NEGOCIACIÓN SOBRE LA AMPLIACIÓN DEL ÁMBITO DE APLICACIÓN Y LA ELIMINACIÓN DE LAS MEDIDAS Y PRÁCTICAS DISCRIMINATORIAS DE CONFORMIDAD CON LOS APARTADOS B) Y C) DEL PÁRRAFO 7
Organización Mundial del Comercio
RESTRICTED
GPA/O/CAN/3
2 de diciembre de 2010
(10-6522)
Comité de Contratación Pública Original: inglés/ francés
NEGOCIACIÓN SOBRE LA AMPLIACIÓN DEL ÁMBITO DE APLICACIÓN Y LA ELIMINACIÓN DE LAS MEDIDAS Y PRÁCTICAS DISCRIMINATORIAS DE CONFORMIDAD CON LOS APARTADOS B) Y C) DEL PÁRRAFO 7
DEL ARTÍCULO XXIV DEL ACUERDO SOBRE CONTRATACIÓN PÚBLICA
Comunicación del Canadá1 Oferta antefinal
La siguiente comunicación, de fecha 1º de diciembre de 2010, se distribuye a petición de la delegación del Canadá.
1 En xxxxxxx x xxxxxx solamente.
PRE-FINAL OFFER OF CANADA (1 DECEMBER 2010)
INTRODUCTION
SECTION A: IMPROVEMENTS TO CANADA'S PRE-FINAL OFFER
Canada is pleased to submit the following pre-final offer, which contains several improvements to its current market access coverage.
1. Improvements from Canada's revised offer of 18 February 2010 (GPA/O/CAN/2/Rev.1) include:
- the addition of the Territory of Nunavut to Canada’s Annex 2 coverage;
- the removal of all country-specific exclusions, premised on the achievement of mutual reciprocity;
- the removal of several General Notes and notes to the Annexes; and
- the listing of Canada's services coverage in numerical order.
2. Improvements from Canada's initial offer of 24 January 2006 (GPA/O/CAN/2) include:
- the addition of coverage for Annex 2, Sub-Central Government Entities and Annex 3, Government Enterprises;
- the listing of Canada's services coverage using a positive list; and
- the removal in Annex 7 (General Notes) of the exclusion respecting Federal Supply Classification (FSC) 70 (automatic data processing equipment, software supplies and support equipment), FSC 74 (office machines, text processing systems and visible record equipment and FSC 36 (special industry machinery) for the Department of Transport; the Department of Fisheries and Oceans; the Canadian Food Inspection Agency in respect of the administration and enforcement of the Fish Inspection Act; the Department of Canadian Heritage in respect of those function that were formerly the responsibility of the Department of Communications; the Department of Industry in respect of telecommunications, except in relation to: (a) the planning and coordination of telecommunication services for departments, boards and agencies of the Government of Canada; and (b) broadcasting, other than in relation to spectrum management and the technical aspects of broadcasting; and the Department of Public Works and Government Services in respect of the Government Telecommunications Agency.
SECTION B: CONDITIONS APPLYING TO CANADA'S PRE-FINAL OFFER
This pre-final offer is subject to the following conditions:
1. All Article numbers specified in this pre-final offer refer to the Articles as numbered in the Legal Check of the Revised Text of the Agreement on Government Procurement (Articles I – XXI) as at 19 November 2007 (Job No. 8274).
2. The inclusion of any general exclusion that Canada may deem necessary.
3. Canada reserves the right to implement its procurement obligations in any appropriate manner, including legislation, regulations or other administrative mechanisms.
4. Appropriate and satisfactory market access offers from GPA Parties representing, in Canada's estimation, an appropriate balance of concessions relative to this pre-final offer.
5. Acceptance by GPA Parties of the proposed format for Appendix I to the GPA, including Annexes 1 to 7, as appended to the 14 October 2005 Clean Text of the GPA in Job No. 7713, dated 20 October 2005. Canada has, in general, utilized this format in its pre-final offer, as follows:
- in Annex 1, the Federal Government Entities whose procurement will be covered by this Agreement;
- in Annex 2, the Sub-Central Government Entities whose procurement will be covered by this Agreement;
- in Annex 3, the Government Enterprises whose procurement will be covered by this Agreement;
- in Annex 4, the goods that will be covered by this Agreement;
- in Annex 5, the services, other than construction services, that will be covered by this Agreement;
- in Annex 6, the construction services that will be covered by this Agreement; and
- in Annex 7, any General Notes.
6. Canada reserves the right to withdraw, amend or restrict this pre-final offer at any time during the course of the negotiations.
N.B.: Modifications from Canada's revised offer of 18 February 2010 (GPA/O/CAN/2/Rev.1) are highlighted in bold and noted in underline and strikeout.
ARTICLE XXIV:7(b) REVIEW OF THE WTO AGREEMENT ON GOVERNMENT PROCUREMENT
Pre-Final Offer of Canada
1 December 2010
CANADA
ANNEX 1
Federal Government Entities
Thresholds: 130,000 SDRs Goods and Services
5,000,000 SDRs Construction Services
Subordinate Entities: No entity listed in Annex 1 has the power to create subordinate entities.
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 Development Agency (on its own account)
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 Finance
24. Department of Fisheries and Oceans
25. Department of Foreign Affairs and International Trade
26. Department of Health
27. Department of Human Resources and Social Development
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. Hazardous Materials Information Review Commission
43. Immigration and Refugee Board
44. Library and Archives Canada
45. Municipal Development and Loan Board
46. National Battlefields Commission
47. National Energy Board (on its own account)
48. National Farm Products Council
49. National Parole Board
50. National Research Council of Canada
51. Natural Sciences and Engineering Research Council of Canada
52. Northern Pipeline Agency (on its own account)
53. Office of the Auditor General
54. Office of the Chief Electoral Officer
55. Office of the Commissioner for Federal Judicial Affairs
56. Office of the Commissioner of Official Languages
57. Office of the Coordinator, Status of Women
58. Office of the Governor General’s Secretary
59. Office of the Superintendent of Financial Institutions
60. Offices of the Information and Privacy Commissioners of Canada
61. Parks Canada Agency
62. Patented Medicine Prices Review Board
63. Privy Council Office
64. Public Health Agency of Canada
65. Public Service Commission
66. Public Service Human Resources Management Agency of Canada
67. Public Service Labour Relations Board
68. Registry of the Competition Tribunal
69. Royal Canadian Mounted Police
70. Royal Canadian Mounted Police External Review Committee
71. Royal Canadian Mounted Police Public Complaints Commission
72. Social Sciences and Humanities Research Council
73. Statistics Canada
74. Statute Revision Commission
75. Supreme Court of Canada
76. Transportation Appeal Tribunal of Canada
77. Treasury Board Secretariat
Note to Annex 1:
The General Notes in Annex 7 apply to this Annex.
ARTICLE XXIV:7(b) REVIEW OF THE WTO AGREEMENT ON GOVERNMENT PROCUREMENT
Pre-Final Offer of Canada
1 December 2010
CANADA
ANNEX 2
Sub-Central Government Entities
Thresholds: | 355,000 SDRs | Goods |
355,000 SDRs | Services | |
List of Entities: | 5,000,000 SDRs | Construction Services |
*†ALBERTA
All Ministries and Agencies (All Government Departments and Provincial Agencies, Boards, Councils, Committees and Commissions) of the Province.
This Agreement does not apply to Canada's Appendix 1 does not include:
Legislative Assembly Legislative Assembly Office Office of the Auditor General
Office of the Chief Electoral Officer Office of the Ethics Commissioner
Office of the Information and Privacy Commissioner Office of the Ombudsman
*†BRITISH COLUMBIA
All Ministries, Boards, Commissions, Agencies and Committees of the Province.
This Agreement does not apply to Canada's Appendix 1 does not include the Legislative Assembly.
†MANITOBA
All Departments, Boards, Commissions and Committees of the Province.
†NEW BRUNSWICK
The following provincial entities are covered: Chief Electoral Officer
Clerk of the Legislative Assembly Communications New Brunswick Department of Agriculture and Aquaculture Department of Business New Brunswick Department of Education
Department of Energy Department of Environment Department of Finance Department of Fisheries Department of Health
Department of Intergovernmental Affairs Department of Justice and Consumer Affairs Department of Local Government Department of Natural Resources
Department of Post-Secondary Education, Training and Labour Department of Public Safety
Department of Social Development Department of Supply and Services Department of Tourism and Parks Department of Transportation
Department of Wellness, Culture and Sport Executive Council Office
Labour and Employment Board Language Training Centre
New Brunswick Police Commission Office of Human Resources
Office of the Attorney General Office of the Auditor General Office of the Comptroller
Office of the Leader of the Opposition Office of the Lieutenant-Governor Office of the Ombudsman
Office of the Premier
†NEWFOUNDLAND AND LABRADOR
All Departments of the Province.
†NORTHWEST TERRITORIES
All Departments and Agencies of the Territory.
This Agreement does not apply to Canada's Appendix 1 does not include Northwest Territories contracts subject to the Northwest Territories Business Incentive Policy.
*†NOVA SCOTIA
This Agreement applies to Canada's Appendix 1 includes all Departments and Offices of the Province established under the Public Service Act.
This Agreement does not apply to Canada's Appendix 1 does not include Emergency Health Services (a division of the Department of Health) in respect to ambulance-related procurement, including telecommunications for Emergency Health Care purposes.
†NUNAVUT
All Departments and Agencies of the Territory.
Canada's Appendix 1 does not include Nunavut contracts subject to the Nunavummi Nangminiqaqtunik Ikajuuti (NNI Policy) nor those contracts within the terms of Article 24 of the Nunavut Land Claims.
ONTARIO
All Ministries of the Province.
The following Agencies are covered:
AgriCorp
Centennial Centre of Science and Technology (Ontario Science Centre) Deposit Insurance Corporation of Ontario
Metropolitan Convention Centre Corporation Niagara Parks Commission
Ontario Clean Water Agency
Ontario Financial Services Commission Ontario Immigrant Investor Corporation Ontario Mortgage and Housing Corporation Ontario Mortgage Corporation
Ontario Northland Transportation Commission Ontario Tourism Marketing Partnership Corporation Ottawa Congress Centre
Science North
This Agreement does not apply to the procurement of:
(a) urban rail and urban transportation equipment, systems, components and materials incorporated therein, as well as all project-related materials of iron or steel; and
(b) highway construction.
*†XXXXXX XXXXXX ISLAND
All Departments and Agencies of the Province.
This Agreement does not apply to Canada's Appendix 1 does not include construction materials that are used for highway construction and maintenance.
*QUÉBEC
All Ministères of the Province.
The following public bodies are covered:
Agence d'évaluation des technologies et des modes d'intervention en santé Bureau d'audiences publiques sur l'environnement
Comité de déontologie policière Commissaire à la déontologie policière Commissaire à la santé et au bien-être
Commission consultative de l'enseignement privé Commission d'accès à l'information
Commission d'évaluation de l'enseignement collégial Commission de l'équité salariale
Commission de la fonction publique
Commission de protection du territoire agricole du Québec Commission de toponymie
Commission des biens culturels du Québec
Commission des droits de la personne et des droits de la jeunesse Commission des partenaires du marché du travail
Commission des transports du Québec Commission municipale du Québec
Commission québécoise des libérations conditionnelles Conseil consultatif du travail et de la main-d’œuvre Conseil de la famille et de l'enfance
Conseil de la justice administrative Conseil de la Science et de la Technologie Conseil des aînés
Conseil des relations interculturelles Conseil des services essentiels Conseil du médicament
Conseil du statut de la femme Conseil permanent de la jeunesse Conseil supérieur de l'éducation
Conseil supérieur de la langue française Coroner
Curateur public du Québec
Directeur des poursuites criminelles et pénales Office de la protection du consommateur Office des personnes handicapées du Québec Office québécois de la langue française
Régie des alcools, des courses et des jeux
Régie des marchés agricoles et alimentaires du Québec Régie du logement
Sûreté du Québec
This Agreement does not apply to Canada's Appendix 1 does not include procurement:
(a) of cultural or artistic goods and services or to any measure adopted or maintained with respect to culture or cultural industries;
(b) of seedling production;
(c) for work to be performed on property by a contractor according to provisions of a warranty or guarantee held in respect of the property or the original work;
(d) of construction-grade steel (including requirements on subcontracts); and
(e) from a non-profit organization.
*†SASKATCHEWAN
All Departments of the Province.
The following Boards and Agencies are covered:
Public Employee Benefits Agency Saskatchewan Archives Board Saskatchewan Arts Board
This Agreement does not apply to Canada's Appendix 1 does not include Legislative Branch Entities.
*†YUKON
All Departments and Agencies of the Territory.
Notes to Annex 2
1. This Agreement does not apply to Canada's Appendix 1 does not include preferences or restrictions on highway projects.
2. This Agreement does not apply to Canada's Appendix 1 does not include preferences or restrictions associated with programs promoting the development of distressed areas.
3. This Agreement does not apply to Canada's Appendix 1 does not include procurement that is intended to contribute to economic development within the provinces or territories of Manitoba, Newfoundland and Labrador, New Brunswick, Nunavut, Xxxxxx Xxxxxx Island, Nova Scotia, Yukon or Northwest Territories.
4. This Agreement does not apply to any measure adopted or maintained with respect to Aboriginal peoples. It does not affect existing aboriginal or treaty rights of any of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.
5.4. For those provinces and territories marked by an asterisk (*), this Agreement does not apply to Canada's Appendix 1 does not include procurement:
(a) of goods purchased for representational or promotional purposes; or
(b) services or construction purchased for representational or promotional purposes outside the province or territory.
6.5. Except for Ontario and Quebec For those provinces and territories marked by an obelisk (†), this Agreement does not apply to Canada's Appendix 1 does not include the procurement of goods, services or construction purchased for the benefit of, or which is to be
transferred to the authority of, school boards or their functional equivalents, publicly-funded academic institutions, social services entities or hospitals.
7.6. Nothing in this Agreement shall be construed to prevent any provincial or territorial entity from applying restrictions that promote the general environmental quality in that province or territory, as long as such restrictions are not disguised barriers to international trade.
8.7. This Agreement does not apply to Canada's Appendix 1 does not include any procurement made by a covered entity on behalf of a non-covered entity.
9.8. This Agreement does not apply to Canada's Appendix 1 does not include Crown Corporations of the provinces and territories.
10. The positive list of goods listed in Annex 1 for the Department of National Defence, Coast Guard and the Royal Canadian Mounted Police also applies to procurement by provincial police forces at the goods threshold applicable to this Annex.
11. The entities covered by this annex shall be subject to the Revised Text of the Agreement on Government Procurement (Articles I-XXI) as at 13 November 2007 (WTO Document negs 268, 19 November 2007), rather than Articles I-XXIV of this Agreement in relation to the United States until a revised Agreement on Government Procurement enters into force.
12. The General Notes apply to this Annex.
ARTICLE XXIV:7(b) REVIEW OF THE WTO AGREEMENT ON GOVERNMENT PROCUREMENT
Pre-Final Offer of Canada
1 December 2010
CANADA
ANNEX 3
Government Enterprises
Thresholds: | 355,000 SDRs | Goods and Services |
Federal Enterprises: | 5,000,000 SDRs | Construction Services |
1. Canada Post Corporation
2. Canadian Museum of Civilization
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 3
1. For greater certainty, Article XVII 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 Agreement does not apply to Canada's Appendix 1 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.
3. The General Notes in Annex 7 apply to this Annex.
ARTICLE XXIV:7(b) REVIEW OF THE WTO AGREEMENT ON GOVERNMENT PROCUREMENT
Pre-Final Offer of Canada
1 December 2010
CANADA
ANNEX 4
Goods
SECTION A: GENERAL PROVISIONS
1. All goods are covered subject to paragraph 2.
2. With respect to Canada, for procurement by the Department of National Defence, the Royal Canadian Mounted Police, the Canadian Coast Guard, and provincial police forces, only the goods listed in Section B are included in the coverage of this Chapter, subject to the application of paragraph 1 of the following Article III.
SECTION B: LIST OF CERTAIN GOODS
(Numbers refer to the Federal Supply Classification document dated May 2005 which can be found at: xxx.xxxxxxxxxxx.xxx/xxxxx/xxx-xxxxx/xxx.xxxx)
(Numbers refer to the Federal Supply Classification which can be found in the following document: xxxxx://xxx.xxxxxxxxxxx.xxx/xxxxxxx_xxxxxxx_xxxxx.xxx)
22. Railway equipment
23. Motor vehicles, trailers and cycles (except buses in 2310; and, except military trucks and trailers in 2320 and 2330 and tracked combat, assault and tactical vehicles in 2350 and wheeled combat, assault and tactical vehicles in 2355 formerly classified in 2320)
24. Tractors
25. − Vehicular equipment components
26. − Tires and tubes
29. Engine accessories
30. − Mechanical power transmission equipment
32. Woodworking machinery and equipment
34. Metal working machinery
35. Service and trade equipment
36. Special industry machinery
37. Agricultural machinery and equipment
38. Construction, mining, excavating and highway maintenance equipment
39. Materials handling equipment
40. Rope, cable, chain and fittings
41. Refrigeration and air conditioning equipment
42. Fire fighting, rescue and safety equipment (except 4220: Marine lifesaving and diving equipment; and 4230: Decontaminating and impregnating equipment)
43. Pumps and compressors
44. Furnace, steam plant, drying equipment and nuclear reactors
45. Plumbing, heating and sanitation equipment
46. Water purification and sewage treatment equipment
47. Pipe, tubing, hose and fittings
48. Valves
49. Maintenance and repair shop equipment
52. Measuring tools
53. Hardware and abrasives
54. Prefabricated structures and scaffolding
55. Lumber, millwork, plywood and veneer
56. Construction and building materials
61. Electric wire and power and distribution equipment
62. Lighting fixtures and lamps
63. Alarm and signal systems
65. Medical, dental and veterinary equipment and supplies
66. Instruments and laboratory equipment (except 6615: Automatic pilot mechanisms and airborne Gyro components; and 6665: Hazard detecting instruments and apparatus)
67. Photographic equipment
68. Chemicals and chemical products
69. Training aids and devices
70. General purpose automatic data processing equipment, software, supplies and support equipment (except 7010: Automatic Data Processing Equipment (ADPE) configurations)
71. Furniture
72. Household and commercial furnishings and appliances
73. Food preparation and serving equipment
74. Office machines, text processing system and visible record equipment
75. Office supplies and devices
76. Books, maps and other publications (except 7650: drawings and specifications)
77. Musical instruments, phonographs and home-type radios
78. Recreational and athletic equipment
79. Cleaning equipment and supplies
80. Brushes, paints, sealers and adhesives
81. Containers, packaging and packing supplies
85. Toiletries
87. Agricultural supplies
88. Live animals
91. Fuels, lubricants, oils and waxes
93. Non-metallic fabricated materials
94. Non-metallic crude materials
96. Ores, minerals and their primary products
99. Miscellaneous
Note to Annex 4:
The General Notes in Annex 7 apply to this Annex.
ARTICLE XXIV:7(b) REVIEW OF THE WTO AGREEMENT ON GOVERNMENT PROCUREMENT
Pre-Final Offer of Canada
1 December 2010
CANADA
ANNEX 5
Services
Canada offers to include in this "Services" Annex Federal entities listed under Annex 1, sub-central entities listed in Annex 2, and Federal enterprises listed under Annex 3. Canada's Appendix 1 applies to the procurement of the services herein when procured by the entities listed in Annexes 1 through 3. With respect to the terms of this Agreement Canada's Appendix 1, those services to be included are as identified within the document MTN.GNS/W/120. Services are identified in accordance with the Provisional Central Product Classification (CPC), which may be found at: xxxx://xxxxxxx.xx.xxx/xxxx/xx/xxxxxxxx/xxxxxx.xxx?Xxx0&Xxx0
Domestically, Canada will be utilizing using the "Common Classification System" for purposes of implementing this Agreement.
Canada offers to cover Canada's Appendix 1 includes the following services for federal entities listed in Annex 1 and federal enterprises listed in Annex 3, with respect to the CPC services classification system:
861 | Legal Services (advisory services on foreign and international law only) |
862 | Accounting, auditing and book-keeping services |
863 | Taxation Services (excluding legal services) |
86503 | Marketing management consulting services |
8671 | Architectural services |
8672 | Engineering services |
8673 | Integrated engineering services (excluding 86731 Integrated engineering services for transportation infrastructure turnkey projects) |
Canada offers to cover Canada's Appendix 1 includes the following services for federal entities listed in Annex 1, for sub-central government entities listed in Annex 2, and federal enterprises listed in Annex 3, with respect to the CPC services classification system:
633 Repair services of personal and household goods 641 Hotel and similar accommodation services
642/3 Food and beverage serving services 7471 Travel agency and tour operator services
7512 Commercial courier services (including multi-modal) 7523 Electronic data interchange (EDI)
7523 Electronic mail
7523 Enhanced/value-added facsimile services, including store and forward, store and retrieve Code and protocol conversion
7523 On-line information and data base retrieval 7523 Voice mail
821 Real estate services involving own or leased property 822 Real estate services on a fee or contract basis
83106
to 83109 only Leasing or rental services concerning machinery and equipment without operator
83203
to 83209 only Leasing or rental services concerning personal and household goods 841 Consultancy services related to the installation of computer hardware
842 Software implementation services, including systems and software consulting services, systems analysis, design, programming and maintenance services
843 Data processing services, including processing, tabulation and facilities management services
843 On-line information and/or data processing (including transaction processing) 844 Data base services
845 Maintenance and repair services of office machinery and equipment including computers
849 Other computer services
86501 General management consulting services
86504 Human resources management consulting services 86505 Production management consulting services
8660 Services related to management consulting (except 86602 Arbitration and conciliation services)
8674 Urban planning and landscape architectural services
8676 Technical testing and analysis services including quality control and inspection (except with reference to FSC 58 and transportation equipment)
874 Building-cleaning services
876 Packaging services
8814 Services incidental to forestry and logging, including forest management 883 Services incidental to mining, including drilling and field services
8861
to 8864,
and 8866 Repair services incidental to metal products, machinery and equipment 940 Sewage and refuse disposal, sanitation and similar services
Notes to Annex 5:
1. The General Notes apply to this Annex.
2.1. This offer is subject to the terms and conditions set out in the Government of Canada's offer on trade in services in the General Agreement on Trade in Services (GATS).
3.2. Canada's offer in telecommunications 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.
4.3. The Canadian offer Canada's Appendix 1 does not include the following:
- management and operation contracts of certain government or privately-owned facilities used for government purposes, including federally-funded research and development;
- coin minting;
- public utilities;
- architectural and engineering related to airfield, communications and missile facilities;
- shipbuilding and repair and related architectural and engineering services;
- all services, with reference to those goods purchased by the Department of National Defence, the Royal Canadian Mounted Police, the Canadian Coast Guard and provincial police forces which are not identified as subject to coverage by this agreement;
- services procured in support of military forces located overseas;
- printing and publishing services; and
- procurement of transportation services that form a part of, or are incidental to, a procurement contract.
ARTICLE XXIV:7(b) REVIEW OF THE WTO AGREEMENT ON GOVERNMENT PROCUREMENT
Pre-Final Offer of Canada
1 December 2010
CANADA
ANNEX 6
Construction Services
SECTION A: GENERAL PROVISIONS
1. All construction services in CPC Division 51 are covered except those listed in Section B. Construction Services are identified in accordance with the Provisional Central Product Classification (CPC), which may be found at: xxxx://xxxxxxx.xx.xxx/xxxx/xx/xxxxxxxx/xxxxx.xxx?Xxx0&Xxx0&Xxx00
2. Definition: A construction services contract is a contract which has as its objective the realization by whatever means of civil or building works, in the sense of Division 51 of the central Product Classification (CPC).
SECTION B: EXCLUDED COVERAGE
The following services contracts are excluded Canada's Appendix 1 does not include the following construction services contracts:
1. Dredging
2. Construction contracts tendered by or on behalf of the federal Department of Transport
Note to Annex 6:
The General Notes in Annex 7 apply to this Annex.
ARTICLE XXIV:7(b) REVIEW OF THE WTO AGREEMENT ON GOVERNMENT PROCUREMENT
Pre-Final Offer of Canada
1 December 2010
CANADA
ANNEX 7
General Notes
Unless otherwise specified herein, the following General Notes apply without exception to this Agreement, including to Annexes 1 through 6.
1. This Agreement does not apply to Canada's Appendix 1 does not include procurements in respect of:
(a) shipbuilding and repair;
(b) urban rail and urban transportation equipment, systems, components and materials incorporated therein as well as all project related materials of iron or steel;
(c) contracts respecting FSC 58 (communications, detection and coherent radiation equipment);
(d) set-asides for small and minority businesses; and
(e) agricultural products made in furtherance of agricultural support programmes or human feeding programmes.
2. National security exceptions include oil purchases related to any strategic reserve requirements.
3. National security exceptions include procurements made in support of safeguarding nuclear materials or technology.
2. Canada's Appendix 1 does not include any measure adopted or maintained with respect to Aboriginal peoples. It does not affect existing aboriginal or treaty rights of any of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.
4.3. Procurement in terms of Canadian coverage is defined as contractual transactions to acquire property or services for the direct benefit or use of the government. The procurement process is the process that begins after an entity has decided on its requirement and continues through to and including contract award. It does not include procurements made by one government entity or government enterprise from another government entity or government enterprise of Canada.
5.4. This Agreement does not apply to Canada's Appendix 1 does not include the procurement of transportation services that form a part of, or are incidental to, a procurement contract.
6.5. A service listed in Annex 5 and a construction service listed in Annex 6 is covered with respect to a particular Party only to the extent that such Party has provided reciprocal access to that service.2
7.6. Where a contract to be awarded by an entity is not covered by this Agreement, this Agreement shall not be construed to cover any good or service component of that contract.
8.7. The Agreement shall not apply to Canada's Appendix 1 does not include contracts under an international agreement and intended for the joint implementation or exploitation of a project.
9. For the European Union, Canada's offer excludes all procurements respecting FSC 70, 74 and 36 until such time as reciprocal access is provided.
10. For the European Union, this Agreement shall not apply to contracts awarded by entities in Annexes 1 and 2 in connection with activities in the field of drinking water, energy, transport or telecommunications.
11.8. Any exclusion that is related either specifically or generally to Federal or sub-central entities or enterprises in Annex 1, Annex 2 or Annex 3 will also apply to any successor entity or entities, enterprise or enterprises, in such a manner as to maintain the value of this offer.
12. With the exception of the United States of America, the offer by Canada with respect to goods and services (including construction) in Annex 2 is subject to negotiation of mutually acceptable commitments (including thresholds) with other Parties.
13. With respect to the EU's offer to increase its Annex 1 thresholds from 130,000 SDRs to 200,000 SDRs for Canada, Canada will apply the threshold of 200,000 SDRs for goods, services or suppliers of such goods and services from the European Union until the EU reduces its threshold to what exists in the GPA 1994.
14. With respect to the EU's exclusion of management consulting services and related services (CPC 865 and 866), Canada will exclude the procurement for such services from its Annex 1 for the European Union until such time as those services are included in the EU's coverage given to Canada.
2 Canada is prepared to remove its General Note 5 provided that other GPA Parties whose offers contain equivalent notes commit to doing the same.