Language selection

Search

Canada-Honduras Free Trade Agreement

Annex II

Schedule of Canada

Reservations for Future Measures

1. The Schedule of a Party sets out, under Article 10.9 (Investment – Reservations and Exceptions) and 11.7 (Cross-Border Trade in Services – Reservations), the reservations taken by that Party for 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:

2.Each reservation sets out the following elements:

3.In the interpretation of a reservation, all elements of the reservation, with the exception of Industry Classification, shall be considered. The Description element shall prevail over all other elements.

4.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 Standard Industrial Classification (SIC) numbers as set out in Statistics Canada, Standard Industrial Classification, fourth edition, 1980.

5.For the purposes of this Annex, the use of the term “any measure” by Honduras and “a measure” by Canada means one or more measures.

Sector: Aboriginal Affairs

Sub-sector: 

Industry Classification:

Type of Reservation: National Treatment (Articles 10.4 and 11.3)
Most-Favoured-Nation Treatment (Articles 10.5 and 11.4)
Local Presence (Article 11.5)
Performance Requirements (Article 10.7)
Senior Management and Boards of Directors (Article 10.8)

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure denying investors of Honduras and their investments, or service providers of Honduras, a right or preference 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 10.4)

Description: Investment

Canada reserves the right to adopt or maintain a measure relating to residency requirements for the ownership of oceanfront land by investors of Honduras or their investments.

Existing Measures:

Sector: Communications

Sub-sector: Telecommunications Transport Networks and Services Radiocommunications

Industry Classification: CPC 752 Telecommunication Services

Type of Reservation: National Treatment (Article 10.4)
Senior Management and Boards of Directors (Article 10.8)

Description: Investment

1. Canada reserves the right to adopt or maintain a measure:

2. The following exceptions apply to this reservation:

Existing Measures: Telecommunications Act, S.C. 1993, c. 38
Canadian Telecommunications Common Carrier Ownership and Control Regulations, SOR/94-667
Radiocommunication Act, R.S.C. 1985, c. R-2
Radiocommunication Regulations, SOR/96-484

Sector: Communications

Sub-sector: Telecommunications Transport Networks and Services Radiocommunications
Telecommunication Services

Industry Classification: CPC 7529 Other telecommunication services
CPC 7549 Other telecommunications services not elsewhere classified

Type of Reservation: Local Presence (Article 11.5)
National Treatment (Article 10.4)
Senior Management and Boards of Directors (Article 10.8)

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure relating to providing, or investing, in telecommunications services classified in CPC 7529, excluding mobile services, and CPC 7549.

Existing Measures: Radiocommunication Act, R.S.C. 1985, c. R-2
Radiocommunication Regulations,SOR/96-484
Telecommunications Act, S.C. 1993, c. 38
Canadian Telecommunications Common Carrier Ownership and Control Regulations, SOR/94-667

Sector: Communications

Sub-sector: Telecommunications Transport Networks and Services

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 10.4)

Description: Investment

Canada reserves the right to adopt or maintain a measure that may limit competition in providing local wireline telephone services in the serving areas of Northwestel Inc.

Existing Measures: Telecommunications Act, S.C. 1993, c. 38

Sector: Fisheries

Sub-Sector: Fishing and Fishing Related Services and Investment

Industry Classification: SIC 031 Fishing Industry
SIC 032 Services Incidental to Fishing
CPC 882 Services Incidental to Fishing

Type of Reservation: National Treatment (Articles 10.4 and 11.3)
Most-Favoured-Nation Treatment (Articles 10.5 and 11.4)

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure with respect to issuing licenses to foreign fishing vessels and with respect to allowing foreign fishing vessels to access Canada’s territory.

Existing Measures: Fisheries Act, R.S.C. 1985, c. F-14
Coastal Fisheries Protection Act, R.S.C. 1985, c. C-33
Coastal Fisheries Protection Regulations, C.R.C. 1978, c. 413
Commercial Fisheries Licensing Policy
Policy on Foreign Investment in the Canadian Fisheries Sector, 1985

Sector: Government Finance

Sub-sector: Securities

Industry Classification: SIC 8152 Finance and Economic Administration

Type of Reservation: National Treatment (Article 10.4)

Description: Investment

Canada reserves the right to adopt or maintain a measure relating to the acquisition, sale or other disposition by nationals of Honduras of bonds, treasury bills or other kinds of debt securities issued by the Government of Canada or a Canadian sub-national 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 10.4 and 11.3)
Local Presence (Article 11.5)
Performance Requirements (Article 10.7)
Senior Management and Boards of Directors (Article 10.8)

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure conferring rights or privileges to a socially or economically disadvantaged minority.

Existing Measures:

Sector: Social Services

Sub-sector:

Industry Classification:

Type of Reservation:National Treatment (Articles 10.4 and 11.3)
Most-Favoured-Nation Treatment (Article 10.5 and 11.4)
Local Presence (Article 11.5)
Senior Management and Boards of Directors (Article 10.8)

Description: Investment and Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure related to providing public 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, and child care.

Existing Measures:

Sector: Transportation

Sub-sector: Air Transportation

Industry Classification: SIC 4523 Aircraft Servicing Industry
SIC 3211 Aircraft and Aircraft Parts Industry

Not CPC-defined: Aircraft repair and maintenance services, as defined in the Cross-Border Trade in Services Chapter

Type of Reservation: Most-Favoured-Nation Treatment (Article 11.3)

Description: Cross-Border Trade in Services

Canada reserves the right to selectively negotiate agreements or arrangements with other aeronautical authorities or service providers, to recognize their accreditation of repair, overhaul and maintenance facilities and certification by those facilities of work performed on Canadian-registered aircraft and other related aeronautical products.

Existing Measures:

Sector: Transportation

Sub-sector: Air Transportation

Industry Classification: SIC 451 Air Transport Industries

Not CPC-defined: Selling and marketing of air transport services, as defined in the Cross-Border Trade in Services Chapter

Type of Reservation: National Treatment (Article 11.3)
Most-Favoured-Nation Treatment (Article 11.4)
Local Presence (Article 11.5)

Description: Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure relating to the selling and marketing of an air transportation service.

Existing Measures:

Sector: Transportation

Sub-sector: Water Transportation

Industry Classification: SIC 4129 Other Heavy Construction
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)
CPC 52232 Constructions of Harbours, rivers, canals, and related facilities
CPC 721 Transportation services by sea-going vessels
CPC 722 Transportation services by non-sea-going vessels
CPC 74510 Port and waterway operation services (excl. cargo handling)
CPC 74520 Pilotage and berthing services
CPC 74590 Other supporting services for water transport

Other marine activities of a commercial nature, as set out in the Description section below.

Type of Reservation: National Treatment (Articles 10.4 and 11.3)
Most-Favoured-Nation Treatment (Articles 10.5 and 11.4)
Local Presence (Article 11.5)
Performance Requirements (Article 10.7)
Senior Management and Boards of Directors (Article 10.8)

Description: Investment and Cross-Border Trade in Services

1. Canada reserves the right to adopt or maintain a measure relating to providing or investing in marine cabotage services, including:

Existing Measures: Coasting Trade Act, S.C., 1992, c. 31
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 (excl. cargo handling)
CPC 74520 Pilotage and berthing services
CPC 74590 Other supporting services for water transport

Type of Reservation:Most-Favoured-Nation Treatment (Article 11.4)

Description: Cross-Border Trade in Services

Canada reserves the right to adopt or maintain a measure relating to the implementation of agreements, arrangements, or other formal or informal undertakings with other countries, with respect to maritime activities in waters of mutual interest in areas such 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:

Sector: All Sectors

Sub-sector:

Industry Classification:

Type of Reservation: Most-Favoured-Nation Treatment (Article 10.5)

Description: Investment

1. 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.

2. Canada reserves the right to adopt or maintain a measure that accords differential treatment to a country pursuant to an existing or future bilateral or multilateral agreement relating to:

Existing Measures:

Sector: All sectors

Sub-sector:

Industry Classification:

Type of Reservation: Market Access (Article 11.6)

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:

Report a problem on this page
Please select all that apply:

Thank you for your help!

You will not receive a reply. For enquiries, please contact us.

Date Modified: