RESTRICTED  
  
S/C/W/442  
 
9 June 2023  
(23-3970) 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 Hong Kong, China ,  
the Republic of Korea  and Switzerland  (S/C/W/ 431) 
The following communication dated 9 June 2023, from the delegation of Canada is being circulated 
to the Members of the Council for Trade in Serv ices. 
 
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1  QUESTION  48 FROM THE REPUBLIC OF KOREA (S/C/W/431 , PAGE 7)  
Q48. Regarding the MFN exemption measure under services incidental ag riculture, "Temporary entry 
of agricultural workers from countries with which Canada has signed a memorandum of 
understanding is subject to an accelerated process for labour certification.", please confirm if the 
exemption measure pertains to measures affe cting natural persons seeking access to the 
employment market, which are carved out by paragraph 2 of Annex on Movement of Natural Persons 
Supplying Services under the Agreement, irrespective of the period of stay.  
 
Answer from Canada : 
Canada grants temporary access to its employment market for those covered under the S easonal 
Agricultural Work Program  MoU to offset seasonal shortages of experienced farm workers. Given the 
nature of the entry and relationship between the workers and employers, Canada does not envision 
changes in the underlying conditions for the moment.   
 
2  QUESTION 88 FROM HONG KONG, CHINA (S/C/W/431 , PAGE 11)  
Q88. Please provide a lis t of those reciprocal arrangements and if they contain measures which go 
beyond licensing and qualifications requirements.  In the third review in 2010/2011, Canada said 
that it would endeavour to provide a response on the above question upon the completio n of the 
consultations with the regulator .  
 
Answer from Canada :  
Canada has not update to provide on the list of MFN exceptions from the third MFN review in 
2010/2011.   
 
3  QUESTION 89 FROM THE REPUBLIC OF KOREA  (S/C/W/431 , PAGE 11) 
 
Q89. Regarding the reciprocity -based MFN exemption measure under insurance intermediation 
agency services, "Preferential access to the  Ontario insurance services market is provided to non -
resident individual US insurance agents.", we wonder whether this exemption is based on any 
international agreements.  
 S/C/W/442  
 
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  Answer from Canada:    
 
Canada’s internal consultations are still underway. Further information to be provided once available.  
 
4  QUESTION 90 FROM THE REPUBLIC OF KOREA AND QUESTION 91 FROM SWITZERLAND  
(S/C/W/431 , page 11) 
 
Q.90 Regarding the MFN exemption measure under financial services, including lending of all types 
and trading for own account of certa in securities by loan and investment companies, "Preferential 
treatment in Quebec for allocation of licences is provided by the Province of Quebec to loan and 
investment companies incorporated under the laws of the Parliament of the United Kingdom and 
Ireland for purposes of obtaining a licence to carry on business.", we wonder whether the conditions 
which created the need for this exemption still prevail and if so, please specify them . 
 
Q91. For Québec an exemption is inscribed for certain companies incorp orated in Great Britain and 
Northern Ireland, as well as in Ireland. Could you indicate what are the specific legal bases for this 
exemption?   Which companies are covered according to your legislation? Are these rights 
"grandfathered" for companies with lo ng-standing access or is the right "rolling" and available to 
companies newly incorporated in the United Kingdom or Ireland?   
 
Answer from Canada : 
The Province of Quebec’s Loan and Investment Companies Act referred as an exemption from the 
MFN clause of the GATS was repealed in the 2000s.  Canada doesn’t intend to modify its list of MFN -
Exemption at this time.  
 
 
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