Federal

Measures:

Pilotage Act, R.S.C. 1985, c. P-14

General Pilotage Regulations, C.R.C. 1978, c. 1263

Atlantic Pilotage Authority Regulations, C.R.C. 1978, c. 1264

Laurentian Pilotage Authority Regulations, C.R.C. 1978, c. 1268

Great Lakes Pilotage Regulations, C.R.C. 1978, c. 1266

Pacific Pilotage Regulations, C.R.C. 1978, c. 1270

Description:

Cross-Border Services

Subject to Schedule of Canada, Annex II, page II-C-13, a license issued by the relevant regional Pilotage Authority is required to provide pilotage services in the territory of Canada. Only Canadian citizens or permanent residents may obtain such a license. A permanent resident of Canada who has been issued a pilot's license must become a Canadian citizen within five years of receipt of the license in order to retain it.

Phase-Out:

None

Sector:

Transportation

Sub-Sector:

Water Transportation

Industry Classification:

SIC 454 Water Transport Industries

Type of Reservation:

Local Presence (Article H-05)

Level of Government:

Federal

Measures:

Shipping Conferences Exemption Act, 1987, R.S.C. 1985, c. 17 (3rd Supp.)

Description:

Cross-Border Services

Members of a shipping conference must maintain jointly an office or agency in the region of Canada where they operate. A shipping conference is an association of ocean carriers that has the purpose or effect of regulating rates and conditions for the transportation by those carriers of goods by water.

Phase-Out:

None

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

Type of Reservation:

Most-Favored-Nation Treatment (Article H-03)

Level of Government:

Federal

Measures:

Coasting Trade Act, S.C. 1992, c. 31

Description:

Cross-Border Services

The prohibitions under the Coasting Trade Act, set out in Schedule of Canada, Annex II, page II-C-11, do not apply to any vessel that is owned by the U.S. Government when used solely for the purpose of transporting goods owned by the U.S. Government from the territory of Canada to supply Distant Early Warning sites.

Phase-Out:

None

Annex I. Schedule of Chile

Sector:

All Sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National Treatment (Article G-02)

Measures:

Decreto Ley 1.939, Diario Oficial, noviembre 10, 1977,

Normas sobre adquisición, administración y disposición de bienes del Estado

Decreto con Fuerza de Ley 4 del Ministerio de Relaciones Exteriores, Diario Oficial, noviembre 10, 1967

Description:

Investment

Chile when disposing of the ownership or any other right over State land may only do so to Chilean natural or juridical persons. State land for these purposes refers to State land up to a distance of 10 kilometres from the borderfront and up to a distance of 5 kilometres from the oceanfront.

Corporeal immovable property situated in borderland and declared "borderland zone" by virtue of Decreto con Fuerza de Ley 4, 1967, by the Ministerio de Relaciones Exteriores may not be acquired, either as property or in another quality, by natural persons with nationality in a neighbouring country or juridical persons with its principal seat in a neighbouring country or with 40 per cent or more of its capital belonging to such natural persons or its effective control is exercised by such natural persons.

Phase-Out::

None

Sector:

All Sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National Treatment (Article H-02)

Most-Favoured Nation Treatment (Article H-03)

Local Presence (Article H-05)

Measures:

Additional non-conforming measures

Description:

Cross-Border Services

Additional non-conforming measures with respect to a sector or sub-sector for which a reservation has not been taken pursuant to Article H-06(1) in Chile's Schedule to Annex I. This reservation does not include computer-related services, and technical testing and analysis services.

Phase-out:

None

Sector:

All Sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National Treatment (Article G-02)

Senior Management and Boards of Directors (Article G-07)

Measures:

As set out in the Description element

Description:

Investment

Chile, when selling or disposing of its equity interests in, or the assets of, an existing state enterprise or an existing governmental entity, may prohibit or impose limitations on the ownership of such interests or assets, and on the ability of owners of such interests or assets to control any resulting enterprise, by investors of Canada or of a non-Party or their investments. With respect to such a sale or other disposition, Chile may adopt or maintain any measure relating to the nationality of senior management or members of the board of directors.

For purposes of this reservation:

1. any measure maintained or adopted after the date of entry into force of this Agreement that, at the time of sale or other disposition, prohibits or imposes limitations on the ownership of equity interests or assets or imposes nationality requirements described in this reservation shall be deemed to be an existing measure; and

2. "state enterprise" means an enterprise owned or controlled through ownership interests by Chile and includes an enterprise established after the date of entry into force of this Agreement solely for the purposes of selling or disposing of equity interests in, or the assets of, an existing state enterprise or governmental entity.

Phase-Out:

None

Sector:

All Sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National Treatment (Article G-02)

Measures:

Decreto con Fuerza de Ley 1 del Ministerio del Trabajo y Prevision Social, Diario Oficial, enero 24, 1994, Código del Trabajo

Description:

Investment

A minimum of 85 per cent of employees who work for the same employer shall be Chilean natural persons. This rule applies to employers with more than 25 employees under a contract of employment (contrato de trabajo). Expert technical personnel, who cannot be replaced by national personnel, shall not be subject to this provision as determined by the Dirección General del Trabajo.

An employee shall be understood to mean any natural person who renders intellectual or material services, under dependence or subordination, pursuant to a contract of employment.

Phase-out:

None

Sector:

Automotive

Sub-Sector:

Industry Classification:

CPC

Type of Reservation:

Performance requirements (Article G-06)

Measures:

Ley 18.483, Diario Oficial, diciembre 28, 1985, Régimen Legal para la Industria Automotriz

Description:

Investment

In order to qualify for the benefits established in Ley 18.483, it is required to be registered in the Registros de la Comisión Automotriz and comply with the minimum national content, as set out in Annex C-03.2

Phase-Out:

As set out in Annex C-03.2.

Sector:

Business Services

Sub-Sector:

Research Services

Industry Classification:

CPC 851 Research and experimental development services on natural sciences and engineering

CPC 853 Interdisciplinary research and experimental development services

CPC 882 Services incidental to fishing

Type of Reservation:

National Treatment (Article H-02)

Measures:

Decreto Supremo 711 del Ministerio de Defensa Nacional, Diario Oficial, octubre 15, 1975

Description:

Cross-Border Services

Foreign juridical persons or natural persons intending to conduct research in the Chilean 200-mile maritime zone, shall be required to submit a request six months in advance and shall comply with the requirements established by the corresponding regulations.

Phase-out:

None

Sector:

Business Services

Sub-Sector:

Research Services

Industry Classification:

CPC 851 Research and experimental development services on natural sciences and engineering

CPC 853 Interdisciplinary research and experimental development services