Title:Annex II -- Schedule of Canada
Author: White House
Document-Date: 29 Sept 1993
Content-Type: text/plain; CHARSET=US-ASCII
Content-Length: 26428









                                                            Annex II - Canada




                                         Annex II
                                    Schedule of Canada

              
              Sector:             Aboriginal Affairs
              
              Sub-Sector:
              
              Industry
              Classification:
              
              Type of             National Treatment (Articles 1102, 1202)
              Reservation:        Most-Favored-Nation Treatment (Articles 1103,
                                  1203)
                                  Local Presence (Article 1205)
                                  Performance Requirements (Article 1106)
                                  Senior Management and Boards of Directors
                                  (Article 1107)

              Description:        Cross-Border Services and Investment

                                  Canada reserves the right to adopt or
                                  maintain any measure denying investors of
                                  another Party and their investments, or
                                  service providers of another Party, 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


















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                                                        Annex II - Canada




          Sector:             All Sectors
          
          Sub-Sector:
          
          Industry
          Classification:
          
          Type of             National Treatment (Article 1102)
          Reservation:

          Description:        Investment

                              Canada reserves the right to adopt or
                              maintain any measure relating to residency
                              requirements for the ownership by investors
                              of another Party, or their investments, of
                              oceanfront land.
          
          Existing Measures:





























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              Sector:             Communications

              Sub-Sector:         Telecommunications Transport Networks and
                                  Services, Radiocommunications and Submarine
                                  Cables

              Industry            CPC 752   Telecommunications Services
              Classification:     CPC 7543  Connection Services 
                                  CPC 7549  Other Telecommunications Services
                                            Not Elsewhere Classified (limited
                                            to telecommunications transport
                                            networks and services)

              Type of             National Treatment (Article 1102)
              Reservation:        Most-Favored-Nation Treatment (Article 1103)
                                  Senior Management and Boards of Directors
                                  (Article 1107)

              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, 


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                                                        Annex II - Canada




                              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









































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                                                            Annex II - Canada




              Sector:             Communications

              Sub-Sector:         Telecommunications Transport Networks and
                                  Services, Radiocommunications and Submarine
                                  Cables

              Industry            CPC 752   Telecommunications Services (not
              Classification:               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             National Treatment (Article 1202)
              Reservation:        Most-Favored-Nation Treatment (Article 1203)
                                  Local Presence (Article 1205)

              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



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                              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:  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)
























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                                                            Annex II - Canada




              Sector:             Government Finance

              Sub-Sector:         Securities

              Industry            SIC 8152  Finance and Economic Administration
              Classification:
              
              Type of             National Treatment (Article 1102)
              Reservation:

              Description:        Investment

                                  Canada reserves the right to adopt or
                                  maintain any measure relating to the
                                  acquisition, sale or other disposition by
                                  nationals of another Party 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


























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                                                        Annex II - Canada




          Sector:             Minority Affairs

          Sub-Sector:

          Industry
          Classification:
          
          Type of             National Treatment (Articles 1102, 1202)
          Reservation:        Local Presence (Article 1205)
                              Performance Requirements (Article 1106)
                              Senior Management and Boards of Directors
                              (Article 1107)

          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:



























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                                                            Annex II - Canada




              Sector:             Social Services

              Sub-Sector:

              Industry
              Classification:
              
              Type of             National Treatment (Articles 1102, 1202)
              Reservation:        Most-Favored-Nation Treatment (Article 1203)
                                  Local Presence (Article 1205)
                                  Senior Management and Boards of Directors
                                  (Article 1107)

              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:





















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          Sector:             Transportation

          Sub-Sector:         Air Transportation

          Industry            SIC 4513  Non-Scheduled Air Transport,
          Classification:               Specialty, Industry
          
          Type of             National Treatment (Article 1102)
          Reservation:        Most-Favored-Nation Treatment (Article 1103)
                              Senior Management and Boards of Directors
                              (Article 1107)

          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















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                                                            Annex II - Canada




              Sector:             Transportation
              
              Sub-Sector:         Water Transportation
              
              Industry            SIC 4129  Other Heavy Construction (limited
              Classification:               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             National Treatment (Articles 1102, 1202)
              Reservation:        Most-Favored-Nation Treatment (Articles 1103,
                                  1203)
                                  Local Presence (Article 1205)
                                  Performance Requirements (Article 1106)
                                  Senior Management and Boards of Directors
                                  (Article 1107)

              Description:        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


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                                   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. 

          Existing Measures:  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














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              Sector:             Transportation

              Sub-Sector:         Water Transportation

              Industry            SIC 4541  Freight and Passenger Water
              Classification:               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             National Treatment (Articles 1102, 1202)
              Reservation:        Most-Favored-Nation Treatment (Articles 1103,
                                  1203)
                                  Local Presence (Article 1205)
                                  Performance Requirements (Article 1106)
                                  Senior Management and Boards of Directors
                                  (Article 1107)

              Description:        Cross-Border Services and Investment

                                  Canada reserves the right to adopt or
                                  maintain any measure denying service
                                  providers or investors of the United States,
                                  or their investments, the benefits accorded
                                  service providers or investors of Mexico or
                                  any other country, or their investments, in
                                  sectors or activities equivalent to those
                                  subject to Schedule of the United States,
                                  Annex II, page II-U-9.

              Existing Measures:









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          Sector:             Transportation

          Sub-Sector:         Water Transportation

          Industry            SIC 4541  Freight and Passenger Water
          Classification:               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             Most-Favored-Nation Treatment (Article 1203)
          Reservation:

          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;


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                                  (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.










































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