The following is a list of NAFTA articles that compromise Canadian sovereignty over our water resources and the proposed amendments that would fix the problem.\u00a0 The same clauses appear in CUSMA.<\/p>\n
NAFTA Article 102 \u201celiminate barriers to trade in, and facilitate the cross border movement of, goods and services between the territories of the Parties, to increase substantially investment opportunities in the territories of the Parties, and to\u2026expand and enhance\u2026\u201d<\/em>. <\/em><\/p>\n Following is a list of NAFTA articles that compromise Canadian sovereignty over our water resources and the proposed amendments that would fix the problem.<\/p>\n NAFTA Article 102 \u201celiminate barriers to trade in, and facilitate the cross border movement of, goods and services between the territories of the Parties, to increase substantially investment opportunities in the territories of the Parties, and to\u2026expand and enhance\u2026\u201d<\/em>. <\/em><\/p>\n NAFTA Article 201: Goods of a party are products as these are understood in the General Agreement on Tariffs and Trade (classifies goods for customs tariff and other purposes.<\/p>\n \u2026any good covered by a GATT tariff heading is subject to all the provisions of the Agreements themselves unless explicitly excluded (e.g. raw log exports, certain species of fish from the Maritimes\u2026)<\/em><\/p>\n 22.01 Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter not flavoured; ice and snow. <\/em><\/p>\n 22.01.10 Mineral waters and aerated waters<\/em><\/p>\n 10 Natural mineral water<\/em><\/p>\n 90 Other<\/em><\/p>\n 22.01.90 Other<\/em><\/p>\n Heading 22.01: This heading\u2026covers ordinary natural water of all kinds (other than sea water). Such water remains in this heading whether or not it is clarified or purified.<\/em><\/p>\n Each party shall accord national treatment to the goods of another Party Country \u201cA\u201d must accord the citizens of Country \u201dB”\u201d treatment identical to the treatment it provides to its own nationals\u2026<\/p>\n No party may adopt or maintain any duty, tax or other charge on the export of any good to the territory of another party unless such duty, tax or charge is adopted or maintained on any such good when destined for domestic consumption.<\/p>\n No party may adopt or maintain any prohibition or restriction on the exportation or sale for export of any good destined for the territory of another party, except in accordance with Article XI of the GATT:<\/p>\n GATT Article XI: Export prohibitions or restrictions temporarily applied to prevent or relieve critical shortages of foodstuffs or other products essential to the exporting contracting party\u2026 (would not allow restriction of water exports to meet future needs nor on the basis of environmental concerns);<\/em><\/p>\n Any quantitative restriction on exports as a result of a shortage of domestic supplies (GATT XI) must ensure that:<\/p>\n NAFTA Article 1102: Each Party shall accord to investors of another party treatment no less favourable than it accords, in like circumstances, to its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation and sale or other disposition of investments<\/em>.<\/p>\n NAFTA Article 1202: Each Party shall accord service providers of another Party treatment no less favourable than it accords, in like circumstances, to service providers of any other Party or of a non-Party.<\/em><\/p>\n Following is a list of NAFTA articles that compromise Canadian sovereignty over our water resources and the proposed amendments that would fix the problem.<\/p>\n #1 Trade agreements apply<\/u> to “goods”, “services”, “investments<\/u>”<\/p>\n NAFTA Article 102 “eliminate barriers to trade in, and facilitate the cross border movement of, goods and services between the territories of the Parties, to increase substantially investment opportunities in the territories of the Parties, and to…expand and enhance…”<\/em>. <\/em><\/p>\n #2 Goods are defined by the Harmonized Commodity Coding System”:<\/u><\/p>\n#2\u00a0 Goods are defined by the Harmonized Commodity Coding System\u201d:<\/h3>\n
#1\u00a0 Trade agreements apply to \u201cgoods\u201d, \u201cservices\u201d, \u201cinvestments\u201d<\/h3>\n
#2\u00a0 Goods are defined by the Harmonized Commodity Coding System\u201d:<\/h3>\n
#3\u00a0 Harmonized Commodity Coding System of the GATT:<\/h3>\n
#4\u00a0 GATT HCCS Explanatory Notes – Geneva, 1986<\/h3>\n
#5\u00a0 NAFTA (301): National Treatment<\/h3>\n
#6\u00a0 NAFTA Article 314 (Export Taxes)<\/h3>\n
#7\u00a0 NAFTA Article 309 (Import\/Export Restrictions)<\/h3>\n
#8\u00a0 NAFTA Article 315 (Other Export Measures)<\/h3>\n
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#9\u00a0 NAFTA Annex 702.1 (Agriculture)<\/h3>\n
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#10\u00a0 NAFTA Chapter Eleven (Investments)<\/h3>\n
#11\u00a0 NAFTA Chapter Twelve (Services)<\/h3>\n
Implications<\/h4>\n
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