RESTRICTED  
  
S/C/W/462  
 
21 December 2023  
(23-8772) Page: 1/2 
Council for Trade in Services  Original: English  
 
COMMUNICATION FROM CANADA  
REVIEW OF ARTICLE II (MFN) EXEMPTIONS  
Written answers by Canada to the questions from India (S/C/W/4 55) 
The following communication dated 21 December 2023, from the delegation of Canada  is being 
circulated to the Members of the Council for Trade in Services.  
 
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1  QUESTION 3 FROM INDIA ( S/C/W/455 , PAGE 2)  
Canada Fishing -Related Services : Regar ding the MFN exemption measure ‘Licenses for access to 
Canadian waters for specific purposes, such as purchase of fuel and supplies, ship repair, crew 
exchanges and transhipment of fish catches, are granted only to fishing vessels from a country with 
which  Canada has favourable fishery relations, based primarily on adherence by that country to 
Canadian and international conservation practices and policies’, Canada is requested to inform the 
countries with whom it has favourable fish relations as of date and  thus this exemption applies. 
Apart from adherence to Canadian and international conservation practices and policies, what are 
other considerations to decide favourable fishery relations?  
 
Answer from Canada:  
• Canada’s GATS Article II (MFN) exemptions concerning fishing -related services was notified 
on April 15, 1994 to the WTO. The notification indicates that licenses for access to Canadian 
waters for specific purposes, such as purchase of fuel and supplies, sh ip repair, crew 
exchanges and transhipment of fish catches, are granted only to fishing vessels from a country 
which Canada has favourable fishery relations that is based primarily on adherence by that 
country to Canadian and international conservation pra ctices and policies.  
• Foreign fishing vessels have limited access to Canadian waters and ports. In accordance with 
the Coastal Fisheries Protection Act and the Coastal Fisheries Protection Regulations, they 
must obtain licences to enter Canadian fisheries waters, fish or engage in other fishing -related 
activities. These activities include commercial fishing, transporting fish, and processing fish at 
sea. As described in Canada’s previous Trade Policy Review, foreign fishing licences were 
granted with certai n limitations, including times and areas of fishing activities, the number of 
gear and equipment on board to be used for fishing, and specific species and quantities allowed 
for fishing.  
2  QUESTION 4 FROM INDIA ( S/C/W/455 , PAGE 2)  
Canada Air Transport - aircraf t repair and maintenance services provided by service suppliers located 
outside of Canada : Regarding the MFN exemption measure ‘Preferential treatment is extended to 
the supply of repair and maintenance services as defined in Article I 2. b) (consumption a broad) by 
some foreign repair and maintenance service suppliers’, Canada is requested to inform if it actually 
provides such concessions to any countries. How does Canada decide on giving preferential 
treatment to any country?  S/C/W/462  
 
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  Answer from Canada:  
• For safe ty reasons, Canada only permits Canadian approved maintenance 
organizations/individuals to perform repair, overhaul or maintenance activities on Canadian 
registered aircraft and aeronautical products outside of Canada.  
• The Canadian Aviation Regulations onl y permit a Canadian licensed Aircraft Maintenance 
Engineer (AME) to sign an aircraft maintenance release on a Canadian registered aircraft. 
However, an exception to this requirement is allowed when maintenance is performed on a 
Canadian registered aircraft  outside of Canada. In this scenario, a person may be authorized 
to sign under the laws of a state that is party to an agreement or technical arrangement with 
Canada and the agreement or technical arrangement provides for such certification.   
• Based on thi s exception, Canada has developed a combination of bilateral agreements and 
technical arrangements with other countries and/or regulatory authorities. Bilateral 
agreements are developed between states and technical arrangements are developed between 
regula tory authorities.   
• These types of agreements or technical arrangements are completed on a case -by-case basis, 
which require full regulatory comparisons and on -site assessments that are used to develop 
the applicable agreement or technical arrangement.  
• For a full list of Canada’s agreements and technical arrangements, please see the following 
link: https://tc.canada.ca/en/aviation/aircraft -airworthin ess/international -agreements -
arrangements . 
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