Canadian Free Trade Agreement Exemptions

8 april 2021

National and international trade agreements on public procurement: as the negotiations progress, Canadian positions, like those of all participants, develop in response to the positions and proposals of others. In particular, all participants must decide whether and to what extent they are ready to respond to the demands of others and what they will seek in return. Different negotiating mechanisms can be used in different negotiations, or even at different stages of the negotiation. Whatever the mechanism, the negotiation process always seeks to strike a balance between the benefits sought by participants and the concessions they are willing to make in return to reach a mutually beneficial agreement. Ministry of International TradeTrade Strategy, Analytics and Partnerships Branch, International Trade Policy and Representation Division Administration of OntarioToronto, ONPhone: (416) 326-8475 or (866)-853-2137 (free)Fax: (416) 327-1061E-mail: Website: Ontario Ministry of International Trade TRIPS: The Agreement on Trade-Related of Property Intellectual Rights. The trips negotiated under the Uruguay Round are the WTO agreement on intellectual property rights. Unless NAFTA is exempt, section 1106 prohibits the imposition and application of a number of requirements relating to the ”establishment, acquisition, extension, management, implementation or exploitation” of investments such as. B the requirement of a certain level of national content in its production or certain export requirements. It also prohibits regulatory requirements, such as the requirement to grant preferences for domestic purchases of goods or to limit domestic sales by linking them to export results, as conditions related to receiving or pursuing benefits (subsidies or incentives). It is important to note that these prohibitions do not apply to subsidies related to requirements relating to the location of production, the provision of a service, training or employment of the workforce, construction or extension of facilities or research and development.

Section 1106 also does not limit the application of certain measures (for example. (b) environmental measures) that require domestic content or a preference for domestic goods or services, provided these measures are not arbitrary and do not constitute a disguised restriction on international trade or international investment. The measures authorized include those necessary to protect human, animal or plant life or health. The joint working group informs municipalities of ongoing international trade negotiations in Canada and ensures that their views on trade issues are taken into account in the development of trade positions. Article 19.9 specifies the information that contracting entities must provide to ensure that suppliers are able to prepare and submit bids. These include a description of the nature and quantity of goods or services obtained, the conditions of supplier participation and the evaluation criteria used to select a supplier.

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Bankgiro 253-8445


  • april 2021