RESTRICTED  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  GPA/O/CAN/2 
24 January 2006 
 (06-0341) 
Committee on Government Procurement Original:  English/ 
                anglais/                 inglés 
 
 
NEGOTIATIONS ON EXTENSION OF COVERAGE AND ELIMINATION OF  
DISCRIMINATORY MEASURES AND PRACTICES PURSUANT TO  
ARTICLE XXIV:7(b) AND (c) OF THE AGREEMENT  
ON GOVERNMENT PROCUREMENT 
 
Communication from Canada
1 
  
 The following communication, dated 20 January 2 006, is being circulated at the request of the 
Delegation of Canada. 
 
 
Comité des marchés publics  
 
 
NÉGOCIATIONS SUR L'EXTENSION DE LA PORTÉE DE L'ACCORD ET 
L'ÉLIMINATION DES MESURES ET PRATIQUES DISCRIMINATOIRES  
AU TITRE DE L'ARTICLE XXIV: 7 b) ET c) DE L'ACCORD  
SUR LES MARCHÉS PUBLICS 
 
Communication du Canada1 
 
 
 La communication ci-après, datée du 20 janvier  2006, est distribuée à la demande de la 
délégation du Canada. 
 
 
Comité de Contratación Pública  
 
NEGOCIACIÓN SOBRE LA AMPLIACIÓN DEL ÁMBITO DE APLICACIÓN Y  
LA ELIMINACIÓN DE LAS MEDIDAS Y PRÁCTICAS DISCRIMINATORIAS  
DE CONFORMIDAD CON LOS APARTADOS b) Y c) DEL PÁRRAFO 7  
DEL ARTÍCULO XXIV DEL ACUERDO SOBRE  
CONTRATACIÓN PÚBLICA  
 
Comunicación del Canadá
1 
 
  La siguiente comunicación, de fecha de 20 enero de 2006, se distribuye a petición de la delegación del Canadá.  
                                                     
 
1 In English and French only./En anglais et en français seulement./En inglés y francés solamente. GPA/O/CAN/2 
Page 2  
 
  ARTICLE XXIV:7 REVIEW OF THE WTO AGREEMENT ON  
GOVERNMENT PROCUREMENT 
 
Initial Offer of Canada
 
 
20 January 2006 
 
 
CANADA 
 
 
INTRODUCTION 
  
CONDITIONS APPLYING TO CANADA'S INITIAL OFFER  
 
 This initial offer is subject to the following conditions:   1. Text and obligations of the WT O Agreement on Govern ment Procurement 
satisfactory to Canada.  For certainty, all Ar ticle numbers specified in this draft initial 
offer refer to the Articles as numbered in the1994 Agreement. 
 
 2. The inclusion of any general excep tion that Canada may deem necessary. 
  3. Canada reserves the right to implement it s procurement obligations in any appropriate 
manner, including legislation, regulations or other administrative mechanism. 
 
 4. Satisfactory government procurement o ffers from GPA Parties representing, in 
Canada's estimation, an appropriate balance of  concessions relative to this offer.  The 
offer of coverage for Annex 3 and the o ffer to convert the services coverage in 
current Annex 4 (proposed to be numbered A nnex 5) to a negative list are subject to 
appropriate offers from other GPA Parties. 
 
 5. Canada has set out the conditions needed for further improvements to the offer in its 
request, GPA/O/CAN/1, dated 22 December 2004, and GPA/O/CAN/1/Add.1, dated 18 May 2005, and Canada's Informal Submi ssion on Horizontal Issues, Job No. 3228, 
dated 13 May 2005.  Specifically, this initial offer does not include: 
 
  - any offer to revise thresholds;   - any offer of coverage for Annex 2,  Sub-Central Government Entities;  and 
  - any revisions to certain Notes a nd General Notes identified in Canada's 
 request and related informal submission for consideration by the Committee  as horizontal issues. 
 
 6. Acceptance by GPA Parties of the pr oposed format for Appendix I to the GPA, 
including Annexes 1 to 7, as appended to the 14 October 2005 Clean Text of the GPA 
in Job No. 7713, dated 20 Oct ober 2005.  Canada has, in ge neral, utilized this format 
in its initial offer, as follows: 
 
  - A Goods Annex is included.  For consistency with the Services Annex and 
 the Construction Services Annex, ex clusions for goods related to the 
 Departments of Defence, RCMP and Coast  Guard, formerly in Annex 1, have 
 been moved to the proposed Goods Annex.  GPA/O/CAN/2 
 Page 3 
 
 
   
  - A statement on the status of "subordinate entities" has been included in 
 Annexes 1 and 3. 
   - Canada offers to convert its Serv ices Annex to a negative list from a positive 
 list. 
   - The creation of the Goods Annex a nd the conversion of the Services Annex 
 to a negative list have permitted the consolidation of certain notes in the 
 former Annexes 1 and 4 and their placement in the General Notes. 
 
 7. A small number of minor modifications  to Canada's list of entities in Annex 1 
(e.g. name changes) are expected.  A notification of these changes under Article XXIV:6(a) will be made as soon as possible.  The listing of entities in Annex 1 of this initial offer will be re vised following any such notification. 
 
 Canada reserves the right to amend this document at any time during the course of the 
negotiations.  GPA/O/CAN/2 
Page 4  
 
   
ARTICLE XXIV:7 REVIEW OF THE WTO AGREEMENT ON  
GOVERNMENT PROCUREMENT 
 
Initial Offer of Canada
 
 
20 January 2006 
  
CANADA 
 
 
ANNEX 1 
 
Federal Government Entities 
 
  1. Thresholds
:  Goods and Services:     130,000 SDRs 
    Construction Services:  5,000,000 SDRs  
2. Subordinate Entities
:  All entities listed in this Annex ha ve a separate legal personality.  Any 
entity with a separate legal personality that is  not listed in this Annex is not covered. 
 3. List of Entities
: 
 
1. Department of Agriculture and Agri-Food 
2. Canadian Food Inspection Agency 3. Department of Canadian Heritage 4. Office of the Coordinator, Status of Women 5. Parks Canada Agency 6. Department of Citizenship and Immigration 
7. Immigration and Refugee Board 
8. Department of the Environment 9. Department of Foreign A ffairs and International Trade 
10. Canadian International Devel opment Agency (on its own account) 
11. Department of Finance 
12. Canadian International Trade Tribunal 
13. Municipal Development and Loan Board 14. Office of the Superintende nt of Financial Institutions  
15. Department of Fisheries and Oceans 
(For purposes of Article XXIII, the national se curity considerations applicable to the 
Department of National Defence are equally a pplicable to the Canadian Coast Guard other 
than the functions of the Canadian Coast Guar d retained by the Department of Transport 
pursuant to Order under the Public Service Rearrangement and Transfer of Duties Act  
published in the Canada Gazette, Part II, as SI/95-46, namely the Harbours and Ports 
Directorate, the regional Harbours and Ports Branches, the Marine Regulatory Directorate, the Ship Inspection Directorate and the regional Sh ip Inspection Branches of the Canadian Coast 
Guard.) 
16. Department of Health 17. Medical Research Council 18. Department of Human Resources Development 19. Canada Employment Insurance Commission  GPA/O/CAN/2 
 Page 5 
 
 
  20. Canada Labour Relations Board 
21. Department of Indian Affa irs and Northern Development 
22. Department of Industry 23. National Research Council of Canada 24. Natural Sciences and Engineer ing Research Council of Canada 
25. Social Sciences and Humanities Research Council 
26. Department of Justice 27. Canadian Human Rights Commission 28. Statute Revision Commission  
29. Supreme Court of Canada 
30. Canada Customs and Revenue Agency 
31. Department of Natural Resources 32. Canadian Nuclear Safety Commission 33. National Energy Board (on its own account) 34. Department of Public Works and Government Services (on its own account) 
35. Public Service Commission 
36. Department of the Solicitor General 37. Correctional Service of Canada 38. National Parole Board 39. Department of Transport  
(For purposes of Article XXIII, the national se curity considerations applicable to the 
Department of National Defence are equally appli cable to the functions of the Canadian Coast 
Guard retained by the Department of Transport pursuant to Order under the Public Service 
Rearrangement and Transfer of Duties Act  published in the Canada Gazette, Part II, as 
SI/95-46, namely the Harbours and Ports Directorate, the regional Harbours and Ports Branches, the Marine Regulatory Directorate, th e Ship Inspection Directorate and the regional 
Ship Inspection Branches of the Canadian Coast Guard.) 
40. Treasury Board Secretariat 41. Department of Veterans Affairs 42. Department of Western Economic Diversification (on its own account) 
43. Atlantic Canada Opportuni ties Agency (on its own account) 
44. Office of the Auditor General 
45. Canada Economic Developmen t for the Regions of Quebec 
46. Canadian Centre for Management Development  
47. Canadian Radio-television and Teleco mmunications Commission (on its own account) 
48. Civil Aviation Tribunal 49. Commissioner for Federal Judicial Affairs 
50. Registry of the Competition Tribunal  
51. Copyright Board 52. Registry of the Federal Court of Canada 53. Office of the Grain Transportation Agency Administrator (on its own account) 54. Hazardous Materials Information Review Commission 55. Offices of the Information and Privacy Commissioners of Canada 
56. The National Archives of Canada 
57. National Farm Products Council  58. The National Library 59. Canada Transportation Agency (on its own account) 60. Northern Pipeline Agency (on its own account) 
61. Patented Medicine Prices Review Board 
62. Petroleum Monitoring Agency 63. Privy Council Office 64. Canadian Intergovernmental Conference Secretariat 65. Office of the Commissioner of Official Languages GPA/O/CAN/2 
Page 6  
 
  66. Public Service Staff Relations Board 
67. Office of the Governor General's Secretary 68. Office of the Chief Electoral Officer  
69. Federal-Provincial Relations Office 70. Statistics Canada 
71. Registry of the Tax Court of Canada 
72. Canadian Centre for Occ upational Health and Safety 
73. Canadian Transportation Accident  Investigation and Safety Board 
74. Director of Soldier Settlement 75. Director, The Veterans' Land Act 
76. Fisheries Prices Support Board 
77. National Battlefields Commission 78. Royal Canadian Mounted Police 79. Royal Canadian Mounted Police External Review Committee 80. Royal Canadian Mounted Police Public Complaints Commission 
81. Department of National Defence  GPA/O/CAN/2 
 Page 7 
 
 
   
ARTICLE XXIV:7 REVIEW OF THE WTO AGREEMENT ON  
GOVERNMENT PROCUREMENT 
 
Initial Offer of Canada  
 
20 January 2006 
  
CANADA 
 
 
ANNEX 2 
 
Sub-Central Government Entities 
 
   See "Conditions Applying to Canada's Initial Offe r" on page 1 of this Initial Offer of Canada. GPA/O/CAN/2 
Page 8  
 
   
ARTICLE XXIV:7 REVIEW OF THE WTO AGREEMENT ON  
GOVERNMENT PROCUREMENT 
 
Initial Offer of Canada
 
 
20 January 2006 
  
CANADA 
 
 
ANNEX 3 
 
 Government Enterprises 
 
  1. Thresholds
:  Goods and Services:     355,000 SDRs 
    Construction Services:  5,000,000 SDRs  
 
2. Subordinate Enterprises
:  All enterprises listed in this  Annex have a separate legal 
personality.  Any enterprise with a separate legal pers onality that is not listed in this Annex is not 
covered.  
3. Federal Enterprises
: 
 1. Canada Post Corporation 
2. National Capital Commission 
3. Royal Canadian Mint (not including procuremen t by or on behalf of the Royal Canadian Mint 
of direct inputs for use in minting anything ot her than Canadian legal tender.  For greater 
certainty, Article XIV:4 applies to procurements  by the Royal Canadian Mint, respecting the 
protection of the commercial confiden tiality of information provided.) 
4. Via Rail Canada Inc. (For greater certainty, Article XIV:4  applies to procurements by 
Via Rail Canada Inc., respecting the protec tion of the commercial confidentiality of 
information provided.) 
5. Canadian Museum of Civilization 
6. Canadian Museum of Nature 7. Canadian Tourism Commission 8. National Gallery of Canada 9. National Museum of Science and Technology 10. Defence Construction (1951) Ltd.  GPA/O/CAN/2 
 Page 9 
 
 
   
ARTICLE XXIV:7 REVIEW OF THE WTO AGREEMENT ON  
GOVERNMENT PROCUREMENT 
 
Initial Offer of Canada  
 
20 January 2006 
  
CANADA 
 
 
ANNEX 4 
 
Goods 
 
 
Section A - General Provisions 
 
1. All goods are covered s ubject to paragraph 2. 
 
2. With respect to Canada, for procurement by the Department of National Defence, the Royal 
Canadian Mounted Police, and the Canadian Coast  Guard, only the goods listed in Section B are 
included in the coverage of this Chapter, subject to the application of the following Article XXIII:1: 
 
Section B - List of Certain Goods 
 
(Numbers refer to the Federal Supply Classification which can be found at:  
www.scrantonrtg.com/secrc/fsc-codes/fsc.html
) 
 
22. Railway equipment 
23. 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) 
24. Tractors 
25. Vehicular equipment components 
26. Tires and tubes 
29. Engine accessories 
30. Mechanical power transmission equipment 
32. Woodworking machinery and equipment 
34. Metal working machinery 
35. Service and trade equipment 
36. Special industry machinery 
37. Agricultural machinery and equipment 
38. Construction, mining, excavating and highway maintenance equipment 
39. Materials handling equipment 
40. Rope, cable, chain and fittings 
41. Refrigeration and air conditioning equipment GPA/O/CAN/2 
Page 10  
 
  42. Fire fighting, rescue and safety equipment (except 4220:  Marine lifesaving and diving 
equipment;  and 4230:  Decontamin ating and impregnating equipment) 
43. Pumps and compressors 
44. Furnace, steam plant, drying equipment and nuclear reactors 
45. Plumbing, heating and sanitation equipment 
46. Water purification and sewage treatment equipment 
47. Pipe, tubing, hose and fittings 
48. Valves 
49. Maintenance and re pair shop equipment 
52. Measuring tools 
53. Hardware and abrasives 
54. Prefabricated structures and scaffolding 
55. Lumber, millwork, plywood and veneer 
56. Construction and building materials 
61. Electric wire and power and distribution equipment 
62. Lighting fixtures and lamps 
63. Alarm and signal systems 
65. Medical, dental and veteri nary equipment and supplies 
66. Instruments and laboratory equipment (except 6615:  Automatic pilot mechanisms and airborne 
Gyro components;  and 6665:  Hazard detecting instruments and apparatus) 
67. Photographic equipment 
68. Chemicals and chemical products 
69. Training aids and devices 
70. General purpose automatic data processing equipment, software, supplies and support 
equipment (except 7010:  Automatic Data Pr ocessing Equipment (ADPE) configurations) 
71. Furniture 
72. Household and commercial furnishings and appliances 
73. Food preparation and serving equipment 
74. Office machines, text processing system and visible record equipment 
75. Office supplies and devices 
76. Books, maps and other publications (e xcept 7650:  drawings and specifications) 
77. Musical instruments, phonographs and home-type radios 
78. Recreational and athletic equipment 
79. Cleaning equipment and supplies 
80. Brushes, paints, sealers and adhesives 
81. Containers, packaging and packing supplies 
85. Toiletries 
87. Agricultural supplies 
88. Live animals  GPA/O/CAN/2 
 Page 11 
 
 
  91. Fuels, lubricants, oils and waxes 
93. Non-metallic fabricated materials 
94. Non-metallic crude materials 
96. Ores, minerals and their primary products 
99. Miscellaneous 
 
 GPA/O/CAN/2 
Page 12  
 
   
ARTICLE XXIV:7 REVIEW OF THE WTO AGREEMENT ON  
GOVERNMENT PROCUREMENT 
 
Initial Offer of Canada
 
 
20 January 2006 
  
CANADA 
 
 
ANNEX 5 
 
Services 
 
  
Section A – General Provisions  
 
1. All services are covered subject  to paragraph 3 and Section B. 
 
2. Services are identified in accordance with the Common Classification System, which may be 
found at:  http://www.sice.oas.org/trade/nafta/chap-105.asp.  
 3. Annex 6 applies to contracts for construction services.  Section B – Excluded Coverage  
 The following services are excluded: 
 
A. Research and Development 
 
All classes 
 
B. Special Studies and Analysis - not R&D 
 B002 Animal and Fisheries Studies 
B003 Grazing/Range Studies B200 Geological Studies B201 Geophysical Studies B202 Geotechnical Studies B203 Scientific Data Studies 
B204 Seismological Studies 
B400 Aeronautic/Space Studies B500 Archeological/Paleontological Studies B501 Historical Studies B503 Medical and Health Studies 
B504 Educational Studies and Analyses 
B505 Elderly/Handicapped Studies B506 Economic Studies B507 Legal Studies (Except Advisory Services on Foreign Law) B509 Other Studies and Analyses  GPA/O/CAN/2 
 Page 13 
 
 
   
C. Architecture and Engineering Services 
 
C112 Airfield, Communication and Missile Facilities C216 Marine Architect and Engineering Services 
 
D. Information Processing and Re lated Telecommunications Services 
 
D304 ADP Telecommunications and Transmission Serv ices, except those classified as "enhanced or 
value-added services".  Enhanced or value- added services means those telecommunications 
services employing computer processing applications that: 
  (a) act on the format, content, code, prot ocol or similar aspects of a customer's 
transmitted information; 
 (b) provide a customer with additional, di fferent or restructured information, or 
 (c) involve customer interaction with stored information. 
  For purposes of this provision, the proc urement of "ADP Telecommunications and 
Transmission services" does not include the ow nership or furnishing of facilities for the 
transmission of voice or data services.  This provision only extends to providers of enhanced or value-added services whose underlying tel ecommunications transmission facilities are 
leased from providers of public tel ecommunications transport networks. 
 D305 ADP Teleprocessing and Timesharing Services  
F. Natural Resources and Conservation Services 
 
F004 Land Treatment Practices Services (plowing/clearing, etc). F005 Range Seeding Services (ground equipment) F006 Crop Services inc. Seed Collection/Production Services F011 Pesticides/Insecticides Support Se rvices (except forestry and logging) 
F021 Veterinary/Animal Care Services (inc. livestock services) 
F029 Other Animal Care /Control Services 
F030 Fisheries Resources Management Services F031 Fish Hatchery Services F050 Recreation Site Maintenan ce Services (non-construction) 
F059 Other Natural Resource and Conservation Services 
 
G. Health and Social Services  
 
All classes 
 
H. Quality Control, Testing and Inspectio n and Technical Representative Services 
 
Services for the departments and functions listed in  Annex 7 – General Notes, Note 1(h) to this 
schedule respecting FSC 36 – (Special Industry Machinery), FSC 70 – (Automatic Data Processing Equipment, software supplies and support equipmen t) and FSC 74 (Office machines, text processing 
systems and visible record equipment) 
 
FSC 58 (Communications, Detection, a nd Coherent Radiation Equipment) 
 Services with reference to transportation equipment  GPA/O/CAN/2 
Page 14  
 
  J. Maintenance, Repair, Modification, Rebuilding and Installation of Equipment  
 
Services for the departments and functions listed in  Annex 7 – General Notes, Note 1(h) to this 
schedule respecting FSC 36 – (Special Industry Machinery), FSC 70 – (Automatic Data Processing Equipment, software supplies and support equipmen t) and FSC 74 (Office machines, text processing 
systems and visible record equipment) 
 FSC 58(Communications, Detection, a nd Coherent Radiation Equipment) 
 Services with reference to transportation equipment 
 
J019 Maintenance, Repair, Modification, Rebuildin g and Installation of Equipment related to Ships 
 J998 Non-nuclear Ship Repair 
 
K. Custodial Operations and Related Service 
 
K0 Personal Care Services 
K101 Fire Protection Services K103 Fueling and Other Petroleum Services Excluding Storage K105 Guard Services 
K107 Landscaping/Groundskeeping Services 
K108 Laundry and Dry Cleaning Services K109 Surveillance Services K110 Solid Fuel Handling Services K112 Interior Plantscaping 
K113 Snow Removal/Salt Service (also spreadi ng aggregate or other snow meltings material) 
K115 Preparation and Disposal of Excess and Surplus Property K116 Other Salvage Services  
L. Financial and Related Services  
 
All classes 
 
M. Operation of Government Owned Facilities 
 
All classes 
 R. Professional, Administrative and Management Support Services  
R003 Legal Services (Except A dvisory Services on Foreign Law) 
R004 Certifications and accreditations for produc ts and institutions other than Educational 
Institutions 
R007 Systems Engineering Services (with reference to transportation systems only) 
R012 Patent and Trade Mark Services R016 Personal Services Contracts R100 Intelligence Services R101 Expert Witness 
R102 Weather Reporting/Observation Services 
R104 Transcription Services R105 Mailing and Distribution Services (Excluding Post Office Services) R106 Post Office Services R107 Library Services  GPA/O/CAN/2 
 Page 15 
 
 
  R108 Word Processing/Typing Services 
R109 Translation and Interpre ting Services (inc. sign language) 
R110 Stenographic Services R114 Logistics Support Services (with resp ect to transportation and defence only) 
R116 Court Reporting Services 
R117 Paper Shredding Services 
R200 Military Personnel Recruitment R201 Civilian Personnel Recruitment (inc. Services of Employment Agencies)  
S. Utilities 
 
All classes 
 
T. Communications, Photographic, Mappi ng, Printing and Publications Services 
 
All classes 
 
U. Education and Training Services 
 
All classes 
 V. Transportation, Travel and Relocation Services 
 
All classes (except V502 Hotel and similar accommodation services only and V503 Travel 
Agent Services (not including Tour Guides)) 
 W. Lease or Rental of Equipment  
Services for the departments and functions listed in  Annex 7 – General Notes, Note 1(h) to this 
schedule respecting FSC 36 – (Special Industry Machinery), FSC 70 – (Automatic Data Processing Equipment, software supplies and support equipmen t) and FSC 74 (Office machines, text processing 
systems and visible record equipment) 
 
FSC 58 (Communications, Detection, a nd Coherent Radiation Equipment) 
 Services with reference to transportation equipment  
 
Notes  
1. All services, with reference to those goods pur chased by the Department of National Defence, 
the Royal Canadian Mounted Police and the Canadian  Coast Guard which are not identified as subject 
to coverage in Annex 4, will be exempt from the disciplines of the Agreement. 
 2. All services purchased in support of military forces located overseas will be exempt from 
coverage by this Agreement. 
 
3. This offer is subject to the terms and conditio ns set out in the Government of Canada's offer 
on trade in services in the General Ag reement on Trade in Services (GATS). GPA/O/CAN/2 
Page 16  
 
   
ARTICLE XXIV:7 REVIEW OF THE WTO AGREEMENT ON  
GOVERNMENT PROCUREMENT 
 
Initial Offer of Canada
 
 
20 January 2006 
  
CANADA 
 
 
ANNEX 6 
 
Construction Services 
 
  
Section A - General Provisions  
 
1. All construction services in CPC Division 51 ar e covered except those listed in Section B. 
 2. Definition
:  A construction services contract is a contract which has as its objective the 
realization by whatever means of civil or building works, in the sense of Di vision 51 of the central 
Product Classification. 
 
Section B – Excluded Coverage 
 
 The following services contracts are excluded: 
 
1. Dredging 
2. Construction contracts tendered by or on behalf of the Department of Transport 
3. For CPC 5115 mining of oil and g as which is classified under CCS F042  GPA/O/CAN/2 
 Page 17 
 
 
   
ARTICLE XXIV:7 REVIEW OF THE WTO AGREEMENT ON  
GOVERNMENT PROCUREMENT  
 
Initial Offer of Canada  
 
20 January 2006 
  
CANADA 
 
 
ANNEX 7 
 
General Notes 
 
   Unless otherwise specified herein, the followi ng General Notes appl y without exception to 
this Agreement, including to Annexes 1 through 6.  
1. This Agreement does not apply to procurements in respect of: 
 
(a) shipbuilding and repair; 
 
(b) urban rail and urban transportation equi pment, systems, components and materials 
incorporated therein as well as all project related materials of iron or steel; 
 
(c) contracts respecting FSC 58 (communica tions, detection and coherent radiation 
equipment); 
 
(d) set-asides for small and minority businesses; 
 
(e) agricultural products made in furthera nce of agricultural support programmes or 
human feeding programmes; 
(f) national security exceptions include oil pur chases related to any strategic reserve 
requirements; 
 
(g) national security exceptions include procur ements made in support of safeguarding 
nuclear materials or technology;  and 
 
(h) (i) the Department of Transport; 
   (ii) the Department of Fisheries and Oceans;  
(iii) the Canadian Food Inspection Agency  in respect of the administration and 
 enforcement of the Fish Inspection Act; 
   (iv) the Department of Canadian Heritage  in respect of those functions that were 
 formerly the responsibility of the Department of Communications; 
 GPA/O/CAN/2 
Page 18  
 
    (v) the Department of Industry in respect of telecommunications, except in 
 relation to:  (a) the planning and c oordination of telecommunication services 
 for departments, boards and agencies of the Government of Canada;  and 
 (b) broadcasting, other than in re lation to spectrum management and the 
 technical aspects of broadcasting;  and 
 
  (vi) the Department of Public Works and Government Services in respect of the 
 Government Telecommunications Agency; 
 
respecting Federal Supply Classification (FSC) 70 (automatic data processing equipment, 
software supplies and support equipment), FSC 74 (office machines, text processing systems 
and visible record equipment) and FSC 36 (special industry machinery). 
 
2. Procurement in terms of Cana dian coverage is defined as cont ractual transactions to acquire 
property or services for the direct benefit or use of the government.  The procurement process is the 
process that begins after an entity has decided on its requirement and continues through to and 
including contract award.  It does not include non-contractual agreements or any form of government assistance, including but not limited to, cooperative agreements, grants, loans, equity infusions, 
guarantees, fiscal incentives, and government provisi on of goods and services, given to individuals, 
firms, private institutions, and sub-central government s.  It does not include procurements made with 
a view to commercial resale or made by one entity or enterprise from another entity or enterprise of 
Canada.  3. This Agreement does not apply to the procurement of transportation services that form a part 
of, or are incidental to, a procurement contract. 
 4. A service listed in Annex 5 is covered with respect  to a particular Party only to the extent that 
such Party has provided reciprocal access to that service.  5. Where a contract to be awarded by an entit y is not covered by this Agreement, this 
Agreement shall not be construed to cover an y good or service component of that contract. 
 6. The Agreement shall not apply to contracts under an international agreement and intended for 
the joint implementation or exploitation of a project.  
7. For the European Union, Canada's offer excludes all procurements respecting FSC 70, 74 
and 36 until such time as reciprocal access is provided.  8. For the European Union, this Agreement sha ll not apply to contracts awarded by entities in 
Annexes 1 and 2 in connection with activities in th e field of drinking water, energy, transport or 
telecommunications. 
 
__________