1. ONTARIO

Sector: Energy
Sub-Sector: Production, transmission, and distribution of electricity, gas, steam, and hot water; crude petroleum and natural gas; transport services via pipeline (except for hydrocarbon pipelines); petroleum gases and other gaseous hydrocarbons, except natural gas; services incidental to energy distribution
Industry Classification: CPC 17, 120, 334, 713, 887
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Ontario reserves the right to adopt or maintain a measure limiting market access in the exploration, production, generation, extraction, importation, exportation, transportation, transmission, distribution, storage, sale, retailing, marketing, conservation, demand/load management, and development of energy (including electricity, natural gas, and renewable energy), with the exception of measures imposing limitations on the participation of foreign capital in terms of a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.

Ontario reserves the right to adopt or maintain any measure limiting market access in the granting of exclusive rights to own and/or operate a transmission or distribution system, or to produce, generate, store, sell, retail, or market energy (including electricity, natural gas, or renewable energy).

For greater certainty, this exception is without prejudice to the right of Ontario to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing state enterprise or an existing governmental entity involved with the above activities.

For greater certainty, nothing in this exception applies to hydrocarbon pipelines.

Any Existing Measures:

2. ONTARIO

Sector: Cannabis
Sub-Sector: Cannabis; Wholesale trade services, including on a fee or contract basis; Retailing services, including on a fee or contract basis; All other cannabis-related services not covered by B, C, D, and E
Industry Classification: A, D, E, F
Type of Exception: Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services), Article 312 (Market Access – Investment)

Description:

Ontario reserves the right to adopt and maintain a measure limiting market access and right of entry and exit related to the retail and wholesale of cannabis within 5 years of coming into force of this party-specific exception. Any such measure adopted by Ontario within a 5 year period will continue to be reserved against Article 301 (Right of Entry and Exit), Article 307 (Market Access – Services) and Article 312 (Market Access – Investment) after the 5 year period expires, including:

  1. the continuation or prompt renewal of the measure; or
  2. an amendment to the measure to the extent that the amendment does not decrease the conformity of the measure with those obligations as it existed

immediately before the amendment.

Any Existing Measures: (Provided For Illustrative Purposes Only)

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