Agreement on Internal Trade

Summary of the Agreement

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On July 18, 1994, First Ministers signed the Agreement on Internal Trade (AIT) to eliminate barriers to trade, investment and mobility within Canada. The AIT came into force on July 1, 1995. The Agreement on Internal Trade is an evolutionary process that requires ongoing negotiations and adjustments in order to further liberalize trade throughout the Canadian economy.

The Agreement on Internal Trade provides:

  • six general rules which prevent governments from erecting new trade barriers and which require the reduction of existing rules in areas covered under the Agreement;
  • sectoral chapters outlining specific obligations in 10 economic sectors — such as government purchasing, labour mobility and investment — which cover most economic activity in Canada;
  • institutional provisions to establish the structure for the effective operation of the Agreement;
  • dispute resolution procedures that are accessible to individuals and businesses as well as governments;
  • a commitment to further liberalize trade through continuing negotiations and specified work programs.

Index of the Internal Trade Agreement

Preamble

General
Operating Principles
General Definitions

Constitutional Authorities
Reaffirmation of Constitutional Powers and Responsibilities

General Rules
Reciprocal Non-Discrimination
Right of Entry and Exit
No Obstacles
Legitimate Objectives
Reconciliation
Transparency

Sectoral Chapters
Procurement
Investment
Labour Mobility
Consumer-Related Measures and Standards
Agricultural and Food Goods
Alcoholic Beverages
Natural Resources Processing
Communications
Transportation
Environmental Protection

Institutional Provisions and Dispute Resolution Procedures
Institutional Provisions
Dispute Resolution Procedures

Other Provisions
Trade Enhancement Arrangements
Relationship to International Agreements
Future Negotiations
General Exceptions (e.g. National Security, Aboriginal Peoples, Culture, Regional Economic Development)

Internal Trade Representatives

An overview of the key elements of the Agreement, with links to the text is provided below.


Preamble

Identifies the broad policy objectives that governments had in mind in developing the Agreement. When necessary, the preamble can be used in interpreting the Agreement.

"Governments…resolved to promote an open, efficient, and stable domestic market for long-term job creation, economic growth and stability…"

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General

Sets out the operating principles and the general definitions which form the basis of the Agreement and establish the extent of obligations.

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Constitutional Authorities

Reaffirms that the Agreement does not alter the Constitutional powers of governments.

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General Rules

1. Reciprocal Non-Discrimination

Establishes equivalent treatment — by all governments — for all Canadian persons, goods, services and investments.

Examples:

Governments cannot charge businesses from other provinces higher fees than they charge their own businesses.

Provinces cannot require products manufactured in another province to meet higher safety standards than those manufactured within the province.

2. Right of Entry and Exit

Prohibits governments from adopting or maintaining measures which prevent or restrict the movement of persons, goods, services or investments across provincial or territorial boundaries.

Example:

Governments are prohibited from putting in place new measures that restrict investment by Canadians outside their province or territory.

3. No Obstacles

Requires governments to ensure their policies and practices do not have the effect of creating obstacles to trade.

Example:

Governments must ensure that the tendering of contracts covered under the Agreement does not favour suppliers of a particular province.

4. Legitimate Objectives

Recognizes that, in pursuing certain non-trade objectives, such as consumer and environmental protection, public health and safety, it may be necessary for a government to deviate from the three preceding trade rules. In such cases, governments will need to ensure that any legislation or regulations they introduce:

  • do not impair unduly the mobility of persons, goods, services or investments;
  • do not restrict trade, more than absolutely necessary; and
  • do not create a disguised restriction on trade.

Example:

A province may prohibit the transportation of hazardous goods through its territory in unsafe containers. However, insisting on a particular container design rather than a performance standard for the containers may be more trade restrictive than necessary and could be a disguised trade barrier (i.e. if the only firm manufacturing that particular design is located in-province).

5. Reconciliation

Provides the basis for eliminating trade barriers caused by differences in standards and regulations across Canada.

Example:

Governments are required to harmonize standards and related measures on a range of issues including labelling and direct selling.

6. Transparency

Assures that information is fully accessible — through publication and notification — to interested businesses, individuals and governments. Ensures exposure of potentially unacceptable policies and practices to public scrutiny.

Example:

Governments must identify a place where businesses and individuals can get information about their policies. All proceedings before dispute resolution panels must be open to the public.

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Sectoral Chapters

Each of the sectoral chapters in the Agreement outlines specific obligations in a particular economic sector. Highlights of these chapters are included below. (Chapter Twelve: Energy is currently under negotiation.)

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Institutional Provisions

Having succeeded in reaching consensus, governments face the challenge of turning principles into practice. The institutional provisions establish the structure for the effective operation of the Agreement. The ministerial-level Committee on Internal Trade oversees the implementation and operation of the Agreement. This committee determines the areas and timetable of future negotiations on removing internal trade barriers. A secretariat, based in Winnipeg, provides administrative and operational support to the Committee on Internal Trade and any working groups or subcommittees that it establishes.

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Other Provisions

The Agreement contains several other important provisions which recognize that the existing accord is not a final product, but part of an ongoing process of constant improvement. Among the provisions are: trade enhancement arrangements which give governments greater flexibility in entering into new agreements; a relationship to international agreements clause which increases federal-provincial cooperation on global trade matters; and, measures related to future negotiations not covered by the Agreement.

Exceptions

The Agreement on Internal Trade recognizes certain exceptions for reasons of public interest.

  • The federal government may take any action necessary to protect national security or to maintain international peace and security.
  • Aboriginal peoples are not covered and existing aboriginal and treaty rights are not affected
  • The regulation of financial institutions is not covered as this issue is being dealt with in parallel negotiations
  • Measures relating to culture or cultural industries are exempt
  • Measures relating to a general framework of regional economic development are exempt, subject to a number of conditions, including: 
    • when the measure is used, it cannot be more trade restrictive than necessary to achieve its goal;
    • the measure does not unduly impair the access of persons, goods, or services of another province or territory; and
    • public scrutiny and evaluation of regional development programs on a regular basis

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Chapter Five — Procurement

Purpose

To ensure equal access to government procurement for all Canadian suppliers — in a transparent and efficient manner — in order to reduce purchasing costs and to contribute to the development of a strong economy.

Obligations

Governments are not permitted to discriminate against suppliers of another province or territory. This includes means such as local price preferences, biased technical specifications, unfair registration requirements or unreasonable time constraints.

Governments must make opportunities known to suppliers through the use of an electronic tendering system, advertising in daily newspapers or the use of source lists. These must be accessible to all Canadian suppliers.

What's Covered?

All qualified Canadian suppliers have the right to bid on virtually all contracts tendered by most government departments and agencies which exceed $25 000 or greater in case where the largest portion of the procurement is for goods and $100 000 or greater for services and construction.

An electronic tendering system has been developed to improve access to opportunities for suppliers across Canada.

Suppliers can pursue bid protests at any point in the process.

Procurement by municipalities, municipal organizations, school boards and publicly-funded academic, health and social services entities (MASH entities) is also covered in all jurisdictions except British Columbia and the Yukon.

However, for covered MASH entities, the threshold levels are higher than for government departments: $100 000 or greater in the case of goods and services, and $250 000 or greater in the case of construction.

Originally developed to help Canadian companies identify internet sites publishing Canadian public sector tender notice. MARCAN was expanded during the year to clearly identify which public organizations are covered by what rules, the levels at which the rules apply and process that applies to bid protests. MARCAN also provides an up-to-date list of procurement contacts and information on doing business with each government.

What's Not Included?

A number of federal and provincial agencies and Crown corporations, as well as some professional services, are currently excluded from the Agreement. Work is continuing to reduce the list of exceptions.

Federal Government Contact

Roman Staranczak
Senior Policy Analyst
Internal Trade,
Industry Canada,
Telephone: 613-954-0430

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Chapter Six — Investment

Purpose

To ensure that Canadian firms are able to make business decisions based on market conditions rather than on discriminatory or investment-distorting government measures.

Obligations

Provides for non-discriminatory treatment of Canadian businesses regardless of where the head office is located, where the firm is incorporated or where the owners live.

Limits local presence or residency requirements as a condition of carrying on business or making an investment.

Prohibits the use of local content, local purchasing, and local sourcing requirements except in limited cases for regional development programs.

REGISTREX has been created to standardize corporate registration and reporting requirements which should ease the compliance burden for firms conducting business in more than one province or territory.

A Code of Conduct on Incentives prevents a government from "poaching": giving incentives to an enterprise located in another province or territory that would directly result in the relocation of that operation to the government's own territory. It also discourages the use of incentives which could be harmful to the economic interests of other parts of Canada.

What's Covered?

Measures adopted or maintained by the federal, provincial and territorial governments relating to Canadian investors and enterprises.

What's Not Included?

Does not apply to municipal governments or to measures relating to procurement by governments and Crown corporations.

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Annex 608.3 — Code of Conduct on Incentives

Purpose

To affirm that the principles of the Agreement apply to incentives and to minimize the adverse effects of incentives, offered by one province or territory, on the economic interests of other provinces or territories.

Obligations

A government is prohibited from offering incentives that:

  • entice a business to relocate in that province or territory; or
  • allow a business to undercut competitors in another province or territory in obtaining a contract issued in Canada.

Governments are to refrain from providing incentives that would sustain uneconomic operations or increase capacity beyond what is warranted by market conditions. Report on incentives are prepared annually.

What's Covered?

Incentives such as: grants, preferential loans, debt guarantees and equity injections, ax breaks for specific enterprises, and any form of income or price support.

What's Not Included?

General investment promotion activities, such as the provision of market information.

Incentives given to prevent the relocation of an existing operation outside Canada.

Federal Government Contact

Roman Staranczak
Senior Policy Analyst
Internal Trade,
Industry Canada,
Telephone: 613-954-0430

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Chapter Seven — Labour Mobility

Purpose

To enable any worker qualified for an occupation in one part of Canada to have access to employment opportunities within that occupation in any other province or territory.

Obligations

In most cases, the requirement to live in a province or territory as a condition of employment or eligibility to practice an occupation has disappeared.

In most cases, licensing, certification or registration of workers will be based on the competence of workers and does not result in unnecessary delays in obtaining necessary certification.

Qualifications of workers from other parts of the country will be recognized. Differences in occupational standards for over 100 regulated professions and trades are being reconciled.

The Forum of Labour Market Ministers is taking action to fulfill the obligations of this chapter.

Under the terms of the Social Framework Agreement, all provinces (except Quebec) and the territories agreed to meet the labour mobility provisions of the Agreement on Internal Trade by July 1, 2001.

However, Quebec has maintened its commitment to honour the obligations under the AIT with the confidence that regulatory bodies under its jurisdiction would achieve compliance on a voluntary basis within a reasonable period of time.

Which Organizations are Covered?

Government departments, ministries and agencies must comply with the provisions of this chapter.

Governments will ensure compliance with the obligations of this chapter for: regional, local, district and other forms of municipal governments; and, occupational regulatory bodies and non-governmental organizations that exercise authority delegated by law.

Other non-governmental organizations such as unions, education and training establishments, and professional associations have been asked to comply.

More than 400 occupational regulatory bodies have been achieved compliance or are actively working to comply with the provisions of the Labour Mobility Chapter.

What's Not Included?

Certain employment and labour-related issues — differences in social policy measures, labour standards, minimum wages and social assistance benefits — are not covered.

Some practices may still be permitted if they are intended to meet certain objectives, such as public security or labour market development. However, governments are encouraged to find other ways of meeting these objectives without restricting mobility.

Current Situation

By July 1, 2001, 42 of the 51 professional regulatory bodies had achieved full or substantial compliance with the Labour Mobility Chapter requirements. These 42 regulatory bodies accounted for approximately 97% of persons working in the professions.

In the government-regulated trades, the existing Red Seal program already provides for mobility for a majority of tradespersons and most provinces have made recent commitments to extend some form of recognition for tradespersons who are not covered by the Red Seal program.

More information on inter-provincial/territorial labour mobility is available in the: “Report on Implementation of the Labour Mobility Chapter of the Agreement on Internal Trade” that was published by the Forum of Labour Market Minister in December 2001 document.

Federal Government Contact

Labour Mobility Coordinating Group
Bev Davis
Director, FPT Relations
Human Resources Development Canada
Telephone: 819-934-5605

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Chapter Eight — Consumer-Related Measures and Standards

Purpose

To streamline and harmonize standards, regulations and enforcement measures designed for consumer protection. Greater uniformity in standards allows firms to capture the benefits associated with a larger market while providing consumers with more competitive prices and greater product choice. Consistent regulations and standards also provide more certainty for consumers in cross-boundary transactions and increase consumer confidence in the Canadian marketplace.

Obligations

Governments agree to establish the Committee of Ministers responsible for Consumer-Related Measures and Standards, composed of consumer ministers from across the country, as well as an officials-level Committee on Consumer-Related Measures and Standards, commonly called the Consumer Measures Committee (CMC). The CMC provides a standing federal-provincial-territorial forum for national cooperation to improve the marketplace for Canadian consumers, through harmonization of laws, regulations and practices and through actions to raise public awareness.

Governments agree to reconcile differences in consumer-related measures and standards, and ensure that consumer protection is not used to create disguised trade barriers.

Governments agree to refrain from requiring individuals to live in the province or territory as a condition of licensing, registration or certification as a supplier. Local presence and residency requirements for businesses are to be used only where necessary for consumer protection.

Governments may not charge discriminatory fees for licensing, registration or certification of suppliers.

What's Covered?

Measures and standards designed to protect the consumer.

What's Not Included?

No measures are specifically exempted.

Current Situation

Governments have developed consumer protection agreements related to the harmonization of laws governing direct selling, upholstered and stuffed articles and cost of credit disclosure — the three areas specifically mentioned in Chapter Eight. They also signed the Cooperative Enforcement Agreement, which provides for cooperation on such matters as reciprocal investigative powers, enforcement of revocation rights, financial compensation for consumers, and enforcement of judgements. Consumer ministers, supported by the CMC, continue to identify additional areas for harmonization and cooperation. For instance, they have agreed to a harmonized list of prohibited collection agency practices and have approved a harmonized template for internet consumer sales contracts, and are currently addressing such issues as identity theft and the alternative consumer credit market.

Federal Government Contact

Consumer Measures Committee
Michael Jenkin
Director General
Office of Consumers Affairs
Industry Canada
Telephone: 613-954-3277

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Chapter Nine — Agricultural and Food Products

Purpose

To reduce or eliminate measures that create obstacles to internal trade in agricultural and food goods.

Obligations

Governments are to eliminate technical barriers to internal trade. Technical barriers result from differing product and grade standards, plant and animal health regulations, and legislation affecting the movement of products between provinces.

Certain technical barriers related to agricultural trade policies are also within the scope of the Agreement as of September 1, 1997. These include regulations relating to margarine, butter blends and imitation dairy products.

In close consultation with agri-food stakeholders, agriculture ministers are reviewing the scope of Chapter Nine to include all technical barriers with a view to further liberalizing internal trade in agricultural and food goods.

What's Covered?

All agricultural and food goods.

What's Not Included?

Fish, fish products and alcoholic beverages.

Federal Government Contact

Gisele Robichaud
Manager
International Trade-Policy Directorate
Agriculture & Agri-Food Canada
Telephone: 613-773-2781

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Chapter Ten — Alcoholic Beverages

Purpose

To reduce or eliminate barriers to interprovincial trade in alcoholic beverages.

Obligations

Governments are prohibited from discriminating in the areas of listing, pricing, access to points of sale, distribution, merchandising and service costs associated with alcoholic beverages. Governments are to: reconcile differences among standards-related measures, such as labelling and packaging regulations and requirements, as well as oenological practices (wine-making); and, ensure that wine and wine products are labelled in accordance with any national standards that may be developed by the Wine Standards Committee.

Governments are to review and reconcile differences in the definition of wine and wine products given in the Agreement with that developed by the Wine Standards Committee.

What's Covered?

All alcoholic beverages.

What's Not Included?

Certain measures for beer and beer products and wine and wine products listed in the Agreement.

Measures already in place under international trade agreements.

Federal Government Contact

Robert Watts
Agriculture and Agri-Food Canada
930 Carling Avenue
Ottawa, Ont. K1A 0C5
Telephone: 613-759-7557
Fax: 613-773-0181

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Chapter Eleven — Natural Resources Processing

Purpose

To prohibit the introduction of new trade barriers relating to the processing of forestry, fisheries and mineral resource products.

Obligations

Governments are prohibited from introducing natural resources processing measures that discriminate against other Canadian suppliers, subject to certain exceptions.

Governments are to reconcile differences in any measures that impact on trade in the processing of natural resources.

A working group will review whether this chapter has met its objectives and examine the opportunities to enlarge its area of application.

What's Covered?

Applies to measures adopted or maintained by governments related to the processing of natural resources, including the production and sale of forestry, fisheries and mineral resources products.

What's Not Included?

Does not apply to:

  • licensing, certification, registration, leasing or other arrangement of the rights to the harvesting of forestry, fisheries or mineral resources;
  • management or conservation of forestry, fisheries or mineral resources;
  • water; and,
  • certain measures dealing with the export of logs, chips and residuals as well as unprocessed fish.

Federal Government Contact

David McNabb
Director
Natural Resources Canada (NRCan)
Ottawa, ON
K1A 0E4
Telephone: 613-996-3286
Fax: 613-943-8450

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Chapter Thirteen — Communications

Purpose

To enhance Canadian competitiveness by ensuring all Canadians have equal access to public telecommunications networks and their services.

Obligations

Governments may not discriminate in providing access to public telecommunications networks and the use of public telecommunications services.

Governments cannot allow monopolies to use their economic power to engage in anti-competitive behaviour in their non-monopoly markets.

What's Covered?

Measures adopted or maintained by governments relating to communications services and telecommunications facilities.

Federal Government Contact

Roman Staranczak
Senior Trade Policy Analyst
Industry Canada
235 Queen Street
Ottawa, Ontario
K1A 0H5
Telephone: 613-954-0430
Fax: 613-952-2067

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Chapter Fourteen — Transportation

Purpose

To reduce barriers to internal trade in transportation services, particularly for trucking. An efficient trucking sector is essential to Canadian competitiveness. The provisions in this Chapter will help to reduce transportation costs.

Obligations

Governments must reconcile differences among a variety of regulations related to the operation of commercial vehicles. These measures include safety standards, weights and dimensions rules, bills of lading, tax administration, and operating authority requirements for extra-provincial trucking operations.

The Council of Ministers Responsible for Transportation and Highway Safety will help to reconcile differences among these measures, work to further harmonize regulations and standards, and prepare an annual report on its progress.

Specific non-conforming measures listed in the Agreement are to be phased out.

As provided in the Agreement, the federal government and the provinces have worked to develop and implement national motor carrier (truck and bus) safety standards through the National Safety Code for Motor Carriers.

The federal government and the provinces are enacting legislation and regulations to establish a consistent national regime for regulating motor carrier safety performance, based on the National Safety Code carrier compliance standard.

The federal government and the provinces of Quebec, Manitoba, Saskatchewan and British Columbia have, as agreed, repealed legislation which allowed economic regulation of the trucking industry. The federal contribution to this process was the repeal of part III of the Motor Vehicule Transport Act on January 1, 2000. Canadian trucking is now completely deregulated at both the federal and provincial level.

What's Covered?

All interprovincial trade in transportation services, with commercial motor vehicles being most affected.

What's Not Included?

The intercity and charter bus regulation are not covered by this chapter

Federal Government Contact

Joe Greenough
Transport Canada
Tower "C"
27th floor Place de Ville Ottawa, Ont. K1A 0N5
Telephone: 613-998-1914
Fax: 613-998-1914

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Chapter Fifteen — Environmental Protection

Purpose

To ensure that environmental measures do not become unnecessary barriers to internal trade, while permitting governments the flexibility to establish their own environmental priorities and levels of protection.

Obligations

Governments are restricted from applying environmental measures that discriminate against Canadians or create unnecessary barriers to the free flow of goods, services, investment or people across provincial boundaries.

Governments are to harmonize environmental measures that may directly affect interprovincial mobility and trade. This will reduce the compliance and regulatory burden on firms as well as lower the cost of doing business in Canada. Governments must not, through such measures, lower the levels of environmental protection.

Governments will not relax environmental measures to attract business.

The Canadian Council of Ministers of the Environment will:

  • harmonize environmental measures;
  • provide a forum for consultation;
  • administer the dispute settlement provisions of this chapter;
  • notify governments of proposed environmental measures; and
  • prepare an annual report on this chapter.

What's Covered?

Environmental measures adopted or maintained by federal, provincial and territorial governments that may affect the movement of people or interprovincial trade in goods, services or investments.

What's Not Included?

Measures that do not meet this standard are to be listed by July 1, 1997. Each government is to develop a work plan to eliminate such measures by January 1, 2000.

Environmental measures that have no trade-related implications are not covered under this chapter.

Federal Government Contact

Matt Parry
Executive Director,
Environment Canada
10 Wellington Street
Hull, Que. K1A 0H3
Telephone: 819-934-0257

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Dispute Resolution Procedures

The Agreement on Internal Trade has been designed to maximize cooperation and minimize conflict. However, dispute resolution procedures have been put in place to address the differences that will inevitably arise among governments, as well as those between governments and individuals.

The Agreement on Internal Trade offers a range of opportunities to resolve conflicts and lays out the various steps governments or individuals must follow to pursue a complaint.

Government-to-Government Disputes

Chapter Seventeen Procedures

Chapter Seventeen sets out a broad array of options to governments in conflict.

Chapter Seventeen procedures include: a consultation stage where an additional, broader trade perspective may be brought to bear on issues; a stage where the assistance of the Committee on Internal Trade is sought; and, finally, if an issue remains unresolved, the striking of an independent panel of experts to examine the issue and make recommendations for its resolution. Panel proceedings are public.

Once a panel report has been issued, the governments involved are expected to take action to comply with the report's recommendations. If a government does not act to implement the panel's findings or recommendations within 60 days, the panel report is to be made public. Such governments are also expected to report to the annual meeting of the Committee on Internal Trade on progress (or lack of progress) in complying with the panel report.

Compliance/Enforcement

If, after a year, a government has failed to change or remove a measure that a panel has ruled is inconsistent with the Agreement, the complaining party may take retaliatory action — but only after discussions with the Committee on Internal Trade. Any retaliatory measure must be in the same sector (or another sector covered by the AIT) and must have an equivalent economic impact to the inconsistent measure maintained by the other government. Further monetary penalties may be applied, where the size of the penalty depends upon the size of the jurisdiction in question.

Person-to-Government Disputes

In the case of grievances bybusinesses or individuals, a complainant must first use any dispute resolution procedures outlined in the pertinent sectoral chapter to attempt to resolve the problem.

Only after these options are exhausted may a complainant turn to those set out to protect private parties under Chapter Seventeen. The individual or business may request that either the provincial or federal government, whichever has a "substantial connection" with the complainant, pursue their case.

If a government is not prepared to act on behalf of a complainant, the person or company may initiate the person-to-government procedures. The first step is to submit the complaint to an independent "screener" — an impartial individual who will assess the merits of the grievance. If the complaint is not frivolous, the private party may then follow steps similar to the government-to-government process. These include consultations and ultimate recourse to a dispute settlement panel.

At the end of the process — if approved by the panel — a vindicated complainant will recover costs directly related to pursuing the complaint. A panel report would be released to the public if a government failed to bring a measure into conformity with the Agreement. The Committee on Internal Trade would annually review progress in bringing measures into conformity with the report or recommendations of the panel.

Substantial Connection

For a government to be able to act on behalf of a person (i.e., an individual, business or company), there must be a "substantial connection" between them. A "substantial connection" is most often found between individuals and/or businesses and their provincial government. Generally, the test for this is if the person resides in the province, and both the person and the province have experienced some form of economic injury.

The Government of Canada may act on behalf of individuals or business only when they have suffered some economic injury because they are federally-constituted or because they operate under federal regulatory authority. The federal government may not pursue cases on behalf of private party complainants in other circumstances.

Federal Government Contact

Prue Thompson
Senior Trade Policy Analyst
Internal Trade
Industry Canada
235 Queen Street
Ottawa, Ont. K1A 0H5
Telephone: 613-941-0258
Fax: 613-954-0167

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