GPA/W/326 Attachment B APPENDIX I CANADA ANNEX 1 English Page 1/2
CANADA
(Authentic in the English and French Languages)
ANNEX 1
CENTRAL GOVERNMENT ENTITIES
Unless otherwise specified, this Agreement covers procurement by entities listed in this Annex, subject to the following thresholds:
Thresholds:
Goods SDR 130,000
Services SDR 130,000
Construction Services SDR 5,000,000
List of Entities:
1. Atlantic Canada Opportunities Agency (on its own account); 2. Canada Border Services Agency; 3. Canada Employment Insurance Commission; 4. Canada Industrial Relations Board; 5. Canada Revenue Agency; 6. Canada School of Public Service; 7. Canadian Centre for Occupational Health and Safety; 8. Canadian Food Inspection Agency; 9. Canadian Human Rights Commission; 10. Canadian Institutes of Health Research; 11. Canadian Intergovernmental Conference Secretariat; 12. Canadian International Development Agency (on its own account); 13. Canadian International Trade Tribunal; 14. Canadian Nuclear Safety Commission; 15. Canadian Radio-television and Telecommunications Commission (on its own account); 16. Canadian Transportation Accident Investigation and Safety Board; 17. Canadian Transportation Agency (on its own account); 18. Copyright Board; 19. Correctional Service of Canada; 20. Courts Administration Service; 21. Department of Agriculture and Agri-Food; 22. Department of Canadian Heritage; 23. Department of Citizenship and Immigration; 24. Department of Finance; 25. Department of Fisheries and Oceans; 26. Department of Foreign Affairs and International Trade; 27. Department of Health; 28. Department of Human Resources and Social Development; 29. Department of Indian Affairs and Northern Development; 30. Department of Industry; 31. Department of Justice; 32. Department of National Defence; 33. Department of Natural Resources; 34. Department of Public Safety and Emergency Preparedness; 35. Department of Public Works and Government Services (on its own account); 36. Department of the Environment;
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37. Department of Transport; 38. Department of Veterans Affairs; 39. Department of Western Economic Diversification (on its own account); 40. Director of Soldier Settlement; 41. Director, The Veterans' Land Act; 42. Economic Development Agency of Canada for the Regions of Quebec; 43. Hazardous Materials Information Review Commission; 44. Immigration and Refugee Board; 45. Library and Archives Canada; 46. Municipal Development and Loan Board; 47. National Battlefields Commission; 48. National Energy Board (on its own account); 49. National Farm Products Council; 50. National Parole Board; 51. National Research Council of Canada; 52. Natural Sciences and Engineering Research Council of Canada; 53. Northern Pipeline Agency (on its own account); 54. Office of the Auditor General; 55. Office of the Chief Electoral Officer; 56. Office of the Commissioner for Federal Judicial Affairs; 57. Office of the Commissioner of Official Languages; 58. Office of the Coordinator, Status of Women; 59. Office of the Governor General's Secretary; 60. Office of the Superintendent of Financial Institutions; 61. Offices of the Information and Privacy Commissioners of Canada; 62. Parks Canada Agency; 63. Patented Medicine Prices Review Board; 64. Privy Council Office; 65. Public Health Agency of Canada; 66. Public Service Commission; 67. Public Service Human Resources Management Agency of Canada; 68. Public Service Labour Relations Board; 69. Registry of the Competition Tribunal; 70. Royal Canadian Mounted Police; 71. Royal Canadian Mounted Police External Review Committee; 72. Royal Canadian Mounted Police Public Complaints Commission; 73. Social Sciences and Humanities Research Council; 74. Statistics Canada; 75. Statute Revision Commission; 76. Supreme Court of Canada; 77. Transportation Appeal Tribunal of Canada; 78. Treasury Board Secretariat.
Note to Annex 1
No entity listed in Annex 1 has the power to create subordinate entities.
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ANNEX 2
SUB-CENTRAL GOVERNMENT ENTITIES
Unless otherwise specified, this Agreement covers procurement by entities listed in this Annex, subject to the following thresholds:
Thresholds:
Goods SDR 355,000
Services SDR 355,000
Construction Services SDR 5,000,000
List of Entities:
1 ALBERTA*†
1.1. All Ministries and Agencies (All Government Departments and Provincial Agencies, Boards, Councils, Committees and Commissions) of the Province.
1.2. This Annex does not include: 1. Legislative Assembly; 2. Legislative Assembly Office; 3. Office of the Auditor General; 4. Office of the Chief Electoral Officer; 5. Office of the Ethics Commissioner; 6. Office of the Information and Privacy Commissioner; 7. Office of the Ombudsman.
2 BRITISH COLUMBIA*†
1.1. All Ministries, Boards, Commissions, Agencies and Committees of the Province.
2.1. This Annex does not include the Legislative Assembly.
3 MANITOBA†
1.1. All Departments, Boards, Commissions and Committees of the Province.
4 NEW BRUNSWICK†
1.1. The following provincial entities are included: 1. Chief Electoral Officer; 2. Clerk of the Legislative Assembly; 3. Communications New Brunswick; 4. Department of Agriculture and Aquaculture; 5. Department of Business New Brunswick; 6. Department of Education; 7. Department of Energy; 8. Department of Environment; 9. Department of Finance; 10. Department of Fisheries; 11. Department of Health; 12. Department of Intergovernmental Affairs; 13. Department of Justice and Consumer Affairs; 14. Department of Local Government;
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15. Department of Natural Resources; 16. Department of Post-Secondary Education, Training and Labour; 17. Department of Public Safety; 18. Department of Social Development; 19. Department of Supply and Services; 20. Department of Tourism and Parks; 21. Department of Transportation; 22. Department of Wellness, Culture and Sport; 23. Executive Council Office; 24. Labour and Employment Board; 25. Language Training Centre; 26. New Brunswick Police Commission; 27. Office of Human Resources; 28. Office of the Attorney General; 29. Office of the Auditor General; 30. Office of the Comptroller; 31. Office of the Leader of the Opposition; 32. Office of the Lieutenant-Governor; 33. Office of the Ombudsman; 34. Office of the Premier.
5 NEWFOUNDLAND AND LABRADOR†
1.1. All Departments of the Province.
6 NORTHWEST TERRITORIES†
1.1. All Departments and Agencies of the Territory.
1.2. This Annex does not cover procurement subject to the Northwest Territories Business Incentive Policy.
7 NOVA SCOTIA*†
1.1. All Departments and Offices of the Province established under the Public Service Act.
7.1. This Annex does not include Emergency Health Services (a division of the Department of Health) in respect of ground ambulance-related procurement, including telecommunications for Emergency Health Care purposes.
8 NUNAVUT†
1.1. All Departments and Agencies of the Territory.
8.1. This Annex does not cover procurement subject to the Nunavummi Nangminiqaqtunik Ikajuuti (NNI Policy) nor those contracts within the terms of Article 24 of the Nunavut Land Claims.
9 ONTARIO
1.1. All Ministries of the Province.
9.1. The following Agencies are included: 1. AgriCorp; 2. Centennial Centre of Science and Technology (Ontario Science Centre); 3. Deposit Insurance Corporation of Ontario; 4. Metropolitan Convention Centre Corporation; 5. Niagara Parks Commission; 6. Ontario Clean Water Agency; 7. Ontario Financial Services Commission; 8. Ontario Immigrant Investor Corporation; 9. Ontario Mortgage and Housing Corporation;
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10. Ontario Mortgage Corporation; 11. Ontario Northland Transportation Commission; 12. Ontario Tourism Marketing Partnership Corporation; 13. Ottawa Congress Centre; 14. Science North.
10 PRINCE EDWARD ISLAND*†
1.1. All Departments and Agencies of the Province.
10.1. This Annex does not cover procurement of construction materials that are used for highway construction and maintenance.
11 QUÉBEC*
1.1. All Departments of the Province.
11.1. The following public bodies are included: 1. Agence d'évaluation des technologies et des modes d'intervention en santé; 2. Bureau d'audiences publiques sur l'environnement; 3. Comité de déontologie policière; 4. Commissaire à la déontologie policière; 5. Commissaire à la santé et au bien-être; 6. Commission consultative de l'enseignement privé; 7. Commission d'accès à l'information; 8. Commission d'évaluation de l'enseignement collégial; 9. Commission de l'équité salariale; 10. Commission de la fonction publique; 11. Commission de protection du territoire agricole du Québec; 12. Commission de toponymie; 13. Commission des biens culturels du Québec; 14. Commission des droits de la personne et des droits de la jeunesse; 15. Commission des partenaires du marché du travail; 16. Commission des transports du Québec; 17. Commission municipale du Québec; 18. Commission québécoise des libérations conditionnelles; 19. Conseil consultatif du travail et de la main-d'œuvre; 20. Conseil de la famille et de l'enfance; 21. Conseil de la justice administrative; 22. Conseil de la Science et de la Technologie; 23. Conseil des aînés; 24. Conseil des relations interculturelles; 25. Conseil des services essentiels; 26. Conseil du médicament; 27. Conseil du statut de la femme; 28. Conseil permanent de la jeunesse; 29. Conseil supérieur de l'éducation; 30. Conseil supérieur de la langue française; 31. Coroner; 32. Curateur public du Québec; 33. Directeur des poursuites criminelles et pénales; 34. Office de la protection du consommateur; 35. Office des personnes handicapées du Québec; 36. Office québécois de la langue française; 37. Régie des alcools, des courses et des jeux; 38. Régie des marchés agricoles et alimentaires du Québec; 39. Régie du logement; 40. Sûreté du Québec.
11.2. This Annex does not cover procurement: 1. of cultural or artistic goods and services;
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2. of seedling production services; 3. for work to be performed on property by a contractor according to provisions of a warranty or guarantee held in respect of the property or the original work; 4. of construction-grade steel (including requirements on subcontracts); and 5. from a non-profit organization.
11.3. This Agreement does not apply to any measure of Québec adopted or maintained with respect to culture or cultural industries.
12 SASKATCHEWAN*†
1.1. All Ministries of the Province.
12.1. The following Boards and Agencies are covered: 1. Public Employee Benefits Agency; 2. Saskatchewan Archives Board; 3. Saskatchewan Arts Board.
12.2. This Annex does not include Legislative Branch Entities.
13 YUKON*†
1.1. All Departments and Agencies of the Territory.
Notes to Annex 2
1. For provinces and territories listed in this Annex, this Agreement does not apply to preferences or restrictions on highway projects.
2. For provinces and territories listed in this Annex, this Agreement does not apply to preferences or restrictions associated with programs promoting the development of distressed areas.
3. This Agreement does not cover procurement that is intended to contribute to economic development within the provinces of Manitoba, Newfoundland and Labrador, New Brunswick, Prince Edward Island and Nova Scotia or the territories of Nunavut, Yukon or Northwest Territories.
4. For those provinces and territories marked by an asterisk (*), this Agreement does not cover procurement:
a. of goods purchased for representational or promotional purposes; or
b. of services or construction services purchased for representational or promotional purposes outside the province or territory.
5. For those provinces and territories marked by an obelisk (†), this Agreement does not cover the procurement of goods, services or construction services purchased for the benefit of, or which is to be transferred to the authority of, school boards or their functional equivalents, publicly- funded academic institutions, social services entities or hospitals.
6. Nothing in this Agreement shall be construed to prevent any provincial or territorial entity from applying restrictions that promote the general environmental quality in that province or territory, as long as such restrictions are not disguised barriers to international trade.
7. This Agreement does not cover procurement made by a covered entity on behalf of a non-covered entity.
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8. This Agreement does not include Crown Corporations of the provinces and territories.
9. For Iceland and the Principality of Liechtenstein, this Agreement does not apply to procurement by entities listed in this Annex.
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ANNEX 3
OTHER ENTITIES
Unless otherwise specified, this Agreement covers procurement by the entities listed in this Annex, subject to the following thresholds:
Thresholds:
Goods SDR 355,000
Services SDR 355,000
Construction Services SDR 5,000,000
List of Entities:
1. Canada Post Corporation; 2. Canadian Museum of Civilization; 3. Canadian Museum of Nature; 4. Canadian Tourism Commission; 5. Defence Construction (1951) Ltd.; 6. National Capital Commission; 7. National Gallery of Canada; 8. National Museum of Science and Technology; 9. Royal Canadian Mint; 10. Via Rail Canada Inc.
Notes to Annex 3
1. For greater certainty, Article XVII applies to procurements by Via Rail Canada Inc. and the Royal Canadian Mint, respecting the protection of the commercial confidentiality of information provided.
2. Canada's Appendix I does not include procurement by or on behalf of the Royal Canadian Mint of direct inputs for use in minting anything other than Canada legal tender.
3. For the European Union, Iceland and the Principality of Liechtenstein, this Agreement does not apply to procurement by entities listed in this Annex.
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ANNEX 4
GOODS
1. Unless otherwise specified and subject to paragraph 2, this Agreement covers all goods.
2. Subject to the application of paragraph 1 of Article III of this Agreement, with respect to procurement by the Department of National Defence, the Royal Canadian Mounted Police, the Department of Fisheries and Oceans for the Canadian Coast Guard, and provincial police forces, this Agreement covers only the goods described in the Federal Supply Classifications (FSC) listed below:
FSC Reference No. Description
1. 22 Railway equipment; 2. 23 Motor vehicles, trailers and cycles (except buses in 2310 and except military trucks and trailers in 2320 and 2330 and tracked combat, assault and tactical vehicles in 2350 and wheeled combat, assault and tactical vehicles in 2355 formerly classified in 2320); 3. 24 Tractors; 4. 25 Vehicular equipment components; 5. 26 Tires and tubes; 6. 29 Engine accessories; 7. 30 Mechanical power transmission equipment; 8. 32 Woodworking machinery and equipment; 9. 34 Metal working machinery; 10. 35 Service and trade equipment; 11. 36 Special industry machinery; 12. 37 Agricultural machinery and equipment; 13. 38 Construction, mining, excavating and highway maintenance equipment; 14. 39 Materials handling equipment; 15. 40 Rope, cable, chain and fittings; 16. 41 Refrigeration and air conditioning equipment 17. 42 Fire fighting, rescue and safety equipment (except 4220: Marine lifesaving and diving equipment; and 4230: Decontaminating and impregnating equipment); 18. 43 Pumps and compressors; 19. 44 Furnace, steam plant, drying equipment and nuclear reactors; 20. 45 Plumbing, heating and sanitation equipment ; 21. 46 Water purification and sewage treatment equipment; 22. 47 Pipe, tubing, hose and fittings; 23. 48 Valves; 24. 49 Maintenance and repair shop equipment; 25. 52 Measuring tools; 26. 53 Hardware and abrasives;
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FSC Reference No. Description
27. 54 Prefabricated structures and scaffolding; 28. 55 Lumber, millwork, plywood and veneer; 29. 56 Construction and building materials; 30. 61 Electric wire and power and distribution equipment; 31. 62 Lighting fixtures and lamps; 32. 63 Alarm and signal systems; 33. 65 Medical, dental and veterinary equipment and supplies; 34. 66 Instruments and laboratory equipment (except 6615: Automatic pilot mechanisms and airborne Gyro components; and 6665: Hazard detecting instruments and apparatus); 35. 67 Photographic equipment ; 36. 68 Chemicals and chemical products; 37. 69 Training aids and devices; 38. 70 General purpose automatic data processing equipment, software, supplies and support equipment (except 7010: Automatic Data Processing Equipment (ADPE) Configurations); 39. 71 Furniture; 40. 72 Household and commercial furnishings and appliances; 41. 73 Food preparation and serving equipment; 42. 74 Office machines, text processing system and visible record equipment; 43. 75 Office supplies and devices; 44. 76 Books, maps and other publications (except 7650: drawings and specifications); 45. 77 Musical instruments, phonographs and home-type radios; 46. 78 Recreational and athletic equipment; 47. 79 Cleaning equipment and supplies; 48. 80 Brushes, paints, sealers and adhesives; 49. 81 Containers, packaging and packing supplies; 50. 85 Toiletries; 51. 87 Agricultural supplies; 52. 88 Live animals ; 53. 91 Fuels, lubricants, oils and waxes; 54. 93 Non-metallic fabricated materials; 55. 94 Non-metallic crude materials; 56. 96 Ores, minerals and their primary products; 57. 99 Miscellaneous.
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ANNEX 5
SERVICES
1. Unless otherwise specified, this Agreement covers the services specified in paragraphs 2 and 3. Such services are identified in accordance with the United Nations Provisional Central Product Classification (CPC Prov.) which is found at: http://unstats.un.org/unsd/cr/registry/regcst.asp?Cl=9&Lg=1. For purposes of implementation of this Agreement for federal entities and enterprises, Canada will use the "Common Classification System".
2. This Agreement covers the following services procured by federal entities listed in Annex 1 and federal enterprises listed in Annex 3:
Description CPC Prov. Reference No.
1. Legal Services (advisory services 861 on foreign and international law only) 2. Accounting, auditing and 862 book-keeping services 3. Taxation Services (excluding 863 legal services) 4. Marketing management 86503 consulting services 5. Architectural services 8671 6. Engineering services 8672 7. Integrated engineering services 8673 (excluding 86731 Integrated engineering services for transportation infrastructure turnkey projects) 3. This Agreement covers the following services procured by federal entities listed in Annex 1, sub-central government entities listed in Annex 2, and federal enterprises listed in Annex 3:
Description CPC Prov. Reference No.
1. Repair services of personal 633 and household goods 2. Hotel and similar 641 accommodation services 3. Food and beverage serving 642-643 services 4. Travel agency and tour 7471 operator services 5. Commercial courier services 7512 (including multi-modal) 6. Electronic data interchange (EDI) 7523 7. Electronic mail 7523 8. Enhanced/value-added facsimile 7523 services, including store and forward, store and retrieve 9. Code and protocol conversion -
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Description CPC Prov. Reference No.
10. On-line information and data 7523 base retrieval 11. Voice mail 7523 12. Real estate services involving 821 own or leased property 13. Real estate services on a fee 822 or contract basis 14. Leasing or rental services 83106-83109 concerning machinery and only equipment without operator 15. Leasing or rental services 83203-83209 concerning personal and only household goods 16. Consultancy services related 841 to the installation of computer hardware 17. Software implementation services, 842 including systems and software consulting services, systems analysis, design, programming and maintenance services 18. Data processing services, including 843 processing, tabulation and facilities management services 19. On-line information and/or data 843 processing (including transaction processing) 20. Data base services 844 21. Maintenance and repair services of 845 office machinery and equipment including computers 22. Other computer services 849 23. General management consulting 86501 services 24. Human resources management 86504 consulting services 25. Production management consulting 86505 services 26. Services related to management 8660 consulting (except 86602 Arbitration and conciliation services) 27. Urban planning and landscape 8674 architectural services 28. Technical testing and analysis 8676 services including quality control and inspection (except with reference to FSC 58 and transportation equipment) 29. Building-cleaning services 874 30. Packaging services 876 31. Services incidental to forestry 8814 and logging, including forest management
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Description CPC Prov. Reference No.
32. Services incidental to mining, 883 including drilling and field services 33. Repair services incidental to 8861-8864, metal products, machinery and 8866 equipment 34. Sewage and refuse disposal, 940 sanitation and similar services
Notes to Annex 5
1. This Agreement is subject to the terms and conditions set out in Canada's Schedule to the General Agreement on Trade in Services (GATS).
2. Canada's coverage in telecommunications services is limited to enhanced or value added services for the supply of which the underlying telecommunications facilities are leased from providers of public telecommunications transport networks.
3. This Agreement does not cover procurement of the following:
a. services for the management and operation of government facilities or privately-owned facilities used for government purposes, including federally-funded research and development;
b. public utilities;
c. architectural and engineering services related to airfield, communications and missile facilities;
d. shipbuilding and repair and related architectural and engineering services;
e. all services, with reference to those goods purchased by the Department of National Defence, the Royal Canadian Mounted Police, the Department of Fisheries and Oceans for the Canadian Coast Guard and provincial police forces which are not covered by this Agreement; and
f. services procured in support of military forces located overseas.
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ANNEX 6
CONSTRUCTION SERVICES
List of Construction Services (Division 51, CPC Prov.):
1. Unless otherwise specified and subject to paragraph 2, this Agreement covers all construction services identified in Division 51 of the United Nations Provisional Central Product Classification (CPC Prov.) which is found at: http://unstats.un.org/unsd/cr/registry/regcs.asp?Cl=9&Lg=1&Co=51.
2. This Agreement does not cover procurement of the following:
a. dredging services; and
b. construction services procured by or on behalf of the federal Department of Transport.
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ANNEX 7
GENERAL NOTES
Unless otherwise specified, the following General Notes apply to this Agreement, including to Annexes 1 through 6.
1. This Agreement does not cover procurement in respect of:
a. shipbuilding and repair;
b. urban rail and urban transportation equipment, systems, components and materials incorporated therein as well as all project related materials of iron or steel;
c. FSC 58 (communications, detection and coherent radiation equipment); and
d. agricultural goods made in furtherance of agricultural support programmes or human feeding programmes.
2. This Agreement does not apply to set asides for small and minority owned businesses.
3. This Agreement does not apply to any measure adopted or maintained with respect to Aboriginal peoples. It does not affect existing aboriginal or treaty rights of any of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.
4. Procurement in terms of Canadian coverage is defined as contractual transactions to acquire goods or services for the direct benefit or use of the government. The procurement process is the process that begins after an entity has decided on its requirement and continues through to and including contract award. It does not include procurements between one government entity or government enterprise and another government entity or government enterprise.
5. This Agreement does not cover procurement of transportation services that form a part of, or are incidental to, a procurement contract.
6. This Agreement covers services specified in Annex 5 and construction services specified in Annex 6 with respect to a particular Party only to the extent that such Party has provided reciprocal access to that service.
7. Where a contract to be awarded by an entity is not covered by this Agreement, this Agreement shall not be construed to cover any good or service component of that contract.
8. This Agreement does not apply to contracts under an international agreement and intended for the joint implementation or exploitation of a project.
9. Any exclusion that is related either specifically or generally to Federal or sub-central entities or enterprises in Annex 1, Annex 2 or Annex 3 will also apply to any successor entity or entities, enterprise or enterprises, in such a manner as to maintain the value of this offer.
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