Canada Shipping Act, 2001, S.C. 2001, c. 26
Customs Act, R.S.C. 1985, c. 1 (2nd Supp.)
Customs and Excise Offshore Application Act, R.S.C. 1985, c. C-53
Sector:
Transportation
Sub-sector:
Water Transportation
Industry Classification:
SIC 4541 Freight and Passenger Water Transport Industry
SIC 4542 Ferry Industry
SIC 4543 Marine Towing Industry
SIC 4549 Other Water Transport Industries
SIC 4551 Marine Cargo Handling Industry
SIC 4552 Harbour and Port Operation Industries
SIC 4553 Marine Salvage Industry
SIC 4554 Piloting Service, Water Transport Industry
SIC 4559 Other Service Industries Incidental to Water Transport
CPC 721 Transport Services by Sea-going Vessels
CPC 722 Transport Services by Non-sea-going Vessels
CPC 74510 Port and Waterway Operation Services (excluding cargo handling)
CPC 74520 Pilotage and Berthing Services
CPC 74590 Other Supporting Services for Water Transport
Type of Reservation:
Most-Favoured-Nation Treatment (Article 10.04)
Description: Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure relating to the implementation of agreements, arrangements and other formal or informal undertakings with other countries with respect to maritime activities in waters of mutual interest in such areas as pollution control (including double hull requirements for oil tankers), safe navigation, barge inspection standards, water quality, pilotage, salvage, drug abuse control and maritime communications.
Existing Measures:
United States Wreckers Act, R.S.C. 1985, c. U-3
Various agreements and arrangements, including:
Memorandum of Arrangements on Great Lakes Pilotage;
Canada - United States Joint Marine Pollution Contingency Plan;
Agreement with the United States on Loran “C” Service on the East and West Coasts;
Denmark - Canada Joint Marine Pollution Circumpolar Agreement.
Sector:
All Sectors
Sub-sector:
Industry Classification:
Type of Reservation:
Most-Favoured-Nation Treatment (Article 9.05)
Description: Investment
Canada reserves the right to adopt or maintain a measure that accords differential treatment to countries under a bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
Canada reserves the right to adopt or maintain a measure that accords differential treatment to a country under an existing or future bilateral or multilateral agreement relating to:
aviation;
fisheries; or
maritime matters, including salvage.
Existing Measures:
Sector:
All Sectors
Sub-sector:
Industry Classification:
Type of Reservation:
Market Access (Article 10.05)
Description: Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure that is not inconsistent with Canada’s obligations under Article XVI of the GATS.
Existing Measures:
Annex II. Schedule of Panama
Sector:
Social Services
Sub-sector:
Industry Classification:
Type of Reservation:
National Treatment (Articles 9.04 and 10.03)
Most-Favoured-Nation Treatment (Articles 9.05 and 10.04)
Local Presence (Article 10.06)
Performance Requirements (Article 9.07)
Senior Management and Boards of Directors (Article 9.08)
Market Access (Article 10.05)
Description: Investment and Cross-Border Trade in Services
Panama reserves the right to adopt or maintain a measure for providing law enforcement and correctional services, as well as the following services to the extent that they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health care or child care.
Existing Measures:
Sector:
Native Populations and Minorities
Sub-sector:
Industry Classification:
Type of Reservation:
National Treatment (Articles 9.04 and 10.03)
Most-Favoured-Nation Treatment (Articles 9.05 and 10.04)
Local Presence (Article 10.06)
Performance Requirements (Article 9.07)
Senior Management and Boards of Directors (Article 9.08)
Description: Investment and Cross-Border Trade in Services
Panama reserves the right to adopt or maintain a measure denying to foreign investors and their investments or to foreign service providers a right or privilege granted to minorities with social or economic disadvantages or native populations in their reservation areas.
Existing Measures:
Sector:
Issues Related to the Panama Canal
Sub-sector:
Industry Classification:
Type of Reservation:
National Treatment (Articles 9.04 and 10.03)
Local Presence (Article 10.06)
Performance Requirements (Article 9.07)
Senior Management and Boards of Directors (Article9.08)
Market Access (Article 10.05)
Description: Investment and Cross-Border Trade in Services
Panama reserves the right to adopt or maintain a measure related to the management, administration, operation, maintenance, conservation, modernization, exploitation, development or ownership of the Panama Canal and the reverted areas that restrict the rights of foreign investors and services providers.
The Panama Canal includes the aquatic route proper, as well as its anchorages, dock berths and entrances; lands and marine, lacustrine and fluvial waters; locks; auxiliary dams; docks; and water control structures.
The reverted areas under the administration of the Inter-Oceanic Region Authority include the lands, buildings and facilities and other goods that have reverted to the Republic of Panama according to the Treaty of the Panama Canal of 1977 and its Annexes(Torrijos-Carter Treaty).
Notwithstanding Panama’s reservation in the Schedule of Panama, Annex II at page II-PA-9, Panama shall accord to investors of Canada treatment with respect to the Panama Canal and the reverted areas no less favourable than it accords, in like circumstances, to investors of a non-Party under a free trade agreement in force or signed prior to the date of entry into force of this Agreement.
Existing Measures:
Sector:
State Enterprises
Sub-sector:
Industry Classification:
Type of Reservation:
National Treatment (Article 9.04)
Senior Management and Boards of Directors (Article 9.08)
Description: Investment
Panama reserves the right to limit the transfer or disposal of an interest held in an existing state enterprise so that only Panamanian nationals may receive that interest. This reservation only applies to the initial transfer or disposal of the interest, except as provided in the Schedule of Panama, Annex I at page I-PA-4 (Public Utilities).
For greater certainty,
where Panama transfers an interest in an existing state enterprise to another state enterprise, that transfer is not an initial transfer or disposal of the interest for purposes of paragraph 1; and
where Panama transfers or disposes of an interest in an existing state enterprise in multiple phases, paragraph 1 applies separately to each phase.
If Panama transfers or disposes of an interest in an existing state enterprise as described in paragraph 1, Panama may adopt or maintain a measure related to the nationality of the senior management and members of the board of directors of an enterprise that receives that interest.
Existing Measures:
Sector:
Construction Services
Sub-sector:
Industry Classification:
Type of Reservation:
National Treatment (10.03)
Local Presence (Article 10.06)
Description: Cross-Border Trade in Services
Panama reserves the right to adopt or maintain residency, registration or other local presence requirements, or to require a financial guarantee provided that it is necessary to ensure compliance with Panamanian law and private contractual obligations.
Existing Measures:
Sector:
Fisheries and Services Incidental to Fishing
Sub-sector:
Industry Classification:
Type of Reservation:
National Treatment (Article 9.04 and 10.03)
Most-Favoured-Nation Treatment (Article 9.05 and 10.04)
Description: Investment and Cross-Border Trade in Services
Panama reserves the right to adopt or maintain a measure relating to requirements for investments in, ownership or control of, and operation of, vessels engaged in fishing and related activities in waters under Panamanian jurisdiction.
Existing Measures:
Sector:
All Sectors (For greater certainty, this reservation is subject to paragraph 4 of the Schedule of Panama, Annex II at pageII-PA-4)
Sub-sector:
Industry Classification:
Type of Reservation:
Most-Favoured-Nation Treatment (Articles 9.05)
Description: Investment
Panama reserves the right to adopt or maintain a measure that accords differential treatment to countries under a bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
Panama reserves the right to adopt or maintain a measure that accords differential treatment to countries under a bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement, involving:
aviation;
fisheries; or
maritime matters, including salvage.
Existing Measures:
Sector:
All Sectors
Sub-sector:
Industry Classification: