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Text of the Canada–Ukraine Free trade agreement – Annex 10: Market access schedule of Canada

Annex 10-1: Central Government Entities

Unless otherwise specified, this Chapter covers procurement by entities listed in this Annex, subject to the following thresholds:

Thresholds:

130,000 SDRs - Goods

130,000 SDRs - Services

5,000,000 SDRs - Construction Services

List of Entities:

  1. Atlantic Canada Opportunities Agency (on its own account)
  2. Canada Border Services Agency
  3. Canada Employment Insurance Commission
  4. Canada Industrial Relations Board
  5. Canada Revenue Agency
  6. Canada School of Public Service
  7. Canadian Centre for Occupational Health and Safety
  8. Canadian Food Inspection Agency
  9. Canadian Human Rights Commission
  10. Canadian Institutes of Health Research
  11. Canadian Intergovernmental Conference Secretariat
  12. Canadian International Trade Tribunal
  13. Canadian Nuclear Safety Commission
  14. Canadian Radio-television and Telecommunications Commission (on its own account)
  15. Canadian Transportation Accident Investigation and Safety Board
  16. Canadian Transportation Agency (on its own account)
  17. Copyright Board
  18. Correctional Service of Canada
  19. Courts Administration Service
  20. Department of Agriculture and Agri-Food
  21. Department of Canadian Heritage
  22. Department of Citizenship and Immigration
  23. Department of Employment and Social Development
  24. Department of Finance
  25. Department of Fisheries and Oceans
  26. Department of Foreign Affairs, Trade and Development
  27. Department of Health
  28. Department of Indian Affairs and Northern Development
  29. Department of Industry
  30. Department of Justice
  31. Department of National Defence
  32. Department of Natural Resources
  33. Department of Public Safety and Emergency Preparedness
  34. Department of Public Works and Government Services (on its own account)
  35. Department of the Environment
  36. Department of Transport
  37. Department of Veterans Affairs
  38. Department of Western Economic Diversification (on its own account)
  39. Director of Soldier Settlement
  40. Director, The Veterans’ Land Act
  41. Economic Development Agency of Canada for the Regions of Quebec
  42. Immigration and Refugee Board
  43. Library and Archives of Canada
  44. National Battlefields Commission
  45. National Energy Board (on its own account)
  46. National Farm Products Council
  47. National Research Council of Canada
  48. Natural Sciences and Engineering Research Council
  49. Northern Pipeline Agency (on its own account)
  50. Office of Infrastructure of Canada
  51. Office of the Auditor General
  52. Office of the Chief Electoral Officer
  53. Office of the Commissioner for Federal Judicial Affairs
  54. Office of the Commissioner of Official Languages
  55. Office of the Co-ordinator, Status of Women
  56. Office of the Governor General’s Secretary
  57. Office of the Superintendent of Financial Institutions
  58. Offices of the Information and Privacy Commissioners of Canada
  59. Parks Canada Agency
  60. Parole Board of Canada
  61. Patented Medicine Prices Review Board
  62. Privy Council Office
  63. Public Health Agency of Canada
  64. Public Service Commission
  65. Public Service Labour Relations and Employment Board
  66. Registrar of the Supreme Court of Canada
  67. Registry of the Competition Tribunal
  68. Royal Canadian Mounted Police
  69. Royal Canadian Mounted Police External Review Committee
  70. Royal Canadian Mounted Police Public Complaints Commission
  71. Shared Services Canada
  72. Social Sciences and Humanities Research Council
  73. Statistics Canada
  74. Transportation Appeal Tribunal of Canada
  75. Treasury Board of Canada Secretariat

Note to Annex 10-1

No entity listed in Annex 10-1 has the power to create subordinate entities.

Annex 10-2: Other Entities

Unless otherwise specified, this Chapter covers procurement by the entities listed in this Annex, subject to the following thresholds:

Thresholds:

355,000 SDRs - Goods

355,000 SDRs - Services

5,000,000 SDRs - Construction Services

List of Federal Enterprises:

  1. Canada Post Corporation
  2. Canadian Museum of History
  3. Canadian Museum of Nature
  4. Canadian Tourism Commission
  5. Defence Construction (1951) Ltd.
  6. National Capital Commission
  7. National Gallery of Canada
  8. National Museum of Science and Technology
  9. Royal Canadian Mint
  10. Via Rail Canada Inc.

Notes to Annex 10-2

1. For greater certainty, Article 10.17 (Disclosure of Information) applies to procurements by Via Rail Canada Inc. and the Royal Canadian Mint, respecting the protection of the commercial confidentiality of information provided.

2. This Chapter does not include procurement by or on behalf of the Royal Canadian Mint of direct inputs for use in minting anything other than Canada legal tender.

Annex 10-3: Goods

1. Unless otherwise specified and subject to paragraph 2, this Chapter covers all goods.

2. Subject to the application of Article 10.4.1 of this Chapter, with respect to procurement by the Department of National Defence, the Royal Canadian Mounted Police, and the Department of Fisheries and Oceans for the Canadian Coast Guard, this Chapter covers only the goods described in the Federal Supply Classifications (FSC) listed below:

Annex 10-4: Services

Unless otherwise specified, this Chapter covers the services listed below. The subject matter of construction services is addressed in Annex 10-5. The services listed in this Annex and Annex 10-5 are identified in accordance with the United Nations Provisional Central Product Classification (CPC Prov.), which may be found at: UN Classifications Registry

DescriptionCPC Prov. Reference No
1.Repair services of personal and household goods633
2.Hotel and similar accommodation services641
3.Food and beverage serving services642-643
4.Travel agency and tour operator services7471
5.Commercial courier services (including multi-modal)7512
6.Electronic data interchange (EDI)7523
7.Electronic mail7523
8.Enhanced/value-added facsimile services, including store and forward, store and retrieve7523
9.Code and protocol conversion-
10.On-line information and data base retrieval7523
11.Voice mail7523
12.Real estate services involving own or leased property821
13.Real estate services on a fee or contract basis822
14.Leasing or rental services concerning machinery and equipment without operator83106-83109
only
15.Leasing or rental services concerning personal and household goods83203-83209
only
16.Consultancy services related to the installation of computer hardware841
17.Software implementation services, including systems and software consulting services, systems analysis, design, programming and maintenance services842
18.Data processing services, including processing, tabulation and facilities management services843
19.On-line information and/or data processing (including transaction processing)843
20.Data base services844
21.Maintenance and repair services of office machinery and equipment including computers845
22.Other computer services849
23.Legal Services (advisory services on foreign and international law only)861
24.Accounting, auditing and book-keeping services862
25.Taxation Services (excluding legal services)863
26.General management consulting services86501
27.Marketing management consulting services86503
28.Human resources management consulting services86504
29.Production management consulting services86505
30.Services related to management consulting (except 86602 Arbitration and conciliation services)8660
31.Architectural services8671
32.Engineering services8672
33.Integrated engineering services (excluding 86731 Integrated engineering services for transportation infrastructure turnkey projects)8673
34.Urban planning and landscape architectural services8674
35.Technical testing and analysis services including quality control and inspection (except with reference to FSC 58 and transportation equipment)8676
36.Building-cleaning services874
37.Packaging services876
38.Services incidental to forestry and logging, including forest management8814
39.Services incidental to mining, including drilling and field services883
40.Repair services incidental to metal products, machinery and equipment8861-8864, 8866
41.Sewage and refuse disposal, sanitation and similar services940

Notes to Annex 10-4:

1. Canada’s coverage in telecommunications services is limited to enhanced or value added services for the supply of which the underlying telecommunications facilities are leased from providers of public telecommunications transport networks.

2. This Chapter does not cover procurement of the following:

Annex 10-5: Construction Services

1. Unless otherwise specified and subject to paragraph 2, this Chapter covers all construction services identified in Division 51 of the United Nations Provisional Central Product Classification (CPC Prov.).

2. This Chapter does not cover procurement of the following:

Annex 10-6: General Notes

The following General Notes apply to this Chapter, including to Annexes 10-1 through 10-5.

1. This Chapter does not cover procurement in respect of:

2. This Chapter does not apply to:

3. For greater certainty, this Chapter shall be interpreted in accordance with the following:

Annex 10-7: Threshold Adjustment Formula

1. The thresholds expressed in Canada’s national currency shall be adjusted at two-year intervals with each adjustment taking effect on January 1, beginning on January1,2018.

2. The thresholds referred to in Annexes 10-1 and 10-2, shall be converted into Canada’s national currency in accordance with Annex 3 of the Decisions on Procedural Matters under theWTO Agreement on Government Procurementby the WTO Committee on Government Procurement (GPA/1).

3. Canada shall notify Ukraine in writing of Canada’s adjusted thresholds converted into its national currency by January 15 of the year in which the adjusted thresholds take effect.

4. If, during any year, a major change in the applicable currency of either Party creates a significant problem with regard to the application of this Chapter, the Parties shall consult to determine whether an interim adjustment is appropriate.

5. The Parties shall agree on a suitable alternative threshold adjustment formula if:

Annex 10-8: Extended Transparency Commitments

The provisions of Article 10.4; Article 10.6; Articles 10.7.1 to 10.7.3; Article 10.8.3(b); Articles 10.9.14 and 10.9.15; Articles 10.10.7 and 10.10.11; Article 10.11.1; Articles 10.15.4 and 10.15.5; and Article 10.17, or the corresponding provisions incorporated pursuant Article 10.3, apply if:

Annex 10-9: Means of Publication

1. Laws and Regulations:

2. Judicial Decisions:

3. Administrative Rulings and Procedures:

4. Government Electronic Tendering System (GETS);

5. MERX, Cebra Inc.

6. Purchasing Activity Report.

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