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Canada-Chile Free Trade Agreement
[ Index
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Annex II
Reservations for Future Measures (Chapters G and H)
- The Schedule of a Party sets out, pursuant to Articles G-08(3)
(Investment) and H-06(3) (Cross-Border Trade in Services), the
reservations taken by that Party with respect to specific sectors,
sub-sectors or activities for which it may maintain existing, or
adopt new or more restrictive, measures that do not conform with
obligations imposed by:
(a) Article G-02 or H-02 (National Treatment);
(b) Article G-03 or H-03 (Most-Favoured-Nation Treatment);
(c) Article H-05 (Local Presence);
(d) Article G-06 (Performance Requirements); or
(e) Article G-07 (Senior Management and Boards of Directors).
- Each reservation sets out the following elements:
(a) Sector refers to the general sector in which the reservation
is taken;
(b) Sub-Sector refers to the specific sector in which the reservation
is taken;
(c) Industry Classification refers, where applicable, to the activity
covered by the reservation according to domestic industry classification codes;
(d) Type of Reservation specifies the obligation referred to in
paragraph 1 for which a reservation is taken;
(e) Description sets out the scope of the sector, sub-sector or
activities covered by the reservation; and
(f) Existing Measures identifies, for transparency purposes, existing
measures that apply to the sector, sub-sector or activities covered by the
reservation.
- In the interpretation of a reservation, all elements of the reservation
shall be considered. The Description element shall prevail
over all other elements.
- Unless otherwise stated in the Description element, a Chilean
juridical person includes an enterprise of the other Party that is
constituted or organized in Chile in a form which under Chilean law
is recognized as being a juridical person.
- For purposes of this Annex:
CPC means Central Product Classification (CPC) numbers as set out in
Statistical Office of the United Nations, Statistical Papers, Series M, No. 77,
Provisional Central Product Classification, 1991; and
SIC means with respect to Canada, Standard Industrial Classification
(SIC) numbers as set out in Statistics Canada, Standard Industrial
Classification, fourth edition, 1980.
Annex II
Schedule of Canada
| 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
Canada reserves the right to adopt or maintain any measure denying investors
of Chile and their investments, or service providers of Chile, any rights or
preferences provided to aboriginal peoples.
| | Existing Measures: |
Constitution Act, 1982, being Schedule B of the Canada Act 1982
(U.K.), 1982, c. 11
|
| Sector: | All Sectors
| | Sub-Sector:
|
|
| Industry Classification: |
|
| Type of Reservation: |
National Treatment (Article G-02 )
| | Description: | Investment
Canada reserves the right to adopt or maintain any measure relating to
residency requirements for the ownership by investors of Chile, or their
investments, of oceanfront land.
| | Existing Measures: |
|
| Sector: |
Communications
| | Sub-Sector: | Telecommunications Transport
Networks and Services, Radiocommunications and Submarine Cables
| | Industry Classification: |
CPC 752 Telecommunications Services
CPC 7543 Connection Services
CPC 7549 Other Telecommunications Services Not Elsewhere Classified (limited
to telecommunications transport networks and services)
| | 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 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: |
Bell Canada Act, S.C. 1987, c. 19
British Columbia Telephone Company Special Act, S.C. 1916, c. 66
Teleglobe Canada Reorganization and Divestiture Act, S.C. 1987, c. 12
Telesat Canada Reorganization and Divestiture Act, S.C 1991, c. 52
Radiocommunication Act, R.S.C. 1985, c. R-2
Telegraphs Act, R.S.C. 1985, c. T-5
Telecommunications Policy Framework, 1987
|
| Sector: |
Communications
| | Sub-Sector: | Telecommunications Transport
Networks and Services, Radiocommunications and Submarine Cables
| | Industry Classification: | CPC 752
Telecommunications Services (not including enhanced or value-added services)
CPC 7543 Connection Services
CPC 7549 Other Telecommunications Services Not Elsewhere Classified (limited
to telecommunications transport networks and services)
| | Type of Reservation: |
National Treatment (Article H-02)
Most-Favoured-Nation Treatment (Article H-03)
Local Presence (Article H-05)
| | Description: | Cross-Border Services
Canada 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.
| | Existing Measures: |
This reservation does not apply to measures relating to the cross-border
provision of enhanced or value-added services.
Bell Canada Act, S.C. 1987, c. 19
British Columbia Telephone Company Special Act, S.C. 1916, c. 66
Railway Act, R.S.C. 1985, c. R-3
Radiocommunication Act, R.S.C. 1985, c. R-2
Telegraphs Act, R.S.C. 1985, c. T-5
Telecommunications Policy Framework, 1987
Telecommunications Decisions, C.R.T.C., including (85-19), (90-3),
(91-10), (91-21), (92-11) and (92-12)
|
| Sector: |
Government Finance
| | Sub-Sector: | Securities
| | Industry Classification: | SIC 8152
Finance and Economic Administration
| | Type of Reservation: |
National Treatment (Article G-02)
| | Description: | Investment
Canada reserves the right to adopt or maintain any measure relating to the
acquisition, sale or other disposition by nationals of Chile of bonds, treasury
bills or other kinds of debt securities issued by the Government of Canada, a
province or local government.
| | Existing Measures: | Financial
Administration Act, R.S.C. 1985, c. F-11
|
| Sector: |
Minority Affairs
| | Sub-Sector: |
| | Industry Classification: |
| | Type of Reservation: |
National Treatment (Articles G-02, H-02)
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
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:
- the transportation of goods or passengers by vessel between
points in the territory of Canada and in its Exclusive Economic Zone;
- 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
- 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:
- 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; and
- Denmark - Canada Joint Marine Pollution Circumpolar Agreement.
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