Definition
1. This Chapter applies to a measure adopted or maintained by a Party relating to
licensing requirements, licensing procedures, qualification requirements, or
qualification procedures that affect:
(a) the cross-border supply of services as defined in Article 9.1 (Definitions);
(b) the supply of a service or pursuit of any other economic activity, through
commercial presence in the territory of the other Party, including the
establishment of such commercial presence; and
(c) the supply of a service through the presence of a natural person of the other
Party in the territory of the Party, in accordance with Article 10.6.2
(Obligations in other chapters).
2. This Chapter does not apply to licensing requirements, licensing procedures,
qualification requirements, or qualification procedures:
(a) pursuant to an existing non-conforming measure maintained by a Party as set
out in its Schedule to Annex I; or
(b) relating to one of the following sectors or activities:
(i) for Canada, cultural industries and, as set out in its Schedule to Annex II,
social services, aboriginal affairs, minority affairs, gambling and betting
services, and the collection, purification, and distribution of water; and
(ii) for the European Union, audio-visual services and, as set out in its
Schedule to Annex II, health, education, and social services, gambling
and betting services,
19 and the collection, purification, and distribution of
water.