Definitions
Committee
The Committee of Ministers established under Article 1600 (Committee on Internal Trade);
Cultural Industries
Persons engaged in any of the following activities:
- The publication, distribution, or sale of books, magazines, periodicals or newspapers in print or machine readable form but not including the sole activity of printing or typesetting any of the foregoing;
- The production, distribution, sale or exhibition of film or video recordings
- The production, distribution, sale or exhibition of audio or video music recordings;
- The publication, distribution or sale of music in print or machine readable form; or
- Radio communications in which the transmissions are intended for direct reception by the general public, and all radio, television and cable broadcasting undertakings and all satellite programming and broadcast network services;
Enterprise
An entity constituted, established or organized under applicable laws, whether or not for profit and whether privately-owned or governmentally-owned;
Enterprise of a Party
An enterprise constituted, established or organized under the law of a Party;
Environment
The components of the Earth and includes, but is not limited to:
- Deposit-taking;
- Loan and investment services;
- Insurance;
- Estate, trust and agency services;
- Securities; and
- All forms of financial or market intermediation including, but not limited to, the distribution of financial products;
Environmental Measure
A measure the primary purpose of which is to protect the environmental or to prevent danger to human, animal or plant life or health;
Existing Measure
A measure adopted before the date of entry into force of this Agreement, being July 1, 1995;
Financial Institution
A person that is subject to, or governed by, a measure adopted or maintained by a Party or by a public body that exercises regulatory or supervisory authority delegated by law, in respect of and by reason of the production or provision of a financial service;
Financial Service
Any service or product of a financial nature that is subject to, or governed by, a measure adopted or maintained by a Party or by a public body that exercises regulatory or supervisory authority delegated by law and includes, but is not limited to:
- Deposit-taking;
- Loan and investment services;
- Insurance;
- Estate, trust and agency services;
- Securities; and
- All forms of financial or market intermediation including, but not limited to, the distribution of financial products;
Good of a Party
A good that is produced, manufactured, grown or obtained in, used for a commercial purpose in, or distributed from, the territory of a Party;
Harmonization
Making identical or minimizing the differences between standards or related measures of similar scope;
Investment
- The establishment, acquisition or expansion of an enterprise;
- Financial assets, such as money, shares, bonds, debentures, partnership rights, receivables, inventories, capital assets, options and goodwill;
Legitimate Objective
Any of the following objectives pursued within the territory of a Party:
- Public security and safety;
- Public order;
- Protection of human, animal or plant life or health;
- Protection of the environment;
- Consumer protection;
- Protection of the health, safety and well-being of workers; or
- Affirmative action programs for disadvantaged groups;
Considering, among other things, where appropriate, fundamental climatic or other geographical factors, technological or infrastructural factors, or scientific justification. Except as otherwise provided, “legitimate objective” does not include protection of the production of a Party or, in the case of the Federal Government, favouring the production of a Province.
Measure
Includes any legislation, regulation, directive, requirement, guideline, program, policy, administrative practice or other procedure;
Mutual Recognition
The acceptance by a Party of a person, good, service or investment that conforms with an equivalent standard or standards-related measure of another Party without modification, testing, certification, re-naming or undergoing any other duplicative conformity assessment procedure;
New Measure
A measure adopted on or after the date of entry into force of this Agreement, being July 1, 1995;
Panel
A group of 3 impartial individuals selected from a Roster of Panellists to hear a dispute. The Panel reviews the dispute and reaches a determination with reasons, as to whether the measure in question is or would be inconsistent with this Agreement.
Party
A signatory to this Agreement;
Person of a Party
- A natural person resident in the territory of a Party; or
- An enterprise of a Party;
Protocol of Amendment
Revised text of the Agreement which incorporates changes or amendments approved by the Committee on Internal Trade.
Screener
Under Chapter Seventeen of the Agreement, provision is made for Parties to each appoint a Screener to review requests by persons to determine whether or not they should be permitted to commence dispute resolution proceedings.
Secretariat
The Secretariat established under Article 1603 (Secretariat);
Service of a Party
A service supplied, or to be supplied, by a person of a Party;
Standard
A specification, approved by a Party or by a recognized body, including those accredited as members of Canada’s National Standards System, that sets out the rules, guidelines or characteristics for goods or related processes and production methods, or for services, service providers or their related operating methods;
Standards-related Measure
A measure that incorporates a standard and may also set out the requirements and procedures to ensure conformity or compliance.