producer gas Transport services via pipeline Industry Classification: CPC 17, 713, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Saskatchewan reserves the right to adopt or maintain a measure to limit the number of covered investments or service suppliers whether in the form of a numerical quota, monopoly, exclusive supplier or the requirements of an economic needs test. 2. Saskatchewan reserves the right to adopt or maintain a measure to restrict or require a specific type of legal entity or joint venture through which an investor may perform an economic activity in the sub-sectors noted above. 3. This reservation is without prejudice to the right of Saskatchewan to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservations applicable in Yukon
Reservation II-PT-63 Sector: Alcoholic beverages Sub-Sector: Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture and transportation of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107, 7123 (other than 71231, 71232, 71233, 71234), 8841 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Yukon reserves the right to adopt or maintain a measure limiting market access in advertising, storage, manufacture, distribution, transport, sale and trade of alcoholic beverages, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. The Yukon Liquor Corporation is the sole commercial importer of alcoholic beverages into Yukon. In-territory manufacturers of alcoholic beverages may operate a retail outlet at the manufacturing facility as a manufacturer's agent of the Yukon Liquor Corporation. 3. This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-64 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: Market access Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services 1. Yukon reserves the right to adopt or maintain a measure limiting market access in the ownership and operation of gambling and gaming facilities, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. Yukon reserves the right to limit market access in lottery schemes, amusement machines, video lottery machines, games of chance, races, betting theatres, bingo casinos and promotional contests, and to conduct such activities, including through a monopoly. 3. This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-65 Sector: Energy Sub-Sector: Crude petroleum and natural gas Transport services via pipeline Services incidental to energy distribution Industry Classification: CPC 120, 713, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Yukon reserves the right to adopt or maintain a measure limiting market access in the exploration, production, extraction, and development of oil and gas, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. Yukon reserves the right to adopt or maintain a measure granting an exclusive right to operate a natural gas or oil distribution or transportation system, including, an activity related to oil and natural gas pipeline and marine distribution and transport services. 3. This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-66 Sector: Energy Sub-Sector: Production, transmission, and distribution of electricity, gas, steam and hot water Electricity and related services Industry Classification: CPC 17, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Yukon reserves the right to adopt or maintain a measure limiting market access in water power, the production, transport, distribution, furnishing, and exportation of electricity, the commercial and industrial uses of water, and services incidental to energy distribution with the exception of measures imposing limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 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. This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-67 Sector: Forestry Sub-Sector: Forestry and logging products Industry Classification: CPC 03, 531 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Yukon reserves the right to adopt or maintain a measure limiting market access in activities related to forestry and logging products, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-68 Sector: Forestry and agriculture Sub-Sector: Services incidental to agriculture Services incidental to animal husbandry Agricultural land, forest and other wooded land Crown land leases and permits Forestry and logging products Industry Classification: CPC 03, 531, 8811 (other than rental of agricultural equipment with operator), 8812 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Yukon reserves the right to adopt or maintain a measure limiting market access in agricultural land, forest resources, and grazing agreements, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-69 Sector: Fisheries Sub-Sector: Fish and other fishing products Services incidental to fishing Industry Classification: CPC 04, 882 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Yukon reserves the right to adopt or maintain a measure limiting market access in fisheries, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-70 Sector: Business 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: Market access Description: Investment and Cross-Border Trade in Services 1. Yukon reserves the right to adopt or maintain a measure limiting market access in research and development services, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-71 Sector: Business services Sub-Sector: Recycling on a fee or contract basis Industry Classification: CPC 88493 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Yukon reserves the right to adopt or maintain a measure limiting market access related to recycling, with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2. This reservation is without prejudice to the right of Yukon to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
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: Market access Description: Investment In all Member States of the EU, services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators. Public utilities exist in sectors such as related scientific and technical consulting services, research and development (R&D) services on social sciences and humanities, technical testing and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport. Exclusive rights on such services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific scheduling is not practical. This reservation does not apply to telecommunications and to computer and related services. Existing Measures:
Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services The EU reserves the right to adopt or maintain any measure which accords differential treatment to a country pursuant to any existing or future bilateral or multilateral agreement which: (a) creates an internal market in services and investment; (b) grants the right of establishment; or (c) requires the approximation of legislation in one or more economic sectors. An internal market on services and establishment means an area without internal frontiers in which the free movement of services, capital and persons is ensured. The right of establishment means an obligation to abolish in substance all barriers to establishment among the parties to the regional economic integration agreement by the entry into force of that agreement. The right of establishment shall include the right of nationals of the parties to the regional economic integration agreement to set up and operate enterprises under the same conditions provided for nationals under the law of the country where such establishment takes place. The approximation of legislation means: (a) the alignment of the legislation of one or more of the parties to the regional economic integration agreement with the legislation of the other party or parties to that agreement; or (b) the incorporation of common legislation into the law of the parties to the regional economic integration agreement. Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at such time that it has been enacted in the law of the party or parties to the regional economic integration agreement. Existing Measures: European Economic Area (EEA) Stabilisation Agreements EU-Swiss Confederation bilateral agreements
Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: Most-favoured-nation treatment Description: Investment The EU reserves the right to adopt or maintain any measure which accords differential treatment relating to the right of establishment to nationals or enterprises through existing or future bilateral agreements between the following Member States of the EU: BE, DE, DK, EL, ES, FR, IE, IT, LU, NL, PT, UK, and any of the following countries or principalities: San Marino, Monaco, Andorra, and the Vatican City State. Existing Measures:
Sector: Fishing Aquaculture Services incidental to fishing Sub-Sector: Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882 Type of Reservation: Market access National treatment Most-favoured-nation treatment Performance requirements Description: Investment and Cross-Border Trade in Services The EU reserves the right to adopt or maintain any measure, in particular within the framework of the Common Fisheries Policy, and of fishing agreements with a third country, with respect to access to and use of the biological resources and fishing grounds situated in maritime waters coming under the sovereignty or within the jurisdiction of Member States of the EU. The EU reserves the right to adopt or maintain any measure: (a) regulating the landing of catches performed in the sub-quotas allocated to vessels of Canada or of a third country in EU ports; (b) determining a minimum size for a company in order to preserve both artisanal and coastal fishing vessels; or (c) according differential treatment to a Canada or a third country pursuant to existing or future bilateral agreements relating to fisheries. A commercial fishing licence granting the right to fish in the territorial waters of a Member State of the EU may only be granted to vessels flying the flag of a Member State of the EU. The EU reserves the right to adopt or maintain any measure with regard to the nationality of the crew of a fishing vessel flying the flag of a Member State of the EU. National complementary reservations may be found in the schedules of reservations applicable in BE, BG, DE, DK, ES, FI, FR, IT, LT, LU, LV, MT, NL, PL, PT, RO, SE, SI, SK and UK. Existing Measures:
Sector: Collection, purification and distribution of water Sub-Sector: Industry Classification: ISIC rev 3.1 41 Type of Reservation: Market access National treatment Description: Investment and Cross-Border Trade in Services The EU reserves the right to adopt or maintain any measure with respect to activities, including services relating to the collection, purification and distribution of water to household, industrial, commercial or other users, including the supply of drinking water, and water management. Existing Measures:
Sector: Business services Sub-Sector: Legal services Services of notaries Services by bailiffs Industry Classification: Part of CPC 861, part of CPC 87902 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services The EU, with the exception of SE, reserves the right to adopt or maintain any measure with respect to the supply of legal advisory and legal authorisation and certification services provided by legal professionals entrusted with public functions, such as notaries, ‘huissiers de justice’ or other ‘officiers publics et ministériels’, and with respect to services provided by bailiffs who are appointed by an official act of government. Existing Measures:
Sector: Distribution and health services Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods and other services provided by pharmacists Industry Classification: CPC 63211 Type of Reservation: Market access Description: Cross-Border Trade in Services For all Member States of the EU with the exception of BE, BG, EE, and IE, mail order is only possible from Member States of the EEA, thus establishment in any of these countries is required for the retail of pharmaceuticals and specific medical goods to the general public in the EU. In BG, DE and EE, the mail order of pharmaceuticals is prohibited. In IE, the mail order of pharmaceuticals requiring a prescription is prohibited. National complementary reservations may be found in the schedules of reservations applicable in BE, FI, SE and SK. Existing Measures:
Sector: Distribution and health services Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods and other services provided by pharmacists Industry Classification: CPC 63211 Type of Reservation: Market access Description: Investment The EU, with the exception of EL, IE, LT, LU, NL, and the UK, reserves the right to adopt or maintain any measure which restricts the number of suppliers entitled to provide a particular service in a specific local zone or area on a non-discriminatory basis in order to prevent oversupply in areas of limited demand. An economic needs test may therefore be applied, taking into account such factors as the number of and impact on existing establishments, transport infrastructure, population density or geographic spread. National complementary reservations may be found in the schedules of reservations applicable in AT, DE, ES, FI, FR, IT, LU, LV, MT, PT, SE and SI. Existing Measures:
Sector: Business services Sub-Sector: Other business services (collection agency services, credit reporting services) Industry Classification: CPC 87901, CPC 87902 Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services The EU, with the exception of ES and SE, reserves the right to adopt or maintain any measure with regard to the supply of collection agency services and credit reporting services. Existing Measures:
Sector: Business services Sub-Sector: Placement services of office support personnel and other workers Supply services of domestic help personnel, other commercial or industrial workers, nursing, and other personnel Industry Classification: CPC 87202, CPC 87204, CPC 87205, CPC 87206, CPC 87209 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services The EU, with the exception of BE, HU and SE, reserves the right to require establishment and to prohibit the cross-border supply of placement services of office support personnel and other workers. The EU, with the exception of HU and SE, reserves the right to adopt or maintain any measure with regard to the supply of placement services of domestic help personnel, other commercial or industrial workers, nursing, and other personnel. National complementary reservations may be found in the schedules of reservations applicable in AT, BE, BG, CY, CZ, DE, EE, ES, FI, FR, IT, LT, LV, MT, PL, PT, RO, SI, and SK. Existing Measures:
Sector: Business services Sub-Sector: Investigation services Industry Classification: CPC 87301 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services The EU, with the exception of AT and SE, reserves the right to adopt or maintain any measure with regard to the supply of investigation services. Residency or commercial presence is required and nationality requirements may exist. National complementary reservations may be found in the schedules of reservations applicable in LT and PT. Existing Measures:
Sector: Business services Auxiliary services to maritime, internal waterways, rail and air transport Sub-Sector: Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof Industry Classification: Part of CPC 86764, CPC 86769, CPC 8868, Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services The EU, with the exception of DE, EE and HU, reserves the right to adopt or maintain any measure with respect to requiring establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance and repair services of rail transport equipment from outside its territory. The EU, with the exception of CZ, EE, HU, LU and SK, reserves the right to adopt or maintain any measure with respect to requiring establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance and repair services of internal waterways transport vessels from outside its territory. The EU, with the exception of EE, HU and LV, reserves the right to adopt or maintain any measure with respect to requiring establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance and repair services of maritime vessels from outside its territory. Only recognised organisations authorised by the EU may carry out statutory surveys and certification of ships on behalf of Member States of the EU. Establishment may be required. The EU, with the exception of AT, EE, HU, LV, and PL, reserves the right to adopt or maintain any measure with respect to requiring establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance (including line maintenance) and repair services of aircraft and parts thereof from outside its territory. Existing Measures:
Sector: Communication services Sub-Sector: Telecommunication services Industry Classification: Type of Reservation: Market access National treatment Description: Investment and Cross-Border Trade in Services The EU reserves the right to adopt or maintain any measure with respect to broadcast transmission services. Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators. Existing Measures:
Sector: Recreational, cultural and sporting services Sub-Sector: Industry Classification: CPC 9619, CPC 963, CPC 964 other than CPC 96492 Type of Reservation: Market access National treatment Most-favoured-nation treatment Performance requirements Senior management and boards of directors Description: Investment and Cross-Border Trade in Services The EU, with the exception of AT reserves the right to adopt or maintain any measure with respect to the supply of library, archive, museum, and other cultural services. LT reserves the right to adopt or maintain any measure requiring the establishment of suppliers and restricting the cross-border supply of these services. In AT and LT, a licence or concession may be required to provide these services. CY, CZ, FI, MT, PL, RO, SI, and SK reserve the right to adopt or maintain any measure with respect to the supply of entertainment services, including theatre, live bands, circus and discotheque services. In addition, the EU, with the exception of AT and SE, reserves the right to adopt or maintain any measure requiring establishment and restricting the cross-border supply of entertainment services, including theatre, live bands, circus and discotheque services. BG reserves the right to adopt or maintain any measure with respect to the supply of the following entertainment services: circus, amusement park and similar attraction services, ballroom, discotheque and dance instructor services, and other entertainment services. EE reserves the right to adopt or maintain any measure with respect to the supply of other entertainment services except for cinema theatre services. LT and LV reserve the right to adopt or maintain any measure with respect to the supply of all entertainment services other than cinema theatre operation services. BG, CY, CZ, EE, LV, MT, PL, RO, and SK reserve the right to adopt or maintain any measure with respect to the cross-border supply of sporting and other recreational services. AT reserves the right to adopt or maintain any measure with respect to the supply of mountain guide or ski school services. Existing Measures:
Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting services Industry Classification: CPC 96492 Type of Reservation: Market access National treatment Most-favoured-nation treatment Performance requirements Senior management and boards of directors Description: Investment and Cross-Border Trade in Services The EU, with the exception of MT, reserves the right to adopt or maintain any measure with respect to the supply of gambling activities, which involve wagering a stake with pecuniary value in games of chance, including in particular lotteries, scratch cards, gambling services offered in casinos, gambling arcades or licensed premises, betting services, bingo services and gambling services operated by and for the benefit of charities or non-profit-making organisations. This reservation does not apply to games of skill, gambling machines that do not give prizes or that give prizes only in the form of free games, and promotional games, whose exclusive purpose is to encourage the sale of goods or services which are not covered by this exclusion. Existing Measures:
Sector: Education services Sub-Sector: Industry Classification: CPC 92 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment and Cross-Border Trade in Services The EU reserves the right to adopt or maintain any measure with regard to the supply of all educational services which receive public funding or State support in any form, and are therefore not considered to be privately funded. The EU, with the exception of CZ, NL, SE and SK, reserves the right to adopt or maintain any measure with respect to the supply of privately funded other education services, which means other than those classified as being primary, secondary, higher and adult education services. Where the supply of privately funded education services by a foreign provider is permitted, participation of private operators in the education system may be subject to concession allocated on a non-discriminatory basis. National complementary reservations may be found in the schedules of reservations applicable in AT, BG, CY, CZ, FI, FR, IT, MT, RO, SE, SI, and SK. Existing Measures:
Sector: Health and social services Sub-Sector: Human health services Social services Industry Classification: CPC 931 other than 9312, part of 93191 Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services The EU, with the exception of HU, reserves the right to adopt or maintain any measure requiring the establishment or physical presence in its territory of suppliers and restricting the cross-border supply of health services from outside their territory. The EU reserves the right to adopt or maintain any measure requiring the establishment or physical presence in their territory of suppliers and restricting the cross-border supply of social services from outside their territory, as well as with respect to activities or services forming part of a public retirement plan or statutory system of social security. This reservation does not relate to the supply of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, which are covered by other reservations. Existing Measures:
Sector: Health services Sub-Sector: Industry Classification: CPC 931 other than 9312, part of CPC 93191 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment The EU reserves the right to adopt or maintain any measure with regard to the supply of all health services which receive public funding or State support in any form, and are therefore not considered to be privately funded. The EU reserves the right to adopt or maintain any measure with regard to all privately funded health services, other than privately funded hospital, ambulance, and residential health facilities services other than hospital services. The participation of private operators in the privately funded health network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread, and creation of new employment. This reservation does not relate to the supply of all health-related professional services, including the services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists,, which are covered by other reservations. National complementary reservations may be found in the schedules of reservations applicable in AT, BE, BG, CY, CZ, FI, FR, MT, PL, SI, SK and UK. Existing Measures:
Sector: Health services Sub-Sector: Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services Industry Classification: CPC 9312, part of CPC 93191 Type of Reservation: Market access Description: Cross-Border Trade in Services In the EU, with the exception of BE, FI, NL and SE, the supply of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, requires residency. These services may only be provided by natural persons physically present in the territory of the EU. National complementary reservations may be found in the schedules of reservations applicable in AT, BE, BG, FI, FR, MT, SK and UK. Existing Measures: None
Sector: Social services Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment The EU reserves the right to adopt or maintain any measure with regard to the supply of all social services which receive public funding or State support in any form, and are therefore not considered to be privately funded, and with regard to activities or services forming part of a public retirement plan or statutory system of social security. The participation of private operators in the privately funded social network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread, and creation of new employment. National complementary reservations may be found in the schedules of reservations applicable in BE, CY, CZ, DE, DK, EL, ES, FI, FR, HU, IE, IT, LT, MT, PL, PT, RO, SI, SK, and UK. Existing Measures:
Sector: Financial services Sub-Sector: Industry Classification: Type of Reservation: Market access Description: Financial Services The EU reserves the right to adopt or maintain any measure requiring a financial institution, other than a branch, when establishing in a Member State of the EU to adopt a specific legal form, on a non-discriminatory basis. Existing Measures:
Sector: Financial services Sub-Sector: Banking and other financial services (excluding insurance) Industry Classification: Type of Reservation: Market access National treatment Cross-Border supply of financial services Description: Financial services Only firms having their registered office in the EU can act as depositories of the assets of investment funds. The establishment of a specialised management company, having its head office and registered office in the same Member State of the EU, is required to perform the activities of management of common funds, including unit trusts, and where allowed under national law, investment companies. Existing Measures: Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS)
Sector: Air transport Sub-Sector: Services auxiliary to air transport Industry Classification: Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services The EU reserves the right to adopt or maintain any measure which accords differential treatment to a third country pursuant to existing or future bilateral agreements relating to the following Auxiliary air transport services: (a) the selling and marketing of air transport services; (b) computer reservation system (CRS) services; and (c) other services auxiliary to air transport, such as ground-handling services and airport operation services. In respect of maintenance and repair of aircrafts and parts, the EU reserves the right to adopt or maintain any measure which accords differential treatment to a third country pursuant to existing or future trade agreements pursuant to Article V of GATS. Existing Measures:
Sector: Air transport Sub-Sector: Industry Classification: Type of Reservation: National treatment Market access Senior management and boards of directors Performance requirements Most-favoured-nation treatment Description: Investment The EU reserves the right to adopt or maintain any measure relating to air services, or related services in support of air services and other services supplied by means of air transport other than the services set out in Article 8.2.2(a) (i) to (v), with respect to the establishment, acquisition or expansion of a covered investment, to the extent that such measures are not excluded from the scope of Sections B and C of Chapter Eight (Investment). Existing Measures:
Sector: Transport Sub-Sector: Water transport Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 722, CPC 74520, CPC 74540, CPC 74590, CPC 882 Type of Reservation: National treatment Market access Senior management and board of directors Description: Investment The EU reserves the right to adopt or maintain any measure with regard to the registration of a non-seagoing vessel in order to fly the national flag of a Member State of the EU, and with regard to the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment. This reservation relates to, among other elements, requirements for incorporation or to maintain a principal office in the Member State of the EU concerned, as well as requirements relating to ownership of capital and control. Existing Measures:
Sector: Transport Sub-Sector: Water transport Industry Classification: CPC 5133 CPC 5223,CPC 721,CPC 722,CPC 74520, CPC 74540, CPC 74590 Any other commercial activity undertaken from a ship Type of Reservation: National treatment Market access Senior management and board of directors Obligations Description: Investment, Cross-Border Trade in Services and International Maritime Transport Services The EU reserves the right to adopt or maintain any measure with regard to the nationality of crew on a seagoing or non-seagoing vessel. Existing Measures:
Sector: Transport Sub-Sector: Water transport Supporting services for water transport Industry Classification: CPC 72, CPC 745 Type of Reservation: Market access National treatment Senior management and boards of directors Most-favoured-nation treatment Obligations Description: Investment, Cross-Border Trade in Services and International Maritime Transport Services The EU reserves the right to adopt or maintain any measure with respect to the supply of national cabotage transport. Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national cabotage transport is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the EU and another port or point located in the same Member State of the EU, including on its continental shelf as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in a Member State of the EU. For greater certainty, this reservation applies inter alia to feeder services. This reservation does not apply to shipping companies of Canada repositioning owned or leased containers on a non-revenue basis. Existing Measures:
Sector: Transport Sub-Sector: Water transport:pilotage and berthing services, pushing and towing services Industry Classification: CPC 7214, CPC 7224, CPC 7452 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services The EU reserves the right to adopt or maintain any measure with respect to the supply of pilotage and berthing services. For greater clarity, regardless of the criteria which may apply to the registration of ships in a Member State of the EU, the EU reserves the right to require that only ships registered on the national registers of Member States of the EU may provide pilotage and berthing services. For the EU, with the exception of LT and LV, only vessels carrying the flag of a Member State of the EU may provide pushing and towing services. For LT, only juridical persons of Lithuania or juridical persons of a Member State of the EU with branches in Lithuania that have a Certificate issued by the Lithuanian Maritime Safety Administration may provide pilotage and berthing, pushing and towing services. Existing Measures:
Sector: Transport Sub-Sector: Internal waterways transport Industry Classification: CPC 722 Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services The EU reserves the right to adopt or maintain any measure which accords differential treatment to a third country pursuant to existing or future agreements relating to access to inland waterways (including agreements following the Rhine-Main-Danube link), which reserve traffic rights for operators based in the countries concerned who meet nationality criteria regarding ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping. This part of the reservation only applies to the following Member States of the EU: BE, DE, FR and NL. Existing Measures:
Sector: Transport Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services Industry Classification: CPC 712 Type of Reservation: Market access National treatment Description: Investment and Cross-Border Trade in Services The EU reserves the right to require establishment and to limit the cross-border supply of road transport services. The EU reserves the right to adopt or maintain measures limiting the supply of cabotage within a Member State of the EU by foreign investors established in another Member State of the EU. An economic needs test may apply to taxi services in the EU with the exception of BE. The economic needs test, when applied, sets a limit on the number of service suppliers. Main criteria: Local demand as provided in applicable laws. For road passenger and freight transportation, national complementary reservations may be found in the schedules of reservations applicable in AT, BE, BG, ES, FI, FR, IE, IT, LT, LV, MT, PT, RO, SE, and SK. Existing Measures: Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market Regulation (EC) No 1073/2009of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006
Sector: Transport Sub-Sector: Road and rail transport Industry Classification: CPC 7111, CPC 7112, CPC 7121, CPC 7122, CPC 7123 Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services The EU reserves the right to adopt or maintain any measure which accords differential treatment to a country pursuant to existing or future bilateral agreements relating to international road haulage (including combined transport — road or rail) and passenger transport, concluded between the EU or the Member States of the EU and a third country. Such treatment may: (a) reserve or limit the supply of the relevant transport services between the contracting parties or across the territory of the contracting parties to vehicles registered in each contracting party (2); or (b) provide for tax exemptions for such vehicles. Existing Measures:
Sector: Transport Sub-Sector: Space transport Rental of space craft Industry Classification: CPC 733, part of CPC 734 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment and Cross-Border Trade in Services The EU reserves the right to adopt or maintain any measure with respect to the transportation services via space and the rental of space craft. Existing Measures:
Sector: Energy Sub-Sector: Electricity and gas transmission systems Oil and gas pipeline transport Industry Classification: ISIC rev 3.1 401, 402, CPC 7131, CPC 887 (other than advisory and consultancy services) Type of Reservation: National treatment Market access Performance requirements Senior management and boards of directors Description: Investment Where a Member State of the EU permits foreign ownership of a gas or electricity transmission system, or an oil and gas pipeline transport system, the EU reserves the right to adopt or maintain any measure with respect to enterprises of Canada controlled by natural persons or enterprises of a third country which accounts for more than 5 per cent of the EU's oil or natural gas or electricity imports, in order to guarantee the security of the energy supply of the EU as a whole, or of an individual Member State of the EU. This reservation does not apply to advisory and consultancy services provided as services incidental to energy distribution. This reservation does not apply to HU and LT (for LT, only CPC 7131) with regard to the pipeline transport of fuels, nor to LV with regard to services incidental to energy distribution, nor to SI with regard to services incidental to the distribution of gas. National complementary reservations may be found in the schedules of reservations applicable in BE, BG, CY, FI, FR, HU, LT, NL, PT, SI and SK. Existing Measures: Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC
Reservations applicable in Austria
Sector: Manufacture of nuclear fuel, electricity, gas and water supply Sub-Sector: Nuclear based electricity generation, processing of nuclear material and fuel, transportation and handling of nuclear material Industry Classification: ISIC rev 3.1 233 , ISIC rev 3.1 40 Type of Reservation: Market access National treatment Description: Investment and Cross-Border Trade in Services Austria reserves the right to adopt or maintain any measure with respect to the processing, distribution or transportation of nuclear material and generation of nuclear-based energy. Existing Measures: Bundesverfassungsgesetz für ein atomfreies Österreich (Constitutional Law on a Nuclear Free Austria), BGBl. I Nr. 149/1999
Sector: Business services Sub-Sector: Placement services of office support personnel and other workers Supply services of office support personnel Industry Classification: CPC 87202, CPC 87203 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Austria reserves the right to adopt or maintain any measure with regard to the supply of supply services of office support personnel, and the establishment of suppliers of placement services of office support personnel and other workers. Existing Measures:
Sector: Education services Sub-Sector: Higher education services Adult education services Industry Classification: CPC 923, CPC 924 Type of Reservation: Market access National treatment Description: Investment and Cross-Border Trade in Services Austria reserves the right to adopt or maintain any measure with regard to the supply of privately funded higher education services. Austria reserves the right to prohibit the cross-border supply of privately funded adult education services by means of radio or television broadcasting. Existing Measures:
Sector: Health services Sub-Sector: Ambulance services Industry Classification: CPC 93192 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Austriareserves the right to adopt or maintain any measure with respect to the supply of privately funded ambulance services. Existing Measures:
Reservations applicable in Belgium
Sector: Fishing Aquaculture Services incidental to fishing Sub-Sector: Industry Classification: ISIC rev 3.1 0501, 0502, CPC 882 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services A fishing licence is mandatory for performing marine fishing activities in Belgium. The owner of a vessel who has a fishing licence is either a legal person or a natural person. The natural person has to be a resident of Belgium when applying for a fishing licence. The legal person has to be a domestic firm and the managers of the domestic firm have to be active in fisheries and to be residents of Belgium when applying for a fishing licence. Existing Measures:
Sector: Business services Sub-Sector: Security services Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services The supply of security services by a foreign provider on a cross-border basis is not allowed. Requirement of nationality of a Member State of the EU for members of boards of directors of companies providing guard and security services, as well as consultancy and training relating to security services. The senior management of companies providing guard and security consultancy services are required to be resident nationals of a Member State of the EU. Existing Measures:
Sector: Distribution Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods Industry Classification: CPC 63211 Type of Reservation: Market access Description: Cross-Border Trade in Services Mail order is only authorised for pharmacies open to the public, thus establishment in Belgium is required for the retail of pharmaceuticals Existing Measures: Arrêté royal du 21 janvier 2009 portant instructions pour les pharmaciens Arrêté royal du 10 novembre 1967 relatif à l'exercice des professions des soins de santé
Sector: Health services Sub-Sector: Ambulance services Residential health services other than hospital services Industry Classification: CPC 93192, CPC 93193 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Belgiumreserves the right to adopt or maintain any measure with respect to the supply of privately funded ambulance and residential health services other than hospital services. Existing Measures:
Sector: Health services Sub-Sector: Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services, veterinary services Industry Classification: Part of CPC 85201, CPC 9312, part of CPC 93191, CPC932 Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services Belgium reserves the right to adopt or maintain any measure relating to the cross-border supply of medical, dental and midwives services and services provided by nurses, physiotherapists and paramedical personnel, and veterinary services. Existing Measures:
Sector: Social services Sub-Sector: Industry Classification: CPC 933 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Belgiumreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes. Existing Measures:
Sector: Transport Sub-Sector: Cargo handling services Industry Classification: CPC 741 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services Cargo handling services can only be operated by accredited workers, eligible to work in port areas designated by royal decree. Existing Measures: Loi du 8 juin 1972 organisant le travail portuaire. Arrêté royal du 12 janvier 1973 instituant une Commission paritaire des ports et fixant sa dénomination et sa compétence Arrêté royal du 4 septembre 1985 portant agrément d'une organisation d'employeur (Anvers) Arrêté royal du 29 janvier 1986 portant agrément d'une organisation d'employeur (Gand) Arrêté royal du 10 juillet 1986 portant agrément d'une organisation d'employeur (Zeebrugge) Arrêté royal du 1er mars 1989 portant agrément d'une organisation d'employeur (Ostende) Arrêté royal du 5 juillet 2004 relatif à la reconnaissance des ouvriers portuaires dans les zones portuaires tombant dans le champ d'application de la loi du 8 juin 1972 organisant le travail portuaire, tel que modifié.
Sector: Transport Sub-Sector: Road transport Industry Classification: CPC 71221 Type of Reservation: Market access Description: Investment Belgium reserves the right to restrict the availability of licences to provide taxi services. For the Brussels Capital Region: A maximum number of licences is fixed by law. For the Flemish Region: A maximum number of taxis per capita is fixed by law. This number can be adjusted, in which case an economic needs test is applied. Main criteria: degree of urbanisation, average occupancy rate of existing taxis. For the Walloon Region: A maximum number of taxis per capita is fixed by law. This number can be adjusted, in which case an economic needs test is applied. Main criteria: average occupancy rate of existing taxis. Existing Measures:
Sector: Energy Sub-Sector: Production of electricity Industry Classification: ISIC rev 3.1 4010 Type of Reservation: National treatment Market access Description: Investment An individual authorisation for the production of electricity of a capacity of 25 MW requires establishment in the EU, or in another State which has a similar regime to that enforced by Directive 96/92/EC in place, and where the company has an effective and continuous link with the economy. The offshore production of electricity within the offshore territory of Belgium is subject to concession and a joint venture obligation with a company from a Member State of the EU, or a foreign company from a country having a similar regime to that of Directive 2003/54/EC, particularly with regard to conditions relating to the authorisation and selection. Additionally, the company shall have its central administration or its head office in a Member State of the EU or a country meeting the above criteria, where it has an effective and continuous link with the economy. The construction of electrical power lines which link offshore production to the transmission network of Elia requires authorisation and the company must meet the previously specified conditions, except for the joint venture requirement. Existing Measures: Arrêté Royal du 11 octobre 2000 fixant les critères et la procédure d'octroi des autorisations individuelles préalables à la construction de lignes directes Arrêté Royal du 20 décembre 2000 relatif aux conditions et à la procédure d'octroi des concessions domaniales pour la construction et l'exploitation d'installations de production d'électricité à partir de l'eau, des courants ou des vents, dans les espaces marins sur lesquels la Belgique peut exercer sa juridiction conformément au droit international de la mer Arrêté Royal du 12 mars 2002 relatif aux modalités de pose de câbles d'énergie électrique qui pénètrent dans la mer territoriale ou dans le territoire national ou qui sont installés ou utilisés dans le cadre de l'exploration du plateau continental, de l'exploitation des ressources minérales et autres ressources non vivantes ou de l'exploitation d'îles artificielles, d'installations ou d'ouvrages relevant de la juridiction belge
Sector: Energy Sub-Sector: Energy transmission services and bulk storage services of gas Industry Classification: ISIC rev 3.1 4010,CPC 71310, part of CPC 742, CPC 887 (other than consultancy services) Type of Reservation: National treatment Market access Description: Investment and Cross-Border Trade in Services Belgium reserves the right to adopt or maintain any measure related to the types of legal entities and to the treatment of public or private operators to whom Belgium has conferred exclusive rights. Establishment is required within EU for energy transmission services and for bulk storage services of gas. Existing Measures:
Sector: Energy Sub-Sector: Energy distribution services and services incidental to energy distribution Industry Classification: CPC 887 (other than consultancy services) Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Belgium reserves the right to adopt or maintain any measure related to energy distribution services and services incidental to energy distribution. Existing Measures:
Sector: Energy Sub-Sector: Transport via pipeline of fuel Industry Classification: CPC 7131 Type of Reservation: National treatment Market access Description: Cross-border Trade in Services The pipeline transport of natural gas and other fuels is subject to an authorisation requirement. An authorisation may only be granted to a natural or juridical person established in a Member State of the EU (in accordance with Art. 3 of the AR of 14 May 2002). Where the authorisation is requested by a company then: (a) the company must be established in accordance with Belgian law, or the law of another Member State of the EU, or the law of a third country, which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 98/30/EC of the European Parliament and the Council of 22 June 1998 concerning common rules for the internal market in natural gas; and (b) the company must hold its administrative seat, its principal establishment or its head office within a Member State of the EU, or a third country, which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 98/30/EC of the European Parliament and the Council of 22 June 1998 concerning common rules for the internal market in natural gas, provided that the activity of this establishment or head office represents an effective and continuous link with the economy of the country concerned. Existing Measures: Arrêté Royal du 14 mai 2002 relatif à l'autorisation de transport de produits gazeux et autres par canalisations.
Sector: Energy Sub-Sector: Wholesaling services of electricity and gas Industry Classification: CPC 62271 Type of Reservation: National treatment Description: Cross-border Trade in Services An authorisation is necessary for the supply of electricity by an intermediary having customers established in Belgium who are connected to the national grid system or to a direct line whose nominal voltage is higher than 70,000 volts. Such an authorisation may only be granted to a natural or juridical person established in the EEA. In general, the supply of natural gas to customers (customers being both distribution companies and consumers whose overall combined consumption of gas arising from all points of supply attains a minimum level of one million cubic metres per year) established in Belgium is subject to an individual authorisation provided by the minister, except where the supplier is a distribution company using its own distribution network. Such an authorisation may only be granted to a natural or juridical person established in a Member State of the EU. Existing Measures: Arrêté royal du 2 avril 2003 relatif aux autorisations de fourniture d'électricité par des intermédiaires et aux règles de conduite applicables à ceux-ci Arrêté royal du 12 juin 2001 relatif aux conditions générales de fourniture de gaz naturel et aux conditions d'octroi des autorisations de fourniture de gaz naturel
Sector: Energy Sub-Sector: Nuclear energy Industry Classification: ISIC rev 3.1 233 , ISIC rev 3.1 40 Type of Reservation: Market access National treatment Description: Investment and Cross-Border Trade in Services Belgium reserves the right to adopt or maintain any measure with respect to the production, processing or transportation of nuclear material and generation or distribution of nuclear-based energy. Existing Measures:
Sector: Mining and quarrying, manufacturing and energy Sub-Sector: Mining and quarrying, manufacture of refined petroleum products and nuclear fuel, electricity, gas and hot water supply Industry Classification: ISIC rev 3.1 10, ISIC rev 3.11110, ISIC rev 3.1 13, ISIC rev 3.1 14, ISIC rev 3.1 232 , part of ISIC rev 3.1 4010, part of ISIC rev 3.1 4020, part of ISIC rev 3.1 4030 Type of Reservation: Market access National treatment Description: Investment With the exception of the mining of metal ores and other mining and quarrying, enterprises of Canada controlled by natural persons or enterprises of a third country which accounts for more than 5 per cent of the EU's oil or natural gas or electricity imports may be prohibited from obtaining control of the activity. Incorporation is required (no branching). Existing Measures:
Reservations applicable in Bulgaria
Sector: All sectors Sub-Sector: Acquisition ofreal estate Industry Classification: Type of Reservation: National treatment Description: Investment Foreign natural and foreign juridical persons (including through a branch) cannot acquire ownership of land in Bulgaria. Juridical persons of Bulgaria with foreign participation cannot acquire ownership of agricultural land. Foreign juridical persons and foreign citizens with permanent residence abroad can acquire ownership of buildings and limited property rights (right to use, right to build, right to raise a superstructure and servitudes) of real estate. Foreign citizens with permanent residence abroad, foreign juridical persons and companies in which foreign participation ensures a majority in adopting decisions or blocks the adoption of decisions, can acquire real estate property rights in specific geographic regions designated by the Council of Ministers subject to permission. Existing Measures: Constitution of the Republic of Bulgaria, art. 22 Law on Ownership and Use of Agricultural Land, art. 3 Law on Forests, art. 10
Sector: All sectors other than mining and quarrying Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Measures: Law on State Property Concessions Act Law on Privatisation and Post-Privatisation Control 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. Commercial corporations in which the 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. This reservation does not apply to mining and quarrying, which are subject to a separate reservation in Annex I. Existing Measures:
Sector: Fishing Aquaculture Services incidental to fishing Sub-Sector: Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882 Type of Reservation: Market access National treatment Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services The taking of marine and river-living resources, performed by vessels in the internal marine waters, the territorial sea and on the inland waterways of Bulgaria, shall be performed by vessels flying the flag of Bulgaria. A foreign ship may not engage in commercial fishing in the exclusive economic zone save on the basis of an agreement between Bulgaria and the flag state. While passing through the exclusive economic zone, foreign fishing ships may not maintain their fishing gear in operational mode. Existing Measures:
Sector: Energy Sub-Sector: Industry Classification: ISIC rev 3.1 40, CPC 71310, part of CPC 88 Type of Reservation: National treatment Market access Description: Investment and Cross-Border Trade in Services Bulgaria reserves the right to adopt or maintain any measure with respect to the production of electricity and heat and to the services incidental to energy distribution, as well as to pipeline transportation, storage and warehousing of petroleum and natural gas, including transit transmission. Existing Measures: Energy Act
Sector: Manufacture of nuclear fuel, electricity, gas and water supply Sub-Sector: Nuclear-based electricity generation Processing of nuclear material and fuel Transportation or handling of nuclear material Industry Classification: ISIC rev 3.123, ISIC rev 3.1 40 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment Bulgaria reserves the right to adopt or maintain any measure with respect to the processing of fissionable and fusionable materials or the materials from which they are derived, as well as to the trade therewith, to the maintenance and repair of equipment and systems in nuclear energy production facilities, to the transportation of such materials and the refuse and waste matter of their processing, to the use of ionising radiation, and on all other services relating to the use of nuclear energy for peaceful purposes (incl. engineering and consulting services and services relating to software, etc.). Existing Measures: Safe Use of Nuclear Energy Act
Sector: Business services Sub-Sector: Legal services Industry Classification: Part of CPC 861 Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services In Bulgaria, full national treatment on the establishment and operation of companies, as well as on the supply of services, may be extended only to companies established in, and citizens of, the countries with whom preferential arrangements have been or will be concluded. Existing Measures:
Sector: Business services Sub-Sector: Auditing services Industry Classification: CPC 86211 and CPC 86212 other than accounting services Type of Reservation: National treatment Measures: Independent Financial Audit Act Description: Cross-Border Trade in Services An independent financial audit shall be implemented by registered auditors who are members of the Institute of the Certified Public Accountants. Subject to reciprocity, the Institute of the Certified Public Accountants shall register an audit entity of Canada or of a third country upon the latter's furnishing proof that: (a) three-fourths of the members of the management bodies and the registered auditors carrying out audit on behalf of the entity meet requirements equivalent to those for Bulgarian auditors and have passed successfully the examinations for it; (b) the audit entity carries out independent financial audit in accordance with the requirements for independence and objectivity; and (c) the audit entity publishes on its website an annual transparency report or performs other equivalent requirements for disclosure in case it audits public-interest entities. Existing Measures:
Sector: Health services Sub-Sector: Veterinary services Industry Classification: CPC 932 Type of Reservation: National treatment Market access Measures: Veterinary Practices Act Description: Investment and Cross-Border Trade in Services In Bulgaria, a veterinary medical establishment may be established by a natural or a legal person. The practice of veterinary medicine is subject to a condition of nationality of a Member State of the EU or the EEA, otherwise a permanent residence permit is required for foreign nationals (physical presence is required). Existing Measures:
Sector: Business services Sub-Sector: Executive search Placement services Supply services of office support personnel Industry Classification: CPC 87201, CPC 87202, CPC 87203 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Bulgaria reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel. Bulgaria reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel. Existing Measures:
Sector: Business services Sub-Sector: Security services Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Bulgaria reserves the right to adopt or maintain any measure with regard to the supply of security services. Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist. Existing Measures:
Sector: Distribution Sub-Sector: Distribution of chemical products Distribution of precious metals and stones Distribution of pharmaceuticals, products and objects for medical use and medical substances Distribution of tobacco and tobacco products Distribution of alcoholic beverages 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: Market access National treatment Senior management and boards of directors Description: Cross-Border Trade in Services Bulgaria reserves the right to adopt or maintain any measure with respect to the distribution of chemical products, precious metals and stones, pharmaceuticals, medical substances and products and objects for medical use; tobacco and tobacco products and alcoholic beverages. Bulgaria reserves the right to adopt or maintain any measure with respect to the services provided by commodity brokers. Existing Measures: Law on Medicinal Products in Human Medicine Law of Veterinary Activity Law for Prohibition of Chemical Weapons and for Control over Toxic Chemical Substances and Their Precursors Law for Tobacco and Tobacco Products
Sector: Education services Sub-Sector: Industry Classification: CPC 921, CPC 922, CPC 923 Type of Reservation: National treatment Market access Description: Investment and Cross-Border Trade in Services Bulgaria reserves the right to adopt or maintain any measure restricting the cross-border supply of privately funded primary and secondary education services. Bulgaria reserves the right to adopt or maintain any measure with respect to the supply of privately funded higher education services. Existing Measures: Public Education Act, art. 12 Law for the Higher Education, paragraph 4 of the additional provisions Vocational Education and Training Act, art. 22
Sector: Financial services Sub-Sector: Insurance Type of Reservation: Cross-Border supply of financial services Description: Financial Services Transport insurance, covering goods, insurance of vehicles as such and liability insurance regarding risks located in the Bulgaria may not be underwritten by foreign insurance companies directly.
Sector: Health services Sub-Sector: Industry Classification: CPC 9311, CPC 93192, CPC 93193 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Bulgariareserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, and residential health services other than hospital services. Existing Measures:
Sector: Health services Sub-Sector: Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services Industry Classification: CPC 9312, part of 9319 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Bulgaria reserves the right to adopt or maintain any measure with respect to the supply of all health-related professional services, including medical and dental services, services provided by nurses, midwives, physiotherapists, paramedical personnel, as well as psychologist services. Existing Measures: Law for Medical Establishments Professional Organisation of Medical Nurses, Midwives and Associated Medical Specialists Guild Act
Sector: Transport Sub-Sector: Supporting services for road transport Industry Classification: CPC 744 Type of Reservation: National treatment Measures: Bulgarian Act for Road Transport, art. 6 Description: Cross-Border Trade in Services Establishment is required. Existing Measures:
Sector: Water transport Sub-Sector: Supporting services for water transport Industry Classification: Part of CPC 741, part of CPC 742 Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services In so far as Canada and its provinces and territories allow service suppliers from Bulgaria to supply cargo-handling services and storage and warehouse services in sea and river harbours, including services relating to containers and goods in containers, Bulgaria will allow services suppliers from Canada to supply cargo-handling services and storage and warehouse services in sea and river harbours, including services relating to containers and goods in containers under the same conditions. Existing Measures:
Sector: Rail transport Sub-Sector: Industry Classification: CPC7111, CPC 7112 Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services Measures that are taken under existing or future agreements, and which regulate traffic rights and operating conditions, and the supply of transport services in the territory of Bulgaria, the Czech Republic and Slovakia and between the countries concerned.. Existing Measures:
Sector: Road transport Sub-Sector: Industry Classification: CPC7111, CPC 7112 Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services Measures taken under existing or future agreements, which reserve or restrict the supply of these kinds of transportation services and specify the terms and conditions of this supply, including transit permits or preferential road taxes, in the territory of Bulgaria or across the borders of Bulgaria. Existing Measures: