ANNEX 15-A SCHEDULE OF CANADA
SECTION A: Central Government Entities
Unless otherwise specified, Chapter 15 (Government Procurement) shall cover procurement by entities listed in this Section, subject to the following thresholds:
130,000 SDRs 130,000 SDRs 5,000,000 SDRs
Goods Services Construction Services
List of Entities: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26.
Atlantic Canada Opportunities Agency Canada Border Services Agency Canada Emission Reduction Incentives Agency Canada Employment Insurance Commission Canada Industrial Relations Board Canada Revenue Agency Canada School of Public Service Canadian Centre for Occupational Health and Safety Canadian Environmental Assessment Agency Canadian Food Inspection Agency Canadian Grain Commission Canadian Human Rights Commission Canadian Human Rights Tribunal Canadian Institutes of Health Research Canadian Intergovernmental Conference Secretariat Canadian International Trade Tribunal Canadian Northern Economic Development Agency Canadian Nuclear Safety Commission Canadian Polar Commission Canadian Radio-television and Telecommunications Commission Canadian Transportation Accident Investigation and Safety Board Canadian Transportation Agency Copyright Board Correctional Service of Canada Courts Administration Service Department of Agriculture and Agri-Food ANNEX 15-A – CANADA – 1
27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73.
Department of Canadian Heritage Department of Citizenship and Immigration Department of Employment and Social Development Department of Finance Department of Fisheries and Oceans Department of Foreign Affairs, Trade and Development Department of Health Department of Indian Affairs and Northern Development Department of Industry Department of Justice Department of National Defence Department of Natural Resources Department of Public Safety and Emergency Preparedness Department of Public Works and Government Services Department of the Environment Department of Transport Department of Veterans Affairs Department of Western Economic Diversification Director of Soldier Settlement Director, The Veterans' Land Act Economic Development Agency of Canada for the Regions of Quebec Federal Economic Development Agency for Southern Ontario Financial Consumer Agency of Canada Immigration and Refugee Board Indian Residential Schools Truth and Reconciliation Commission Library and Archives of Canada Military Grievances External Review Committee Military Police Complaints Commission National Battlefields Commission National Energy Board National Farm Products Council National Film Board National Research Council of Canada Natural Sciences and Engineering Research Council Northern Pipeline Agency Office of Infrastructure of Canada Office of the Auditor General Office of the Chief Electoral Officer Office of the Commissioner for Federal Judicial Affairs Office of the Commissioner of Lobbying Office of the Commissioner of Official Languages Office of the Coordinator, Status of Women Office of the Correctional Investigator of Canada Office of the Director of Public Prosecutions Office of the Governor General's Secretary Office of the Public Sector Integrity Commissioner Office of the Registrar of the Supreme Court of Canada ANNEX 15-A – CANADA – 2
74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95.
Office of the Superintendent of Financial Institutions Offices of the Information and Privacy Commissioners of Canada Parks Canada Agency Parole Board of Canada Patented Medicine Prices Review Board Privy Council Office Public Health Agency of Canada Public Service Commission Public Service Labour Relations and Employment Board Registry of the Competition Tribunal Registry of the Public Servants Disclosure Protection Tribunal Registry of the Specific Claims Tribunal Royal Canadian Mounted Police Royal Canadian Mounted Police External Review Committee Royal Canadian Mounted Police Public Complaints Commission Security Intelligence Review Committee Shared Services Canada Social Sciences and Humanities Research Council Statistics Canada Transportation Appeal Tribunal of Canada Treasury Board of Canada Secretariat Veterans Review and Appeal Board
Note to Section A No entity listed in this Section has the power to create subordinate entities.
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SECTION B: Sub-Central Government Entities
Unless otherwise specified, Chapter 15 (Government Procurement) shall cover procurement by entities listed in this Section, subject to the following thresholds: Thresholds: 355,000 SDRs 355,000 SDRs 5,000,000 SDRs
Goods Services Construction Services
List of Entities: *†ALBERTA
All Ministries and Agencies (All Government Departments and Provincial Agencies, Boards, Councils, Committees and Commissions) of the Province. This Section does not include: 1. 2. 3. 4. 5. 6. 7.
Legislative Assembly Legislative Assembly Office Office of the Auditor General Office of the Chief Electoral Officer Office of the Ethics Commissioner Office of the Information and Privacy Commissioner Office of the Ombudsman
All Ministries, Boards, Commissions, Agencies and Committees of the Province. This Section does not include the Legislative Assembly. †MANITOBA
All Departments, Boards, Commissions and Committees of the Province.
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†NEW BRUNSWICK The following provincial entities are included: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29.
Chief Electoral Officer Clerk of the Legislative Assembly Department of Agriculture, Aquaculture and Fisheries Department of Business New Brunswick Department of Education and Early Childhood Development Department of Energy and Mines Department of Environment and Local Government Department of Finance Department of Health Department of Justice Department of Natural Resources Department of Post-Secondary Education, Training and Labour Department of Public Safety Department of Social Development Department of Government Services Department of Tourism, Heritage and Culture Department of Transportations and Infrastructure Executive Council Office Labour and Employment Board Language Training Centre New Brunswick Police Commission Office of Human Resources Office of the Attorney General Office of the Auditor General Office of the Comptroller Office of the Leader of the Opposition Office of the Lieutenant-Governor Office of the Ombudsman Office of the Premier
This Section does not cover procurement of sand, stone, gravel, asphalt compound and pre-mixed concrete for use in the construction or repair of roads. †NEWFOUNDLAND AND LABRADOR All Departments of the Province.
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†NORTHWEST TERRITORIES All Departments and Agencies of the Territory. This Section does not cover procurement subject to the Northwest Territories Business Incentive Policy *†NOVA SCOTIA This Section applies to all Departments and Offices of the Province established under the Public Service Act, except for the following entities and circumstances: 1.
Emergency Health Services (a subdivision of the Department of Health and Wellness) in respect to ambulance-related procurement, including telecommunications, for emergency health care purposes;
The Information, Communications and Technology Services Branch of the Department of Internal Services and the Chief Information Office of the Department of Health and Wellness;
Any measure Nova Scotia adopts or maintains with respect to culture or cultural industries; and
Procurement of FSC 58 (communications, detection and coherent radiation equipment).
†NUNAVUT All Departments and Agencies of the Territory. This Section 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 Agreement.
ONTARIO All Ministries of the Province. The following Agencies are included: 1. AgriCorp 2. Centennial Centre of Science and Technology (Ontario Science Centre) 3. Deposit Insurance Corporation of Ontario ANNEX 15-A – CANADA – 6
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 10. Ontario Mortgage Corporation 11. Ontario Northland Transportation Commission 12. Ontario Tourism Marketing Partnership Corporation 13. Ottawa Congress Centre 14. Science North *†PRINCE EDWARD ISLAND All Departments of the Province. This Section does not cover procurement of construction materials that are used for highway construction and maintenance.
*QUÉBEC All departments of the Province and the governmental agencies set out in subparagraph (2) of the first paragraph of section 4 of the Act Respecting Contracting by Public Bodies (Chapter C-65.1). The following entities are also included: 1. Agence du revenu du Québec (Québec Revenue Agency) 2. Institut national d’excellence en santé et en services sociaux (National Institute for Excellence in Health and Social Services) This Section does not cover procurement: (a) of cultural or artistic goods and services; (b) of seedling production services; (c) 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; (d) of construction-grade steel (including requirements on subcontracts); and (e) from a non-profit organization.
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Chapter 15 (Government Procurement) shall not apply to any measure of Québec adopted or maintained with respect to culture or cultural industries. *†SASKATCHEWAN All Ministries of the Province. The following Boards and Agencies are covered: 1. Public Employee Benefits Agency 2. Saskatchewan Archives Board 3. Saskatchewan Arts Board This Section does not include Legislative Branch Entities. *†YUKON The following Departments of the Territory are covered: 1. Department of Community Services 2. Department of Economic Development 3. Department of Education 4. Department of Energy, Mines and Resources 5. Department of Environment 6. Department of Finance 7. Department of Health and Social Services 8. Department of Highways and Public Works 9. Department of Justice 10. Department of Tourism and Culture 11. Executive Council Office 12. Public Service Commission The following Agencies are included. 1. French Language Services Directorate 2. Women’s Directorate 3. Yukon Worker’s Compensation Health and Safety Board Notes to Section B 1. For provinces and territories listed in this Section, Chapter 15 (Government Procurement) shall not apply to preferences or restrictions on highway projects.
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2. For provinces and territories listed in this Section, Chapter 15 (Government Procurement) shall not apply to preferences or restrictions associated with programmes promoting the development of distressed areas. 3. Chapter 15 (Government Procurement) shall 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 (*), Chapter 15 (Government Procurement) shall not cover procurement: (a)
of goods purchased for representational or promotional purposes; or
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 (†), Chapter 15 (Government Procurement) shall 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. Chapter 15 (Government Procurement) shall not include Crown Corporations of the provinces and territories. 7. For provinces and territories listed in Section B, Chapter 15 (Government Procurement) shall not cover procurement of urban rail and urban transportation equipment, systems, components and materials incorporated therein as well as all project related materials of iron or steel. 8. For Malaysia, Mexico, United States and Viet Nam, Chapter 15 (Government Procurement) shall not apply to procurement by entities listed in Section B. Canada is prepared to extend coverage of Section B upon the negotiation of mutually acceptable concessions.
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SECTION C: Other Entities
Unless otherwise specified, Chapter 15 (Government Procurement) shall cover procurement by the entities listed in this Section, subject to the following thresholds. Thresholds: 355,000 SDRs 355,000 SDRs 5,000,000 SDRs
Goods Services Construction Services
List of Other Entities: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22.
Atlantic Pilotage Authority Blue Water Bridge Authority Canada Development Investment Corporation Canada Lands Company Limited Canada Post Corporation Canadian Museum for Human Rights Canadian Museum of History Canadian Museum of Nature Canadian Museum of Immigration at Pier 21 Canadian Tourism Commission Defence Construction (1951) Ltd. Federal Bridge Corporation Limited Great Lakes Pilotage Authority Laurentian Pilotage Authority Marine Atlantic Inc. National Capital Commission National Gallery of Canada National Museum of Science and Technology Pacific Pilotage Authority PPP Canada Inc. Royal Canadian Mint Via Rail Canada Inc.
Notes to Section C 1. Chapter 15 (Government Procurement) shall not cover procurement by or on behalf of the Royal Canadian Mint of direct inputs for use in minting anything other than Canada legal tender. 2. Chapter 15 (Government Procurement) shall not cover procurement by the Canada Lands Company Limited or its subsidiaries for the development of real property for commercial sale or resale. ANNEX 15-A – CANADA – 10
3. Chapter 15 (Government Procurement) shall not cover leasing or rental of transportation equipment by or on behalf of Canada Post Corporation, Marine Atlantic Inc., or any pilotage authority.
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SECTION D: Goods
1. Unless otherwise specified and subject to paragraph 2, Chapter 15 (Government Procurement) shall cover all goods. 2. Subject to the application of Article 29.2 (Security Exceptions) 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, Chapter 15 (Government Procurement) shall cover only the goods described in the Federal Supply Classifications (FSC) listed below: FSC
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)
Vehicular equipment components
Tires and tubes
Mechanical power transmission equipment
Woodworking machinery and equipment
Metal working machinery
Service and trade equipment
Special industry machinery
Agricultural machinery and equipment
Construction, mining, excavating and highway maintenance equipment
Materials handling equipment
Rope, cable, chain and fittings
Refrigeration and air conditioning equipment
Fire fighting, rescue and safety equipment (except 4220: Marine lifesaving and diving equipment; and 4230: Decontaminating and impregnating equipment)
Pumps and compressors
Furnace, steam plant, drying equipment and nuclear reactors
Plumbing, heating and sanitation equipment ANNEX 15-A – CANADA – 12
Water purification and sewage treatment equipment
Pipe, tubing, hose and fittings
Maintenance and repair shop equipment
Hardware and abrasives
Prefabricated structures and scaffolding
Lumber, millwork, plywood and veneer
Construction and building materials
Electric wire and power and distribution equipment
Lighting fixtures and lamps
Alarm and signal systems
Medical, dental and veterinary equipment and supplies Instruments and laboratory equipment (except 6615: mechanisms and airborne Gyro components; and 6665: instruments and apparatus)
Chemicals and chemical products
Training aids and devices
General purpose automatic data processing equipment, software, supplies and support equipment (except 7010: Automatic Data Processing Equipment (ADPE) configurations)
Household and commercial furnishings and appliances
Food preparation and serving equipment
Office machines, text processing system and visible record equipment
Office supplies and devices
Books, maps and other publications (except 7650: drawings and specifications)
Musical instruments, phonographs and home-type radios
Recreational and athletic equipment
Cleaning equipment and supplies
Brushes, paints, sealers and adhesives
Containers, packaging and packing supplies
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Automatic pilot Hazard detecting
Fuels, lubricants, oils and waxes
Non-metallic fabricated materials
Non-metallic crude materials
Ores, minerals and their primary products
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SECTION E: Services
1. Unless otherwise specified, Chapter 15 (Government Procurement) shall cover 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 Chapter 15 (Government Procurement), Canada reserves the right to use a classification system of its choosing. 2. Chapter 15 (Government Procurement) shall cover the following services procured by central government entities listed in Section A and other entities listed in Section C: 61
Sale, Maintenance and Repair Services of Motor Vehicles and Motorcycles
Commission agents’ and wholesale trade services, except of motor vehicles and motorcycles
Business network services
Integrated telecommunications services
Telecommunications related services
Leasing or rental services without operator
Legal Services (advisory services on foreign and international law only)
Accounting, auditing and book-keeping services
Taxation Services (except legal services)
Marketing management consulting services
Integrated engineering services (except 86731 Integrated engineering services for transportation infrastructure turnkey projects)
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Technical testing and analysis services including quality control and inspection (except with reference to transportation equipment)
Placement and supply services of personnel
Telephone answering services
Mailing list compilation and mailing services
Services incidental to agriculture, hunting and forestry
Services incidental to fishing
Services incidental to manufacturing (except 88442 Publishing and printing, on a fee or contract basis)
Services incidental to the manufacture of metal products, machinery and equipment
Repair services incidental to metal products, machinery and equipment
Vocational, Technical and Professional Training
Veterinary services (except veterinary diagnostic services relating to zoonotic infectious diseases and related surveillance services)
Washing, cleaning and dyeing services
Hairdressing and other beauty services
3. Chapter 15 (Government Procurement) shall cover the following services procured by central government entities listed in Section A, sub-central government entities listed in Section B, and other entities listed in Section C: 633
Repair services of personal and household goods
Hotel and Restaurant services
Travel agency and tour operator services
Commercial courier services (including multi-modal)
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Electronic data interchange (EDI)
Enhanced/value-added facsimile services, including store and forward, store and retrieve - Code and protocol conversion
On-line information and data base retrieval
Real estate services involving own or leased property
Real estate services on a fee or contract basis
83106 to 83109 only
Leasing or rental services concerning machinery and equipment without operator
83203 to 83209 only
Leasing or rental services concerning personal and household goods
Consultancy services related to the installation of computer hardware
Software implementation services, including systems and software consulting services, systems analysis, design, programming and maintenance services
Data processing services, including processing, tabulation and facilities management services
On-line information and/or data processing (including transaction processing)
Data base services
Maintenance and repair services of office machinery and equipment including computers
Other computer services
General management consulting services
Human resources management consulting services ANNEX 15-A – CANADA – 17
Production management consulting services
Services related to management consulting (except 86602 Arbitration and conciliation services)
Urban planning and landscape architectural services
Technical testing and analysis services including quality control and inspection (except with reference to FSC 58 and transportation equipment)
Services incidental to forestry and logging, including forest management
Services incidental to mining, including drilling and field services
8861 to 8864, and 8866
Repair services incidental to metal products, machinery and equipment
Sewage and refuse disposal, sanitation and similar services
Notes to Section E 1.
Chapter 15 (Government Procurement) shall 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 federallyfunded research and development;
Public utilities services;
Shipbuilding and repair and related architectural and engineering services;
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 Chapter 15 (Government Procurement);
Services procured in support of military forces located overseas; and
Services related to culture or cultural industries. ANNEX 15-A – CANADA – 18
2. The coverage of any service listed in this Section that is provided by or from an aircraft is covered with respect to a particular Party only to the extent that such Party provides effective market access for such service in its territory.
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SECTION F: Construction Services
1. Unless otherwise specified and subject to paragraph 2, Chapter 15 (Government Procurement) shall cover all construction services identified in Division 51 of the United Nations Provisional Central Product Classification (CPC Prov.) . 2.
Chapter 15 (Government Procurement) shall not cover procurement of the following: (a)
dredging services; and
construction services procured by or on behalf of the federal Department of Transport.
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SECTION G: General Notes
Unless otherwise specified, the following General Notes shall apply to Chapter 15 (Government Procurement), including to Sections A through F. 1.
Chapter 15 (Government Procurement) shall not cover procurement in respect of: (a) shipbuilding and repair, including related architectural and engineering services; (b) agricultural goods made in furtherance of agricultural support programmes or human feeding programmes; (c) transportation services that form a part of, or are incidental to, a procurement contract; and (d) an international crossing between Canada and another country, including the design, construction, operation or maintenance of the crossing as well as any related infrastructure.
2. Chapter 15 (Government Procurement) shall not cover procurement by a procuring entity from another government entity. 3.
Chapter 15 (Government Procurement) shall not apply to: (a)
any form of preference, including set asides, to benefit micro, small and medium enterprises; and
any measure adopted or maintained with respect to Aboriginal peoples, nor to set asides for aboriginal businesses; existing aboriginal or treaty rights of any of the Aboriginal peoples of Canada protected by section 35 of the Constitution Act, 1982 are not affected by Chapter 15 (Government Procurement).
4. For greater certainty, Chapter 15 (Government Procurement) shall be interpreted in accordance with the following: (a)
The procurement process is the process that begins after a procuring entity has decided on its requirement and continues through to and including contract award;
Where a contract to be awarded by a procuring entity is not covered by Chapter 15 (Government Procurement), Chapter 15 (Government Procurement) shall not be construed to cover any good or service component of that contract;
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Any exclusion that is related either specifically or generally to a procuring entity will also apply to any successor entity in such a manner as to maintain the value of this offer;
For the purpose of the definition of build-operate-transfer contract and public works concession contract, a “contractual arrangement” means a contract;
Services covered by Chapter 15 (Government Procurement) are subject to Canada’s exclusions from and reservations to Chapter 10 (Cross-Border Trade in Services), Chapter 9 (Investment) and Chapter 11 (Financial Services);
For the purposes of Article 15.12.7 (Technical Specifications), "government information" includes third party information held by or on behalf of the government and "sensitive" information includes confidential, classified or otherwise protected information; and
Chapter 15 (Government Procurement) shall not cover procurement by a procuring entity on behalf of another entity where the procurement would not be covered by Chapter 15 (Government Procurement) if it were conducted by the other entity itself.
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SECTION H: Threshold Adjustment Formula
1. The thresholds shall be adjusted in every even-numbered year with each adjustment taking effect on January 1, beginning on January 1 of the first even-numbered year after the date of entry into force of this Agreement for Canada. 2. Every two years, Canada shall calculate and publish the value of the thresholds under Chapter 15 (Government Procurement) expressed in Canadian dollars. These calculations shall be based on the conversion rates published by the International Monetary Fund in its monthly International Financial Statistics. 3. The conversion rates shall be the average of the daily values of the Canadian dollar in terms of the Special Drawing Rights (SDR) over the two-year period preceding October 1 of the year before the adjusted thresholds are to take effect. 4. Canada shall consult if a major change in its national currency relative to the SDR or to the national currency of another Party were to create a significant problem with regard to the application of Chapter 15 (Government Procurement).
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SECTION I: Procurement Information
All information on government procurements is published on the following websites. Legislation and Regulations: http://laws-lois.justice.gc.ca Canadian Government Tender System: https://buyandsell.gc.ca/
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SECTION J: Transitional Measures None.
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