Description:
Cross-Border Services and Investment
Canada reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities.
Existing Measures:
Sector:
Social Services
Sub-Sector:
Industry Classification:
Type of Reservation:
National Treatment (Articles G-02, H-02)
Most-Favoured-Nation Treatment (Article H-03)
Local Presence (Article H-05)
Senior Management and Boards of Directors (Article G-07)
Description:
Cross-Border Services and Investment
Canada reserves the right to adopt or maintain any measure with respect to the provision of public law enforcement and correctional services, and 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, and child care.
Existing Measures:
Sector:
Transportation
Sub-Sector:
Air Transportation
Industry Classification:
SIC 4513 Non-Scheduled Air Transport, Specialty Industry
Type of Reservation:
National Treatment (Article G-02)
Most-Favoured-Nation Treatment (Article G-03)
Senior Management and Boards of Directors (Article G-07)
Description:
Investment
Canada reserves the right to adopt or maintain any measure that restricts the acquisition or establishment of an investment in Canada for the provision of specialty air services to a Canadian national or a corporation incorporated and having its principal place of business in Canada, its chief executive officer and not fewer than two-thirds of its directors as Canadian nationals, and not less than 75 percent of its voting interest owned and controlled by persons otherwise meeting these requirements.
Existing Measures:
Aeronautics Act, R.S.C. 1985, c. A-2
Air Regulations, C.R.C. 1978, c. 2
Aircraft Marking and Registration Regulations, SOR/90-591
Sector:
Transportation
Sub-Sector:
Water Transportation
Industry Classification:
SIC 4129 Other Heavy Construction (limited to dredging)
SIC 4541 Freight and Passenger Water Transport Industry
SIC 4542 Ferry Industry
SIC 4543 Marine Towing Industry
SIC 4549 Other Water Transport Industries
SIC 4552 Harbour and Port Operation Industries (limited to berthing, bunkering and other vessel operations in a port)
SIC 4553 Marine Salvage Industry
SIC 4554 Piloting Service, Water Transport Industry
SIC 4559 Other Service Industries Incidental to Water Transport (not including landside aspects of port activities)
Type of Reservation:
National Treatment (Articles G-02, H-02)
Most-Favoured-Nation Treatment (Articles G-03, H-03)
Local Presence (Article H-05)
Performance Requirements (Article G-06)
Senior Management and Boards of Directors (Article G-07)
Description:
Existing Measures:
Cross-Border Services and Investment
Canada reserves the right to adopt or maintain any measure relating to investment in or provision of maritime cabotage services, including:
a. the transportation of goods or passengers by vessel between points in the territory of Canada and in its Exclusive Economic Zone;
b. with respect to waters above the continental shelf, the transportation of goods or passengers in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf; and
c. the engaging by vessel in any maritime activity of a commercial nature in the territory of Canada and in its Exclusive Economic Zone and, with respect to waters above the continental shelf, in such other maritime activities of a commercial nature in relation to the exploration, exploitation or transportation of mineral or non-living natural resources of the continental shelf.
This reservation relates to, among other things, local presence requirements for service providers entitled to participate in these activities, criteria for the issuance of a temporary cabotage license to foreign vessels and limits on the number of cabotage licenses issued to foreign vessels.
Coasting Trade Act, S.C. 1992, c. 31
Canada Shipping Act, R.S.C. 1985, c. S-9
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
Type of Reservation:
Most-Favoured-Nation Treatment (Article H-03)
Description:
Cross-Border Services
Canada reserves the right to adopt or maintain any 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:
a. Memorandum of Arrangements on Great Lakes Pilotage;
b. Canada - United States Joint Marine Pollution Contingency Plan;
c. Agreement with the United States on Loran "C" Service on the East and West Coasts; and
d. Denmark - Canada Joint Marine Pollution Circumpolar Agreement.
Annex II. Schedule of Chile
Sector:
Aboriginal Affairs
Sub-Sector:
Industry Classification:
Type of Reservation:
National Treatment (Articles G-02, H-02)
Most-Favoured-Nation Treatment (Articles G-03, H-03)
Local Presence (Article H-05)
Performance Requirements (Article G-06)
Senior Management and Boards of Directors (Article G-07)
Description:
Cross-Border Services
and Investment
Chile reserves the right to adopt or maintain any measure denying investors of Canada and their investments, or service providers of Canada, any rights or preferences provided to aboriginal peoples.
Existing Measures:
Sector:
All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation:
National Treatment (Article G-02)
Description:
Investment
Chile reserves the right to adopt or maintain any measure relating to residency requirements for the ownership by investors of the other Party, or their investments, of oceanfront land.
A Chilean natural person, a person resident in Chile or a Chilean juridical person may own or control land used for agriculture. Chile otherwise reserves the right to adopt or maintain any measure relating to the ownership or control of such land. In the case of a juridical person, the majority of each class of shares may be required to be owned by Chilean natural persons or persons resident in the country. A resident is considered a person residing in Chile for 183 days a year or more.
Existing Measures:
Decreto Ley 1.939, Diario Oficial, noviembre 10, 1977, Normas sobre Adquisición, administración y disposición de bienes de Estado.
Sector:
Communications
Sub-Sector:
Telecommunications Transport Networks and Services, Radiocommunications and Submarine Cables
Industry Classification:
Type of Reservation:
National Treatment (Article G-02)
Most-Favoured-Nation Treatment (Article G-03)
Senior Management and Board of Directors (Article G-07)
Description:
Investment
Chile reserves the right to adopt or maintain any measure relating to investment in telecommunications transport networks and telecommunications transport services, radiocommunications and submarine cables, including ownership restrictions and measures concerning corporate officers and directors and place of incorporation.
This reservation does not apply to providers of enhanced or value-added services whose underlying telecommunications transmission facilities are leased from providers of public telecommunications transport networks.
Existing Measures:
Sector:
Communications
Sub-Sector:
Telecommunications Transport Networks and Services, and Radiocommunications and Submarine Cables
Industry Classification:
Type of Reservation:
National Treatment (Article H-02)
Most-Favoured-Nation Treatment (Article H-03)
Local Presence (Article H-05)
Description:
Cross-Border Services
Chile reserves the right to adopt or maintain any measure relating to radiocommunications, submarine cables and the provision of telecommunications transport networks and telecommunications transport services. These measures may apply to such matters as market entry, spectrum assignment, tariffs, intercarrier agreements, terms and conditions of service, interconnection between networks and services, and routing requirements that impede the provision, on a cross-border basis, of telecommunications transport networks and telecommunications transport services, radiocommunications and submarine cables.
Telecommunications transport services typically involve, the real time transmission of customer-supplied information between two or more points, without any end-to-end change in the form or content of the customer's information whether or not such services are offered to the public generally. These services include voice and data services by wire, radiocommunications or any other electromagnetic means of transmission.
This reservation does not apply to measures relating to the cross-border provision of enhanced or value-added services.
Existing Measures:
Sector: