Canada - EU CETA (2016)
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(i) specialists means natural persons working in an enterprise who possess:

(A) uncommon knowledge of the enterprise's products or services and its application in international markets; or

(B) an advanced level of expertise or knowledge of the enterprise's processes and procedures such as its production, research equipment, techniques, or management.

In assessing such expertise or knowledge, the Parties will consider abilities that are unusual and different from those generally found in a particular industry and that cannot be easily transferred to another natural person in the short-term. Those abilities would have been obtained through specific academic qualifications or extensive experience with the enterprise; or

(ii) graduate trainees means natural persons who:

(A) possess a university degree; and

(B) are temporarily transferred to an enterprise in the territory of the other Party for career development purposes, or to obtain training in business techniques or methods; and

natural persons for business purposes means key personnel, contractual services suppliers, independent professionals, or short-term business visitors who are citizens of a Party.

Article 10.2. Objectives and Scope

1. This Chapter reflects the preferential trading relationship between the Parties as well as the mutual objective to facilitate trade in services and investment by allowing temporary entry and stay to natural persons for business purposes and by ensuring transparency in the process.

2. This Chapter applies to measures adopted or maintained by a Party concerning the temporary entry and stay into its territory of key personnel, contractual services suppliers, independent professionals and short-term business visitors. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence, or employment on a permanent basis.

3. Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to any Party under the terms of this Chapter. The sole fact of requiring a visa for natural persons of a certain country and not for those of others shall not be regarded as nullifying or impairing benefits under this Chapter.

4. To the extent that commitments are not taken in this Chapter, all other requirements of the laws of the Parties regarding entry and stay continue to apply, including those concerning period of stay.

5. Notwithstanding the provisions of this Chapter, all requirements of the Parties' laws regarding employment and social security measures shall continue to apply, including regulations concerning minimum wages as well as collective wage agreements.

6. This Chapter does not apply to cases where the intent or effect of the temporary entry and stay is to interfere with or otherwise affect the outcome of a labour or management dispute or negotiation, or the employment of natural persons who are involved in such dispute or negotiation.

Article 10.3. General Obligations

1. Each Party shall allow temporary entry to natural persons for business purposes of the other Party who otherwise comply with the Party's immigration measures applicable to temporary entry, in accordance with this Chapter.

2. Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 10.2.1, and, in particular, shall apply those measures so as to avoid unduly impairing or delaying trade in goods or services or the conduct of investment activities under this Agreement.

3. Each Party shall ensure that any fees for processing applications for temporary entry are reasonable and commensurate with the costs incurred.

Article 10.4. Provision of Information

1. Further to Chapter Twenty-Seven (Transparency), and recognising the importance to the Parties of transparency of temporary entry information, each Party shall, no later than 180 days after the date of entry into force of this Agreement, make available to the other Party explanatory material regarding the requirements for temporary entry under this Chapter that enables business persons of the other Party to be acquainted with those requirements.

2. If a Party collects and maintains data relating to temporary entry by category of business persons under this Chapter, the Party shall make this data available to the other Party on request, in accordance with its law related to privacy and data protection.

Article 10.5. Contact Points

1. The Parties hereby establish the following contact points:

(a) in the case of Canada:

Director

Temporary Resident Policy

Immigration Branch

Citizenship and Immigration Canada

(b) in the case of the European Union:

Director-General

Directorate General for Trade

European Commission

(c) in the case of the Member States of the European Union, the contact points listed in Annex10-A or their respective successors.

2. The contact points for Canada and the European Union, and as appropriate the contact points for Member States of the European Union, shall exchange information pursuant to Article 10.4 and shall meet as required to consider matters pertaining to this Chapter, such as:

(a) the implementation and administration of this Chapter, including the practice of the Parties in allowing temporary entry;

(b) the development and adoption of common criteria as well as interpretations for the implementation of this Chapter;

(c) the development of measures to further facilitate temporary entry of business persons; and

(d) recommendations to the CETA Joint Committee concerning this Chapter.

Article 10.6. Obligations In other Chapters

1. This Agreement does not impose an obligation on a Party regarding its immigration measures, except as specifically identified in this Chapter and in Chapter Twenty-Seven (Transparency).

2. Without prejudice to any decision to allow temporary entry to natural persons of the other Party within the terms of this Chapter, including the length of stay permissible pursuant to such an allowance:

(a) Articles 9.3 (National treatment) and 9.6 (Market access), subject to Articles 9.4 (Formal requirements) and 9.2 (Scope) but not Article 9.2.2(d), are incorporated into and made part of this Chapter and apply to the treatment of natural persons for business purposes present in the territory of the other Party under the categories of:

(i) key personnel; and

(ii) contractual services suppliers, and independent professionals for all sectors listed in Annex 10-E; and

(b) Article 9.5 (Most-favoured-nation treatment), subject to Articles 9.4 (Formal requirements) and 9.2 (Scope) but not Article 9.2.2(d), is incorporated into and made part of this Chapter and applies to the treatment of natural persons for business purposes present in the territory of the other Party under the categories of:

(i) key personnel, contractual services suppliers, and independent professionals; and

(ii) short-term business visitors, as set out in Article 10.9. 3. For greater certainty, paragraph 2 applies to the treatment of natural persons for business purposes present in the territory of the other Party and falling within the relevant categories and who are supplying financial services, as defined

in Article 13.1 (Definitions) of Chapter Thirteen (Financial Services). Paragraph 2 does not apply to measures relating to the granting of temporary entry to natural persons of a Party or of a third country.

4. Ifa Party has set out a reservation in its Schedule to Annex I, II or III, the reservation also constitutes a reservation to paragraph 2, to the extent that the measure set out in or permitted by the reservation affects the treatment of natural persons for business purposes present in the territory of the other Party.

Article 10.7. Key Personnel

1. Each Party shall allow the temporary entry and stay of key personnel of the other Party subject to the reservations and exceptions listed in Annex 10-B.

2. Each Party shall not adopt or maintain limitations on the total number of key personnel of the other Party allowed temporary entry, in the form of a numerical restriction or an economic needs test.

3. Each Party shall allow the temporary entry of business visitors for investment purposes without requiring a work permit or other prior approval procedure of similar intent.

4. Each Party shall allow the temporary employment in its territory of intra-corporate transferees and investors of the other Party.

5. The permissible length of stay of key personnel is as follows:

(a) intra-corporate transferees (specialists and senior personnel): the lesser of three years or the length of the contract, with a possible extension of up to 18 months at the discretion of the Party granting the temporary entry and stay (1);

(b) intra-corporate transferees (graduate trainees): the lesser of one year or the length of the contract;

(c) investors: one year, with possible extensions at the discretion of the Party granting the temporary entry and stay;

(d) business visitors for investment purposes: 90 days within any six month period (2).

(1) The length of stay permitted under this Chapter may not be taken into consideration in the context of an application for citizenship in a Member State of the European Union.
(2) This is without prejudice to the rights granted to Canada under bilateral visa waivers by Member States of the European Union

Article 10.8. Contractual Services Suppliers and Independent Professionals

1. In accordance with Annex 10-E, each Party shall allow the temporary entry and stay of contractual services suppliers of the other Party, subject to the following conditions:

(a) the natural persons must be engaged in the supply of a service on a temporary basis as employees of an enterprise which has obtained a service contract for a period not exceeding 12 months. If the service contract is longer than 12 months, the commitments in this Chapter only apply for the initial 12 months of the contract;

(b) the natural persons entering the territory of the other Party must be offering those services as employees of the enterprise supplying the services for at least the year immediately preceding the date of submission of an application for entry into the territory of the other Party and must possess, at the date of the submission, at least three years of professional experience (3) in the sector of activity that is the subject of the contract;

(3) The professional experience must have been obtained after having reached the age of majority.

(c) the natural persons entering the territory of the other Party must possess, (i) a university degree or a qualification demonstrating knowledge of an equivalent level (1); and

(ii) professional qualifications, if this is required to practice an activity pursuant to the laws or requirements of the Party where the service is supplied;

(d) the natural persons must not receive remuneration for the provision of services other than the remuneration paid by the enterprise employing the contractual services suppliers during their stay in the territory of the other Party;

(e) the temporary entry and stay accorded under this Article relate only to the supply of a service which is the subject of the contract. Entitlement to utilise the professional title of the Party where the service is provided may be granted, as required, by the relevant authority as defined in Article 11.1 (Definitions), through a Mutual Recognition Agreement ("MRA") or otherwise; and

(f) the service contract must comply with the laws and other legal requirements of the Party where the contract is executed (2).

2. In accordance with Annex 10-E, each Party shall allow the temporary entry and stay of independent professionals of the other Party, subject to the following conditions:

(a) the natural persons must be engaged in the supply of a service on a temporary basis as self-employed persons established in the other Party and must have obtained a service contract for a period not exceeding 12 months. If the service contract is longer than 12 months, the commitments in this Chapter shall only apply for the initial 12 months of the contract;

(b) the natural persons entering the territory of the other Party must possess, at the date of submission of an application for entry into the other Party, at least six years professional experience in the sector of activity which is the subject of the contract;

(c) the natural persons entering the territory of the other Party must possess,

(i) a university degree or a qualification demonstrating knowledge of an equivalent level (3); and

(ii) professional qualifications, if this is required to practice an activity pursuant to the laws, or requirements of the Party where the service is supplied;

(d) the temporary entry and stay accorded under the provisions of this Article relate only to the supply of a service which is the subject of the contract. Entitlement to utilise the professional title of the Party where the service is provided may be granted, as required, by the relevant authority as defined in Article 11.1 (Definitions), through an MRA or otherwise; and

(e) the service contract must comply with the laws and other legal requirements of the Party where the contract is executed.

3. Unless otherwise specified in Annex 10-E, a Party shall not adopt or maintain a limitation on the total number of contractual services suppliers and independent professionals of the other Party allowed temporary entry, in the form of numerical restrictions or an economic needs test.

4. The length of stay of contractual services supplier or independent professionals is for a cumulative period of not more than 12 months, with extensions possible at the discretion of the Party, in any 24 month period or for the duration of the contract, whichever is less.

(1) If the degree or qualification has not been obtained in the Party where the service is supplied, that Party may evaluate whether it is equivalent to a university degree required in its territory. The Parties shall apply Annex 10-C, subject to the reservations in Annex 10-E, for the purposes of assessing such equivalence.
(2) For greater certainty, the natural person must be engaged by the enterprise for the fulfilment of the services contract pursuant to which temporary entry is sought.
(3) If the degree or qualification was not obtained in the Party where the service is supplied, that Party may evaluate whether it is equivalent to a university degree required in its territory. The Parties shall apply Annex 10-C, subject to the reservations in Annex 10-E, for the purposes of assessing such equivalence.

Article 10.9. Short-term Business Visitors

1. In accordance with Annex 10-B, a Party shall allow the temporary entry and stay of short-term business visitors of the other Party for the purposes of carrying out the activities listed in Annex 10-D, provided that the short-term business visitors:

(a) are not engaged in selling a good or a service to the general public;

(b) do not on their own behalf receive remuneration from a source located within the Party where the short-term business visitors are staying temporarily; and

(c) are not engaged in the supply of a service in the framework of a contract concluded between an enterprise that has no commercial presence in the territory of the Party where the short-term business visitors are staying temporarily, and a consumer in that territory, except as provided in Annex 10-D.

2. Each Party shall allow temporary entry of short-term business visitors without the requirement of a work permit or other prior approval procedures of similar intent.

3. The maximum length of stay of short-term business visitors is 90 days in any six-month period (1).

(1) This is without prejudice to the rights granted under bilateral visa waivers by Member States of the European Union.

Article 10.10. Review of Commitments

Within five years following the entry into force of this Agreement, the Parties shall consider updating their respective commitments under Articles 10.7 through 10.9.

Chapter ELEVEN. Mutual Recognition of Professional Qualifications

Article 11.1. Definitions

For the purposes of this Chapter:

jurisdiction means the territory of Canada, and each of its provinces and territories, or the territory of each of the Member States of the European Union, in so far as this Agreement applies in these territories in accordance with Article 1.3 (Geographical scope of application);

negotiating entity means a person or body of a Party entitled or empowered to negotiate an agreement on the mutual recognition of professional qualifications (MRA);

professional experience means the effective and lawful practice of a service;

professional qualifications means the qualifications attested by evidence of formal qualification and/or professional experience;

relevant authority means an authority or body, designated pursuant to legislative, regulatory or administrative provisions to recognise qualifications and authorise the practice of a profession in a jurisdiction; and

regulated profession means a service, the practice of which, including the use of a title or designation, is subject to the possession of specific qualifications by virtue of legislative, regulatory or administrative provisions.

Article 11.2. Objectives and Scope

1. This Chapter establishes a framework to facilitate a fair, transparent and consistent regime for the mutual recognition of professional qualifications by the Parties and sets out the general conditions for the negotiation of MRAs.

2. This Chapter applies to professions which are regulated in each Party, including in all or some Member States of the European Union and in all or some provinces and territories of Canada.

3. A Party shall not accord recognition in a manner that would constitute a means of discrimination in the application of its criteria for the authorisation, licensing or certification of a service supplier, or that would constitute a disguised restriction on trade in services.

4. An MRA adopted pursuant to this Chapter shall apply throughout the territories of the European Union and Canada.

Article 11.3. Negotiation of an MRA

1. Each Party shall encourage its relevant authorities or professional bodies, as appropriate, to develop and provide to the Joint Committee on Mutual Recognition of Professional Qualifications ("MRA Committee") established under Article 26.2.1(b) joint recommendations on proposed MRAs.

2. A recommendation shall provide an assessment of the potential value of an MRA, on the basis of criteria such as the existing level of market openness, industry needs, and business opportunities, for example, the number of professionals likely to benefit from the MRA, the existence of other MRAs in the sector, and expected gains in terms of economic and business development. In addition, it shall provide an assessment as to the compatibility of the licensing or qualification regimes of the Parties and the intended approach for the negotiation of an MRA.

3. The MRA Committee shall, within a reasonable period of time, review the recommendation with a view to ensuring its consistency with the requirements of this Chapter. If these requirements are satisfied, the MRA Committee shall establish the necessary steps to negotiate and each Party shall inform its respective relevant authorities of these steps.

4. The negotiating entities shall thereafter pursue the negotiation and submit a draft MRA text to the MRA Committee.

5. The MRA Committee will thereafter review the draft MRA to ensure its consistency with this Agreement.

6. If in the view of the MRA Committee the MRA is consistent with this Agreement, the MRA Committee shall adopt the MRA by means of a decision, which is conditional upon subsequent notification to the MRA Committee by each Party of the fulfilment of its respective internal requirements. The decision becomes binding on the Parties upon that notification to the MRA Committee by each Party.

Article 11.4. Recognition

1. The recognition of professional qualifications provided by an MRA shall allow the service supplier to practice professional activities in the host jurisdiction, in accordance with the terms and conditions specified in the MRA.

2. If the professional qualifications of a service supplier of a Party are recognised by the other Party pursuant to an MRA, the relevant authorities of the host jurisdiction shall accord to this service supplier treatment no less favourable than that accorded in like situations to a like service supplier whose professional qualifications have been certified or attested in the Party's own jurisdiction.

3. (a) Recognition under an MRA cannot be conditioned upon: a service supplier meeting a citizenship or any form of residency requirement; or

(b) a service supplier's education, experience or training having been acquired in the Party's own jurisdiction.

Article 11.5. Joint Committee on Mutual Recognition of Professional Qualifications

The MRA Committee responsible for the implementation of Article 11.3 shall:

(a) be composed of and co-chaired by representatives of Canada and the European Union, which must be different from the relevant authorities or professional bodies referred to in Article 11.3.1. A list of those representatives shall be confirmed through an exchange of letters;

(b) meet within one year after this Agreement enters into force, and thereafter as necessary or as decided;

(c) determine its own rules of procedure;

(d) facilitate the exchange of information regarding laws, regulations, policies and practices concerning standards or criteria for the authorisation, licensing or certification of regulated professions;

(e) make publicly available information regarding the negotiation and implementation of MRAs;

(f) report to the CETA Joint Committee on the progress of the negotiation and implementation of MRAs; and

(g) as appropriate, provide information and complement the guidelines set out in Annex 11-A.

Article 11.6. Guidelines for the Negotiation and Conclusion of MRAs

As part of the framework to achieve mutual recognition of qualifications, the Parties set out in Annex 11-A non-binding guidelines with respect to the negotiation and conclusion of MRAs.

Article 11.7. Contact Points

Each Party shall establish one or more contact points for the administration of this Chapter.

Chapter TWELVE. Domestic Regulation

Article 12.1. Definitions

For the purposes of this Chapter:

authorisation means the granting of permission to a person to supply a service or to pursue any other economic activity;

competent authority means any government of a Party, or non-governmental body in the exercise of powers delegated by any government of a Party, that grants an authorisation;

licensing procedures means administrative or procedural rules, including for the amendment or renewal of a licence, that must be adhered to in order to demonstrate compliance with licensing requirements;

licensing requirements means substantive requirements, other than qualification requirements, that must be complied with in order to obtain, amend or renew an authorisation;

qualification procedures means administrative or procedural rules that must be adhered to in order to demonstrate compliance with qualification requirements; and

qualification requirements means substantive requirements relating to competency that must be complied with in order to obtain, amend or renew an authorisation.

Article 12.2. Scope

1. This Chapter applies to a measure adopted or maintained by a Party relating to licensing requirements, licensing procedures, qualification requirements, or qualification procedures that affect:

(a) the cross-border supply of services as defined in Article 9.1 (Definitions);

(b) the supply of a service or pursuit of any other economic activity, through commercial presence in the territory of the other Party, including the establishment of such commercial presence; and

(c) the supply of a service through the presence of a natural person of the other Party in the territory of the Party, in accordance with Article 10.6.2 (Obligations in other chapters).

2. This Chapter does not apply to licensing requirements, licensing procedures, qualification requirements, or qualifi- cation procedures:

(a) pursuant to an existing non-conforming measure maintained by a Party as set out in its Schedule to Annex I; or

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