NEW WEST PARTNERSHIP TRADE AGREEMENT 2019

NEW WEST PARTNERSHIP TRADE AGREEMENT

2019

FOREWORD

This document is a consolidation of the text of the original New West Partnership Trade

Agreement (2010) together with all Protocols of Amendment adopted since the signing of

the Agreement.

Text Entry into force

New West Partnership Trade Agreement July 1, 2010

First Protocol of Amendment January 6, 2015

Second Protocol of Amendment December 31, 2016

Manitoba Transitional Measure Removal July 1, 2017

Third Protocol of Amendment January 1, 2019

Note to Readers: Article 21(3) of the Agreement provides that the Parties may adopt

Joint Decisions relating to the interpretation of the Agreement. These Joint Decisions can

be found on the Agreement’s website.

Contents

PART I: OPERATING PRINCIPLES ............................................................................... 1

The Governments of Manitoba, British Columbia, Alberta and Saskatchewan

RESOLVED to: ................................................................................................................ 1

PART II: ........................................................................................................................... 2

A. EXTENT OF OBLIGATIONS ................................................................................. 2

Article 1: Relationship to the Canadian Free Trade Agreement ........................... 2

Article 2: Scope and Coverage ............................................................................ 2

B. GENERAL RULES ................................................................................................ 2

Article 3: No Obstacles ........................................................................................ 2

Article 4: Non-Discrimination ................................................................................ 2

Article 5: Standards and Regulations ................................................................... 3

Article 6: Legitimate Objectives ............................................................................ 3

Article 7: Transparency ........................................................................................ 4

Article 8: Exceptions ............................................................................................ 4

Article 9: Transitional Measures ........................................................................... 5

C. SPECIAL PROVISIONS ........................................................................................ 5

Article 10: Purpose ........................................................................................... 5

Article 11: Investment ...................................................................................... 6

Article 12: Business Subsidies ......................................................................... 6

Article 13: Labour Mobility ................................................................................ 6

Article 14: Procurement ................................................................................... 7

Article 15: Energy ............................................................................................. 8

Article 16: Transportation ................................................................................. 9

PART III: ADMINISTRATIVE PROVISIONS ................................................................. 10

Article 17: Ministerial Committee .................................................................... 10

Article 18: Ministerial Committee Structure and Procedures .......................... 10

Article 19: Administrative Facilities ................................................................. 10

Article 20: Accession and Withdrawal ............................................................ 11

Article 21: Further Negotiations and Joint Decisions ...................................... 11

Article 22: Further Cooperation ...................................................................... 11

Article 23: Entry Into Force ............................................................................. 11

PART IV: DISPUTE RESOLUTION MECHANISM ........................................................ 12

Article 24: Application .................................................................................... 12

Article 25: Consultations ................................................................................ 12

Article 26: Establishment of a Panel .............................................................. 14

Article 27: Panel Proceedings ........................................................................ 15

Article 28: Implementation of Final Report ..................................................... 17

Article 29: Non-Implementation ...................................................................... 17

Article 30: Determination of Monetary Awards ............................................... 18

Article 31: Judicial Review ............................................................................. 18

Article 32: Costs and Remuneration .............................................................. 19

Article 33: Abridgement or Extension of Time Periods ................................... 20

Article 34: Other Provisions ............................................................................ 20

PART V: EXCEPTIONS ................................................................................................ 21

A. GENERAL EXCEPTIONS ................................................................................... 21

B. BUSINESS SUBSIDIES ...................................................................................... 21

C. GOVERNMENT PROCUREMENT ...................................................................... 22

D. ENERGY AND MINERALS ................................................................................. 23

E. TRANSPORTATION ........................................................................................... 23

F. REGIONAL ECONOMIC DEVELOPMENT ......................................................... 23

G. FORESTS, FISH AND WILDLIFE ....................................................................... 23

H. ENVIRONMENT .................................................................................................. 24

I. INVESTMENT ....................................................................................................... 24

J. ENERGY .............................................................................................................. 24

K. AGRICULTURE ................................................................................................... 24

L. ENERGY .............................................................................................................. 25

M. TRANSPORTATION ........................................................................................... 25

N. AGRICULTURE ................................................................................................... 25

O. INVESTMENT ..................................................................................................... 25

P. AGRICULTURE ................................................................................................... 26

PART VI: DEFINITIONS ................................................................................................ 27

APPENDIX I ............................................................................................................ 33

TRANSITIONAL MEASURES ................................................................................. 33

MANITOBA ............................................................................................................. 33

SCHEDULE 1 .......................................................................................................... 34

SCHEDULE 2 .......................................................................................................... 36

SCHEDULE 3 .......................................................................................................... 38

SCHEDULE 4 .......................................................................................................... 39

SCHEDULE 5 .......................................................................................................... 42

SCHEDULE 6 .......................................................................................................... 46

SCHEDULE 1 – FORM OF CONSULTATION REQUEST UNDER ARTICLE 25(2)……43

SCHEDULE 2 – FORM OF CONSULTATION REQUEST UNDER ARTICLE 25(1) AND

25(4)……………………………………………………………….………………………….....45

iii

SCHEDULE 3 – CRITERIA FOR THE APPOINTMENT OF POTENTIAL PANELLISTS–

ARTICLE 26(1)…………………………………………………………………………………47

SCHEDULE 4 – FORM OF CONSENT TO ARBITRATION – ARTICLE 26(4)…….……48

SCHEDULE 5 – REMUNERATION AND COSTS UNDER ARTICLE 32(5)……..…..….51

SCHEDULE 6 – CODE OF CONDUCT FOR DISPUTE RESOLUTION PANELLISTS–

ARTICLES 26(8)……………………..…………….…………………………………………..55

PART I:

OPERATING PRINCIPLES

The Governments of Manitoba, British Columbia, Alberta and Saskatchewan

RESOLVED to:

ESTABLISH a comprehensive agreement on trade, investment and labour mobility

that applies to all sectors of the economy;

ELIMINATE barriers that restrict or impair trade, investment or labour mobility;

ENHANCE competitiveness, economic growth and stability;

INCREASE opportunities and choice for workers, investors, consumers and

businesses;

REDUCE costs for consumers, businesses and governments;

PROVIDE access to information to facilitate trade, investment and labour mobility;

PROMOTE sustainable and environmentally sound development, and high levels of

consumer protection, health and labour standards;

COOPERATE on matters related to trade, investment and labour mobility;

MINIMIZE the impacts of other measures that may adversely affect trade, investment

or labour mobility;

RESOLVE disputes in an effective, inexpensive and timely manner;

SUPPORT ongoing trade and investment liberalization both nationally and

internationally; and

DEMONSTRATE the benefits of freer trade within Canada by simplifying and

expanding upon the scope and coverage of the Canadian Free Trade Agreement;

HEREBY AGREE as follows:

PART II:

A. EXTENT OF OBLIGATIONS

Article 1: Relationship to the

Canadian Free Trade Agreement

1. This Agreement is established pursuant to Article 1203 (Trade, Investment, and

Labour Mobility Enhancing Arrangements) of the Canadian Free Trade Agreement,

which permits the Parties to enter into additional arrangements to liberalize trade,

investment and labour mobility beyond the level required by that Agreement.

2. In the event of an inconsistency between any provision in Parts II and V of this

Agreement and any provision of the Canadian Free Trade Agreement, the provision

that is more conducive to liberalized trade, investment and labour mobility prevails

among the Parties. In the event that such a provision of the Canadian Free Trade

Agreement is determined to be more conducive to liberalized trade, investment and

labour mobility, that provision is hereby incorporated into and made part of this

Agreement.

Article 2: Scope and Coverage

1. This Agreement applies to measures of the Parties and their government entities that

relate to trade, investment and labour mobility.

2. Each Party is responsible for compliance with this Agreement by its government

entities.

3. The benefits of this Agreement accrue only to the Parties and their persons.

B. GENERAL RULES

Article 3: No Obstacles

1. Each Party shall ensure that its measures do not operate to restrict or impair trade

between, among or through the territory of the Parties, or investment or labour mobility

between or among the Parties.

Article 4: Non-Discrimination

1. Each Party shall accord to:

(a) like, directly competitive or substitutable goods;

(b) persons;

(d) investors or investments

of the other Parties treatment no less favourable than the best treatment it accords, in

like circumstances, to its own or those of any other Party or non-Party.

2. Each Party shall ensure that any charges it applies to persons, goods, services,

investments or investors of the other Parties are the same as those charged to its own,

in like circumstances, except to the extent that any difference can be justified by an

actual cost-of-service differential.

Article 5: Standards and Regulations

1. Parties shall mutually recognize or otherwise reconcile their existing standards and

regulations that operate to restrict or impair trade, investment or labour mobility.

2. Parties shall, where appropriate and to the extent practicable, specify standards and

regulations in terms of results, performance or competence.

3. Parties shall not establish new standards or regulations that operate to restrict or

impair trade, investment or labour mobility.

4. Parties shall continue to work toward the enhancement of sustainable development,

consumer and environmental protection, and health, safety and labour standards and

the effectiveness of measures relating thereto.

5. Parties shall cooperate to minimize differences in standards or regulations adopted or

maintained to achieve legitimate objectives.

Article 6: Legitimate Objectives

1. A Party may adopt or maintain a measure that is inconsistent with Articles 3, 4 or 5, or

Part II(C) provided the Party can demonstrate:

(a) the purpose of the measure is to achieve a legitimate objective;

(b) the measure is not more restrictive to trade, investment or labour mobility than

necessary to achieve that legitimate objective; and

mobility.

2. Subject to paragraph 1, Parties may establish the level of protection necessary to

achieve a legitimate objective.

3. No Party shall prohibit or restrict an investment or the import of any good or service

from any other Party or the export of any good or service to any other Party for a

legitimate objective unless the prohibition or restriction on investment or the import of

the like good or service from all Parties and non-Parties or the export of the like good

or services to all Parties and non-Parties is similarly prohibited or restricted.

Article 7: Transparency

1. Each Party shall ensure that its measures covered by this Agreement are made

readily accessible.

2. A Party proposing to adopt or amend a measure covered by this Agreement shall, to

the extent practicable:

(a) notify the other Parties of its intention;

(b) provide a copy of the proposed measure to any other Party upon request; and

take such comments into consideration.

3. Each Party shall ensure that documents requested by another Party or interested

persons of a Party are supplied in a non-discriminatory manner and that any fees

charged therefor are reasonable.

4. Nothing in this Agreement shall be construed to require a Party to provide or allow

access to information the disclosure of which would:

(a) be contrary to its freedom of information or privacy legislation;

(b) impede law enforcement;

(d) involve a waiver of privilege; or

(e) otherwise be contrary to the public interest.

5. This Article applies notwithstanding any other provision of this Agreement.

6. The provision of notice under paragraph 2 is without prejudice as to whether the

measure is consistent with this Agreement.

Article 8: Exceptions

1. With the exception of this Article, measures listed in Part V are not subject to Parts II

and IV and the Bid Protest Mechanism, except as otherwise provided in Part V.

2. Additional measures may be added to Part V only by agreement of the Parties.

3. A Party may, of its own accord, remove any of its measures listed in Part V.

Article 9: Transitional Measures

1. With the exception of this Article, measures listed in Appendix I are not subject to

Parts II and IV and the Bid Protest Mechanism, except as otherwise provided therein.

2. Parties shall:

(a) ensure that no measure listed in Appendix I is amended or renewed in a

manner that would decrease its consistency with this Agreement; and

(b) seek to minimize any adverse effects of measures listed in Appendix I on the

other Parties and their persons.

3. A Party may, of its own accord, remove any of its measures listed in Appendix I.

4. Additional measures may be added to Appendix I only by agreement of the Parties.

5. For greater certainty, subject to paragraph 6, nothing in Appendix I affects the rights

and obligations of this Agreement as among British Columbia, Alberta and

Saskatchewan.

6. No Party or person shall have recourse to Part IV or the Bid Protest Mechanism

regarding any measure of British Columbia, Alberta or Saskatchewan falling within the

scope of one of the subject matters specified in Appendix I, as that measure applies to

Manitoba or a Manitoba person, during the transition period provided to Manitoba for

the same subject matter.

C. SPECIAL PROVISIONS

Article 10: Purpose

1. The special provisions in this Part II(C) augment and further elaborate upon the

general rules in Part II(B).

2. Except for Article 6, where a provision in this Part II(C) is inconsistent with a provision

in Part II(B), the provision in this Part shall prevail to the extent of the inconsistency.

Article 11: Investment

1. (a) Parties shall reconcile their business registration and reporting requirements

so that an enterprise meeting such requirements of one Party shall be deemed

to have met those of all other Parties.

(b) Parties and their municipal governments shall consider options to provide for

the reconciliation of municipal business licenses. Until such time as the matter

is resolved, subparagraph (a) will not apply to municipal business licenses.

2. No Party shall require an enterprise of another Party to establish or maintain a

representative office or enterprise, or to be resident, in its territory as a condition for

carrying on business activities.

3. A requirement by a Party that an enterprise has an agent located within its territory for

service of notices of proceedings or other judicial documents is deemed not to be a

requirement to establish or maintain a local presence or to be resident in its territory.

Parties shall further consider options for eliminating measures requiring the

designation or maintenance of agents for service.

4. Nothing in this Agreement shall be construed to prevent a Party from maintaining,

designating, or regulating a monopoly for the provision of goods or services within its

own territory.

Article 12: Business Subsidies

1. Parties shall not directly or indirectly provide business subsidies that:

(a) provide an advantage to an enterprise that results in material injury to a

competing enterprise of another Party;

(b) entice or assist the relocation of an enterprise from another Party; or

unless such subsidy is to offset a subsidy being offered by a non-Party or to an entity

not subject to this Article.

2. Parties shall jointly encourage non-Parties to eliminate subsidies to business and

refrain from bidding wars.

Article 13: Labour Mobility

1. Any worker certified for an occupation by a regulatory authority of a Party shall be

recognized as qualified to practice that occupation by the other Parties.

2. Requirements imposed on workers to obtain a license, certification, or to register with

a Party or one of its regulatory authorities prior to commencing work within the territory

of that Party shall be deemed to be consistent with paragraph 1 provided that no

material additional training, education, experience or examinations are required as

part of that registration procedure and registrations are processed on a timely basis.

3. For greater certainty, and without limiting the general application of Part II(B) to such

measures, a regulatory authority of a Party may refuse to certify or recognize a

worker, or may impose conditions or restrictions on a worker, provided that the refusal

or imposition of conditions or restrictions complies with Article 6.

4. Any worker certified to practice a trade under the Red Seal Program shall be

recognized as qualified to practice that trade by the Parties.

Article 14: Procurement

1. Further to Articles 3 and 4, Parties will provide open and non-discriminatory access to

procurements of the following government entities:

(a) departments, ministries, agencies, boards, councils, committees, commissions

and similar agencies of a Party where the procurement value is:

(i) $10,000 or greater for goods;

(ii) $75,000 or greater for services; or

(iii) $100,000 or greater for construction; and

(b) Crown corporations, government owned commercial enterprises, and other

entities that are owned or controlled by a Party through ownership interest

where the procurement value is:

(i) $25,000 or greater for goods;

(ii) $100,000 or greater for services; or

(iii) $100,000 or greater for construction; and

publicly-funded academic, health and social service entities, as well as any

corporation or entity owned or controlled by one or more of the preceding

entities where the procurement value is:

(i) $75,000 or greater for goods;

(ii) $75,000 or greater for services; or

(iii) $200,000 or greater for construction.

2. Articles 3 and 4 do not apply to any procurement under the thresholds specified in

paragraph 1.

3. Parties shall ensure that government entities post tender notices for all covered

procurement through an electronic tendering system or systems provided by the

Party. Additional means of providing notices may be used.

4. (a) The Parties shall be signatory to the Agreement Among The Parties To The

New West Partnership Establishing the Bid Protest Mechanism.

(b) The Bid Protest Mechanism shall be available to suppliers of the Parties

seeking resolution of complaints relating to specific procurements covered by

this Agreement.

cost awards, and bid-preparation cost awards issued by an arbiter under Article

7 of the Bid Protest Mechanism relating to a specific procurement covered by

this Agreement shall be enforceable in the same manner as an order issued by

that Party’s superior court.

(d) Part IV does not apply to a dispute relating to a specific procurement.

5. (a) A government entity participating in a buying group shall ensure that any

procurement undertaken through the buying group is carried out in a manner

consistent with the government entity’s obligations under this Agreement.

(b) Notwithstanding paragraph (a) but subject to paragraph (c), this Agreement

does not apply to procurements of a government entity undertaken through a

buying group that includes a participating non-government entity if the buying

group is not controlled or directed by one or more government entities.

(b) then:

(i) the government entity must ensure that any specific procurement in

which the government entity participates is undertaken by that buying

group in a manner consistent with the government entity’s obligations

under Article 4; and

(ii) the government entity has no obligations under this Agreement relating

to any specific procurement of that buying group in which the

government entity does not participate.

Article 15: Energy

1. Parties shall ensure that their standards-related electricity measures are not

incompatible with generally accepted and applicable North American standards or

standards of the Western Interconnection Region, including those relating to energy

system security and reliability.

2. Parties shall work toward improving existing arrangements and promote enhanced

interjurisdictional trade in energy.

Article 16: Transportation

1. Parties shall require all vehicles owned by a person of a Party to be licensed and

registered in the Party where the person is ordinarily resident.

2. Each Party shall provide full and free registration reciprocity for temporary inter- and

intra-provincial vehicle operations as provided for by the Canadian Agreement on

Vehicle Registration (CAVR) without exceptions or additional registration fees for

those Category B vehicles described in paragraph 1(a)(i) of CAVR. For the purposes

of this Agreement, temporary intra-provincial operation as referenced in paragraph 4

of CAVR means operation for a period of up to 90 days in a calendar year. A Party

may require carriers operating such vehicles in its territory in excess of 90 days in any

calendar year to obtain a prorated license or temporary operating permit.

3. Upon request, a Party shall identify to the requesting Party its carriers having a

National Safety Code number for any vehicle with a licensed gross vehicle weight of

less than 11,794 kg.

4. Parties shall continue to work toward the enhancement of public safety and

preservation of highway infrastructure through measures relating to cargo

securement, and vehicle configurations, weights and dimensions.

PART III:

ADMINISTRATIVE PROVISIONS

Article 17: Ministerial Committee

1. Each Party shall appoint a Minister to a Ministerial Committee to:

(a) ensure the implementation of and ongoing adherence to this Agreement;

(b) review annually the exceptions listed in Part V with a view to reducing their

scope;

(d) consider reports of any working groups formed under this Agreement;

(e) subject to Articles 8(3) and 9(3), approve any amendments to the Agreement;

and

(f) consider any other matter that may affect the operation of this Agreement.

Article 18: Ministerial Committee Structure and Procedures

1. The Ministerial Committee shall be composed of cabinet level representatives

authorized to act on behalf of their respective governments in matters pertaining to

this Agreement.

2. The Ministerial Committee shall be convened upon the request of any Party.

3. The Ministerial Committee may establish its own practices and procedures.

4. All decisions and recommendations of the Ministerial Committee shall be taken by

consensus.

Article 19: Administrative Facilities

1. Parties shall appoint and fund an administrator pursuant to the administrator

agreement and shall publish the contact details for the administrator on the

Agreement’s website.

2. Each Party shall maintain a contact point for the other Parties or interested persons of

the other Parties to answer or refer reasonable enquiries and to provide information in

a timely manner pertaining to its existing and proposed measures and other matters

covered by this Agreement. The Parties shall publish the contact points on the

Agreement’s website.

Article 20: Accession and Withdrawal

1. Further to Article 1203 (Trade, Investment and Labour Mobility Enhancing

Arrangements) of the Canadian Free Trade Agreement, any Canadian province,

territory or the Federal Government may accede to this Agreement upon acceptance

of its terms.

2. A Party may withdraw from this Agreement on 12 months written notice to the other

Parties.

Article 21: Further Negotiations and Joint Decisions

1. The Parties may enter into negotiations to amend this Agreement.

2. The Parties may establish such working groups as they consider necessary to ensure

that the obligations of this Agreement are met.

3. The Parties may, at any time, issue a joint decision declaring their interpretation of this

Agreement. All such joint decisions shall be binding on panels and arbiters, and any

subsequent decision or award of a panel issued under Part IV or any decision issued

under the Bid Protest Mechanism must be consistent with all such prior joint decisions.

The Parties shall post all such joint decisions on the Agreement’s website.

Article 22: Further Cooperation

1. Parties shall cooperate to promote their mutual interests nationally and internationally.

2. Parties shall continue to jointly advocate for the removal of any Federal Government

measures that operate to restrict, impair or distort trade, investment and labour

mobility among the Parties.

Article 23: Entry Into Force

1. This Agreement shall enter into force on July 1, 2010.

PART IV:

DISPUTE RESOLUTION MECHANISM

Article 24: Application

1. Subject to Article 14(4)(d), this Part applies to the avoidance and resolution of

disputes between Parties, or between persons and Parties, regarding the

interpretation or application of this Agreement.

2. A person of a Party must exhaust all other reasonable means to resolve a matter prior

to using the procedures set out in this Part.

3. Further to paragraph 2, where a dispute falls within the jurisdiction of a regulatory body

with an established dispute resolution process, that process must be used prior to

using the procedures set out in this Part.

4. A person is not required to complete a judicial review application or other court

proceeding in order to comply with the requirements of paragraph 2. However, any

engagement in such a proceeding related to the same matter will result in suspension

of the proceeding under this Part until that other proceeding has been completed.

5. A person may not initiate proceedings under this Part if more than two years have

elapsed from the later of:

(a) the date on which the person first acquired, or should have first acquired,

knowledge of the alleged inconsistency; and

(b) the date on which all the requirements of paragraph 2 have been met.

6. Where a Party or person believes that a measure is inconsistent with this Agreement

and any other trade agreement, that Party or person must choose which agreement’s

dispute resolution process to use and, once chosen, will have no recourse to the other

process regarding that same measure.

Article 25: Consultations

1. A Party may request that another Party engage in consultations to resolve any matter

regarding the interpretation or application of this Agreement.

2. Where a person of a Party has met the requirements of Article 24, that person may

request that a Party initiate consultations with the responding Party on the person’s

behalf, using the form of request set out in Schedule 1.

3. The Party must respond to the person’s request within 21 days of its delivery. Any

failure to respond to the request within 21 days shall be deemed to be a rejection of

the request.

4. A person may proceed with its own request for consultations if:

(a) the person’s request was rejected under paragraph 3; or

(b) the person’s request was accepted under paragraph 2, but more than 60 days

have passed since the delivery of its request under paragraph 2 and the

requested Party has failed to request the establishment of a panel under Article

26(2);

and not more than six months have elapsed since the date the person delivered the

request under paragraph 2.

5. A request for consultations under paragraph 1 or 4 shall:

(a) be in the form set out in Schedule 2;

(b) provide the factual basis for the matter, including the measure or proposed

measure at issue;

(d) describe in detail the alleged inconsistency and the possible economic effect of

the measure;

(e) describe the relief or remedy sought; and

(f) provide an address for service.

Should the matter proceed to a panel under Article 26, the consultation request shall

establish the basis of the complaint.

6. A copy of a request for consultations made under this Article shall be simultaneously

delivered to the administrator.

7. Any other Party may participate in the consultations upon providing written notice to

the administrator within ten days of receiving a copy of the request for consultations.

8. The consulting parties shall exchange all information necessary to enable a full

examination of the matter.

9. Consulting parties may include relevant sectoral and trade officials in the

consultations and, by agreement, may use mediation or other cooperative means to

resolve the matter.

10. Consultations shall be confidential and without prejudice to the rights of the consulting

parties in any further proceedings.

11. Consultations shall be completed within 30 days from delivery to the responding Party

of the request for consultations.

12. Any failure by a responding Party to engage in consultations does not prejudice the

right of a consulting party to request the establishment a panel.

Article 26: Establishment of a Panel

1. Each Party will maintain a list of at least five individuals that meet the criteria set out in

Schedule 3 to act as panellists. If a Party fails to maintain a list, the other Parties’ lists

of panellists shall be exclusively used.

2. If consultations under Article 25 have failed to resolve the matter, any consulting party

individually, or two or more consulting parties collectively, may request the

establishment of a panel to consider the matter by delivering a request therefor to the

administrator.

3. If no request to establish a panel has been made within two years after the date the

request for consultations was delivered, the proceeding is automatically terminated.

4. In order for a person to access the panel process established under this Article, the

person must acknowledge, in writing, its consent and provide a financial deposit in

accordance with Schedule 4. The panel may require the provision of further deposits

at its discretion. Failure to provide any such financial deposits shall result in automatic

termination of the proceedings.

5. Where a request has been delivered under paragraph 2, within 15 days of delivery of

the request the responding Party and the complainant shall each select one panellist.

No Party shall select from its own list and no person shall select from its Party’s list. If

a disputant fails to select a panellist within 15 days, the administrator shall select a

panellist by lot from the applicable lists on that disputant’s behalf.

6. Within ten days of their appointment, the two panellists shall choose, by consensus, a

panellist from the list of any Party to chair the proceedings. If the two panellists are

unable to agree, they shall choose a chair by lot from the lists of the Parties.

7. As an alternative to the panel selection process under paragraphs 5 and 6, the

disputants may, by agreement and within 15 days of the commencement of the

selection process under paragraph 5, choose a single panellist to consider the matter.

For greater certainty, the selected panellist need not be chosen from the lists

established under paragraph 1.

8. All panellists selected must be independent and impartial in the matter under dispute

and otherwise comply with the code of conduct. Any alleged violations of the code of

conduct shall be dealt with in accordance with the procedures provided in the code of

conduct.

9. If for any reason a panellist is removed or is unable to further participate in a

proceeding, a replacement panellist shall be appointed using the same process that

was used to appoint the original panellist.

Article 27: Panel Proceedings

1. Following delivery of the panel request under Article 26(2), any non-disputant Party

may, by delivering a written notice to the administrator, participate in the proceeding

as an intervenor and attend all hearings, make written and oral submissions to the

panel and receive the written submissions of the disputants. Any such notice must be

delivered within 15 days of the date of delivery of the panel request under Article

26(2), failing which the non-disputant Party shall not participate further in the

proceeding.

2. If at any time prior to the hearing, one or more additional requests under Article 26(2)

are received by the administrator relating to the same measure, the proceedings shall

thereafter be consolidated into one proceeding. In the event of a consolidation of

proceedings, the panel may adjust the remaining time periods accordingly.

3. A non-disputant person who wishes to make submissions in a proceeding may deliver

a written request to do so to the administrator within 15 days of delivery of the panel

request to the administrator under Article 26(2). Participation in a proceeding by a

non-disputant person is at the discretion of the panel, and in all cases shall be limited

to written submissions. Government entities may not submit requests to participate

under this paragraph.

4. Within seven days of the panel being established under Article 26(6) or 26(7), the

complainant, if a person, will deliver to the administrator a copy of the notice, if any,

issued under Article 25(3).

5. Subject to the requirements of this Part, the panel shall convene a pre-hearing

conference to consult with the participants on the manner in which it intends to

proceed and, through the administrator, shall notify the participants.

6. Without prejudice to a panel’s authority to address other objections as preliminary

questions, a panel shall address and decide as a preliminary question any objection

relating to its jurisdiction or any objection by the responding Party that the matter

under dispute is not within the scope of the Agreement.

7. The complainant shall deliver a written submission to the administrator within 15 days

after the panel has been established under Article 26(6) or 26(7). If the complainant

fails to deliver its submission in accordance with this paragraph, the dispute shall be

automatically terminated.

8. The written submissions of the other participants and non-disputant persons shall be

delivered to the administrator within 30 days of the delivery of the complainant’s

submission by the administrator. If any other participant or non-disputant person fails

to deliver its submission in accordance with this paragraph, the proceeding shall

continue and that participant or non-disputant person is thereafter barred from any

further participation in the proceeding unless authorized by the panel.

9. Subject to Article 7(4) and any concerns relating to confidential information, panel

hearings shall be open to the public, and the panel shall determine, in consultation

with the participants, the appropriate logistical arrangements therefor.

10. The oral hearing of the matter shall take place no sooner than 21 days following the

delivery deadline provided under paragraph 8 and shall take place at a location within

the territory of the responding Party, as determined by the panel.

11. No later than 15 days prior to the oral hearing each disputant shall communicate to the

administrator the names and roles of the persons in their delegation who will attend

the hearing.

12. In establishing time allocations for the oral hearing, the panel shall ensure the

participants are each provided with sufficient opportunity to adequately present their

case.

13. No further evidence shall be introduced at the oral hearing without the panel’s

consent. Where a panel grants such consent, the panel shall permit other participants

adequate opportunity to consider and respond to such new evidence.

14. On agreement of the disputants, the panel process may be suspended or terminated

at any time prior to the issuance of the panel’s final report. Where proceedings have

been suspended by such agreement, any disputant may subsequently apply to have

the panel end the suspension and determine the manner in which the panel intends to

proceed. The disputants shall deliver written notice of any such agreement or

subsequent application to end the suspension to the administrator.

15. The panel shall, within 45 days of the oral hearing, issue a report to the participants

that contains:

(a) findings of fact;

(b) rulings on any applicable interpretations and whether the measure at issue is or

would be inconsistent with this Agreement;

(d) recommendations, if any, to resolve the dispute;

(e) specification of a reasonable period of time for implementation of the panel’s

recommendations, which shall be no longer than one year from the issuance of

the report; and

(f) determination as to the amount and apportionment of costs as provided for

under Article 32.

16. Within ten days of the delivery of the panel report to the participants, any disputant

may request in writing to the administrator that the panel clarify or reconsider any part

of the panel report. If no such request is received by the administrator within that ten

day period, the panel’s report will be considered to be final.

17. Within five days of delivery of a request to the administrator under paragraph 16, the

other participants may provide a response thereto to the administrator. The panel

shall, within 15 days of delivery of the initial request to the administrator, provide the

requested clarification or rule on the requested reconsideration. Thereafter, the

panel’s report, including any clarification or reconsideration thereof issued by the

panel, will be considered to be final.

18. Subject to Article 31, the final panel report is binding on the disputants. Subject to

Article 7(4) and any concerns relating to confidential information, the final report shall

be made public.

Article 28: Implementation of Final Report

1. The disputants shall, within 30 days of delivery of the final panel report, agree on the

resolution of the dispute. Absent any other agreement between the disputants,

resolution of the dispute will require compliance with the determinations and

recommendations of the panel.

Article 29: Non-Implementation

1. If a complainant believes the final panel report or the agreement reached between the

disputants under Article 28 has not been complied with, the complainant may request

that a panel be convened to determine whether there has been compliance. Such

request shall be made in writing to the administrator.

2. The panel established to determine if there has been compliance shall be composed

of the original panellists unless otherwise agreed to by the disputants. Any original

panellist unwilling or unable to participate, shall be replaced using the panel selection

process established under Article 26.

3. The panel shall convene within 30 days after the date of delivery of the request to the

administrator under paragraph 1. The panel shall determine the manner in which it

intends to proceed and, through the administrator, shall so notify the disputants.

4. Any participant shall be permitted to make oral and written submissions to the panel

regarding compliance with the final panel report.

5. Subject to Article 7(4) and any concerns relating to confidential information, the panel

hearing shall be open to the public and the panel shall determine, in consultation with

the disputants, the appropriate logistical arrangements therefor.

6. The panel shall, within 30 days of being convened, determine whether the final panel

report or the agreement reached between the disputants has been complied with and

issue a compliance report.

7. If the panel determines that there has not been compliance, it shall:

(a) if all disputants are Parties, issue a monetary award determined in accordance

with Article 30 or authorize retaliatory measures of equivalent economic effect,

or both; or

(b) if any complainant is a person, issue a monetary award determined in

accordance with Article 30.

8. Subject to any judicial review initiated under Article 31, any remedy determined under

paragraph 7 shall be effective at a time of the panel’s discretion.

9. Subject to Article 31, the compliance report is binding on the disputants and, subject to

Article 7(4) and any concerns relating to confidential information, shall be made

public.

Article 30: Determination of Monetary Awards

1. In determining the amount and allocation among individual complainants of any

monetary award under Article 29(7), the panel shall take into account:

(a) the efforts made by the responding Party to conform with the recommendations

of the panel in the final panel report or the agreement between the disputants

under Article 28;

(b) the nature and extent to which the measure has caused economic injury to the

complainant and the extent to which that injury would continue should the

responding Party continue to be non-compliant; and

2. In no circumstances shall a monetary award exceed $5 million with respect to any one

matter under consideration.

Article 31: Judicial Review

1. A disputant may request judicial review of a final panel report within 15 days of it being

considered final pursuant to Article 27(17), or of a compliance report within 15 days of

it being issued pursuant to Article 29(6) under:

(a) section 30 of the Arbitration Act (RSBC 1996 c. 55) if the responding Party is

British Columbia;

(b) subsection 45(1)(c) and (f) through (i), and subsection 45(8) of the Arbitration

Act (RSA 2000, c. A-43) if the responding Party is Alberta;

1992 (SS 1992, c. A-24.1) if the responding Party is Saskatchewan; and

(d) clauses 45(1)(c) and (f) through (i) of The Arbitration Act (C.C.S.M. c. A120) if

the responding Party is Manitoba;

and solely for the purpose of this Article, the Parties agree that this Part constitutes an

“arbitration agreement” and any final report and compliance report constitutes an

“award” as those terms are defined in the applicable statute.

2. In the event that a disputant files a request for judicial review of a final panel report or

compliance report with the applicable court, that disputant shall concurrently notify the

administrator in writing of the request.

3. Upon receiving notification of a request for judicial review under paragraph 2:

(a) the administrator shall suspend the application of Article 32(3);

(b) the time for payment of any award of costs as set out in a final panel report shall

be suspended; and

measures as set out in a compliance report shall be suspended;

until the matter has been finally disposed of by the court or a subsequent panel, as the

case may be.

4. After the matter has been finally disposed of, the administrator shall apply Article 32(3)

to the financial deposits in accordance with the result of the judicial review application

or any subsequent final panel report, as the case may be.

Article 32: Costs and Remuneration

1. The costs of a proceeding shall in principle be borne by the unsuccessful

participant(s). However, the panel may apportion costs at its discretion if it determines

that some other apportionment is reasonable taking into account the circumstances of

the case. In no case shall intervenors be collectively responsible for more than

one-third of the costs.

2. For greater certainty, if the panel proceedings are terminated prior to the issuance of

the final panel report, the panel retains the power to apportion any costs incurred up to

such termination.

3. After the final panel report has been issued, the administrator shall render an

accounting to the disputants of the financial deposits received and shall return any

unexpended balance to the complaining person.

4. Each Party shall provide under its laws that any monetary award issued under Article

29(7), or any award of costs under this Article, shall be enforceable in the same

manner as an order issued by that Party’s superior court.

5. Schedule 5 sets out the maximum amounts of remuneration and expenses that are to

be paid to the administrator and panellists, as well as other costs that may be awarded

by the panel. No other costs may be assessed by a panel against the participants.

Article 33: Abridgement or Extension of Time Periods

1. Consulting parties or disputants may, by agreement, abridge or extend any time

period specified in this Part.

2. The panel may extend the time limits established in this Part if it is fair and equitable to

do so and after having afforded the participants the opportunity to provide comments.

Article 34: Other Provisions

1. Parties may only be represented by the officials of the Ministers responsible for the

Agreement and their designates.

2. The administrator, the panel and all participants shall take all necessary steps to

protect any information identified by a participant as being confidential.

3. Except as otherwise provided, in the course of a proceeding under this Part, when a

document is delivered to the administrator, the administrator will immediately

thereafter deliver a copy of the document to the panel, all Parties and the participants.

4. Where, in any proceeding, a question of procedure arises to which this Part does not

provide an answer, or the answer provided is incomplete, the question shall be

disposed of by the panel in such a matter as the panel decides is reasonable in the

circumstances and consistent with the principles of fairness.

PART V:

EXCEPTIONS

ALL PARTIES

A. GENERAL EXCEPTIONS

1. Measures adopted or maintained relating to:

(a) Aboriginal peoples;

(b) Water, and services and investments pertaining to water;

(d) Subject to Articles 4 and 12, other revenue generation, including royalties and

mark-ups, and associated compliance mechanisms;

(e) Regulated rates established for the public good or public interest;

(f) Social policy, including labour standards and codes, minimum wages,

employment insurance, social assistance benefits and worker’s compensation;

(g) Subject to Article 4, land use.

B. BUSINESS SUBSIDIES

1. Measures adopted or maintained to provide:

(a) Compensation to persons for losses resulting from calamities such as diseases

or disasters;

(b) Assistance for book and magazine publishers, sound recordings, and film

development, production and distribution;

(d) Assistance for academic research; or

(e) Assistance to non-profit organizations.

C. GOVERNMENT PROCUREMENT

1. Articles 3, 4 and 14 do not apply in the circumstances listed below in paragraph 2

provided that procurement procedures are not used by the procuring Party to avoid

competition, discriminate between suppliers, or protect its suppliers.

2. Procurements:

(a) from philanthropic institutions, prison labour or persons with disabilities;

(b) from a public body or a non-profit organization;

or construction purchased for representational or promotional purposes

outside the territory of a Party;

(d) of health services and social services;

(e) on behalf of an entity not covered by Article 14;

(f) by entities which operate sporting or convention facilities, in order to respect a

commercial agreement containing provisions incompatible with Article 3, 4 or

14;

(g) where it can be demonstrated that only one supplier is able to meet the

requirements of a procurement;

(h) where an unforeseeable situation of urgency exists and the goods, services or

construction could not be obtained in time by means of open procurement

procedures;

(i) when the acquisition is of a confidential or privileged nature and disclosure

through an open bidding process could reasonably be expected to compromise

government confidentiality, cause economic disruption or be contrary to the

public interest;

(j) of services provided by lawyers and notaries;

(k) of goods intended for resale to the public; or

(l) in the absence of a receipt of any bids in response to a call for tenders.

3. Articles 3, 4 and 14 do not apply to any procurement undertaken by non-governmental

bodies that exercise authority delegated by law.

4. Articles 3, 4 and 14 do not apply to any procurement of treasury services.

D. ENERGY AND MINERALS

1. Subject to Article 4, measures adopted or maintained relating to:

(a) the licensing, certification, registration, leasing or other disposition of rights to

energy or mineral resources;

(b) exploration and development of energy or mineral resources; or

2. Measures adopted or maintained to promote renewable and alternative energy.

E. TRANSPORTATION

1. Measures relating to the licensing of a motor vehicle operated by or on behalf of a

person who may charge or collect compensation for the transportation of passengers

in that vehicle.

F. REGIONAL ECONOMIC DEVELOPMENT

1. Regional economic development measures, provided that such measures:

(a) are only adopted or maintained under exceptional circumstances;

(b) are not more trade restrictive than necessary to achieve their specific objective;

services or investments of the other Party;

(d) minimize the discriminatory effects and impacts on trade, investment and

labour mobility; and

(e) are consistent with Article 12(1).

G. FORESTS, FISH AND WILDLIFE

1. Measures adopted or maintained relating to:

(a) the licensing, certification, registration, leasing or other disposition of rights to

the harvesting of forest or fish resources;

(b) the management or conservation of forests, fish and wildlife; or

Party.

H. ENVIRONMENT

1. Measures adopted or maintained relating to the management and disposal of

hazardous and waste materials.

ALBERTA

I. INVESTMENT

1. Fair Trading Act Collections and Debt Repayment Regulation and Public Auctions

Regulation, requiring that funds be maintained in an Alberta-based account.

2. Wildlife Act requires residency for:

(a) Registered Fur Management;

(b) Registered Fur Management Partner; and

J. ENERGY

1. Power Purchase Arrangements Regulation, Section 3 that restricts access to and

ownership of Power Purchase Arrangements.

K. AGRICULTURE

1. Measures adopted or maintained relating to regulated marketing and supply

management which restrict trade, or the right to invest in the production of, or to

produce poultry, dairy and eggs.

BRITISH COLUMBIA

L. ENERGY

1. Measures adopted or maintained relating to the use of dams, reservoirs and

generation facilities provided that such measures are not used for the purpose of

preventing access to electricity transmission facilities.

2. Measures to ensure domestic load is served as provided for in the British Columbia

Transmission Corporation’s Open Access Transmission Tariff, where filed with, and

approved by, the British Columbia Utilities Commission.

3. Provisions of the BC Hydro Public Power Legacy and Heritage Contract Act, S.B.C.

2003, c. 86, and any regulations or special directions pursuant thereto. Without

limiting the foregoing, the Act prohibits BC Hydro from selling, or otherwise disposing

of, protected (heritage) assets, and Heritage Special Direction No. HC2 to the British

Columbia Utilities Commission that ensures domestic customers of BC Hydro receive

the benefit of the utility’s low-cost resources on an embedded cost basis for a

minimum of ten years, beginning April 1, 2004.

M. TRANSPORTATION

1. Measures to ensure adequate insurance coverage for commercial vehicles.

N. AGRICULTURE

1. Existing regulatory measures adopted pursuant to the Natural Products Marketing

(BC) Act which restrict trade or investment in agricultural products or production

regulated thereunder.

SASKATCHEWAN

O. INVESTMENT

1. Residency requirements under The Wildlife Act, 1998 and The Wildlife Regulations,

1981 for fur conservation area licences and fur licences.

2. Residency requirements under The Labour-Sponsored Venture Capital Corporations

Act.

3. Residency requirements under The Outfitter and Guide Regulations, 2004.

P. AGRICULTURE

1. Measures adopted or maintained relating to regulated marketing and supply

management which restrict trade, or the right to invest in the production of, or to

produce poultry, dairy and eggs.

MANITOBA

Q. INVESTMENT

1. Residency requirements under The Wild Rice Act and for hunting and trapping under

The Wildlife Act.

R. ENERGY

1. Energy measures adopted or maintained relating to the use of dams, reservoirs and

generation facilities provided that such measures are not used for the purpose of

preventing access to electricity transmission facilities.

2. Provisions of The Manitoba Hydro Act that:

(a) ensure domestic customers of Manitoba Hydro receive the benefit of the utility’s

low cost resources through rates; and

(b) prohibit Manitoba Hydro from selling or otherwise disposing of, a major facility for

generating, transmitting or distributing power.

S. AGRICULTURE

1. Existing regulatory measures adopted pursuant to The Farm Products Marketing Act

which restrict trade or investment in agricultural products or production regulated

thereunder.

PART VI:

DEFINITIONS

In this Agreement:

administrator means the secretariat, if established, or a third party contracted to provide

secretarial and operational support as provided under Article 19;

administrator agreement means the agreement among the Parties under Article 19

concerning the appointment, funding, and operation of the administrator;

Bid Protest Mechanism means Division C of the Agreement Among The Parties To The

New West Partnership Establishing the Bid Protest Mechanism;

business subsidy means a financial contribution by a Party, namely:

(a) cash grants, loans, debt guarantees or an equity injection, made on preferential

terms;

(b) a reduction in taxation and other forms of revenue generation, including

royalties and mark-ups, or government levies otherwise payable, but does not

include a reduction resulting from a provision of general application of a tax law,

royalties, or other forms of a Party’s revenue generation; or

on the public purse

that confers a benefit on a specific non-government entity, whether organized as one legal

entity or as a group of legal entities, but does not include generally available infrastructure,

assistance to provide generally available infrastructure, or subsidies defined as

non-actionable under Article 8 of the World Trade Organization Agreement on Subsidies and

Countervailing Measures.

A business subsidy does not include a financial contribution made available to entities within

a particular industry or group of industries where the measure pursuant to which the financial

contribution is made available establishes objective criteria or conditions governing eligibility

that are not structured, in law or in fact, so as to make the financial contribution uniquely

available to one single entity, whether that entity is structured as one legal entity or a group of

legal entities;

buying group means a group of two or more members which combines the purchasing

requirements and activities of the members of the group into one joint procurement process.

Buying groups include cooperative arrangements in which individual members administer

the procurement function for specific contracts for the group, and more formal corporate

arrangements in which the buying group administers procurement for group members.

Buying groups may involve a variety of entities, including public sector, private sector and

not-for-profit organizations;

carrier means a person that seeks to provide or provides a motor vehicle transportation

service;

certified means that a worker holds a certificate, license, registration or other form of official

recognition used by a regulatory authority which attests to the worker being qualified and,

where applicable, authorized to practice a particular occupation or to use a particular

occupational title in the territory of that Party;

code of conduct means the code of conduct for panellists set out in Schedule 6 to the

Agreement;

complainant means one or more Parties or a person that has requested the establishment

of a panel under Article 26(2);

construction means a construction, reconstruction, demolition, repair or renovation of a

building, structure or other civil engineering or architectural work and includes site

preparation, excavation, drilling, seismic investigation, the supply of products and materials,

the supply of equipment and machinery if they are included in and incidental to the

construction, and the installation and repair of fixtures of a building, structure or other civil

engineering or architectural work, but does not include professional consulting services

related to the construction contract unless they are included in the procurement;

days means calendar days. For the purposes of calculating a period of time, such period

shall begin to run on the day following the day when a specified event occurs. If the last day is

an official holiday or a non-business day within any Party, the period is extended until the first

business day which follows;

disputant means the complainant or the responding Party;

enterprise means an entity constituted, established, organized or registered under the

applicable laws of a Party, whether privately owned or governmentally owned, including any

corporation, trust, partnership, cooperative, sole proprietorship, joint-venture or other form of

association, for the purpose of economic gain;

existing means existing as of the date of the entry into force of this Agreement. In the case

of a Party that subsequently accedes to the Agreement “existing” means existing as of the

date of that Party’s accession to the Agreement;

good means a good that is produced, manufactured, grown or obtained in, used for a

commercial purpose in, or distributed from, the territory of a Party;

government entity means a Party’s:

(a) departments, ministries, agencies, boards, councils, committees, commissions

and similar agencies of government;

(b) Crown corporations, government-owned commercial enterprises, and other

entities that are owned or controlled by the Party through ownership interest;

corporation or entity owned or controlled by any such form of municipal

government;

(d) school boards, publicly-funded academic, health and social service entities as

well as any corporation or entity owned or controlled by one or more of the

preceding entities; and

(e) non-governmental bodies that exercise authority delegated by law;

intervenor means a non-disputing Party that has given notice under Article 27(1);

investment means:

(a) an enterprise;

(b) financial assets, including money, shares, bonds, debentures, partnership

rights, receivables, inventories, capital assets, options and goodwill;

(d) the establishment, acquisition or expansion of an enterprise;

investor means:

(a) a Party;

(b) a person ordinarily resident in the territory of a Party; or

that seeks to make, is making, or has made an investment within a Party;

legitimate objective means any of the following objectives pursued within a Party:

(a) public security and safety;

(b) public order;

(d) protection of the environment;

(e) conservation and prevention of waste of non-renewable or exhaustible

resources;

(f) consumer protection;

(g) protection of the health, safety and well-being of workers;

(h) provision of social services and health services within the territory of a Party;

(i) affirmative action programs for disadvantaged groups; or

(j) prevention or relief of critical shortages of goods essential to a Party

considering, among other things, where appropriate, fundamental climatic or other

geographical factors, technological or infrastructural factors, or scientific justification;

“Legitimate objective” does not include protection or favouring of the production of an

enterprise of a Party;

measure includes any legislation, regulation, standard, directive, requirement, guideline,

program, policy, administrative practice or other procedure;

non-governmental bodies that exercise authority delegated by law means any

organization, institution, corporation or association to whom regulatory or supervisory

authority has been delegated by a Party;

participant means any disputant or intervenor and participants means all of them;

Party means any signatory to this Agreement;

person means a natural person or an enterprise of a Party;

procurement means the acquisition by any means, including by purchase, rental, lease or

conditional sale, of goods, services or construction, but does not include:

(a) any form of government assistance such as grants, loans, equity infusion,

guarantees or fiscal incentives; or

(b) provision by government organizations, including government entities, of

goods and services to persons or other government organizations, including

government entities;

procurement value means the estimated total financial commitment resulting from a

procurement, not taking into account optional renewals when the compulsory part of the

contract is of at least one year’s duration;

regulation means a standard that has been adopted into law;

regulatory authority means a government entity with authority to certify or regulate an

occupation;

responding Party means the Party whose measure is at issue in consultations under Article

25 or at issue in a complaint under Article 26;

sanitary and phytosanitary measures means a measure that a Party adopts or maintains

to:

(a) protect animal or plant life or health in its territory from risks arising from the

introduction, establishment or spread of a pest or disease;

(b) protect human or animal life or health in its territory from risks arising from the

presence of an additive, contaminant, toxin or disease causing organism in a

food, beverage or feedstuff;

disease-causing organism or pest carried by an animal or plant, or a product

thereof; or

(d) prevent or limit other damage in its territory arising from the introduction,

establishment or spread of a pest;

service means a service supplied or to be supplied, by a person of a Party;

standard means a specification, approved by a Party or by a recognized body, that sets out

the rules, guidelines or characteristics for:

(a) goods or related processes and production methods;

(b) services and service providers or their related operating methods;

(d) sanitary and phytosanitary measures;

supplier means a person that provides or could provide goods or services in the context of a

procurement covered by this Agreement;

treasury services means services or financial products relating or ancillary to any of the

following:

(a) borrowing, lending, investing, managing or holding money, securities or other

property; and

(b) without limiting the generality of paragraph (a),

(i) managing debt, loan, asset or investment portfolios,

(ii) entering into commodity or other derivative transactions, or

(iii) acquiring, exchanging, disposing of or otherwise transacting in

securities, foreign currencies or any property acquired as a result of

borrowing, lending, managing or investing money or securities;

water means surface and ground water in liquid, gaseous, or solid state, but does not include

water packaged in containers with a capacity of 20 litres or less.

APPENDIX I

TRANSITIONAL MEASURES

MANITOBA

A. Procurement

Article 14 does not apply to government-owned commercial enterprises; other entities

that are owned or controlled by the Party through ownership interest; regional, local,

district or other forms of municipal government; school divisions or publicly-funded

academic, health and social service entities, as well as any corporation owned or

controlled by one or more of the preceding entities until January 1, 2019.

B. Investment

Article 11(1)(a) does not apply to measures relating to business registration and

reporting requirements until January 1, 2020.

C. Standards and Regulations

Existing standards and regulations not otherwise expressly addressed in this

Agreement until January 1, 2019.

D. Financial Services

Measures related to financial services until January 1, 2020. For purposes of this

provision “financial services” means any service or product of a financial nature that is

subject to, or governed by, a measure adopted or maintained by Manitoba or by a

Manitoba public body that exercises regulatory or supervisory authority delegated by

law and includes, but is not limited to:

(a) deposit-taking;

(b) loan and investment services;

(d) estate, trust and agency services;

(e) securities; and

(f) all forms of financial market intermediation including, but not limited to, the

distribution of financial products.

SCHEDULE 1

FORM OF CONSULTATION REQUEST UNDER ARTICLE 25(2)

[Date]

[Alberta/British Columbia/Manitoba/Saskatchewan Contact Point]

Re: Request for Consultations Under NWPTA Article 25(2) Concerning

[Measure]

Pursuant to Article 25(2) of the New West Partnership Trade Agreement (the “NWPTA”), I

hereby request that [Alberta/British Columbia/Manitoba/Saskatchewan] enter into

consultations with [Alberta/British Columbia/Manitoba/Saskatchewan] on my behalf

concerning the following matter:

(a) Factual basis for the matter at issue

[Briefly describe the measure or matter at issue]

(b) Applicable provisions of the NWPTA

The provisions of the NWPTA which apply to the measure(s) at issue include the following:

[List all potentially applicable provisions]

[Provide a brief summary of how the measure(s) at issue violate the NWPTA]

(d) Possible economic effect of the measure;

[Provide a brief explanation of how the measure might cause economic injury]

(e) Relief or remedy sought

[Briefly describe what action is being sought to remedy the alleged inconsistency]

(f) Address for service

All further correspondence with me regarding this matter can be addressed as follows:

[NAME]

[ADDRESS FOR SERVICE]

Telephone: ___________________________

Facsimile: ___________________________

Please contact me at the above address for service within the time period specified in

NWPTA Article 25(3).

Yours truly,

________________________________________

[PRINTED NAME]

cc: Administrator for the Agreement

SCHEDULE 2

FORM OF CONSULTATION REQUEST UNDER ARTICLES 25(1) and 25(4)

[Date]

[Alberta/British Columbia/Manitoba/Saskatchewan Contact Point]

Re: Request for Consultations Under NWPTA Article 25([1/4]) Concerning

[Measure]

Pursuant to Article 25([1/4]) of the New West Partnership Trade Agreement (“the

NWPTA”), we/I hereby request that [Alberta/British Columbia/Manitoba/Saskatchewan]

enter into consultations with [person/Party requesting consultations] concerning the

following matter:

(a) Factual basis for the matter at issue

[Briefly describe the measure or matter at issue]

(b) Applicable provisions of the NWPTA

The provisions of the NWPTA which apply to the measure(s) at issue include the

following:

[List all potentially applicable provisions]

[Provide a brief summary of how the measure(s) at issue violate the NWPTA]

(d) Possible economic effect of the measure;

[Provide a brief explanation of how the measure might cause economic injury]

(e) Relief or remedy sought

[Briefly describe what action is being sought to remedy the alleged inconsistency]

(f) Address for service

All further correspondence with us regarding this matter can be addressed as follows:

[NAME]

[ADDRESS FOR SERVICE]

Telephone: ___________________________

Facsimile: ___________________________

Please contact us/me at the above address for service as soon as possible so that we may

commence and conclude consultations on this matter within the time period specified in

NWPTA Article 25(11).

Yours truly,

________________________________________

[PRINTED NAME]

cc: Administrator for the Agreement

Contact Point for [Alberta/British Columbia/Manitoba/Saskatchewan]

SCHEDULE 3

CRITERIA FOR THE APPOINTMENT OF POTENTIAL

PANELLISTS

ARTICLE 26(1)

Criteria for Appointments

1. The Parties shall ensure that each of the individuals that they respectively appoint to

their lists of potential panellists, as required under Article 26(1):

a) has been selected for appointment on the basis of objectivity, reliability and sound

judgment; and

b) is independent of, and is not affiliated with or taking instructions from, any Party or any

government entity of a Party.

2. In addition to the general requirements of paragraph 1, the Parties shall ensure that

each of the individuals that they appoint to their lists of potential panellists, as required under

Article 26(1), has expertise or significant experience as counsel or as a decision-maker in

administrative law or dispute settlement.

Prior Consultation on Appointments

3. With the object of ensuring panellists of the highest possible quality in the

circumstances, each Party will provide the other Parties with a reasonable opportunity to

review and comment on any proposed appointment under Article 26(1) before such

appointment is finalized.

SCHEDULE 4

FORM OF CONSENT TO ARBITRATION

ARTICLE 26(4)

NEW WEST PARTNERSHIP TRADE AGREEMENT

Consent to Arbitrate by a Person

1. In this consent:

“administrator” means the administrator appointed pursuant to Article 19 of the Agreement;

“Agreement” means the New West Partnership Trade Agreement including any

amendments, related documents, and any joint decisions issued by the Parties under

Article 21, as the case may be;

“complainant” means the person wishing to access the panel process of the

dispute settlement procedure provided for under Part IV and providing this consent;

“consent” means this Consent to Arbitrate by a Person required under Article 26(4) from

any person wishing to access the panel process of the dispute settlement procedure

provided for under Part IV;

“disputants” means the complainant and responding party and “disputant” means either

one of them, as the case may be; and

“Parties” means the Parties to the Agreement and “Party” means any one of them, as the

case may be;

2. This consent is being provided by [name], of [address for service].

3. The complainant hereby acknowledges that under Article 26(4), any person wishing

to access the panel process of the dispute settlement procedure provided for under

Part IV of the Agreement must first acknowledge in writing its consent to the process.

This consent is in fulfillment of that requirement.

4. The complainant has a dispute with [Alberta, British Columbia, Manitoba or

Saskatchewan] arising under the Agreement relating to [brief description of the matter

or measure under dispute]. The complainant specifically consents to submitting this

dispute for settlement by a panel under Part IV of the Agreement, and agrees to do so

wholly in accordance with this consent and the procedures specified in the Agreement.

5. In doing so, the complainant acknowledges and agrees that those procedures provide

as follows:

(a) Use of the Agreement’s panel process precludes any subsequent recourse by

the complainant to the dispute settlement procedures of the Canadian Free

Trade Agreement or any other trade agreement in respect of the same measure

(see Article 24(6)) should such procedures also be available to the complainant

in the circumstances;

(b) Proceedings under Part IV of the Agreement are governed by the Agreement.

These procedures differ in many ways from those normally used by domestic

courts.

Agreement generally provides for an open and public process. Panel

proceedings will be held in public and resulting panel reports will be publicly

released (see Articles 27(9), 27(18), 29(5) and 29(9)). A panel may make an

order it considers appropriate respecting the confidentiality of any part of a panel

process or of any information, records or documents submitted during the panel

process. In addition, any information and documentation provided to a Party as

part of the panel process will thereafter become subject to that Party’s freedom

of information legislation which may require that Party to disclose such

information and any records or documents that have been created by that Party

based on such information or documentation, to third parties making appropriate

requests under such legislation;

(d) Subject to a limited right of judicial review, panel decisions are final and cannot

be appealed (see Articles 27(18) and 29(9));

(e) While panels have the ability to issue monetary awards in some circumstances,

such awards are not intended to constitute damage awards and can only be

issued where a Party has failed to comply with a final panel report (see Articles

29(7) and 30). As the Parties generally expect to comply with final panel reports,

the issuance of a monetary award in favour of the complainant is unlikely to

occur;

(f) The disputants are solely responsible for all of the costs associated with a dispute

settlement proceeding under Part IV of the Agreement. Such costs will include

the fees of the panel, costs incurred by the administrator and costs associated

with legal representation. Such costs can be significant. In particular, see

Schedule 5 of the Agreement which establishes the fees payable to panellists

and certain other costs. A panel has the discretion to apportion all such costs

between the disputants as it considers appropriate (see Article 32(1)).

Moreover, Article 32(1) provides that costs shall in principle be borne by the

unsuccessful disputant. This means that the panel may allocate all or a greater

proportion of costs to one or the other of the disputants in many circumstances.

Once a cost award is issued by a panel, it becomes enforceable against the

named disputant as if it were a superior court order (see Article 32(4));

(g) A person wishing to establish a panel must provide a financial deposit in the sum

of $5,000 with the administrator (see Article 26(4)). A panel may order the

provision of additional financial deposits at its discretion to cover estimated

costs of the panel proceeding and can terminate the panel proceeding if the

complainant fails to comply with any such deposit order.

(h) Once the panel process commences, the complaint may only be withdrawn by

mutual consent of the disputants (see Article 27(14)). Even if a complaint is

withdrawn the complainant may, at the panel’s discretion, still be responsible for

some or all of the costs of the panel process incurred up to that date; and

(i) The Parties may, at any time, issue a joint decision declaring an agreed

interpretation of the Agreement. All such joint decisions are binding on panels

and any panel decision or award must be consistent with all preceding joint

decisions (see Article 21(3)). Any joint decision issued by the Parties at any time

prior to the final panel report could therefore affect the outcome of the panel

proceeding.

6. The complainant hereby consents to settlement of its complaint pursuant to the panel

process specified in Part IV of the Agreement and on the bases outlined above.

Signed by an authorized signatory of the complainant at

, on the day of , 20

(Signature)

(Name)

(Position)

SCHEDULE 5

REMUNERATION AND COSTS UNDER ARTICLE 32(5)

Permitted Remuneration and Costs

Pursuant to Article 32(5) of the

New West Partnership Trade Agreement

Introduction

1. This schedule provides the maximum amounts of remuneration and expenses to be

paid to administrators and panellists.

2. In particular, when assessing the amount of the costs of any proceeding under Part

IV for purposes of Article 32, panels must calculate all such costs on a basis consistent with

the this schedule. No other costs may be assessed against the participants.

Panellist Remuneration

3. Individuals sitting as panellists are entitled to charge up to a maximum of $125 per

hour, to a maximum of $1000 per day, for all work, not including travel time, required to be

undertaken by them while carrying out their duties as panellists, commencing as of the time

they are officially appointed to a dispute settlement panel constituted under Part IV.

4. Individuals sitting as panellists are entitled to charge up to a maximum of $62.50 per

hour, to a maximum of $500 per day, for any travel that is required to be undertaken by them

as part of their duties as panellists, commencing as of the time they are officially appointed

to a dispute settlement panel constituted under Part IV.

5. The maximum allowable amount for arbiter remuneration under sections 3 and 4 of

this schedule shall be increased annually on January 1 by that percentage by which the

Consumer Price Index (All items) (published by Statistics Canada) has increased between

January 1 and December 31 of the previous calendar year. If there has been no increase or

if there has been a decrease in that period, the maximum allowable amount for arbiter

remuneration will remain the same for the following calendar year. The administrator shall

calculate and publish on the designated website the maximum allowable amounts for arbiter

remuneration annually.

Panellist Expenses

6. Panellists are entitled to claim those expenses listed in Annex 1 hereto, to the

applicable maximum amounts listed in that Annex, as reimbursable expenses if such

expenses were necessarily incurred by them while carrying out their duties as panellists.

Such expenses are claimable commencing as of the time the panellist is officially appointed

to a dispute settlement panel constituted under Part IV. No other expenses may be claimed.

Travel and Other Expenses of Witnesses

7. Each disputant will be responsible in the first instance for all travel and other

expenses of witnesses, if any, that the disputant chooses to utilize as part of the

presentation of its case to the panel. Such witness expenses incurred by the successful

disputant will subsequently be deemed to be part of the costs for legal representation and

assistance to be accounted for by the panel under section 8 of this schedule.

Costs of Legal Representation

8. The panel shall include in its determination of costs the costs of legal representation

and assistance incurred by the successful disputant, including the travel and other expenses

of witnesses utilized by that disputant, provided that all such costs were claimed by that

disputant during the proceedings and only to the extent the panel determines those costs are

reasonable in the circumstances.

Administrator-Related Expenses

9. All administrator-related expenses that may be awarded against the participants are

governed by agreements the Parties have entered into with the administrator. The

administrator will provide an accounting of all such costs relating to a particular proceeding to

the panel. Upon receiving that accounting and being satisfied that the costs are

appropriately chargeable to the participants under the applicable agreement and are

reasonable in the circumstances, the panel shall include such administrator-related costs in

its assessment and allocation of costs against the participants.

Annex 1

Claimable Expenses

1. Panellists may claim the following expenses:

(a) Travel costs, provided such costs do not exceed the amounts set out

below in paragraph 2;

(b) Taxi and vehicle rental charges;

(d) photocopies to a maximum of $0.25 per page; and

(e) costs of couriers, long distance phone calls, and actual line charges

incurred for facsimile transmissions.

2. If a panellist is required to travel, the panellist may claim only the following travel

costs:

(a) with respect to air travel, the costs of an economy class travel only may

be claimed. Reimbursement may only be claimed for the most

economical category of economy class with appropriate consideration for

the ability and expense to change arrangements if there is a likelihood

that a flight change may be required;

(b) with respect to meals, actual and reasonable costs may be claimed; and

claimed.

3. In no event will the panellists be permitted to claim any of the following expenses:

(a) fees and disbursements for any work performed by persons other than

the panellist, such as researchers, articled students, associates,

colleagues, librarians, secretaries, administrative assistants, computer

operators, bookkeepers, corporate and other records clerks or work

processing operators;

(b) charges for opening, closing, maintaining or storing any file;

under paragraph 4;

(d) charges for alcoholic beverages; and

(e) any other miscellaneous expense incurred in the course of travel which is

not specifically provided for in paragraphs 1 and 2 above, such as

gratuities, portage, laundry, in-room movies and personal phone calls.

4. Receipts respecting use of a personal vehicle, photocopying, long distance phone

calls, and actual line charges incurred for facsimile transmissions need not be provided, but

proper records of such expenses must be maintained and must be made available for

inspection, upon request.

SCHEDULE 6

CODE OF CONDUCT FOR DISPUTE RESOLUTION PANELLISTS

ARTICLE 26(8)

NEW WEST PARTNERSHIP TRADE AGREEMENT

Part I - Preamble

The Parties:

Recalling that in the Operating Principles of the Agreement they agreed to resolve disputes

in an effective, inexpensive and timely manner;

Recognizing the prime importance of integrity and impartiality in all proceedings; and

Affirming that the operation of the proceedings would be strengthened by a code of conduct

to maintain the integrity and impartiality of all proceedings, thereby enhancing confidence

in them;

Hereby establish the following code of conduct.

Part II - Interpretation

In this code of conduct,

“administrator” means the administrator appointed pursuant Article 19 of the Agreement;

“Agreement” means the New West Partnership Trade Agreement;

“candidate” means any individual who is under consideration for an appointment as a

member of a panel pursuant to the Agreement;

“disputants” means a Party or person that has requested the establishment of a panel

under the Agreement, and the responding Party;

“member” means a member of a panel constituted pursuant to the Agreement;

“Party” means a party to the Agreement; and

“proceeding” means any proceeding under Part IV of the Agreement.

Part III - General Responsibilities to the Process

1. Every candidate, member and former member will avoid impropriety and the

appearance of impropriety and will observe high standards of conduct so that the

integrity and impartiality of the dispute resolution process is preserved.

2. This code of conduct does not determine whether or under what circumstances the

Parties will disqualify a candidate or member from being appointed to, or serving as,

a member on the basis of disclosures made.

3. This code of conduct does not preclude the application of any other applicable rules,

code or government policies related to conflict of interest.

Part IV - Disclosure Obligations

1. Candidates and members must disclose the existence of any interest, relationship or

matter that is likely to affect their independence or impartiality or that might

reasonably create an apprehension of bias or an appearance of impropriety. An

apprehension of bias is created when a reasonable person, with knowledge of all of

the relevant circumstances that a reasonable inquiry would disclose, would conclude

that a candidate’s or member’s ability to carry out the duties with integrity, impartiality

and competence is impaired.

2. Throughout a proceeding, candidates and members have a continuing obligation to

disclose interests, relationships and matters that may bear on the integrity or

impartiality of the dispute settlement process.

3. Further to the general obligations of sections 1 and 2:

(a) Each candidate requested to serve, at the time of the request, will receive

from the administrator a copy of this code of conduct, which includes an

illustrative list of examples of matters which are subject to disclosure. (The

illustrative list is attached as Annex 1 to this code of conduct.);

(b) A candidate will make all reasonable efforts to become aware of, and will

disclose, any interest, relationship or matter that is likely to affect his or her

independence or impartiality, or that might create a reasonable apprehension

of bias or appearance of impropriety in proceedings;

completing the Disclosure Statement and submitting it to the administrator.

(The form of required Disclosure Statement is attached as Annex 2 to this

code of conduct.);

(d) After appointment as a member, the member will continue to make all

reasonable efforts to become aware of any material interests, relationships or

matters and will promptly disclose them. Any such subsequent disclosures

will be communicated forthwith in writing to the administrator for consideration

by the disputants and the Parties; and

(e) Members will forthwith in writing communicate with the administrator in the

event that, for any reason, they become unavailable to continue their service

or otherwise must resign their appointment.

Part V - The Performance of Duties by Candidates and Members

1. A candidate who accepts an appointment as a member will be available to perform,

and will perform, his or her duties thoroughly and expeditiously throughout the course

of the proceeding.

2. A member will ensure that the administrator can, at all reasonable times, contact the

member in order to conduct panel business.

3. A member will carry out all of his or her duties fairly and diligently.

4. A member will comply with all applicable provisions of the Agreement and the rules

governing the proceeding.

5. A member will not deny other members the opportunity to participate fully in all

aspects of the proceeding.

6. A member will consider only

(a) the issues raised; and

(b) the evidence presented

in the proceeding which is necessary to a decision and will not delegate the duty to

decide to any other person except as permitted by the rules governing the

proceeding.

7. A member will take all reasonable steps to ensure that the member's staff, if any,

comply with Parts III, IV and VIII of this code of conduct.

8. A member will not engage in ex parte contacts concerning the proceeding.

9. Candidates and members will not communicate any matters concerning actual or

potential violations of this code of conduct except with the administrator or as

necessary to ascertain whether that candidate or member has violated or may

violate the code of conduct.

Part VI - Independence and Impartiality of Members

1. A member will be independent and impartial. A member will act in a fair manner and

will avoid creating an appearance of impropriety or an apprehension of bias. A

member will make an objective assessment of the matter before it, including an

objective assessment of the facts presented.

2. A member will not be influenced by self-interest, outside pressure, political

considerations, public clamour, loyalty to a Party or fear of criticism.

3. A member will not, directly or indirectly, incur any obligation or accept any benefit

that would in any way interfere, or appear to interfere, with the proper performance of

his or her duties.

4. A member will not use his or her position to advance any personal or private

interests. A member will avoid actions that may create the impression that others

are in a special position to influence the member. A member will make every effort to

prevent or discourage others from representing themselves as being in such a

position.

5. A member will not allow past or existing financial, business, professional, family

or social relationships or responsibilities to influence his or her conduct or judgment.

6. A member will avoid entering into any relationship, or acquiring any financial

interest, that is likely to affect the member's impartiality or that might reasonably

create an apprehension of bias or an appearance of impropriety.

Part VII - Post-Proceeding Conduct

1. For a period of two years after the completion of any proceeding, a former Member

will not personally advise or represent any disputant from the proceeding with

respect to the same matter(s) that arose in the proceeding.

2. A former member will avoid any actions that may create the appearance that the

member was biased in carrying out the member’s duties or that the member

benefitted from the decision of the panel.

Part VIII - Maintenance of Confidentiality

1. A member or former member will not at any time disclose or use any confidential

information concerning the proceeding or acquired during the proceeding except for

the purposes of the proceeding, nor will he or she disclose or use any such

information to gain personal advantage or advantage for others or to affect adversely

the interests of another.

2. A member will not disclose a panel report or panel decision prior to its release by the

administrator. A member or former member will not at any time disclose the

deliberations of a panel or any member’s individual views, except as required by law.

Part IX - Responsibilities of the Administrator

1. The administrator will take all steps necessary to protect the confidentiality of

Disclosure Statements and any subsequent disclosures received by it from

candidates and members.

Part X - Complaints Concerning Alleged Breaches of the Code of Conduct

1. With respect to disputants, if, at any time prior to the issuance of a final report, a

disputant believes that a member is in violation of this code of conduct it shall

immediately advise the other disputant in writing, with a copy to the administrator

and all other Parties. Unless otherwise requested by the advising disputant, the

administrator must treat the communication in confidence and shall not disclose to

the panel the content of the communication or its source. Within seven days of

receiving notice of the alleged violation from a disputant, the Parties will conduct an

investigation if they consider it necessary and will, by consensus, determine what

action to take, if any, considering all of the circumstances, up to and including

dismissal of the applicable member.

2. If a member is dismissed or voluntarily withdraws as a result of any investigation

under this Part X, a replacement member will be appointed in accordance with the

applicable appointment procedures provided for in the Agreement.

ANNEX 1

ILLUSTRATIVE LIST OF INFORMATION TO BE DISCLOSED

This Annex contains examples of the type of information that candidates and members are

required to disclose pursuant to the code of conduct.

Each candidate and member has a continuing duty to disclose the type of information

generally described in Part IV of the code of conduct, which may include the following:

(a) financial interests (for example, investments, loans, shares, interests,

other debts); business interests (for example, directorship or other contractual interests);

and property interests relevant to the dispute in question;

(b) professional interests (for example, a past or present relationship with

governmental or private clients, or any interests the person may have in domestic or

international proceedings, and their implications, where these involve issues similar to those

addressed in the dispute in question);

groups or other organizations which may have a declared agenda relevant to the dispute in

question);

(d) considered statements of personal opinion on issues relevant to the

dispute in question (for example, publications, public statements); and

(e) employment or family interests (for example, the possibility of any indirect

advantage or any likelihood of pressure which could arise from their employer, partners,

business associates or immediate family members).

ANNEX 2

NEW WEST PARTNERSHIP TRADE AGREEMENT

IN THE MATTER OF: (title of proceeding)

Administration File No:

INITIAL DISCLOSURE STATEMENT

1. I have read the code of conduct established under the New West Partnership Trade

Agreement (the "NWPTA”) which governs the conduct of members of a panel

constituted pursuant to Part IV of the NWPTA (“members”) and individuals under

consideration for an appointment as a member (“candidates”).

2. (Check, as appropriate, and, if required, attach the disclosure list.)

 There are no interests, relationships or matters that, as of the date

hereof, I am required to disclose under the code of conduct; or

 Attached is a list of all interests, relationships and matters that, as of the date

hereof, I am required to disclose under the code of conduct.

3. I understand my continuing obligation while participating in the NWPTA dispute

resolution process as a candidate or member to disclose to the administrator any

interest, relationship or matter that is likely to affect my independence or impartiality,

or that might create a reasonable apprehension of bias or an appearance of

impropriety in the matter cited above, and I will make all required disclosures

forthwith upon becoming aware of any such interest, relationship or matter.

_____________________________ __________________

Signed Date

_____________________________

Candidate’s Name