Ii. Trade and Investment Regime
WT/TPR/S/246/Rev.1 Trade Policy Review Page 10 II. TRADE AND INVESTMENT REGIME (1) GENERAL FRAMEWORK 1. Canada's framework for trade and investment policy is based on shared competence between the federal government and Canada's ten provinces. The scope of federal and provincial legislative powers is defined in Part VI of the Constitution Act, 1867, as amended. Parliament has exclusive jurisdiction over issues such as the regulation of trade and commerce; intellectual property rights; and criminal law. Provinces have legislative authority in areas such as provincial taxation, non-renewable natural resources, forestry resources and electrical energy. Agriculture and immigration are recognized as being under shared federal and provincial jurisdiction, with federal legislation prevailing (Table AII.1). 2. Differences in trade and investment policies and practices between the federal and provincial governments as well as across provinces, led to an Agreement on Internal Trade (AIT), which has been in effect since 1995.1 Its objective is to "reduce and eliminate, to the extent possible, barriers to the free movement of persons, goods, services and investment within Canada, and to establish an open, efficient and stable domestic market".2 It includes all provinces and territories, with the exception of Nunavut, which has observer status. It incorporates a dispute settlement mechanism accessible to governments, individuals, and the private sector. Since Canada's previous review, there have been five protocols of amendment to the AIT (Box II.1). In addition, a number of provinces have negotiated, in various configurations, arrangements that aim for more ambitious outcomes in certain areas such as public procurement, labour mobility and the recognition of qualifications.
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