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Text of the 2017 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:

• FSC 22. Railway equipment
• FSC 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)
• FSC 24. Tractors
• FSC 25. Vehicular equipment components
• FSC 26. Tires and tubes
• FSC 29. Engine accessories
• FSC 30. Mechanical power transmission equipment
• FSC 32. Woodworking machinery and equipment
• FSC 34. Metal working machinery
• FSC 35. Service and trade equipment
• FSC 36. Special industry machinery
• FSC 37. Agricultural machinery and equipment
• FSC 38. Construction, mining, excavating and highway maintenance equipment
• FSC 39. Materials handling equipment
• FSC 40. Rope, cable, chain and fittings
• FSC 41. Refrigeration and air conditioning equipment
• FSC 42. Fire fighting, rescue and safety equipment (except 4220: Marine lifesaving and diving equipment; and 4230: Decontaminating and impregnating equipment)
• FSC 43. Pumps and compressors
• FSC 44. Furnace, steam plant, drying equipment and nuclear reactors
• FSC 45. Plumbing, heating and sanitation equipment
• FSC 46. Water purification and sewage treatment equipment
• FSC 47. Pipe, tubing, hose and fittings
• FSC 48. Valves
• FSC 49. Maintenance and repair shop equipment
• FSC 52. Measuring tools
• FSC 53. Hardware and abrasives
• FSC 54. Prefabricated structures and scaffolding
• FSC 55. Lumber, millwork, plywood and veneer
• FSC 56. Construction and building materials
• FSC 61. Electric wire and power and distribution equipment
• FSC 62. Lighting fixtures and lamps
• FSC 63. Alarm and signal systems
• FSC 65. Medical, dental and veterinary equipment and supplies
• FSC 66. Instruments and laboratory equipment (except 6615: Automatic pilot mechanisms and airborne Gyro components; and 6665: Hazard detecting instruments and apparatus)
• FS 67. Photographic equipment
• FSC 68. Chemicals and chemical products
• FSC 69. Training aids and devices
• FSC 70. General purpose automatic data processing equipment, software, supplies and support equipment (except 7010: Automatic Data Processing Equipment (ADPE) configurations)
• FSC 71. Furniture
• FSC 72. Household and commercial furnishings and appliances
• FSC 73. Food preparation and serving equipment
• FSC 74. Office machines, text processing system and visible record equipment
• FSC 75. Office supplies and devices
• FSC 76. Books, maps and other publications (except 7650: drawings and specifications)
• FSC 77. Musical instruments, phonographs and home-type radios
• FSC 78. Recreational and athletic equipment
• FSC 79. Cleaning equipment and supplies
• FSC 80. Brushes, paints, sealers and adhesives
• FSC 81. Containers, packaging and packing supplies
• FSC 85. Toiletries
• FSC 87. Agricultural supplies
• FSC 88. Live animals
• FSC 91. Fuels, lubricants, oils and waxes
• FSC 93. Non-metallic fabricated materials
• FSC 94. Non-metallic crude materials
• FSC 96. Ores, minerals and their primary products
• FSC 99. Miscellaneous

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:

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:

• (a) services for the management and operation of government facilities or privately-owned facilities used for government purposes, including federally-funded research and development;
• (b) public utilities;
• (c) architectural and engineering services related to airfield, communications and missile facilities;
• (d) shipbuilding and repair and related architectural and engineering services;
• (e) all services, with reference to those goods purchased by the Department of National Defence, the Royal Canadian Mounted Police and the Department of Fisheries and Oceans for the Canadian Coast Guard which are not covered by this Chapter; and
• (f) services procured in support of military forces located overseas.

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:

• (a) dredging services; and
• (b) construction services procured by or on behalf of the Department of Transport.

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:

• (a) shipbuilding and repair, including related architectural and engineering services;
• (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) communications, detection and coherent radiation equipment (FSC 58);
• (d) agricultural goods made in furtherance of agricultural support programmes or human feeding programmes;
• (e) an international crossing between Canada and another country, including the design, construction, operation or maintenance of the crossing as well as any related infrastructure; and
• (f) transportation services that form a part of, or are incidental to, a procurement contract.

2. This Chapter does not apply to:

• (a) any form of preference, including set asides, to benefit micro, small and medium enterprises; and
• (b) any measure adopted or maintained with respect to Aboriginal peoples, nor to set asides for aboriginal businesses; existing aboriginal or treaty rights of any of the Aboriginal peoples of Canada protected by section 35 of the Constitution Act, 1982 are not affected by this Chapter.

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

• (a) procurement in terms of Canadian coverage is defined as contractual transactions to acquire goods or services for the direct benefit or use of the government. The procurement process is the process that begins after a procuring entity has decided on its requirement and continues through to and including contract award. It does not include procurements between one government entity or government enterprise and another government entity or government enterprise;
• (b) if a contract to be awarded by a procuring entity is not covered by this Chapter, this Chapter shall not be construed to cover any good or service component of that contract;
• (c) any exclusion that is related either specifically or generally to a procuring entity will also apply to any successor entity or entities, in such a manner as to maintain the value of the coverage of Canada’s Annexes to its Market Access for this Chapter;
• (d) this Chapter is subject to the terms and conditions set out in Canada’s Schedule to the General Agreement on Trade in Services (GATS);
• (e) nothing in this Chapter shall be construed to prevent Canada, or its procuring entities, from adopting or maintaining any measure to protect confidential or otherwise protected information; and
• (f) this Chapter does not cover procurement by a procuring entity on behalf of another entity where the procurement would not be covered by this Chapter if it were conducted by the other entity itself.

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:

• (a) Canada withdraws from the Annex to the WTO Protocol Amending the GPA (Revised GPA) pursuant to Article XXII of that Agreement; or
• (b) the Revised GPA is terminated; or
• (c) the threshold adjustment formula referenced in paragraph 2 is altered.

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:

• (a) the procuring entity uses an open tendering process; and
• (b) the procurement is for goods, services or construction services in excess of CDN $124,000 for Canada for entities listed in Annex 10-1 and is below the applicable thresholds in Annex 10-1 or otherwise excluded in Annexes10-3, 10-4 or 10-5.

Annex 10-9: Means of Publication

• (a) Electronic or paper media utilized for the publication of laws, regulations, judicial decisions, administrative rulings of general application, standard contract clauses, and procedures regarding government procurement covered by this Chapter pursuant to Article 10.6

1. Laws and Regulations:

• (a) ;
• (b) .

2. Judicial Decisions:

• (a) ;
• (b) ;
• (c) ;
• (d) .

3. Administrative Rulings and Procedures:

• (a) ;
• (b) ;
• (c) .
• (d) Electronic or paper media utilised for the publication of notices required by Articles 10.7, 10.9.7 and 10.16.2 pursuant to Article 10.6

4. ;

5.

• (a) Website address or addresses where the Party publishes procurement statistics

6. .