TREATIES AND OTHER INTERNATIONAL ACTS SERIES 10-216 

________________________________________________________________________ 

TRADE 

Government Procurement 

 Agreement Between the 

UNITED STATES OF AMERICA 

and CANADA 

Signed at Mississauga and Washington 

February 11 and 12, 2010 

with 

Appendices 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
CANADA 

Trade: Government Procurement 

 Agreement signed at Mississauga and Washington 

 February 11 and 12, 2010; 

 Entered into force February 16, 2010. 

 With appendices. 

 
AGREEMENT

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF CANADA

ON GOVERNMENT PROCUREMENT

1
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE

GOVERNMENT OF CANADA (hereinafter referred to as "the Parties") have agreed as

follows:

PART A

Mutual Exchange Concerning Annex 2 Entities under the

WTO Agreement on Government Procurement

ARTICLE 1

Notifications to the WTO Committee on Government Procurement

A Party shall provide to the other Party, as of February 16, 2010, access for procurement

by the sub-central entities listed in its Annex 2 of Appendix I of the WTO Agreement on

Government Procurement (hereinafter "1994 GPA"). To give effect to such reciprocal access,

each Party shall submit, by February 16, 2010, a notification to the WTO Committee on

Government Procurement as provided for under Article XXIV:6(a) of the 1994 GPA, as set out

in Appendix A for Canada and in Appendix B for the United States of America (United States).

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ARTICLE 2

Provincial and Territorial Compliance with 2007 Revised GPA

I . The Canadian entities listed in Canada's Annex 2 of Appendix I of the 1994 GPA shall

be subject to the Revised Text of the Agreement on Government Procurement (Articles I-XXI) as

at 13 November 2007 (WTO Document negs 268 (19 November 2007) (hereinafter "2007

Revised GPA"), until such time as a revised GPA enters into force for the Parties.

2. For greater certainty, the United States agrees that the entities listed in Canada's Annex 2

of Appendix I of the 1994 GPA shall not be subject to Articles I-XXIV of the 1994 GPA with

respect to the United States.

3. With respect to procurement by the entities listed in Canada's Annex 2 of Appendix I of

the 1994 GPA, the United States shall not resort to Article 10 of this Agreement or to dispute

settlement in the World Trade Organization for a period of 12 months following the date of entry

into force of this Agreement in relation to an alleged failure by Canada to comply with the 2007

Revised GPA, as provided for in paragraph 1, with respect to the following obligations of the

2007 Revised GPA:

(a) Article II:6(b) (with respect to the consideration of options in estimating the total

value of the procurement) and 7 and 8 (with respect to the valuation of the

estimated total value of the procurement);

(b) Article VII:2 and Article IX:4 (Content of Notices of Intended Procurement) with

respect to the content of the notices, provided that the notices contain sufficient

information to enable a supplier to determine its interest in a procurement and its

ability to submit a responsive tender;

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(c) Article IX:5, 7(b), 10 and 11 (Selective Tendering) with respect to any limitation

on the number of suppliers, continuous publication of a multi-use list, right of

suppliers to apply at any time for inclusion on a multi-use list, and ability of nonlisted suppliers to request participation in a procurement based on a multi-use list

within specified time periods;

(d) Article XI:2 through 7 (Deadlines), provided that the procuring entity provides

sufficient time for suppliers to prepare and submit requests for participation and

responsive tenders, but in no event less than ten days from the date of publication

of the notice of intended procurement and the date for submission of tenders or

requests for participation;

(e) Article XIII:2 (Report on Use of Limited Tendering), provided that the procuring

entity maintains a record of each contract award using limited tendering;

(f) Article XV:2 (Treatment of Delayed Tenders), with respect to the Province of

New Brunswick;

(g) Article XVI:1 (Information on Awards to Participating Suppliers) with respect to

providing in writing information on the characteristics and relative advantages of

the successful tender and Article XVI:2 (Publication of Award Information); and

(h) Article XVIII:7(a) (Interim Measures) with respect to all provinces and territories

and Article XVIII:7(b) (Remedies) with respect to the Yukon.

ARTICLE 3

Canada's Revised GPA Offer

Canada shall submit, by February 16, 2010, to the WTO Committee on Government

Procurement in the ongoing negotiations under Article XXIV:7(b) of the 1994 GPA, a Revised

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Offer in which Canada shall offer the same coverage as set out in Appendix A of this Agreement.

ARTICLE 4

Revision of United States Revised GPA Offer

The United States shall submit, by February 16, 2010, to the WTO Committee on

Government Procurement in the ongoing negotiations under Article XXIV:7(b) of the 1994

GPA, a revision of its Revised Offer of the United States (WTO Document GPA/O/USA/2/Rev.1

(3 Oct. 2006)), in which the United States shall modify Note 5 of the General Notes in Annex 7

of the U.S. Revised Offer by deleting the reference to Canada with respect to Annex 2.

ARTICLE 5

United States Administrative Steps

The United States shall, by February 16, 2010, take the necessary administrative steps to

provide that section 1605(a) of the American Reinvestment and Recovery Act of 2009 shall not be

applied to Canadian iron, steel, or manufactured goods in procurement covered by Annex 2 of

the 1994 GPA.

PART B

Temporary Agreement on Enhanced Coverage

ARTICLE 6

Canada's Sub-Central Coverage

1. Canada shall provide access to sub-central procurement of construction services to the

United States in accordance with Appendix C of this Agreement. For greater certainty, this

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includes all United States iron, steel and manufactured goods used in a construction project,

unless otherwise noted.

2. This Article shall remain in force through September 30, 2011.

ARTICLE 7

United States of America Coverage

The United States shall modify its Annex 3 of Appendix I of the 1994 GPA by listing

seven programs under List C and providing that, with respect to those programs, the domestic

purchasing requirement of section 1605(a) of the American Reinvestment and Recovery Act of

2009 will not be applied as a condition of financing those programs with respect to Canadian

iron, steel, and manufactured goods in procurement above the Annex 3 threshold for construction

services through September 30, 2011. The United States shall include such modifications in its

notification to the WTO Committee on Government Procurement, as set out in Appendix B to

this Agreement.

ARTICLE 8

Extension

The Parties may extend the time period for the application of Articles 6 and 7 of this

Agreement by mutual written consent.

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PART C

Final Provisions

ARTICLE 9

Future Discussions

1. The Parties shall, within 12 months of the entry into force of this Agreement, enter into

discussions to explore an agreement that would expand, on a reciprocal basis, commitments with

respect to market access for government procurement.

2. Recognizing the important trade relationship between the Parties and the value of

reciprocal market access in government procurement, where a Party requests expedited

consultations on any matter related to government procurement, the other Party shall promptly

engage in such consultations, which shall commence no later than 10 days after the request has

been made.

ARTICLE 10

Consultations

1. The Parties shall at all times endeavour to agree on the interpretation and application of

this Agreement, and shall make every attempt to arrive at a mutually satisfactory resolution of

any matter that might affect its operation.

2. Either Party may request consultations with the other Party with respect to any matter

affecting the operation or interpretation of this Agreement. If a Party requests consultations with

regard to a matter, the other Party shall afford adequate opportunity for consultations and shall

reply promptly to the request for consultations and enter into consultations in good faith.

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3. The requesting Party may request that the other Party make available personnel of its

government agencies or other regulatory bodies who have expertise in the matter subject to

consultations.

4. The Parties shall make every attempt to arrive at a mutually agreeable resolution through

consultations whenever a dispute arises concerning the interpretation of this Agreement or a

Party considers that the other Party has failed to carry out its obligations under this Agreement.

ARTICLE 11

Appendices

Appendix A: Notification by Canada to the WTO Committee on Government Procurement

Under Article XXIV:6(a) of the Agreement on Government Procurement, Appendix B: U.S.

Notification to the WTO Committee on Government Procurement under Article XXIV:6(a) of

the Agreement on Government Procurement, and Appendix C: Canada's Temporary Offer are an

integral part of this Agreement.

ARTICLE 12

Entry into Force

This Agreement shall enter into force on February 16, 2010.

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ARTICLE 13

Amendment

The Parties may amend this Agreement upon their mutual written consent.

ARTICLE 14

Termination

Either Party may terminate this Agreement by written notification to the other Party, and

such termination shall take effect 30 days after the date of notification.

9
10 Note: At the present time, the Treaty Office does not have the French text of this Agreement. If the French text becomes available, it will be added to this publication.
APPENDIX A

Notification by Canada to the WTO Committee on Government Procurement Under

Article XXIV:6(a) of the Agreement on Government Procurement

Modification to Appendix I of Canada

Pursuant to Article XXIV:6(a) of the Agreement on Government Procurement (the

-GPA"), Canada hereby notifies the Committee of modifications to Annex 2, Annex 4, Annex 5,

and the General Notes to Appendix I. These modifications implement the Agreement between the

Government of Canada and the Government of the United States of America on Government

Procurement (the "Canada-U.S. Agreement"), which enters into force on 16 February 2010 and

provides for reciprocal market access commitments at the sub-central level. These modifications

will not affect the mutually agreed coverage provided to the other Parties under the GPA.

As set out in detail in the attachments to this Notification, and in accordance with the

Canada-U.S. Agreement, Canada is modifying its Annex 2 to provide provincial and territorial

coverage and is making consequential changes to its Annex 4, Annex 5 and General Notes of

Appendix I. These changes in Canada's sub-central market access commitments will apply to the

United States and are subject to negotiation of mutually acceptable commitments (including

thresholds) with other Parties.

As indicated in the Canada-U.S Agreement, Canada and the United States have agreed

that the entities listed in Canada's Annex 2 of Appendix I shall be subject to the Revised Text of

the Agreement on Government Procurement (Articles I-XXI) as at 13 November 2007 (WTO

Document negs 268 (19 November 2007) and WTO Document 314 negs (26 May 2009)), rather

than Articles I-XXIV of the GPA, in relation to the United States.

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In accordance with the Canada-U.S. Agreement, the United States will submit a parallel

communication to the Committee notifying the modifications to its Annexes of Appendix I that

implement its obligations under the Canada-U.S. Agreement.

Attachment A to this Notification contains the modifications to Canada's Annexes 2, 4

and 5 and General Notes of Appendix I in red line/strike-out format. Attachment B contains a

clean text version of Canada's Annexes and General Notes of Appendix I after the modifications.

12
Annex 2

Sub-Central Government Entities

Thresholds: 355,000 SDRs Goods

355,000 SDRs Services

5,000,000 SDRs Construction Services

List of Entities:

*ALBERTA

All Ministries and Agencies (All Government Departments and Provincial Agencies,

Boards, Councils, Committees and Commissions) of the Province.

This Agreement does not apply to:

Legislative Assembly

Legislative Assembly Office

Office of the Auditor General

Office of the Chief Electoral Officer

Office of the Ethics Commissioner

Office of the Information and Privacy Commissioner

Office of the Ombudsman

*BRITISH COLUMBIA

All Ministries, Boards, Commissions, Agencies and Committees of the Province.

This Agreement does not apply to the Legislative Assembly.

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MANITOBA

All Departments, Boards, Commissions and Committees of the Province.

NEW BRUNSWICK

The following provincial entities are covered:

Chief Electoral Officer

Clerk of the Legislative Assembly

Communications New Brunswick

Department of Agriculture and Aquaculture

Department of Business New Brunswick

Department of Education

Department of Energy

Department of Environment

Department of Finance

Department of Fisheries

Department of Health

Department of Intergovernmental Affairs

Department of Justice and Consumer Affairs

Department of Local Government

Department of Natural Resources

Department of Post-Secondary Education, Training and

Labour

Department of Public Safety

Department of Social Development

Department of Supply and Services

Department of Tourism and Parks

Department of Transportation

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Department of Wellness, Culture and Sport

Executive Council Office

Labour and Employment Board

Language Training Centre

New Brunswick Police Commission

Office of Human Resources

Office of the Attorney General

Office of the Auditor General

Office of the Comptroller

Office of the Leader of the Opposition

Office of the Lieutenant-Governor

Office of the Ombudsman

Office of the Premier

NEWFOUNDLAND AND LABRADOR

All Departments of the Province

NORTHWEST TERRITORIES

All Departments and Agencies of the Territory

This Agreement does not apply to Northwest Territories contracts subject to the

Northwest Territories Business Incentive Policy.

*NOVA SCOTIA

This Agreement applies to all Departments and Offices of the Province established under

the Public Service Act.

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This Agreement does not apply to Emergency Health Services (a division of the

Department of Health) in respect to ambulance-related procurement, including

telecommunications for Emergency Health Care purposes.

ONTARIO

All Ministries of the Province

The following Agencies are covered:

AgriCorp

Centennial Centre of Science and Technology (Ontario Science Centre)

Deposit Insurance Corporation of Ontario

Metropolitan Convention Centre Corporation

Niagara Parks Commission

Ontario Clean Water Agency

Ontario Financial Services Commission

Ontario Immigrant Investor Corporation

Ontario Mortgage and Housing Corporation

Ontario Mortgage Corporation

Ontario Northland Transportation Commission

Ontario Tourism Marketing Partnership Corporation

Ottawa Congress Centre

Science North

This Agreement does not apply to the procurement of:

(a) urban rail and urban transportation equipment, systems, components and materials

incorporated therein, as well as all project-related materials of iron or steel; and

(b) highway construction.

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*PRINCE EDWARD ISLAND

All Departments and Agencies of the Province

This Agreement does not apply to construction materials that are used for highway

construction and maintenance.

* QUEBEC

All Ministéres of the Province

The following public bodies are covered:

Agence devaluation des technologies et des modes d'intervention en sante

Bureau d'audiences publiques sur l'environnement

Comite de deontologie policiêre

Commissaire a la deontologie policiêre

Commissaire a la sante et au bien-étre

Commission consultative de l'enseignement prive

Commission d'accês a l'information

Commission d'evaluation de l'enseignement collegial

Commission de requite salariale

Commission de la fonction publique

Commission de protection du territoire agricole du Quebec

Commission de toponymie

Commission des biens culturels du Quebec

Commission des droits de la personne et des droits de la jeunesse

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Commission des partenaires du marche du travail

Commission des transports du Quebec

Commission municipale du Quebec

Commission quebecoise des liberations conditionnelles

Conseil consultatif du travail et de la main-d'oeuvre

Conseil de la famille et de l'enfance

Conseil de la justice administrative

Conseil de la Science et de la Technologie

Conseil des aines

Conseil des relations interculturelles

Conseil des services essentiels

Conseil du medicament

Conseil du statut de la femme

Conseil permanent de la jeunesse

Conseil superieur de l'education

Conseil superieur de la langue francaise

Coroner

Curateur public du Quebec

Directeur des poursuites criminelles et penales

Office de la protection du consommateur

Office des personnes handicapees du Quebec

Office quebecois de la langue francaise

Regie des alcools, des courses et des jeux

Regie des marches agricoles et alimentaires du Quebec

Regie du logement

Silrete du Quebec

This Agreement does not apply to procurement:

(a) of cultural or artistic goods and services or to any measure adopted or maintained

with respect to culture or cultural industries;

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(b) of seedling production;

(c) for work to be performed on property by a contractor according to provisions of a

warranty or guarantee held in respect of the property or the original work;

(d) of construction-grade steel (including requirements on subcontracts); and

(e) from a non-profit organization.

*SASKATCHEWAN

All Departments of the Province

The following Boards and Agencies are covered:

Public Employee Benefits Agency

Saskatchewan Archives Board

Saskatchewan Arts Board

This Agreement does not apply to Legislative Branch Entities.

* YUKON

All Departments and Agencies of the Territory

Notes to Annex 2

1. This Agreement does not apply to preferences or restrictions on highway projects.

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2. This Agreement does not apply to preferences or restrictions associated with programs

promoting the development of distressed areas.

3. This Agreement does not apply to procurement that is intended to contribute to economic

development within the provinces or territories of Manitoba, Newfoundland and Labrador, New

Brunswick, Prince Edward Island, Nova Scotia, Yukon or Northwest Territories.

4. This Agreement does not apply to any measure adopted or maintained with respect to

Aboriginal peoples. It does not affect existing aboriginal or treaty rights of any of the Aboriginal

peoples of Canada under section 35 of the Constitution Act, 1982.

5. For those provinces and territories marked by an asterisk, this Agreement does not apply

to procurement:

(a) of goods purchased for representational or promotional purposes; or

(b) services or construction purchased for representational or promotional purposes

outside the province or territory.

6. Except for Ontario and Quebec, this Agreement does not apply to the procurement of

goods, services or construction purchased for the benefit of, or which is to be transferred to the

authority of, school boards or their functional equivalents, publicly-funded academic institutions,

social services entities or hospitals.

7. Nothing in this Agreement shall be construed to prevent any provincial or territorial

entity from applying restrictions that promote the general environmental quality in that province

or territory, as long as such restrictions are not disguised barriers to international trade.

8. This Agreement does not apply to any procurement made by a covered entity on behalf of

a non-covered entity.

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9. This Agreement does not apply to Crown Corporations of the provinces and territories.

10. The positive list of goods listed in Annex 1 for the Department of National Defence,

Coast Guard and the Royal Canadian Mounted Police also applies to procurement by provincial

police forces at the goods threshold applicable to this Annex.

11. The entities covered by this annex shall be subject to the Revised Text of the Agreement

on Government Procurement (Articles I-XXI) as at 13 November 2007 (WTO Document negs

268, 19 November 2007), rather than Articles I-XXIV of this Agreement in relation to the United

States until a revised Agreement on Government Procurement enters into force.

12. The General Notes apply to this Annex.

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Annex 4

Services

Canada offers to include in this "Services" Annex Federal entities listed under Annex 1,

sub-central entities listed in Annex 2, and Federal enterprises listed under Annex 3. The

inclusion of "Services" for sub-central enterprises under Annex 3 are to be specified initially on

or before 15 April 1994 with the final list to be provided within eighteen months after the

conclusion of the new Government Procurement Agreement. With respect to the terms of this

Agreement, those services to be included are as identified within the document

MTN.GNS/W/120. Domestically, Canada will be utilizing the "Common Classification System"

for purposes of implementing this Agreement. This list of services may be revised following

further technical work among the Parties and adjustments, as appropriate, to establish equitable

coverage.

Canada offers to cover the following services for federal entities listed in Annex 1 and

federal enterprises listed in Annex 3, with respect to the CPC services classification system:

861 Legal Services (advisory services on foreign and international law only)

862 Accounting, auditing and book-keeping services

863 Taxation Services (excluding legal services)

8671 Architectural services

8672 Engineering services

8673 Integrated engineering services (excluding 86731 Integrated engineering services

for transportation infrastructure turnkey projects)

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86503 Marketing management consulting services

Canada offers to cover the following services for federal entities listed in Annex 1, for

sub-central government entities listed in Annex 2, and federal enterprises listed in Annex 3, with

respect to the CPC services classification system:

8674 Urban planning and landscape architectural services

841 Consultancy services related to the installation of computer hardware

842 Software implementation services, including systems and software consulting

services, systems analysis, design, programming and maintenance services

843 Data processing services, including processing, tabulation and facilities

management services

844 Data base services

845 Maintenance and repair services of office machinery and equipment including

computers

849 Other computer services

821 Real estate services involving own or leased property

822 Real estate services on a fee or contract basis

83106

to 83109 only Leasing or rental services concerning machinery and equipment without operator

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83203

to 83209 only Leasing or rental services concerning personal and household goods

86501

86504

86505

8660

General management consuking services

Human resources management consulting services

Production management consulting services

Services related to management consulting (except 86602 Arbitration and

conciliation services)

8676 Technical testing and analysis services including quality control and inspection

(except with reference to FSC 58 and transportation equipment)

8814 Services incidental to forestry and logging, including forest management

883 Services incidental to mining, including drilling and field services

633 Repair services of personal and household goods

8861

to 8864,

and 8866

874

876

7512

Repair services incidental to metal products, machinery and equipment

Building-cleaning services

Packaging services

Commercial courier services (including multi-modal)

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7523 Electronic mail

7523 Voice mail

7523 On-line information and data base retrieval

7523 Electronic data interchange (EDI)

7523 Enhanced/value-added facsimile services, including store and forward, store and

843

940

641

642/3

7471

retrieve

Code and protocol conversion

On-line information and/or data processing (including transaction processing)

Sewage and refuse disposal, sanitation and similar services

Hotel and similar accommodation services

Food and beverage serving services

Travel agency and tour operator services

Notes to Annex 4

The General Notes apply to this Annex.

2. This offer is subject to the terms and conditions set out in the Canadian offer on trade in

services.

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3. Canada's offer in telecommunications is limited to enhanced or value added services for

the supply of which the underlying telecommunications facilities are leased from providers of

public telecommunications transport networks.

4. The Canadian offer does not include the following:

• management and operation contracts of certain government or privately-owned

facilities used for government purposes, including federally-funded research and

development;

• coin minting;

• public utilities;

architectural and engineering related to airfield, communications and missile

facilities;

shipbuilding and repair and related architectural and engineering services;

• all services, with reference to those goods purchased by the Department of

National Defence, the Royal Canadian Mounted Police, the Canadian Coast

Guard and provincial police forces which are not identified as subject to coverage

by this agreement;

• services procured in support of military forces located overseas;

• printing and publishing services; and,

procurement of transportation services that form a part of, or are incidental to, a

procurement contract.

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Annex 5

Construction Services

Canada offers to include in this "Construction Services" Annex, Federal entities listed

under Annex 1, sub-central entities listed under Annex 2 and Federal enterprises listed under

Annex 3. The inclusion of "Construction Services" for sub-central enterprises under Annex 3 are

to be specified initially on or before 15 April 1994 with the final list to be provided within

eighteen months after the conclusion of the new government procurement agreement.

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 Division 51 of the Central Product

Classification (CPC).

List of Division 51, CPC:

All services contained in Division 51 CPC.

Notes to Annex 5

1. Notwithstanding anything in this Agreement, this Agreement does not apply to

procurements in respect of:

(a) Dredging; and

(b) Construction contracts tendered on behalf of the federal Department of Transport.

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2. The General Notes apply to this Annex.

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GENERAL NOTES

1. Notwithstanding anything in these Annexes, the Agreement does not apply to

procurements in respect of:

(a) shipbuilding and repair;

(b) urban rail and urban transportation equipment, systems, components and materials

incorporated therein as well as all project related materials of iron or steel;

(c) contracts respecting FSC 58 (communications, detection and coherent radiation

equipment);

(d) set-asides for small and minority businesses;

(e) agricultural products made in furtherance of agricultural support programs or

human feeding programs;

(f) national security exemptions include oil purchases related to any strategic reserve

requirements; and,

(g) national security exceptions including procurements made in support of

safeguarding nuclear materials or technology.

2. Procurement in terms of Canadian coverage is defined as contractual 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 provision of goods and

29
services, given to individuals, firms, private institutions, and sub-central governments. 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. Any exclusion that is related either specifically or generally to Federal or sub-central

entities or enterprises in Annex 1, Annex 2 or Annex 3 will also apply to any successor entity or

entities, enterprise or enterprises, in such a manner as to maintain the value of this offer.

4. Until such time as there is a mutually agreed list of services to be covered by all Parties, a

service listed in Annex 4 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 entity is not covered by this Agreement, this

Agreement shall not be construed to cover any good or service component of that contract.

6. With the exception of the United States of America, the offer by Canada with respect to

goods and services (including construction) in Annex 2 is subject to negotiation of mutually

acceptable commitments (including thresholds) with other Parties.

7. The offer by Canada, with respect to goods and services (including construction) in

Annex 3, is subject to negotiation of mutually acceptable commitments (including thresholds)

with other Parties, with initial commitments to be specified on or before 15 April 1994 and

specific commitments to be confirmed within eighteen months after the conclusion of the new

Government Procurement Agreement.

8. The Agreement shall not apply to contracts under an international agreement and

intended for the joint implementation or exploitation of a project.

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9. For the European Union, Canada's offer excludes procurements of FSC 70, 74 and 36

until such time as reciprocal access is provided.

10. For the European Union, this Agreement shall not apply to contracts awarded by entities

in Annexes 1 and 2 in connection with activities in the field of drinking water, energy, transport

or telecommunications.

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APPENDIX B

U.S. Notification to the WTO Committee on Government Procurement under Article

XXIV:6(a) of the Agreement on Government Procurement

MODIFICATION TO APPENDIX I

OF THE UNITED STATES 

Pursuant to Article XXIV:6(a) of the Agreement on Government Procurement (the

"GPA"), the United States notifies the Committee of modifications to its General Notes and

Annex 3 of Appendix I. These modifications implement an Agreement between the Government

of Canada and the Government of the United States of America on Government Procurement

(hereinafter "Canada-U.S. Agreement"), which enters into force on February 16, 2010. It

provides for reciprocal market access opportunities at the sub-central level. These modifications

will not affect the mutually agreed coverage provided to the other Parties under the GPA. The

modifications are:

1. Modification to Note 5 of General Notes in Appendix I: Based on the CanadaU.S. Agreement, the condition set out in Note 5 of the U.S. General Notes with respect to Annex

2 of Appendix I of the GPA has been met. Therefore, the United States is amending Note 5 to

remove the non-application of its coverage in Annex 2 to Canada.

2. Modifications to Annex 3 of Appendix I: Based on the Canada-U.S. Agreement,

the United States is modifying Annex 3 by adding seven programs under List C and providing

that with respect to those programs, the domestic purchasing requirement of section 1605(a) of the

American Recovery and Reinvestment Act of 2009 (ARRA) will not be applied as a condition of

ARRA financing of those programs with respect to Canadian iron, steel, or manufactured goods in

procurement above the Annex 3 threshold for construction services. The United States is not

undertaking any other commitments with respect to those programs. These modifications will

apply to Canada and are subject to negotiation of mutually acceptable commitments with other

Parties.

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In accordance with the Canada-U.S. Agreement, Canada will submit to the Committee a

parallel communication notifying the modifications to Appendix I that implement its obligations

under the Canada-U.S. Agreement.

Attachment A to this document contains the modifications to U.S. General Note 5 and

Annex 3 of Appendix I in red-line/strikeout form. Attachment B contains a clean text version of

the U.S. General Notes and Annex 3 after the modifications.

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ATTACHMENT A

GENERAL NOTES

1. Notwithstanding the above, this Agreement will not apply to set asides on behalf of small

and minority businesses.

2. Except as specified otherwise in this Appendix, procurement in terms of U.S. coverage

does not include non-contractual agreements or any form of government assistance,

including cooperative agreements, grants, loans, equity infusions, guarantees, fiscal

incentives, and governmental provision of goods and services to persons or governmental

authorities not specifically covered under U.S. annexes to this agreement.

3. Procurement does not include the acquisition of fiscal agency or depository services,

liquidation and management services for regulated financial institutions, and sale and

distribution services for government debt.

4. Where a contract to be awarded by an entity is not covered by this Agreement, this

Agreement shall not be construed to cover any good or service component of that contract.

5. For goods and services (including construction) of the following countries and suppliers of

such goods and services, this Agreement does not apply to procurement by the entities

listed in Lists A and B in Annexes 2 and 3 or the waiver described in List B in Annex 3:

Canada

The United States is prepared to amend this note at such time as coverage with respect to

these a Annexes 3 can be resolved with a Party listed above.

34
6. For construction services of the Republic of Korea and suppliers of such services, this

Agreement applies only to procurement of the entities listed in Annexes 2 and 3 above a

threshold of 15 million SDRs.

7. For goods and services (including construction) of Japan and suppliers of such goods and

services, this Agreement does not apply to procurement by the National Aeronautics and

Space Administration.

8. A service listed in Annex 4 is covered with respect to a particular Party only to the extent

that such Party has included that service in its Annex 4.

9. The United States will not extend the benefits of this Agreement to Japan as regards the

award of contracts by entities listed in Annex 3 that are responsible for the generation or

distribution of electricity.

35
ANNEX 3

All Other Entities which Procure in Accordance

With the Provisions of this Agreement

Threshold: 400,000 SDRs for supplies and services (except as specified below)

5 million SDRs for construction

List of Entities:

List A: The following entities at the SDR equivalent of $250,000 for supplies and services:

Tennessee Valley Authority

Power Marketing Administrations of the Department of Energy

Bonneville Power Administration

Western Area Power Administration

Southeastern Power Administration

Southwestern Power Administration

St. Lawrence Seaway Development Corporation

List B: The following entities are 400,000 SDRs for supplies and services:

The Port Authority of New York and New Jersey with the following exceptions:

- Maintenance, repair and operating materials and supplies (e.g., hardware, tools,

lamps/lighting, plumbing);

- In exceptional cases, individual procurements may require certain regional production of

goods if authorized by the Board of Directors;

36
Procurements pursuant to multi-jurisdictiona! agreement (i.e., for contracts which have

initially been awarded by other jurisdictions).

The Port of Baltimore (subject to the conditions specified for the state of New York in Annex 2)

The New York Power Authority (subject to the conditions specified for the state of New York in

Annex 2)

Rural Utilities Service Financing:

(1) waiver of Buy American restriction on financing for all power generation projects

(restrictions on financing for telecommunication projects are excluded from the

Agreement);

(2) application of Code-equivalent procurement procedures and national treatment to funded

projects exceeding the thresholds specified above.

List C

1. U.S. Department of Agriculture, Rural Utilities Services, Water and Waste Disposal Programs

(Note 3)

2. U.S. Department of Agriculture, Rural Housing Service, Community Facilities Program

(Note 3)

3. U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy

Efficiency and Conservation Block Grants (Note 3)

4. U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, State

Energy Program (Note 3)

37
5. U. S. Department of Housing and Urban Development, Office of Community Planning

and Planning and Development, Community Development Block Grants Recovery 

(CDBG-R) (Note 3)

6. U. S. Department of Housing and Urban Development, Office of Public and Indian

Housing, Public Housing Capital Fund (Note 3)

7. U.S. Environmental Protection Agency, Clean Water and Drinking Water State Revolving

Funds, for projects funded by reallocated ARRA funds where the contracts are signed 

after February 17, 2010 (Note 3)

Notes to Annex 3

1. With respect to these entities, the Agreement shall not apply to restrictions attached to

Federal funds for airport projects.

2. The conditions specified in the General Notes apply to this Annex.

3. For the programs listed in List C, entities shall not impose, through September 30, 2011,

the domestic purchasing requirement of section 1605(a) of the American Recovery and

Reinvestment Act of 2009 (ARRA) as a condition of ARRA financing of those programs 

with respect to Canadian iron, steel, or manufactured goods in procurement above the

threshold for construction applicable to this Annex. The United States undertakes no other

commitments with respect to these programs. 

4. The United States is prepared to amend Note 3 to apply the commitments therein to any

other GPA Party's iron, steel, or manufactured goods, subject to the negotiation of

mutually acceptable commitments. 

38
APPENDIX C

Part A — Core Principles

Scope and Coverage

1. For the purposes of this Appendix, covered procurement means procurement for

government purposes:

(a) of construction services:

(i) as specified in Part B — Market Access; and

(ii) not procured with a view to commercial sale or resale, or for use in the

production or supply of goods or services for commercial sale or resale;

(b) by any contractual means, including: purchase; lease; and rental or hire purchase,

with or without an option to buy; and

(c) for which the value equals or exceeds the relevant threshold specified in Part B —

Market Access at the time of publication of a tender notice.

2. This Appendix does not apply to:

(a) procurement of construction services:

(i) purchased on behalf of an entity not covered by this Appendix; or

39
(ii) purchased by entities which operate sporting or convention facilities in

order to comply with a commercial agreement with an entity not covered

by this Appendix that contains provisions incompatible with this

Appendix;

(b) procurement made by an entity or state enterprise from another entity or state

enterprise of any level of government or a non-profit organization;

(c) procurement of construction services for representational or promotional purposes

outside of a province or territory;

(d) non-contractual agreements or any form of assistance that a Province or Territory

provides, including cooperative agreements, grants, loans, equity infusions,

guarantees and fiscal incentives;

(e) the acquisition or rental of land, existing buildings, or other immovable property

or the rights thereon; or

(f) procurement funded by international grants, loans or other assistance where the

applicable procedure or condition would be inconsistent with this Appendix.

General Exceptions

3. Subject to the requirement that such measures are not applied in a manner that would

constitute a means of arbitrary or unjustifiable discrimination where the same conditions prevail

or disguised restriction on international trade, nothing in this Appendix will be construed to

prevent Provinces and Territories from imposing or enforcing measures inter alia:

(a) necessary to protect public morals, order or safety;

(b) necessary to protect human, animal or plant life or health;

40
(c) necessary to protect intellectual property; or

(d) relating to construction services of persons with disabilities, philanthropic

institutions or prison labour.

National Treatment and Non -Discrimination

4. With respect to any measure regarding covered procurement, provinces and territories

will accord immediately and unconditionally to the goods and services of the United States that

are included in a procurement of construction services and to the suppliers of the United States

offering such goods or services that are included in a procurement of construction services,

treatment no less favourable than the treatment provinces and territories accords to domestic

goods, services and suppliers.

5. With respect to any measure regarding covered procurement, provinces and territories

will not:

(a) treat a locally established supplier less favourably than another locally established

supplier on the basis of the degree of U.S. affiliation or ownership; or

(b) discriminate against a locally established supplier on the basis that the goods or

services offered by that supplier for a particular procurement of construction

services are goods or services of the United States.

6. With regard to covered procurement, provinces and territories will not seek, take account

of, impose or enforce any offset.

41
42
(b) where there is an absence of competition for technical reasons and the

construction services can be supplied only by a particular supplier and no

alternative or substitute exists;

(c) for a contract to be awarded to the winner of a design contest;

(d) for the procurement of a prototype or a first construction service to be developed

in the course of and for a particular contract for research, experiment, study or

original development, but not for any subsequent purchases;

(e) for the purchase of goods under exceptionally advantageous circumstances such

as bankruptcy or receivership, but not for routine purchases;

(f) where an unforeseeable situation of urgency exists and the construction service

cannot be obtained in time by means of competitive procurement procedures;

(g) where goods or consulting services regarding matters of a confidential or

privileged nature are to be purchased and the disclosure of those matters through a

competitive tendering process could reasonably be expected to compromise

government confidentiality, cause economic disruption or otherwise be contrary

to the public interest;

(h) in the absence of a receipt of any bids in response to a call for tenders;

(i) for the procurement of original works of art; or

(j) for work to be performed on property by a contractor according to provisions of a

warranty or guarantee held in respect of the property or the original work.

43
10. Procuring entities will not prepare, adopt or apply any technical specification or prescribe

any conformity assessment procedure with the purpose or the effect of creating unnecessary

obstacles to international trade.

11. In prescribing the technical specifications for the construction services being procured,

procuring entities will, where appropriate:

(a) set out the technical specification in terms of performance and functional

requirements, rather than design or descriptive characteristics; and

(b) base the technical specification on international standards, where such exist;

otherwise, on national technical regulations, recognized national standards or

building codes.

12. Where design or descriptive characteristics are used in the technical specifications,

procuring entities will indicate, where appropriate, that it will consider tenders of equivalent

goods or services that demonstrably fulfil the requirements of the procurement by including

words such as "or equivalent" in the tender documentation.

13. Procuring entities will not prescribe technical specifications that require or refer to a

particular trademark or trade name, patent, copyright, design, type, specific origin, producer or

supplier, unless there is no other sufficiently precise or intelligible way of describing the

procurement requirements and provided that, in such cases, the entity includes words such as "or

equivalent" in the tender documentation.

14. Procuring entities will not seek or accept, in a manner that would have the effect of

precluding competition, advice that may be used in the preparation or adoption of any technical

specification for a specific procurement from a person that may have a commercial interest in the

procurement.

44
15. For greater certainty, this Appendix is not intended to preclude a procuring entity from

preparing, adopting, or applying technical specifications:

(a) to promote the conservation of natural resources or protect the environment; or

(b) to require a supplier to comply with generally applicable laws regarding

(i) fundamental principles and rights at work; and

(ii) acceptable conditions of work with respect to minimum wages, hours of

work, and occupational safety and health,

in the country in which the construction service is performed.

Domestic Review

16. Provinces and territories will provide a timely, effective, transparent and nondiscriminatory administrative or judicial review procedure through which a U.S. supplier may

challenge a covered procurement for failure to conduct a covered procurement in accordance

with this Appendix, in which the U.S. supplier has an interest.

17. In the event of a complaint by a U.S. supplier, arising in the context of covered

procurement in which the U.S. supplier has an interest that there has been a failure as referred to

in paragraph 16, procuring entities conducting the procurement are encouraged to seek resolution

of the complaint through consultations. Procuring entities will accord impartial and timely

consideration to any such complaint in a manner that is not prejudicial to the U.S. supplier's

participation in ongoing or future procurement or its right to seek corrective measures under the

administrative or judicial review procedure.

45
18. Each U.S. supplier will be allowed a sufficient period of time to prepare and submit a

challenge, which in no case should be less than 10 days from the time when the basis of the

challenge became known or reasonably should have become known to the U.S. supplier.

19. Each province and territory will establish or designate at least one impartial

administrative or judicial authority that is independent of its procuring entities to receive and

review a challenge by a U.S. supplier arising in the context of a covered procurement.

20. Where a body other than an authority referred to in paragraph 19 initially reviews a

challenge, the province or the territory will ensure that the U.S. supplier may appeal the initial

decision to an impartial administrative or judicial authority that is independent of the procuring

entity whose procurement is the subject of the challenge.

21. Each province and territory will ensure that a review body that is not a court shall have its

decision subject to judicial review or have procedures that provide that:

(a) the procuring entity will respond in writing to the challenge and disclose all

relevant documents to the review body;

(b) the participants will have access to all proceedings;

(c) the review body will make its decisions or recommendations in a timely fashion,

in writing, and will include an explanation of the basis for each decision or

recommendation.

22. Each province and territory will adopt or maintain procedures that provide for:

46
(a) rapid interim measures to preserve the U.S. supplier's opportunity to participate in

the procurement. Such interim measures may result in suspension of the

procurement process. The procedures may provide that overriding adverse

consequences for the interests concerned, including the public interest, may be

taken into account when deciding whether such measures should be applied. Just

cause for not acting shall be provided in writing; or

(b) where a review body has determined that there has been a failure as referred to in

paragraph 16, corrective action or compensation, where such compensation may

be limited to either the costs for the preparation of the tender or the costs relating

to the challenge, or both.

Definitions

23. For the purposes of this Appendix:

construction services means a contract which has as its objective the realization by whatever

means of civil or building works, in the sense of Division 51 of the Central Product

Classification. For greater certainty, this includes all U.S. iron, steel and manufactured goods

used in a construction project, unless otherwise noted.

offset means any condition or undertaking that encourages local development such as the use of

domestic content, the licensing of technology, investment, counter-trade and similar action or

requirement;

47
procuring entities or procuring entity means an entity not otherwise excluded from Part B —

Market Access.

technical specification means a tendering requirement that:

(I)

lays down the characteristics of goods or services to be used in

construction services to be procured, including quality, performance,

safety and dimensions, or the processes and methods for their production

or provision; or

(ii) addresses terminology, symbols, packaging, marking or labelling

requirements, as they apply to a good or service to be used in construction

services.

48
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1) The following agencies:

All cultural, educational and hospital agencies, and university foundations

Metrolinx (GO Transit and the Greater Toronto Transity Authority)

Hydro One and its affiliates and subsidiaries

Independent Electricity System Operator and its affiliates and subsidiaries

Infrastructure Ontario Projects Corporation

Ontario Educational Commission Authority (TV Ontario)

L'Office des telecommunications educatives de la langue francaise de l'Ontario

Ontario Electricity Financial Corporation

Ontario Power Authority and its affiliates and subsidiaries

Ontario Power Generation and its affiliates and subsidiaries

Ontario Energy Board

Toronto Waterfront Corporation

2) Ministries and the following agencies covered under the WTO Agreement on

Government Procurement:

AgriCorp

Centennial Centre of Science and Technololgy (Ontario Science Centre)

Deposit Insurance Corporation of Ontario

Metropolitan Convention Centre Corporation

Niagara Parks Commission

Ontario Clean Water Agency

Financial Service Commission of Ontario

Ontario Immigrant Investor Corporation

Ontario Mortgage and Housing Corporation

Ontario Mortgage Corporation

Ontario Northland Transportation Commission

Ontario Tourism Marketing Partnership Corporation

55
Ottawa Congress Centre

Science North

The following municipalities are covered:

Ajax

Barrie

Brampton

Brantford

Burlington

Caledon

Cambridge

Chatham-Kent

Clarington

Greater Sudbury/Grand Sudbury

Guelph

Halton Hills

Hamilton

Kawartha Lakes

Kingston

Kitchener

London

Markham

Milton

Mississauga

Newmarket

Niagara Falls

Norfolk County

North Bay

Oakville

Oshawa

56
Ottawa

Peterborough

Pickering

Regional Municipality of Durham

Regional Municipality of Halton

Regional Municipality of Niagara

Regional Municipality of Peel

Regional Municipality of Waterloo

Regional Municipality of York

Richmond Hill

Sarnia

Sault Ste. Marie

St. Catherines

Thunder Bay

Toronto

Vaughan

Waterloo

Whitby

Windsor

This Appendix does not apply to municipal cultural agencies, or to local electricity

distributing companies owned in whole or in part by municipalities.

This Appendix does not apply to restrictions attached to funds for mass transit and

highway projects.

57
PRINCE EDWARD ISLAND

All Crown Corporations are covered except:

Innovation PEI.

The following municipality is covered:

Charlottetown

This Appendix does not apply to construction materials that are used for highway

construction and maintenance.

QUEBEC

The following public bodies are covered:

Agence de l'efficacite energetique

Autorite des marches financiers

Bibliothêque et Archives nationales du Quebec

Bureau de decision et de revision en valeurs mobiliêres

Centre de services portages du Quebec

Commission administrative des regimes de retraite et d'assurances

Commission de la capitale nationale du Quebec

Commission de la construction du Quebec

Commission de la qualite de l'environnement Kativik

Commission de la sante et de la securite du travail

Commission de reconnaissance des associations d'artistes et des associations de

producteurs

Commission des lesions professionnelles

Commission des normes du travail

58
Commission des relations du travail

Commission des services juridiques

Conseil Cris-Quebec sur la foresterie

Conseil de gestion de l'assurance parentale

Conseil des arts et des lettres du Quebec

Conservatoire de musique et d'art dramatique du Quebec

Corporation d'urgence-sante

tcole nationale de police du Quebec

Ecole nationale des pompiers du Quebec

Financement-Quebec

Fondation de la faune du Quebec

Fonds d'aide aux recours collectifs

Fonds d'assurance-préts agricoles et forestiers

Fonds de la recherche en sante du Quebec

Fonds quebecois de la recherche sur la nature et les technologies

Fonds quebecois de la recherche sur la societe et la culture

Immobiliere SHQ

Institut de la statistique du Quebec

Institut de tourisme et d'hOtellerie du Quebec

Institut national de sante publique du Quebec

Investissement Quebec

La Financiêre agricole du Quebec

Musee d'Art contemporain de Montreal

Musee de la Civilisation

Musee national des beaux-arts du Quebec

Office des professions du Quebec

Office Quebec-Ameriques pour la jeunesse

Regie de l'assurance-maladie du Quebec

Regie de l'energie

Regie des rentes du Quebec

Regie du batiment du Quebec

59
Regie du cinema

Services Quebec

Societe de developpement des entreprises culturelles

Societe de la Place des Arts de Montreal

Societe de ('assurance automobile du Quebec

Societe des Traversiers du Quebec

Societe d'habitation du Quebec

Societe du Grand Theatre de Quebec

Societe immobiliere du Quebec

Societe quebecoise d'assainissement des eaux

Tribunal administratif du Quebec

Centre de recherche industriel du Quebec

Regie des installations olympiques

Societe des alcools du Quebec

Societe des loteries du Quebec

Societe du Centre des congrês de Quebec

Societe du Palais des congrês de Montreal

Societe du parc industriel et portuaire de Becancour

Societe Innovatech Quebec et Chaudiere-Appalaches

Societe quebecoise de recuperation et de recyclage (Recyc-Quebec)

Societe quebecoise d'information juridique

The following municipalities are covered:

Montreal

Quebec

Laval

Gatineau

Longueuil

Sherbrooke

Saguenay

60
Levis

Trois-Rivieres

Terrebonne

Saint-Jean-sur-Riche lieu

Repentigny

Brossard

Drummondville

Saint-JerOme

Quebec retains the right to impose restrictions comparable to those used by the federal or

sub-federal governments of the United States, in the area of mass transit and highway projects,

where US procurement practices discriminate against Quebec suppliers, goods and services.

This Appendix does not apply to procurement of cultural or artistic goods and services or

to any measure adopted or maintained with respect to culture or cultural industries.

This Appendix does not apply to procurement of seedling production.

SASKATCHEWAN

All Crown Corporations are covered except:

Treasury Board Crowns

Prairie Agricultural Machinery Institute

Saskatchewan Research Council

Workers' Compensation Board (Saskatchewan)

Workers' Compensation Superannuation Board

61
Government Enterprises (CIC Crowns)

SaskEnergy Incorporated

Saskatchewan Government Growth Fund Management Corporation

Saskatchewan Gaming Corporation

Saskatchewan Government Insurance

Saskatchewan Opportunities Corporation

Saskatchewan Power Corporation

Saskatchewan Telecommunications

Saskatchewan Transportation Company

The following municipalities are covered:

City of Regina

City of Saskatoon

YUKON

All Crown Corporations are covered except:

Yukon Development Corporation

Yukon Energy Corporation

The following municipality is covered:

Whitehorse

62