Article 100: Objective

The Parties’ objective is to reduce and eliminate, to the extent possible, barriers to the free movement of persons, goods, services, and investments within Canada and to establish an open, efficient, and stable domestic market. The Parties recognize and agree that enhancing trade, investment, and labour mobility within Canada would contribute to the attainment of this goal.

Article 101: Application

This Agreement applies to trade, investment, and labour mobility within Canada.

Article 102: Mutually Agreed Principles

  1. The Parties are guided by the following principles:
    • (a) the need to eliminate existing barriers and avoid new barriers to trade, investment, and labour mobility within Canada and to facilitate the free movement of persons, goods, services, and investments within Canada;
    • (b) the need to ensure non-discriminatory treatment of persons, goods, services, and investments, irrespective of where they originate in Canada; and
    • (c) the need to reconcile occupational standards and regulatory measures to provide for the free movement of persons and the removal of barriers to trade and investment within Canada.
  2. In applying the principles set out in paragraph 1, the Parties recognize:
    • (a) the right to regulate is a basic and fundamental attribute of government, and the decision of a Party not to adopt or maintain a particular measure shall not affect the right of any other Party to adopt or maintain such a measure;
    • (b) the need to preserve flexibility in order to achieve public policy objectives, such as public health, safety, social policy, environmental or consumer protection, or the promotion and protection of cultural diversity;
    • (c) the need for full disclosure of information, legislation, regulations, policies, and practices that have the potential to impede an open, efficient, and stable domestic market;
    • (d) the need for exceptions and transition periods; and
    • (e) the need for dispute resolution procedures and compliance mechanisms that are accessible, timely, credible, and effective.

Article 103: Extent of Obligations

Each Party is responsible for compliance with this Agreement by:

  • (a) its departments, ministries, and similar agencies of government;
  • (b) its regional, local, district, and other forms of municipal government;
  • (c) its other governmental bodies and enterprises;
  • (d) any monopoly, non-governmental body, or non-governmental enterprise, whenever exercising regulatory, administrative, or other governmental authority that the Party has delegated to it, including the power to expropriate, grant licences, approve commercial transactions, or impose quotas, fees, or other charges; and
  • (e) its monopolies and government enterprises undertaking commercial activities.

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