From: OVERSEAS BUSINESS REPORTS (CANADA)
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University of Missouri-St. Louis


 

 
 Match 6   DB Rec# - 22,205  Dataset-MARKET
 
Source        : USDOC, International Trade Administration 
Source key    :IT 
Program key   :IT MARKET 
Program       :Market Research Reports 
Update sched. :Monthly 
ID number     :IT MARKET 111100258 
Title         :CANADA - BUSINESS GUIDE - OBR9304 
Data type     :TEXT 
End year      :1993
Date of record:06/16/1993
Keywords 1    : 
| 9304 
| CANADA 
| CC122 
| ECONOMY 
| FINANCE 
| INVESTMENT 
| MARKET|ASSESMENT 
| OBR 
| OBR9304 
| STATISTICS 
| ZEC 
 
Country       : 
| CANADA 
| ENTERPRISE FOR THE AMERICAS 
| NAFTA 
| NORTH AMERICA 
| NORTH AMERICAN 
| NORTH AMERICAN COUNTRIES 
| NORTH AMERICAN FREE TRADE AGREEMENT 
| OECD 
| ORGANIZATION FOR ECONOMIC COOPERATION & DEVELOPMENT 
| ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMET 
 
 
| ORGANIZATION OF AMERICAN STATES 
| WESTERN HEMISPHERE 
| WH 
 
Text          : 
CANADA - BUSINESS GUIDE - OBR9304 
 
SUMMARY 
 
This article is derived from a report dated April 1993, prepared at the U.S. 
Department of Commerce - Washington, DC.  The article consists of 91 pages 
and discusses the economic and commercial climate in Canada, with emphasis 
on information useful for potential U.S. sellers and investors.  It includes 
the following sections: 
 
INTRODUCTION 
FREE TRADE AGREEMENTS 
EXPORTING PRODUCTS TO CANADA 
SELLING SERVICES TO CANADA 
GOVERNMENT PROCUREMENT 
INVESTING IN CANADA 
THE CANADIAN ECONOMY 
OTHER ISSUES 
LIST OF CONTACTS 
          CANADIAN CONTACTS IN CANADA 
          CANADIAN PROVINCIAL MINISTRIES 
          CANADIAN GOVERNMENT IN THE UNITED STATES 
          CANADIAN CONSULATES GENERAL 
U.S. AND FOREIGN COMMERCIAL SERVICE DISTRICT OFFICES 
MARKETING IN CANADA PUBLICATIONS 
CANADIAN ENVIRONMENTAL LABELLING GUIDELINES 
INSTRUCTIONS FOR COMPLETION OF THE CANADA CUSTOMS INVOICE 
SAMPLE 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BUSINESS GUIDE TO CANADA 
 
 
 
Prepared by:   Reginald Biddle 
               the U.S. Department of Commerce 
               the Office of Canada 
 
 
                         A BUSINESS GUIDE TO CANADA 
 
                              TABLE OF CONTENTS 
 
INTRODUCTION 
 
 
     Economic Statistics 
       The Canadian Market 
CHAPTER I 
     FREE TRADE AGREEMENTS 
     The U.S.-Canada Free Trade Agreement (CFTA) 
       The North American Free Trade  Agreement (NAFTA) 
          Market Access 
          Rules-of-Origin 
          Customs Issues 
          Government Procurement 
          Services 
          Financial Services 
          Investment 
          New Disciplines 
          CFTA Provisions Unchanged By NAFTA 
CHAPTER II 
     EXPORTING PRODUCTS TO CANADA 
       Taxes and Tariffs 
          Import Taxes 
          Harmonized System 
          Most Favored Nation Rates 
          Advertising Matter 
          Educational Films and Related Materials 
          CFTA Rates 
          Drawback 
          CFTA and Drawbacks 
          Machinery Program 
          Goods Exported for Repair 
          Antidumping and Countervailing Duties 
       Customs Valuation For Duty 
          Restrictions On Transaction Value 
          Related Party Transactions 
          Leased Machinery 
          Other-Than-Prime-Quality Goods 
          Adjustments to Price 
          Discounts 
          Currency of Sale 
          National Customs Rulings 
       Customs Clearance 
          Method of Duty Payment 
          Nonresidential Importer 
          Direct Shipment 
          Indirect Shipments 
          Warehousing and Free Ports 
          Customs Review Process 
          Refund of Duties 
       Export Documentation 
          Canada Customs Invoice 
          Freight Allowances 
          Exporting By Mail 
          Country of Origin 
     CFTA CUSTOMS PROCEDURES 
       Claiming the CFTA Tariff 
          CFTA Rules-Of-Origin 
          Summary of the Rules-of-Origin 
       Temporary Imports 
          Personal Baggage 
          Display Goods 
          A.T.A. Carnet 
       Prohibited, Restricted, Controlled Goods 
 
 
       Labeling And Packaging Requirements 
          Consumer Packaging and Labeling 
          Quebec French Labeling Requirements 
          Country of Origin Marking 
          Weights and Measures 
          Guidelines for Environmental Claims 
       Product Standards 
          Standards and the CFTA 
          Standards & NAFTA 
CHAPTER III 
     SELLING SERVICES TO CANADA 
       Services Under the CFTA and NAFTA 
       Citizenship Requirements 
       Mutual Recognition of Professional Standards 
       Taxation of Services 
       Checklist for Marketing Services in Canada 
       Market Opportunities 
CHAPTER IV 
     GOVERNMENT PROCUREMENT 
       Procurement System 
       Procurement Information 
       Bidding Hints 
       Additional Information 
CHAPTER V 
     INVESTING IN CANADA 
       Investment in Canada 
       CFTA Investment Provisions 
       Investment Regime 
       Business Organization 
       Incorporating in Canada 
       Provincial Incorporation 
       Extra-Provincial Company 
       Sole Proprietorship 
       Partnership 
       Investment Incentives 
       Quebec French Language Requirements 
       Foreign Ownership of Real Property 
       Provincial Real Estate Regulations 
       Taxation 
          Goods and Services Tax 
          Federal Corporate Income Tax 
          Corporate Tax Rates 
          Federal Personal Income Tax 
          Provincial Corporate Income Tax 
          Provincial Personal Income Tax 
          Provincial Sales Tax 
       The Labor Force 
          Payments and Benefits 
          Employment of Aliens 
CHAPTER VI 
     THE CANADIAN ECONOMY 
       Product Distribution 
          Import Channels 
          Distribution Practices 
          Wholesale Trade 
          Retail Trade 
          Mail Order Sales 
          Quotations and Terms of Payment 
       Transportation 
          Railways 
 
 
          Motor Freight 
          Water Transport 
          Aviation 
          Banking 
          Stock Exchanges and Securities 
          CFTA Financial Services Provisions 
          The Federal Business Development Bank 
          Credit Information 
          Consumer Financing 
       Advertising and Market Research 
          Advertising Laws 
          Advertising Agencies 
          Radio and Television 
          The Press 
          Market Research 
CHAPTER VII 
     OTHER ISSUES 
       Intellectual Property Rights 
          Patents 
          Trademarks 
          Copyrights 
          Industrial Designs 
          Additional Information 
       Business Travel In Canada 
          Entrance Requirements 
          CFTA Business Travel Provisions 
          Customs Requirements for Visitors 
          Business Hours 
          Standard Time Zones 
          Holidays 
CHAPTER VIII 
U.S. DEPARTMENT OF COMMERCE SERVICES FOR EXPORTERS 
       Office of Canada 
       U.S. and Foreign Commercial Service 
       US&FCS Export Assistance Programs 
 
ANNEX I 
     LIST OF CONTACTS 
       CANADIAN CONTACTS IN CANADA 
       CANADIAN PROVINCIAL MINISTRIES 
       CANADIAN GOVERNMENT IN THE UNITED STATES 
          CANADIAN CONSULATES GENERAL 
 
ANNEX II 
     U.S. AND FOREIGN COMMERCIAL SERVICE DISTRICT OFFICES 
 
ANNEX III 
     MARKETING IN CANADA PUBLICATIONS 
 
ANNEX IV 
     CANADIAN ENVIRONMENTAL LABELLING GUIDELINES 
 
ANNEX V 
     INSTRUCTIONS FOR COMPLETION OF THE CANADA CUSTOMS INVOICE 
     SAMPLE 
 
 
                                INTRODUCTION 
 
 
 
 
Canada is the largest export market for U.S. goods and services.  In 1992, 
U.S. merchandise and service exports to Canada topped $100 billion. 
American firms, especially those new to exporting, find Canada a relatively 
easy market in which to do business.  The ease of selling in Canada is due 
in part to the similarities between U.S. and Canadian  distribution 
practices, business methods and customs, and promotional techniques. 
 
Bilateral merchandise trade in 1992 totaled $189.1 billion.  Over 20 percent 
of total U.S. exports went to Canada, and Canada supplied 18 percent of U.S. 
imports.  In 1992, 74 percent of Canadian exports went to the United States, 
while 77 percent of the country's imports were purchased from the United 
States.  Canadian trade with the United States accounts for 25 percent of 
Canada's gross doemstic product (GDP). 
 
The implementation of the U.S.-Canada Free Trade Agreement (CFTA) on January 
1, 1989 has further enhanced an already thriving trade relationship.  In its 
fifth year, the CFTA continues to create new business opportunities as 
tariff levels are reduced and other barriers to trade are removed. 
 
This guide is a reference tool for American firms doing business in Canada. 
It contains information on: 
 
 the U.S.-Canada Free Trade Agreement; 
 
 the North American Free Trade Agreement; 
 
 Canadian commercial laws, regulations, and customs; and 
 
 U.S. and Canadian sources of additional information. 
 
 U.S. and Canadian sources of additional information. 
 
 
 
                                   READERS 
 
 commenting on the Guide, see Quality Assurance Survey in Annex VI. 
 
 seeking help on doing business in Canada 
 
 
                               PLEASE CONTACT: 
 
 
                          U.S. Commerce Department 
                      International Trade Administration 
                              Office of Canada 
                                  Room 3033 
                           Washington, D.C. 20230 
                            Phone: (202) 482-3101 
                             Fax: (202) 482-3718 
 
 
 
                             Economic Statistics 
 
 
 
 
 
 
 
                                             1989    1990    1991    1992 
Economy 
GDP (US$ billions)                           550.3   581.2   592.9   594.0 
GDP (constant '86 US$'s)                     477.7   486.3   487.9   464.4 
GDP Per Capita (US$)                      20,813.0 21,746.0 21,960  22,370 
Inflation                                     5.0%     4.8%    5.6%    2.0% 
Average Unemployment                          7.5%     8.1%   10.3%   11.3% 
Exchange Rate (1US$=C$)                       1.18    1.17    1.14    1.19 
Canadian World Exports (US$ billions)        116.7   125.2   123.7   127.7 
Canadian World Imports (US$ billions)        112.8   115.9   117.2   122.8 
 
Merchandise Trade (Billions US$) 
U.S. Exports                                  78.8    83.7    85.1    90.6 
U.S. Imports                                  87.9    91.4    91.1    98.5 
  TOTAL                                      166.7   175.1   176.2   189.1 
  BALANCE                                     -9.1    -7.7    -6.0    -7.9 
 
Services Trade (Billions US$) 
U.S. Receipts                                 13.2    16.1    17.8     18.4 * 
U.S. Payments                                  7.1     7.5     7.9      8.0 * 
  TOTAL                                       20.3    23.6    25.7     26.4 
  BALANCE                                      6.1     8.6     9.9     10.4 
 
Direct Foreign Investment (Billions US$ 
U.S. Direct Investment in Canada              63.9    67.0    68.5     72.1** 
Canadian Direct Investment 
  in the United States                        30.1    30.0    30.0     27.5** 
 
Sources: U.S. Department of Commerce 
         Statistics Canada 
 
*        Preliminary 
**       Estimate 
 
CANADIAN GOVERNMENT 
 
The Canadian federal government, seated in Ottawa, Ontario, is patterned 
after the British Parliament.  Unlike the United Kingdom, Canada is not a 
unitary state.  Canada is a democratic confederation of ten self-governing 
provinces, which are the principal entities, plus two federally-governed 
territories.  The federal and provincial governments are responsible to 
popularly elected legislatures. 
 
The federal government has control over the regulation of international 
trade and commerce, national defense, navigation and shipping, banking and 
currency, and criminal law.  The Parliament of Canada consists of an elected 
House of Commons and a Senate appointed by the Prime Minister.  A 
Governor-General, representative of the British monarch, is appointed on the 
advice of the Prime Minister. The role is largely ceremonial.  The Prime 
Minister is the effective head of state and is normally the leader of the 
majority party in the House of Commons, which has 282 members. 
 
The provinces retain more political power than the states in the United 
States.  They control education, municipal government, property and civil 
rights, and other matters of local concern. Quebec Province has limited 
authority in immigration matters.  The provinces own their natural resources 
and control their development except in instances where the mineral rights 
have been reserved for the Crown (i.e., the federal government).  The 
provincial legislatures consist of unicameral assemblies. 
 
 
 
The two territories have some legal administrative authority, although their 
affairs are largely controlled by the federal government. 
 
From east to west, the provinces are Newfoundland (and Labrador), Nova 
Scotia, Prince Edward Island, New Brunswick, Quebec, Ontario, Manitoba, 
Saskatchewan, Alberta, and British Columbia.  North of the provinces lie the 
two federal territories:  the Northwest Territories and Yukon Territory. 
 
 
                               CANADA IN BRIEF 
 
TOTAL AREA: 
 
9,976,139 Square Kilometers (second largest in world) 
 
POPULATION: 
 
27,296,859 (1991) 
 
ETHNIC ORIGIN: 
 
Percent of Population 1991 
 
British Origin                               61% 
French                                       26% 
Italian                                       2% 
German                                        2% 
Other                                         9% 
 
LARGEST METROPOLITAN AREAS: 
 
Areas:Population 
 
Toronto, Ontario              3,812,100 
Montreal, Quebec              3,114,900 
Vancouver, British Columbia   1,587,500 
Ottawa, Ontario (national capital) 
/Hull, Quebec                   891,900 
Edmonton, Alberta               842,100 
Calgary, Alberta                742,000 
Winnipeg, Manitoba              653,600 
                               (December 1991) 
 
GDP: 
 
$594 billion (1992) 
 
UNEMPLOYMENT: 
 
11.3% (average annual, 1992) 
 
INFLATION RATE: 
 
2.0% (1992) 
 
WORLD MERCHANDISE TRADE SURPLUS: 
 
US$ 4.9 billion (1992) 
 
 
 
 
                             The Canadian Market 
 
Due to the harsh geography of much of Canada, the population is heavily 
concentrated in a relatively few urban centers along the border with the 
United States.  As a result, the Canadian market is in effect 4,000 miles 
long and 100 miles wide.  This market is comprised of a 750 mile-long 
megalopolis and several densely populated metropolitan areas, which are 
separated by large sparsely populated areas.  Canada's population is 
approximately 27 million, about one-tenth the size of the United States. 
 
A large share of Canada's population lives in the major metropolitan areas. 
More than six million persons reside in either metropolitan Montreal or 
metropolitan Toronto.  The French-Canadian market is of considerable 
importance, since over a quarter of the total Canadian population is of 
French origin.  Two-thirds of this market, which is concentrated in the 
Province of Quebec, speaks French only. 
 
Marketers cannot merely translate English advertisements into French and 
expect to promote products successfully in Quebec and other French-speaking 
areas.  Colloquial French is essential. 
 
Differences in taste between the English and French-speaking populations may 
require  tailoring the product's styling, size, design,  color assortment, 
and advertising messages to the French-Canadian market. 
 
                                  CHAPTER I 
 
                            FREE TRADE AGREEMENTS 
 
The U.S.-Canada Free Trade Agreement (CFTA) 
 
The U.S.-Canada Free Trade Agreement (CFTA), implemented in 1989, has 
created vast opportu-nities for U.S. exporters and investors in Canada.  As 
a result of the agreement, trade barriers have come down, investment rules 
have been liberalized, and bilateral cooperation on a wide range of issues 
has expanded. 
 
The provisions of the CFTA and how they impact on U.S.-Canada trade in goods 
and services and investment are explained below under NAFTA and throughout 
the Guide under the appropriate subject headings. For example, information 
on the removal of tariffs under the CFTA can be found on page  under the 
discussion of CFTA rates. 
 
The North American Free Trade  Agreement (NAFTA) 
 
In the fall of 1992, the United States, Canada, and Mexico completed 
negotiations on a North American Free Trade Agreement (NAFTA).  This 
historic Agreement brings Mexico into the North American free trade area. 
NAFTA also expands the scope of the CFTA in some areas.  For example, NAFTA 
contains a number of new disciplines not covered by the CFTA, including 
intellectual property rights, land transportation, and the environment. 
Many of the improve-ments to the CFTA are a direct result of experience 
gained by the United States and Canada in implementing the bilateral 
accord.  In fact, the CFTA served as a model for NAFTA.  As a result, U.S. 
firms already familiar with the CFTA are well positioned to reap early 
benefits from NAFTA. 
 
Once NAFTA is approved by the legislatures in the three countries, the 
Agreement is expected to enter into force on January 1, 1994.  U.S. traders 
and investors who do business with Canada need to know how NAFTA will modify 
 
 
and improve the benefits accorded them by the  CFTA.  Accordingly, the 
following presentation describes the provisions of the CFTA by major issue 
area and notes the changes in those provisions which result from NAFTA. 
Provisions which apply only to Mexico are not discussed. 
 
 
                                Market Access 
 
One of the most important market access provisions of the CFTA is the 
elimination of tariffs on goods produced in the United States and Canada. 
 
Many products traded between the two countries already entered duty-free 
prior to the CFTA.  For those products which were subject to duties, the 
CFTA established three tariff elimination categories.  Duties on some 
products were eliminated immediately on implementation of the CFTA (January 
1, 1989), while other products became duty free on January 1, 1993.  Duties 
on import-sensitive products, like tex-tiles, apparel, or agricultural 
products, are being removed in ten equal, annual cuts ending on January 1, 
1998.  Tariff cuts on these products reached the halfway point on January 1, 
1993. 
 
The CFTA does not change the duty rates levied on goods from other 
countries.  For U.S. exporters, this means that American goods are now more 
price competitive in the Canadian market than goods from other countries. 
U.S.-made household scales, for example, now enter Canada duty free, while 
scales from other countries are accessed a 10.2 percent duty. 
 
NAFTA: 
 
        Makes no change in the staging process for elimination of tariffs on 
qualifying products traded between the United States and Canada. 
 
 
                               Rules-of-Origin 
 
Only those items produced in the United States or Canada benefit from the 
preferential rates mandated by the CFTA.  Therefore, the CFTA establishes 
specific rules-of-origin which prevent transshipment of goods from third 
countries through one CFTA partner to another in order to escape higher 
tariffs. 
 
Those items which are produced entirely in the United States or Canada from 
U.S. or Canadian raw materials, such as potatoes grown in Idaho or iron ore 
mined in Alberta, automatically qualify for CFTA duties. 
 
Products manufactured in the United States and Canada using inputs imported 
from outside the United States or Canada, only qualify if they meet specific 
rules-of-origin.  Generally, the rules require that the inputs be 
transformed in specified ways during processing in the United States or 
Canada to qualify for CFTA tariff treatment.  In some cases, the rules also 
require that 50 percent or more of the direct cost of processing be U.S. 
and/or Canadian.  For example, unwrought lead must not only be processed in 
the United States or Canada, the value of the materials going into producing 
the lead and the direct costs of processing in the United States or Canada 
must be at least 50 percent of the total value of the end product. 
 
NAFTA: 
 
            Simplifies and harmonizes the administration of the 
rules-of-origin. 
 
 
 
            Qualifies as North American products with small quantities (no 
more than 7 percent) of non-North American parts. 
 
            Requires that passenger vehicles and light trucks have 62.5 
percent (60 percent for other vehicles) North American inputs/direct costs 
to qualify for preferential treatment. 
 
            Simplifies rules-of-origin for certain electronics products. 
 
            Strengthens rules-of-origin for textiles; garments must be made 
from both fabric and yarn of North American origin.  A tariff rate quota 
will allow a certain number of garments which to do not meet the rules to 
qualify as North American.  In some cases, certain textiles also will have 
to incorporate NAFTA-produced fibers. 
 
 
                               Customs Issues 
 
The CFTA covers a range of issues related to administration of customs.  For 
example, duty drawback, or the refund of duties on imported inputs 
incorporated into products for export, was to be eliminated under the CFTA 
by January 1, 1994.  The United States also agrees to eliminate customs user 
fees for Canadian products by January 1, 1994. 
 
NAFTA: 
 
            Extends the deadline for elimination of duty drawback to January 
1, 1998. 
 
            Provides duty-free temporary entry of tools of the trade and 
professional equipment for after-sales and service providers. 
 
            Allows all goods returned after repair or alteration in another 
NAFTA country to re-enter duty free and duty/taxes are paid only on the 
repair portion of the good. 
 
                           Government Procurement 
 
The CFTA expands the size of the government procurement markets which are 
open to free and fair (non-discriminatory) competition between U.S. and 
Canadian suppliers.  The Agreement requires clear, fair rules of bid 
selection and provides for an effective Bid Challenge System (BCS).  The 
CFTA applies to certain federal procurement valued at $25,000 and above. 
This means that a U.S. company bidding on a $30,000 Supply and Services 
Canada contract competes on an equal footing with its Canadian competitors; 
the company will be judged solely on its ability to deliver a low-cost, 
high-quality product.  As a result of these measures, U.S. suppliers 
successfully competed for 591 Canadian contracts worth over $33.1 million 
from January 1989 through 1992. 
 
NAFTA: 
 
            Extends coverage to listed government-owned corporations for 
goods and services contracts valued at above $250,000 and construction 
contracts valued at over $8 million. 
 
            Extends coverage to services contracts valued over $50,000 and 
construction contracts valued over $6.5 million by listed federal government 
agencies. 
 
 
 
            Adds Crown Corporations to the list of covered entities, --the 
St. Lawrence Seaway Authority, the Royal Canadian Mint, the Canadian 
National Railway (freight), and Via Rail (passenger service). 
 
            Expands Canadian federal entity coverage to include 
Communications Canada, Transport Canada, and the Ministry of Fisheries and 
Oceans. 
 
                                  Services 
 
The CFTA is the first trade agreement to include trade in services.  The 
Agreement ensures that companies in over 150 service sectors can provide 
their services in the partner country without discrimination.  The Agreement 
requires that business regulations for services be clear and explicit.  The 
CFTA does not change existing regulations governing services in the two 
countries but locks in current levels of protection.  In effect, the 
Canadian Government is prohibited from passing new legislation which would 
further restrict the right of a U.S.-based engineering, advertising, or 
other covered service firm from doing business in Canada.  The services 
chapter of the CFTA includes special provisions for the architecture, 
tourism, and telecommunications sectors. 
 
NAFTA: 
 
            Extends coverage to nearly all service sectors (vice only 150). 
 
            Eliminates existing federal and local regulations restricting 
partner country access to services markets, unless reserved. 
 
            Removes citizenship or permanent residency requirements for 
licensing of professional service providers. 
 
                             Financial Services 
 
The CFTA removes virtually all discrimination on the basis of nationality in 
the financial services sector (commercial and investment banks, savings and 
loan institutions, and certain insurance activities).  Specifically, the 
CFTA eliminates Canadian restrictions on market share and asset and capital 
expansion for U.S. bank subsidiaries in Canada and gives U.S. financial 
institutions the same rights as Canadian financial institutions to establish 
insurance companies, trust companies, and certain types of banks in Canada. 
The CFTA also provides that the benefits of further liberalization in both 
countries be extended to the financial institutions of the partner country. 
 
NAFTA: 
 
            Establishes a comprehensive set of principles and rules 
governing trade and investment in financial services. 
 
            Covers state/provincial and local, as well as federal, measures. 
 
            Guarantees U.S. firms in Canada the right to process data in the 
United States. 
 
            Provides access to the NAFTA dispute settlement mechanisms for 
NAFTA financial services firms. 
 
                                 Investment 
 
 
 
The CFTA locks into place Canada's liberal investment measures and bars most 
new measures which would adversely affect U.S. investment.  The Agreement 
prohibits discrimination against investment from the partner country; 
eliminates rules requiring an investor to export a certain percentage of 
production or to give preference to local inputs; requires fair compensation 
for expropriation; and guarantees free transfer of capital and profits.  The 
Agreement also required revisions of the Investment Canada Act, which 
governs the review of foreign investment in Canada. 
 
Canada has eliminated review of U.S. indirect investments and increased the 
threshold for review of U.S. direct investments to C$150 million (as 
measured in constant 1992 dollars).  Under the CFTA, investment decisions 
can be based on business factors, not on artificial barriers. 
 
NAFTA: 
 
            Expands the definition of investor to include companies owned by 
non-NAFTA individuals but operating in a NAFTA country. 
 
            Increases coverage to include real estate, stocks, bonds, and 
certain contracts and technologies. 
 
            Provides for binding arbitration of disputes between covered 
investors and NAFTA governments. 
 
 
                               New Disciplines 
 
NAFTA introduces two new disciplines not covered by the CFTA: protection of 
intellectual property rights (IPR) and liberalization of land 
transportation.  NAFTA is also the first trade agreement to ensure that its 
trade enhancement provisions do not prevent the NAFTA countries from 
protecting the environment. 
 
Intellectual Property Rights 
 
NAFTA: 
 
            Extends patent protection to a minimum of 20 years. 
 
            Limits compulsory licensing, notably of pharmaceuticals. 
 
            Provides new copyright protection for a host of products, such 
as computer programs, sound recordings, motion pictures, satellite signals, 
and other works. 
 
            Strengthens protection for trademarks, service marks, trade 
secrets, integrated circuits, industrial designs, plant breeders' rights, 
and geographical indications. 
 
            Provides procedures for enforcement of IPR rights. 
 
Land Transportation 
 
NAFTA: 
 
            Locks into place current favorable U.S. access to Canadian 
markets by ensuring that future Canadian regulations, laws, and policies 
will not discriminate unfairly against U.S. land transportation service 
providers. 
 
 
 
Environment 
 
NAFTA: 
 
        Allows the Parties to maintain existing health, safety, and 
environmental standards and to impose new standards which are scientifically 
justifiable, transparent, and non-discriminatory. 
 
        Acknowledges the right of the Parties to enforce specific 
environmental treaty obligations. 
 
        Ensures that environmental concerns are addressed in trade disputes 
and includes provision for scientific review boards to advise dispute panels 
concerning environmental issues. 
 
At this writing, a side agreement covering the environment is being 
negotiated by the United States, Canada, and Mexico. 
 
 
                     CFTA Provisions Unchanged By NAFTA 
 
Some provisions of the CFTA remain essentially unchanged by NAFTA.  These 
include: 
 
        the CFTA's agriculture measures, such as elimination of Canadian 
import licenses on certain U.S. agricultural products, prohibition on the 
use of export subsidies on goods traded between the two countries, and 
exemptions on meat import quotas; 
 
        the CFTA's streamlined border crossing procedures for business 
travel; 
 
        the CFTA's energy chapter, which removes barriers to trade in energy 
and provides secure access to energy supplies and markets; 
 
        other CFTA provisions on technical standards and alcoholic 
beverages; and 
 
        the CFTA's exemption for Canadian cultural industries. 
 
 
Further details are available in the publication, "Impact of the North 
American Free Trade Agreement (NAFTA) on the U.S.-Canada Free Trade 
Agreement (CFTA)" (See Annex III, List of Publications). 
 
                                 CHAPTER II 
 
EXPORTING PRODUCTS TO CANADA 
 
                              Taxes and Tariffs 
 
                                Import Taxes 
 
Canada Customs collects the 7 percent Goods and Services Tax (GST) on 
imported goods by applying it to the duty-paid-value (customs value plus 
import duties).  Since imported services cannot practically be taxed at the 
border by Customs, special rules apply.  If the importer is a registrant 
under the GST system, no tax need be calculated.  If the importer is an 
exempt entity--for example, a bank or an insurance company--the importer is 
 
 
required to self-assess the tax due and remit it to Revenue Canada. 
Additional information on the GST can be found on page . 
 
Each province, except Alberta, the Yukon, and the Northwest Territories, 
levies a provincial sales tax (PST). With the exception of goods bound for 
Quebec, the PST is not collected on imports.  (Additional information on the 
PST can be found on page .) 
 
                              Harmonized System 
 
On January 1, 1988, Canada introduced the Harmonized Commodity 
Classification and Coding System (HS), which  classifies goods for customs 
purposes and for compiling import and export statistics.  The HS import 
codes consist of ten digits, with the first six digits based on the 
international HS.  Export codes consist of eight digits with the first six 
consisting of the same international code. 
 
HS classification requires a very detailed product description on commercial 
documents in order to establish the correct customs classification and 
duties payable.  If product descriptions are insufficient, Canada Customs 
may not release goods coming into Canada.  Vendors should describe the 
products and their use carefully in non-technical terms. 
 
The following information will be sufficient for most product 
classifications: 
 
        1)  Product name; 
        2)  Use; 
        3)  Condition; 
        4)  Composition; and 
        5)  Size or dimension. 
 
 
                          Most Favored Nation Rates 
 
Unless covered by a preferential agreement, products imported into Canada 
from most countries are subject to the Most-Favored-Nation (MFN) tariff 
rates.  In general, products from the United States, which do not qualify 
under the U.S.-Canada Free Trade Agreement, are subject to the MFN rate. 
Most raw materials and exotic products imported into Canada are free of 
duty.  Duties become progressively higher as the goods become more highly 
processed. 
 
Canada imposes special duties for various reasons: 
 
        Seasonal duties apply on certain fruits and vegetables as tariff 
protection to Canadian growers during the harvest season. 
 
        Special temporary low or duty free entry is granted on many imported 
parts or materials needed for incorporation into Canadian manufactures. 
 
        "Designated" vehicle manufacturers in Canada who are entitled to the 
provisions of the US-Canada Automotive Products Trade Agreement (Auto Pact), 
outlined in the Motor Vehicles Tariff Remission Order (MVTO) or who have 
Auto Pact status through Special Orders-In-Council, may import certain motor 
vehicles duty free, subject to the conditions of the Auto Pact or the 
special orders.  Parts, accessories, and parts thereof may also be imported 
duty free by manufacturers of the class of vehicles in question or by their 
suppliers when for use as original equipment in vehicles produced in 
Canada.  Importations of motor vehicles, and parts and accessories, and 
 
 
parts thereof not meeting the conditions mentioned herein, are subject to 
duty. 
 
        Remission of the duty and taxes paid on production machinery and 
equipment is possible if the goods are "not available in Canada."  (See 
section entitled "Machinery Program", page ). 
 
 
                             Advertising Matter 
 
Advertising matter, printed or stamped on paper or cardboard, is admitted 
free of duty into Canada from the United States: when imported by mail or 
courier in individual packages with a production value of less than C$20 per 
package and addressed to different firms or persons.  Single copies of 
advertising matter may enter duty free: 
 
(1)     if the literature is not specially prepared for the Canadian trade 
and 
 
(2)     if the literature is identical to the material distributed in the 
home market, regardless of whether the name of a Canadian dealer or seller 
agency is stamped on it. 
 
Advertising matter admitted free of duty under the above provisions is not 
exempt from the GST.  Hence, the value of advertising matter should be noted 
on the invoice when the material is included in shipments of dutiable 
articles, whether merchandise is for sale or samples for distribution. 
 
Trade magazines are also granted duty free entry if sent in single copies. 
All printed matter, whether duty free or dutiable, is required to bear an 
indication of the country of origin, such as "printed in U.S.A."  Further 
details are available from:  Canada Customs and Excise in Ottawa.  (See 
Annex I, List of Contacts.) 
 
                   Educational Films and Related Materials 
 
Motion picture films, separate sound film track, slides, certain sound 
recordings, static and moving models, videotape recordings, and wall charts, 
maps, and posters are permitted duty-free entry into Canada. 
 
To qualify for duty-free status, companies must submit to Revenue Canada, a 
certificate attesting to the international, educational, scientific, or 
cultural character of the goods.  Application for the certificate may be 
made to the U.S. Information Agency, Attestation Officer. (See Annex I, List 
of Contacts.) 
 
                                 CFTA Rates 
 
Under the CFTA, all tariffs on qualifying goods traded between the United 
States and Canada are being eliminated in stages by January 1, 1998.  All 
dutiable products are assigned to one of the following staging categories: 
duty-free immediately (on January 1, 1989);  elimination in five equal 
annual cuts, which became duty free on January 1, 1993; and elimination in 
ten equal annual cuts to be duty free on January 1, 1998.  In almost all 
instances, staging on a particular product is the same in both countries. 
(See page  on "Claiming the CFTA Tariff.) 
 
 
                                  Drawback 
 
 
 
Canada's Home Consumption Drawback helps manufacturers meet foreign 
competition by granting them relief from a portion of duties on specific 
imported goods used in Canada. 
 
Eligible products include steel, hot-rolled hexagon bars of iron or steel, 
yarns of man-made fibers, single ply veneers of hardwood, and undenatured 
ethyl alcohol.  Commodities eligible for some percentage of duty  drawback 
must usually be used for a specific purpose. 
 
The Export Drawback helps Canadian manu-facturers compete in foreign markets 
by removing internal Canadian duties and taxes from the cost of Canadian 
goods exported.  Drawback of 100 percent of duties and taxes is granted on 
imported goods re-exported in an unused condition and on imported goods 
incorporated into Canadian manufactured goods which are subsequently 
exported.  Applications for drawback must be filed on forms provided by 
Canada Customs and must be supported by documentation proving eligibility 
for drawback. 
 
 
                        Sources of Tariff Information 
 
        U.S. exporters can obtain nonbinding information on Canadian tariff 
rates and classifications from Canada Customs and Excise, Tariff Programs 
Appraisal. 
 
        Information on Canadian duties applied to specific products and the 
CFTA tariff phase out schedule may also be obtained from the U.S. Department 
of Commerce, Office of Canada.  Companies requesting tariff information 
should have the product HS Tariff Classification Numbers before calling.  HS 
numbers can be obtained from customs brokers, Canada Custom and Excise, and 
some U.S. Customs offices. 
 
                       See Annex I, List of Contacts. 
 
 
                             CFTA and Drawbacks 
 
The CFTA alters the Canadian drawback system.  After January 1, 1994, goods 
imported into either country under programs that confer benefits (Canada's 
duty drawback and inward processing programs, or the U.S. foreign trade 
zones) will be treated for tariff purposes as if the goods were entered for 
consumption in the producing country.  Hence, duties will be payable.  NAFTA 
extends the deadline for elimination of drawbacks from January 1, 1994 to 
January 1, 1996. 
 
Duty waivers linked to performance requirements generally will end January 
1, 1998.  If either country grants a company specific duty waiver, the 
waiver must be made generally available or the waiver must be ended if the 
commercial interest of the other country is harmed. 
 
 
                              Machinery Program 
 
Certain kinds of machinery, equipment, and replacement parts are subject to 
duty remission, when the goods are not available from production in Canada. 
The program increases efficiency throughout Canadian industry by enabling 
users to acquire, at the lowest possible cost, hi-tech machinery and 
equipment not available from Canadian manufacturers.  Application forms are 
available from Canada Customs offices. 
 
 
 
Information on the program and further details concerning the conditions 
under which applications are considered are available from Canada Customs 
offices or from the Machinery and Equipment Advisory Board.  (See Annex I, 
List of Contacts.) 
 
 
                          Goods Exported for Repair 
 
Duties and taxes on Canadian goods and goods previously entered for 
consumption and subse-quently sent abroad for repairs will be assessed on 
the value of the repair.  However, if Canada Customs believes that repair 
facilities exist in Canada, the returned goods will be subject to assessment 
based on the full market value of the good and repair.  Canada Customs may 
accept a verbal declaration from the exporter or his agent that the repair 
work could not be done within a reasonable distance in Canada.  Written 
evidence confirming the non-availability of repair facilities is sometimes 
required. 
 
U.S. and/or Canadian origin goods may be returned to Canada duty free after 
having been repaired in the United States free of charge under warranty.  HS 
Tariff Number 9820.00.00 should be cited.  The GST is payable on the full 
value of the goods repaired under warranty if the goods are not tax exempt. 
 
All goods sent abroad for repair must be exported under Canada Customs 
supervision and documented on form E15, "Identification of Goods Exported or 
Destroyed."  Canada Customs must be satisfied that the repairs could not 
have been made in Canada either at the place where the goods were located or 
within a reasonable distance from such place, and the goods must be returned 
to Canada within twelve months of the date of export. 
 
A Canada Customs Invoice or equivalent must be completed where applicable. 
The full market value of the goods at the time of their return to Canada is 
shown in the appropriate column of the invoice. 
 
The charge for the repair service performed abroad is shown in the selling 
price column.  A statement setting out the market value of the processing, 
repair, addition, or adjustment is to be shown in the body of the invoice. 
 
The cost of the material used, labor, factory overhead, plus a normal profit 
markup are to be taken into consideration when calculating the value, 
regardless of whether a charge is actually made for the service (e.g., free 
under warranty or similar arrangement). 
 
Articles exported to be tested only and not altered or repaired may be 
reimported under the provisions noted in the Canadian Harmonized System 
headings 9813.00.00 and 9814.00.00. 
 
NAFTA provides that by 1998, all goods returned to Canada after repair or 
alteration in the United States or Mexico will re-enter duty free. 
 
 
                    Antidumping and Countervailing Duties 
 
The United States and Canada apply national antidumping (AD) and 
countervailing (CVD) laws to goods imported from the other country. 
 
Canada's Special Import Measures Act (SIMA) is designed to comply with the 
International Antidumping Code negotiated under the auspices of the General 
Agreement on Tariffs and Trade (GATT).  Under the Act, two conditions must 
exist before an antidumping duty may be levied: 
 
 
 
(1)         the goods must be dumped, i.e., sold for export for less than is 
normally charged in the home market, or sold below their full or total costs; 
 
(2)         the dumping of the goods have caused or threaten to cause 
material injury to Canadian producers, of like goods, or materially retard 
the establishment of new production in Canada. 
 
As a signatory to the GATT Subsidies Code, Canada may impose countervailing 
duties on imports which have benefitted from foreign subsidies and which 
cause or threaten to cause material injury to domestic production.  Before a 
countervailing duty can be levied, two conditions must be established: 
 
(1)     financial and other commercial benefits for subsidies have the 
effect of lowering the price of goods imported into Canada; and 
 
(2)     the subsidized imports are causing or threating to cause injury to 
the production of like goods in Canada, or materially retard the 
establishment  of new production in Canada. 
 
Under the CFTA, each country continues to apply their own AD/CVD laws to 
goods imported from the partner country.  When requested, final 
determinations are reviewed by a binational panel in place of court review. 
The panels must apply national laws in rendering their decisions. 
 
In the United States, the Department of Commerce's Import Administration 
makes dumping or subsidy determinations in AD/CVD investigations and reviews 
of AD/CVD orders.  The U.S. International Trade Commission makes final 
determinations in AD/CVD investigations as to whether a U.S. industry has 
been injured or is threatened with injury. 
 
The Antidumping and Countervailing Division, Revenue Canada, Customs and 
Excise, makes dumping and subsidy determinations in AD/CVD investigations 
and reviews AD/CVD injury findings.  The Canadian International Trade 
Tribunal determines whether Canadian producers of like goods have been or 
will be injured by the dumped or subsidized goods.  The Tribunal also 
determines if new Canadian production has been materially retarded by the 
presence of dumped or subsidized goods. 
 
                         Customs Valuation For Duty 
 
Canada has acceded to the GATT Customs Valuation Code which provides that 
the customs value of imported goods shall be the transaction value, i.e., 
the price actually paid or payable for the goods.  Under the transaction 
value system, the value for duty is the total payment for the goods made by 
the buyer to the seller. 
 
The transaction value generally will be accepted by Canada Customs if the 
goods are sold for export to Canada and if the price paid or payable for the 
goods can be determined.  Under the transaction valuation system, the value 
for duty of imported goods will normally be determined from data submitted 
by the importer.  However, preparation of proper documentation by the 
exporter  significantly contributes to expeditious entry.  (See Export 
Documentation on page 16). 
 
 
                      Restrictions On Transaction Value 
 
The transaction value will be rejected where: 
 
 
 
            restrictions are placed on the use or disposition of the goods 
(other than restrictions required by law) that limit the geographical area 
in which the goods may be resold or that substantially affect the value of 
the goods; 
 
            conditions are placed on the sale of the goods or the price paid 
or payable for the goods for which a value cannot be determined; 
 
            the payment is made by the purchaser to the vendor for 
subsequent release, disposal, or use of the goods for which a value cannot 
be determined; and/or 
 
            the vendor and purchaser are related and the relationship has 
influenced the price paid or payable for the goods. 
 
 
                         Related Party Transactions 
 
If the vendor and purchaser are related, the transaction value can be used 
provided the importer can demonstrate that the relationship has not 
influenced the price paid or payable for the goods.  If the relationship has 
influenced the price for the goods, one of the following methods of 
valuation would be used.  (The methods are listed in the order in which they 
must be considered.  For example, the second method is considered only if 
the first method cannot be used.) 
 
1.          Transaction Value of Identical Goods 
 
2.          Transaction Value of Similar Goods 
 
3.          Deductive Value of the Goods 
 
4.          Computed Value of the Goods.  (At importer's request the order 
of the Deductive and Computed Value Method can be reversed.) 
 
5.          Residual Value Method 
 
 
                             CUSTOMS INFORMATION 
 
Contact Canada Customs and Excise for detailed information and technical 
assistance on valuation for duty purposes, classification rulings, 
documentation, custom's review process, and other customs issues.  See Annex 
I, List of Contacts for addresses and telephone numbers. 
 
 
                              Leased Machinery 
 
For machinery and equipment marketed in the country of export on a lease 
basis, the value for duty is determined on a case by case basis, depending 
on the facts surrounding the particular case. 
 
 
                       Other-Than-Prime-Quality Goods 
 
The value for duty on used goods is determined on a case by case basis. 
When used goods are sold for export and meet all requirements of the 
transaction value method, then that is the method used.  If the requirements 
of the transaction value method are not met,  subsequent methods are to be 
used. 
 
 
 
 
                            Adjustments to Price 
 
The transaction value is calculated by determining the price paid or payable 
for a good including all direct and indirect payments for the vendor's 
benefit.  Certain adjustments are to be made.  These include the following 
additions, if applicable and not already included in the aforementioned 
transaction value: 
 
            commissions except buying commissions; 
 
            domestic and export packing costs; 
 
            the value of "assists" (i.e., goods or services supplied free of 
charge or at a reduced cost by the purchaser for use in connection with the 
production and sale for export of the imported goods); 
 
            royalty and license fee payments that are in respect of the 
goods and are a condition of sale of the goods for export to Canada; 
(However, payments made for the right to reproduce the goods in Canada are 
not to be included.) 
 
            subsequent proceeds, accruing to the vendor; and 
 
            transportation, insurance, and associated costs up to and at the 
point of direct shipment. 
 
The following amounts are to be deducted in determining the transaction 
value to the extent that they are included in the price paid or payable for 
the imported goods: 
 
            transportation, insurance, and associated costs from the point 
of direct shipment; 
 
            construction, erection/assembly costs, etc. after importation; 
and 
 
            import duties and taxes. 
 
Any costs, charges, or expenses incurred in shipping goods from the place of 
direct shipment in the country of exportation to the delivery destination in 
Canada are not to be included as part of the transaction value.  The 
following costs, charges, and expenses would be excluded from the price paid 
or payable: 
 
            the cost of transportation; 
 
            loading, unloading, and handling charges; 
 
            other charges and expenses associated with transportation; and 
 
            the cost of insurance relating to transportation. 
 
 
                                  Discounts 
 
Under the transaction valuation system, all discounts which are earned at 
the time of entry may be deducted from the transaction value. 
If the conditions of the discount are not met or earned at the time of 
 
 
entry, the discount may not be deducted from the transaction value.  The 
exception to this is cash discounts.  If an importer knows that he will take 
advantage of the cash discount, it may be deducted from the transaction 
value. 
 
 
                              Currency of Sale 
 
The value for duty is based on the price paid or payable for the goods.  If 
the vendor charges the purchaser of the goods in Canadian funds, that amount 
can be shown on the Customs Invoice. 
 
When the sale is made in U.S. dollars the selling price should be stated in 
that currency.  The value for duty purposes of the goods shall be converted 
into Canadian currency based on the exchange rate on the date of direct 
shipment. 
 
 
                          National Customs Rulings 
 
Canada Customs will give Canadian importers binding determinations of tariff 
classification, origin, and value for duty prior to shipment of the 
products.  The National Customs Ruling (NCR) is given at the request of an 
importer or importer's agent and is binding upon Revenue Canada Customs and 
Excise and the importer. 
 
In general, requests for NCR's must be submitted in writing by the importer 
and contain a complete statement of all relevant information.  In making the 
request for an NCR, the importer may need the following kinds of information 
from the U.S. exporter depending on the nature of the ruling. 
 
Request for Tariff Classification 
 
        A full description of the goods, the manufacturing process, and the 
use of the goods; 
 
        The manufacturer's literature or schematics for the goods; and 
 
            A sample to permit proper testing. 
 
Request for Value Duty 
 
            Documentation to establish the value of the goods, including but 
not limited to commercial invoices, contracts of sale, warranty agreements, 
letters of credit. 
 
Request of Origin Determination 
 
            An origin determination questionaire filled out by the product's 
manufacturer (copies of these questionnaires are available from any Customs 
Regional Office); 
 
            All the information required for tariff classification above. 
 
For further information contact Canada Customs and Excise, Tariff Programs 
Appraisal (See Annex I, List of Contacts). 
 
 
                              Customs Clearance 
 
 
 
                           Method of Duty Payment 
 
Payment of import duty is normally the responsibility of the Canadian 
importer.  Except for mailed advertising matter, no means of prepayment by 
the U.S. exporting firm is available unless it employs a Canadian customs 
broker as a nonresident importer. 
 
 
                           Nonresidential Importer 
 
A person outside Canada (a nonresident importer), lacking an agreed sale, 
can arrange for the goods to be imported into Canada with the intention of 
selling the goods after importation.  In this case, the selling price column 
of the Canada Customs invoice is to be left blank or marked "N.A." for not 
applicable.  The value for duty purposes would be based on one of the 
methods of valuation.  The nonresident would be considered the importer of 
record. 
 
If the nonresident importer receives an order from a Canadian customer and 
imports the goods into Canada to sell to the customer, the nonresident 
importer is the importer of record. 
 
The value for duty purposes would be based on the selling price of the goods 
to the Canadian purchaser less appropriate adjustments. 
 
For valuation purposes, the importer is the purchaser resident in Canada at 
the time of importation.  If no purchaser is resident in Canada (i.e., where 
goods are imported on consignment but not sold before importation), the 
consignee shall be deemed the importer.  The selling price column of the 
Canada Customs invoice is to be left blank or marked "N.A." for not 
applicable.  The value for duty will be the price to the consignee where 
possible.  If final sale has not been made at the time of importation, the 
importer will be required to assess a value under one of the five methods 
provided under Canadian Customs regulations. 
 
 
                               Direct Shipment 
 
The Customs Act states that where goods are exported to Canada from any 
country, the goods shall be deemed to be shipped directly to Canada from the 
first mentioned country.  The place of direct shipment (subject to 
prescribed terms and conditions) will be considered to be the originating 
country. 
 
In such cases, the bill of lading for the transportation of goods must show 
the ultimate destination of goods from the place of original shipment.  The 
original bill of lading, or certified copies thereof, must be filed with the 
Customs entry. 
 
 
                             Indirect Shipments 
 
For Customs purposes, the place of direct shipment is that place from which 
the goods begin their direct and uninterrupted journey to Canada.  The 
journey may be broken only for purposes of trans-shipment.  Trans-shipment 
occurs only when the transport of goods has been interrupted solely for the 
purpose of transferring the goods to a subsequent conveyance so that the 
goods can continue their journey to their final destination. 
 
 
 
 
                         Warehousing and Free Ports 
 
Goods may be cleared at customs ports on the border or if intended for 
inland destinations, may be forwarded in bonded carriers to the port city 
nearest to the destination at which customs examination may be made and 
duties and taxes paid. 
 
Canada has no free ports or free trade zones.  Sufferance warehouses under 
private ownership have been established for the storage and deposit of all 
imports received by various transportation modes, pending customs 
examination and clearance.  An entry for consumption or into a bonded 
warehouse must be presented to Customs within 30 days. 
 
Goods may be entered into customs bonded warehouses without the payment of 
duty but must be cleared either for export or for Canadian consumption 
within two years.  Additional periods are provided for certain goods by 
regulation. 
 
Goods taken from bonded warehouses for consumption are dutiable at the rates 
of the Customs Tariff then in effect, and the value for duty purposes is the 
value at the time of entry for warehousing.  Goods exported from bonded 
warehouses to third countries are subject to Canadian export regulations. 
 
Repacking and sorting can be carried out in customs bonded warehouses with 
the permission of Canada Customs, but assembly or other industrial activity 
is prohibited. 
 
 
                           Customs Review Process 
 
A determination of the tariff classification and/or value appraisal of the 
goods made within 30 days after accounting of the goods is final and 
conclusive (Section 58 determination).  A written request  to the Tariff 
Values Admini-strator by the importer for a redetermination/ reappraisal can 
be made within 90 days (or within two years where the Minister deems 
advisable) of the Section 58 determination.   The prescribed form must be 
filed at the port of entry within the 90 day period, and an appeal must be 
filed on each entry. 
 
Further appeals can be made to the Deputy Minister, the Canadian 
International Trade Tribunal, and the Federal Court (on a point of law). 
 
 
                              Refund of Duties 
 
Form B2R is used by an importer to request a refund of duties. Reasons for 
such requests include:  clerical errors on the customer's invoice, error in 
exchange rate, and damage to goods in transit.  Application must be made 
within two years of the date of entry. 
 
 
                            Export Documentation 
 
                           Canada Customs Invoice 
 
A properly completed Canada Customs Invoice or its equivilant is required 
for all commercial shipments valued over C$1200 to Canada.  Documentation 
accompanying all commercial shipments valued over C$1200 entering Canada is 
required to contain all of the information listed on the Canada Customs 
Invoice.  This information requirement can be met by providing, in English 
 
 
and/or French, one of the following: 
 
 
        A commercial invoice prepared by any means (typed, handwritten, 
telex, or computer prepared).  The invoice must indicate the buyer and 
seller of the goods and the price paid or payable, and must provide an 
adequate description, including quantity of the goods contained in the 
shipment, together with the remaining data listed on the Canada Customs 
Invoice. 
 
            A fully completed Canada Customs Invoice.  (See Annex III, for a 
sample of the Canada Customs Invoice and instructions for completing the 
document.) 
 
 
 
                             Freight Allowances 
 
Exporters are required to show the amount of any freight prepaid and the 
amount of any freight allowance made by the exporter to the purchaser in 
Canada on the Canadian Customs Invoice. 
 
In some cases, the amount of the freight allowance may be unknown when 
invoicing.  In such cases, the exporter should clearly indicate that the 
invoice value is subject to a freight allowance.  The importer may show the 
amount on the invoice. 
 
                              Exporting By Mail 
 
A copy of the invoice should be included with shipments sent by mail; 
additional copies should be forwarded under separate cover to the 
consignee.  An accurate and detailed customs declaration, which references 
HS tariff codes and any tariff treatment (e.g. CFTA) claimed by the 
importer, will facilitate the processing and clearance of mail shipments. 
The addressee's purchase order number and shipper's order number should be 
on the address label and on all copies of the invoice to identify the 
shipment. 
 
 
                             THE EXPORT PROCESS 
 
 
 
      1) Exporter prepares invoice, and 
      2) Carrier transports shipment; 
 
         CFTA Certificate of Origin (if goods 
         reports shipment to 
         are eligible for preferential 
         Canada Customs 
         tariff treatment) 
 
 
 
      3) Importer submits minimum 
      4) Importer submits detailed 
 
         documentation; Customs authorizes 
         documentation on shipment; 
         release of shipment to importer 
 
 
         pays duties, GST 
 
 
      5) Canada Customs audits/verifies paper 
         work for accuracy and completeness 
 
 
                              Country of Origin 
 
For general customs purposes, each manufactured article listed on the 
invoice must have been finished in the country specified as the country of 
origin.  The country of origin of invoiced goods is the country where the 
goods are grown, produced, or manufactured. 
 
Operations such as packaging, splitting, and sorting may not be considered 
as sufficient operations to confer origin.  Each manufactured article on the 
invoice in its present form, ready for export to Canada, must have been 
substantially transformed so as to meet the applicable rules-of-origin in 
the country of origin. 
 
In cases where the exporter does not reside in the country of origin from 
which the goods are shipped directly to Canada or, for other reasons, is 
unable to certify on the invoice as to the origin of the goods, a separate 
invoice, signed by the suppler in the country of origin from which the goods 
are shipped directly, must be supplied.  Such invoice must bear a full 
description of the goods and the marks and number of the packages so that it 
may be identified with the shipment. 
 
If reasonable efforts to obtain a separate invoice are unsuccessful, any 
other documentation indicating the country of origin, such as an order for 
the goods, a certificate of origin (for non- 
 
CFTA preferential tariff treatment), or bills of lading, may be presented as 
proof of origin.  The non-CFTA certificate of origin must be issued by a 
competent body, such as a board of trade or chamber of commerce, in the 
country of origin from which goods are shipped directly to Canada. 
 
 
                                SPECIAL NOTE 
 
This section "Country of Origin" does not describe the process to be used to 
determine country of origin for the U.S.-Canada Free Trade Agreement.  (See 
"CFTA Rules-of-Origin," for a full discussion of the CFTA process.) 
 
 
CFTA CUSTOMS PROCEDURES 
 
Claiming the CFTA Tariff 
 
Under the CFTA, U.S. and Canadian tariffs are being phased out on qualifying 
goods.  The importer claims the CFTA tariff, but the exporter is responsible 
for determining whether his/her products qualify (i.e. meet the appropriate 
CFTA rule-of-origin).  If the goods qualify, the exporter must complete a 
CFTA Exporter's Certificate of Origin and send it to the importer in order 
to claim the preferential tariff.  (If the Certificate is not available, the 
MFN tariff will be applied.)  The certificate must be completed accurately 
to avoid penalties. 
 
The following steps can be taken to determine eligibility for the CFTA 
tariff and to complete the Exporter's Certificate of Origin. 
 
 
 
I.    Obtain the HS number for the product to be exported.  HS numbers 
(sometimes called the Schedule B numbers) can be obtained from customs 
brokers, freight forwarders, local U.S. Customs offices, or from Canada 
Customs.  (See Annex I, List of Contacts.) 
 
II.   Determine the Canadian Tariff rate (both the most-favored-nation (MFN) 
rate and the United States Tariff rate under the CFTA) by calling the U.S. 
Department of Commerce, Office of Canada or Canada Customs. 
 
a.    If the MFN duty rate is free, the Exporter's Certificate of Origin is 
not required. 
 
b.    If the CFTA rate is lower than the MFN rate, the exporter must 
determine if the exported product meets the specific rule-of-origin for that 
HS Number.  If the product meets the rule-of-origin, the product "qualifies." 
 
III.  If the product does not qualify, the Exporter's Certificate of Origin 
is not to be completed, because the product is subject to the MFN rate. 
 
IV.   If the product qualifies, the exporter must complete the CFTA 
Exporter's Certificate of Origin to obtain the preferential CFTA tariff 
rate. 
 
 
                          Claiming the CFTA Tariff 
 
                            CFTA Rules-Of-Origin 
 
One of the primary benefits of the CFTA is the removal of tariffs on 
U.S.-Canada trade. To ensure that this benefit accrues only to U.S. and 
Canadian manufacturers, the CFTA contains rules-of-origin to determine the 
origin of a good. 
The CFTA rules-of-origin are based on the principle of substantial 
transformation which  ensures that processing that is physically and 
commercially significant takes place in the United States or Canada before 
such goods can benefit from the CFTA tariff preference.  NAFTA significantly 
clarifies and improves the CFTA rules-of-origin. 
 
 
                       Summary of the Rules-of-Origin 
 
An exported product wholly produced in either the United States and/or 
Canada qualifies for the CFTA tariff.  An exported product (identified by HS 
number), containing any imported raw material or component, must qualify on 
the basis of the specific CFTA rule-of-origin which applies to the exported 
good. 
 
The rules-of-origin can be summarized as follows: 
 
      Goods wholly produced in either the United States or Canada.  This 
category has NO tolerance for ANY components or ingredients from a third 
country.  This category usually applies to goods harvested in the United 
States or Canada, mineral goods extracted in the United States or Canada, 
and like goods. 
 
      For goods that contain imported materials, the imported products must 
be changed in ways that are physically and commercially significant before 
being exported to the partner country.  Physically and commercially 
significant processing is identified by changes in HS tariff classification 
 
 
required by the specific rules-of-origin. 
 
      In some cases, products must meet a change in tariff classification 
rule plus at least 50 percent of the value of originating materials plus the 
direct cost of processing must be U.S. and/or Canadian. 
 
         In some cases where no change in tariff classification is possible 
between the exported product and the imported materials, the specific 
rule-of-origin requires at least 50 percent of the value of originating 
materials, plus the direct cost of processing must be U.S. and/or Canadian. 
 
 
For detailed customs information, obtain: 
 
                     "U.S.-Canada Free Trade Agreement: 
                       Guide to Exporting Procedures" 
 
         Complete legal text of rules-of-origin. 
         Help on using the rules. 
         Instructions for completing the Exporter's Certificate of Origin. 
         Samples of completed Certificates. 
 
                     Order Number:  PB92-145929, $19.50 
                                    NTIS 
                            5285 Port Royal Road 
                         Springfield, Virginia 22161 
                            Tel:  (703) 487-4650 
 
                              Temporary Imports 
 
All goods entering Canada are subject to a Customs assessment with some 
exceptions. 
 
                              Personal Baggage 
 
Personal baggage may be brought into Canada duty and tax free, provided the 
items are declared to Customs on arrival and are not subject to 
restriction.  Personal baggage may include tape recorders, typewriters, 
personal computers, dictating and calculating machines, and similar items 
for personal use.  Tools and repair equipment are not admissible as personal 
baggage and are subject to Customs assessment in most cases. 
 
In most cases, personal baggage is received without any control 
documentation or requirements.  At the discretion of the examining Customs 
inspector, a Temporary Admission Permit Form E29B may be issued to document 
the entry of a vehicle or tools into Canada to facilitate their 
re-exportation on termination of the stay in Canada.  A refundable deposit 
will be required in these cases. 
 
Security may be posted in the form of cash, certified check, or a bond 
acceptable to Canada Customs.  Checks are to be payable to the Regional 
Collector of Customs and Excise in Canadian funds.  U.S. currency and 
travellers checks may be accepted.  The amount will be adjusted to reflect 
the prevailing exchange rate. 
 
 
                                Display Goods 
 
Display goods classified under Harmonized System (HS) tariff number 
9819.00.00 may be temporarily imported free of duties and taxes.  Display 
 
 
goods are products which are intended for display including those products 
that form part of the entire display such as stands, tables, backdrops, 
decorations, display booths, tents, and other housings or coverings.  The 
length of time that the goods are in Canada must not exceed 180 consecutive 
days from the time the goods are imported. 
 
A brochure, "A Guide to Canada Customs for Meetings, Conventions, 
Exhibitions and Trade Shows of American Organizations," available from 
Tourism Canada, outlines entry requirements for all material brought into 
Canada for business meetings and conferences. The publication may be 
obtained from:  Tourism Canada, 235 Queen Street, Ottawa, Ontario, Canada 
K1A 0H6; Telephone:  (613) 954-3982. 
 
 
More detailed information on temporary entry in Canada is contained in 
"Temporary Importation Provisions for Canada."  (See Annex III, List of 
Publications.) 
 
                                A.T.A. Carnet 
 
The purpose of the A.T.A. (Admission Temporaire-Temporary Admission) carnet 
is to facilitate the temporary admission of certain goods.  With an A.T.A. 
carnet, payment of duties and taxes is guaranteed and no other security is 
required by Canada Customs.  The goods, however, must qualify for admission 
under the temporary importation legislation currently being applied by 
Canada Customs. 
 
Goods intended for processing or repairs are not allowed entry on a carnet. 
A carnet is valid for a maximum period of one year and cannot be extended or 
renewed. 
 
U.S. business persons can purchase carnets prior to departure.  An issuing 
fee of $120 and up is charged based on the value of the goods covered.  To 
secure a carnet, the exporter must provide an itemized list of merchandise 
and security in the amount of 40 percent of the total value of the 
merchandise listed.  Payment may be in the form of a certified check, an 
insurance bond, or a bank letter-of-credit.  Carnets can be obtained from 
the U.S. Council for International Business.  (See Annex I, List of 
Contacts.) 
 
The carnet document must be validated by U.S. Customs prior to the departure 
of the goods from the United States. 
 
Prohibited, Restricted, Controlled Goods 
 
Most imports from the United States are free from Canadian import 
restrictions.  However, under the Canadian Customs Tariff certain 
commodities cannot be imported, including oleomargarine, reprints of 
Canadian copyrighted work, and some game birds. 
 
Other goods are controlled, regulated, or prohibited under other government 
departments' legislation.  Examples of regulated goods include:  food 
products, clothing, drug and medical devices, hazardous products, some 
offensive weapons and firearms, endangered species, and motor vehicles. 
Under the CFTA, motor vehicles imported from the United States are no longer 
subject to the Customs' used vehicle prohibition.  A list of qualified 
automobiles can be obtained from Transport Canada, Vehicle Importation. (See 
Annex I, List of Contacts.) 
 
All importations of motor vehicles are subject to the requirements of the 
 
 
Motor Vehicle Safety Act.  Information regarding these requirements may be 
obtained by contacting Transport Canada, Road Safety and Motor Vehicles. 
(See Annex I, List of Contacts.) 
 
Some items are regulated under the Export and Import Permits Act and require 
an import permit or certificate to be eligible for importation into Canada. 
The Act lists various agricultural products, such as poultry and certain 
dairy products, a number of textile and clothing items, and certain steel 
products.  Goods originating in Haiti, Yugo-slavia, Iraq, and certain goods 
from South Africa cannot be imported.  Questions concerning the issuance of 
import permits or certificates and quota allocations should be directed to 
the De-partment of External Affairs, Export and Import Permits Bureau (see 
Annex I, List of Contacts). 
 
 
                     Labeling And Packaging Requirements 
 
Canada requires bilingual labeling (French and English) for most products. 
In general, all products and product literature sold in Quebec must be 
clearly marked in French. 
 
                       Consumer Packaging and Labeling 
 
Bilingual designation of the generic name on most prepackaged consumer 
products is required by the federal Consumer Packaging and Labeling Act. 
 
Under the act the following information must appear on the label of a 
consumer good sold in Canada: 
 
         The Product Identity Declaration describes a product's common or 
generic name, or its function.  The declaration must be in both English and 
French. 
 
         The Net Quantity Declaration should be expressed in metric units of 
volume, when the product is a liquid, gas, or is viscous; or in metric units 
of weight, when the product is solid; or by numerical count. Net quantity 
may be expressed in other established trade terms. 
 
         The Dealer's Name and Principal Place of Business where the 
pre-packaged product was manufactured or produced for resale.  In general, a 
name and address sufficient for postal delivery is acceptable.  The 
decla-ration should be in both English and French. 
 
Questions concerning the Act and subsequent regulations may be directed to 
Consumer and Corporate Affairs Canada, Consumer Products Branch.  (See Annex 
I, List of Contacts.) 
 
                     Quebec French Labeling Requirements 
 
The Province of Quebec requires that all pro-ducts sold in that province be 
labeled in French and that the use of French must be given equal prominence 
with other languages on any packages or containers sold in Quebec stores. 
 
The Charter of the French Language requires the use of French on product 
labeling, warranty certificates, directions for use, public signs, and 
written advertising.  Questions should be directed to the Office de la 
Langue Francaise, Public Relations Service.  (See Annex I, List of Contacts.) 
 
                          Country of Origin Marking 
 
 
 
Canada Customs requires an indication of the country of origin, such as 
"Made in the U.S.A.," on several classes of imported goods and on all 
printed matter.  Goods not properly marked cannot be released from Customs 
until suitably marked.  The goods can be marked, at the importer's expense, 
either on Canada Customs premises or on the importer's own premises under 
the supervision of Canada Customs.  For further information on country of 
origin marking requirements contact: Canada Customs and Excise, 
International Programs Division.  (See Annex I, List of Contacts.) 
 
NAFTA makes substantial changes to Canada's marking requirements. 
 
                            Weights and Measures 
 
Canadian regulations require that declarations of net content of all 
packaged consumer goods be stated in metric units in both English and 
French, although British or imperial units may also be shown. 
 
Most products may be packaged in random English measure size containers with 
the metric equivalents expressed on the label.  However, specified 
metrically dimensioned packaging is required for some products, chiefly 
foods, per-sonal care products, and detergents.  Tooth-paste, for example, 
may be marketed only in the following authorized sizes: 25, 50, 75, 100, 
125, or 150 ml and in increments of 50 ml beyond 150 ml. 
 
 
                            Labeling Legislation 
 
Three Canadian laws regulate product labeling and marking.  Information on 
these laws can be obtained from Consumer and Corporate Affairs Canada, and 
Agriculture Canada (See Annex I, List of Contacts). 
 
              Consumer Packaging and Labeling Act 
              Weights and Measures Act 
              Agricultural Product Standards Act 
 
 
                     Guidelines for Environmental Claims 
 
Under Canada's Consumer Packaging and Labeling Act and its Competition Act, 
environmental claims and representations concerning consumer products are to 
provide accurate and relevant information which allow comparisons to be made 
between products.  Accordingly, the Canadian Government agency charged with 
overseeing product labeling, Consumer and Corporate Affairs Canada, has 
released a set of guiding principles governing the use of environmental 
labelling and advertising.  Some of the guidelines concerning environmental 
claims are summarized in Annex V, Environmental Guidelines. 
 
Industry is responsible for ensuring that any environmental claims are 
accurate and are in compliance with relevant legislation.  In general, 
environmental claims that are ambiguous, vague, incomplete, misleading, or 
irrelevant and that cannot be substantiated through credible information 
and/or test methods should not be used.  In all cases, environmental claims 
should indicate whether they are related to the product itself or to the 
product's packaging materials. 
 
American firms seeking information or clarification of the regulations 
governing environmental claims should contact Consumer and Corporate Affairs 
Canada, regional offices. (See Annex I, List of Contacts.) 
 
                              Product Standards 
 
 
 
Canada's standards are not identical to those in the United States. This 
does not mean that Canadian standards are more or less stringent than those 
in the United States, merely that they are different.  Like the U.S. 
Government, the Canadian government is concerned with protecting its 
citizens from faulty or unsafe products. However, in delineating the precise 
technical specifications that are required to ensure that safety, the two 
countries often use slightly different standards. 
 
Under the aegis of the Standards Council of Canada(SCC), several private 
standards-writing organizations administer technical codes and standards for 
areas ranging from electrical and plumbing  products to health care 
technology. These organizations include: the Canadian General Standards 
Association, Underwriter's Laboratories of Canada, the Canadian General 
Standards Board, and the Canadian Gas Association. The Canadian federal 
government also has numerous commodity standards to safeguard the public 
welfare.  The standards organizations try to avoid duplication of 
responsibility, but there is some overlap. 
 
U.S. manufacturers and exporters should determine what standards are 
applicable to their products. If certification is required, it generally 
must be obtained before the goods are  imported into Canada. The process can 
be  time-consuming, therefore certification should one of the first steps 
taken in establishing an export market in Canada. 
 
Information on which standards or organization(s) administer standards 
applicable to the firm's product can be obtained from the Standards Council 
of Canada (see Annex I, List of Contacts). 
 
 
                           Standards and the CFTA 
 
Legitimate public policy objectives (i.e. protection of human, animal, or 
plant life or health; preservation of the environment; and protection of 
essential security interests) necessitate technical regulations and 
standards.  Since the purpose of technical standards is to promote safety, 
not discourage trade, both the U.S. and Canadian governments sought to 
minimize the trade distorting effects of standards in the CFTA. 
 
The basic CFTA rule is simple: standards must not create unnecessary 
barriers to trade. To reduce such barriers, the CFTA applies basic 
principles to bilateral trade: (1) testing facilities and certification 
bodies are treated in a nondiscriminatory manner; (2) federal standards 
related measures will be harmonized to the greatest extent possible; and (3) 
greater openness will be provided in the regulatory process. 
 
Greater standards compatibility removes structural barriers to the Canadian 
and U.S. markets and increases the competitiveness of U.S. and Canadian 
manufactures.  Significant progress toward greater compatibility between 
U.S. and Canadian technical standards is taking place under the aegis of the 
CFTA. 
 
Standards organizations in the United States and Canada continue to work 
cooperatively in the development of joint standards and have made progress 
in several areas. For example, the Air Conditioning and Refrigeration 
Institute (ARI) and the CSA have harmonized performance standards for air 
conditioners and heat pumps, packaged water chillers, and water-source heat 
pumps. Underwriters Laboratories (UL) and CSA have established common 
electrical safety standards for air conditioners, heat pumps, and 
refrigerant motor-compressors. 
 
 
 
During 1992, two U.S. testing and certification organizations, UL and the 
American Plywood Association (APA), received accreditation in Canada.  Also 
in 1992, CSA was officially recognized by the U.S. Occupational Safety and 
Health Administration (OSHA) as a Nationally Recognized Testing Laboratory. 
SCC and OSHA accreditations mean that U.S. manufacturers can gain product 
approval for both the United States and Canada from one source, thereby 
eliminating the time and expense of pursing separate certification for each 
market. Several other U.S. testing and certification organizations have 
accreditation applications pending before SCC. 
 
 
                              Standards & NAFTA 
 
The NAFTA strengthens CFTA technical standards obligations; expands coverage 
to include Mexico; sets up a committee on standards-related measures; 
establishes an Automotive Standards Council; identifies specific products 
for standards harmonization efforts through the creation of subcommittees on 
land transportation and telecommunications standards, and on labelling of 
textiles and apparel goods. 
 
 
 
                                 CHAPTER III 
 
SELLING SERVICES TO CANADA 
 
The service sector is a large and growing contributor to U.S. economic 
growth and job creation and is gaining prominence in international trade. 
The United States is the world's leading exporter of services with 
competitive telecommunications, aerospace, financial, software, and 
entertainment industries.  Trade in services is the fastest growing part of 
the U.S.-Canada commercial relationship, totaling an estimated $26.4 billion 
in 1992. 
 
Canada's $285 billion services market is both highly competitive and 
potentially lucrative for U.S. business and professional services providers 
who can offer expertise, experience, and flexibility to customer needs. 
U.S. firms may trade services directly such as through the sale of a 
computer software program or indirectly as an input into the production of 
goods.  For example, design and engineering services are major components of 
many large capital goods like aircraft engines and mass transportation 
systems.  Hence, many U.S. firms may not be aware that they already export 
to Canada.  Removal of tariffs under the CFTA will continue to spur U.S. 
exports to Canada, increasing the demand for services which support the 
production, sale, and distribution of goods. 
 
Services encompass a wide range of disparate business activities ranging 
from architecture and engineering to business related services such as 
advertising, franchising, and management consulting.  Canadian laws, 
regulations, and market considerations vary depending upon the services 
being sold.  As a general rule, few federal regulations govern the sale of 
services in Canada; most businesses and professional services are regulated 
at the provincial level.  In some instances, unless a U.S. professional, 
such as an accountant or engineer, is licensed to practice in a particular 
province, U.S. providers may need a Canadian partner to do business. 
Specific information on provincial licensing and certification requirements 
can be obtained from Canadian Provincial Ministries.  (See Annex I, List of 
Contacts.) 
 
 
 
 
                      Services Under the CFTA and NAFTA 
 
The CFTA guarantees U.S. companies the right to provide services in over 150 
service sectors on a non-discriminatory basis.  NAFTA goes beyond the CFTA 
by ensuring U.S. firms non-discriminatory access to virtually all service 
sectors, vastly improving accessibility to the Canadian service market. 
NAFTA also will eliminate existing federal barriers and remove citizenship 
or permanent residency requirements for licensing of professional service 
providers.  Under the CFTA (and NAFTA) services trade is governed by a 
comprehensive set of principles: 
 
         National treatment--assures U.S. service provides the same 
treatment in Canada that Canadian providers receive.  At the provincial and 
local level, national treatment means the best treatment given to any 
domestic service provider. 
 
         Most-favored Nation Treatment--assures U.S. service providers that 
they will receive treatment equivalent to the best treatment offered by 
Canada to service providers of any other country. 
 
         Prohibition on Local Presence Requirements--assures that service 
providers will not be forced to establish a local presence before they may 
provide a service. 
 
These principles grant CFTA/NAFTA service providers equal treatment and 
allow them to choose their preferred method of serving a market by 
eliminating requirements for service firms to establish local companies in 
order to do business.  As a result, U.S. firms may provide services on site 
in Canada or from their U.S.-based location. 
 
 
                          Citizenship Requirements 
 
Under NAFTA, the United States, Canada, and Mexico agreed to eliminate all 
citizenship requirements-including permanent residency (as defined by the 
Immigration and Naturalization Services) -- affecting the licensing and 
practice of professions within two years of entry into force of the 
Agreement.  "Professionals" are defined narrowly in the Agreement to include 
only those professions requiring post-secondary education and experience, 
e.g. lawyers, accountants, doctors, nurses, engineers.  In the United 
States, most citizenship requirements are enacted at the state level. 
 
The CFTA and NAFTA do not remove the need to comply with other relevant 
laws, regulations, or professional standards associated with offering a 
particular service.  For instance, professionals as defined above must 
obtain the appropriate license or certification necessary to practice their 
trade in a given locale. 
 
 
                Mutual Recognition of Professional Standards 
 
Both the CFTA and NAFTA encourage mutual recognition of professional 
standards and criteria for licensing and conduct of professionals.  U.S. 
architects are the first professional services sector to successfully 
complete reciprocity negotiations with their Canadian counterparts under the 
CFTA. 
 
In 1992, the two umbrella organizations responsible for overseeing 
architectural regulatory matters in the United States and Canada, the 
 
 
National Council of Architectural Registration Boards (NCARB) and the 
Committee of Canadian Architectural Councils (CCAC), ratified a system 
through which qualified architects from each country can be registered to 
practice in the other. 
 
The procedures, criteria, and standards established by the two regulatory 
authorities have been endorsed by both countries professional organizations, 
the American Institute of Architects and the Royal Architectural Institute 
of Canada.  Under the agreement, NCARB and CCAC accept each organization's 
education, training, and examination standards as equivalent. 
 
Once in place, the new reciprocity system will make "across the border" 
registration possible.  NCARB will act as a clearinghouse for architects 
seeking registration in either country.  If an architect's qualifications 
meet the jointly agreed criteria, NCARB will issue a certificate which then 
forms the basis for registration in the other country. 
 
Several other professions have undertaken similar initiatives.  For 
instance, U.S. and Canadian Consulting Engineers have concluded a Memorandum 
of Understanding between their respective regulatory and professional bodies 
to exchange information concerning education and accreditation requirements, 
codes of professional ethics and conduct, and other relevant practices which 
could affect the cross border movement of engineers.  In addition, the 
American Institute of Certified Public Accountants, the Canadian Institute 
of Chartered Accountants,and the National Association of State Boards of 
Accountancy have developed principles for reciprocity as a basis for future 
discussions toward a mutual recognition agreement. 
 
The U.S. and Canadian governments encourage private sector efforts to 
develop and adopt mutual recognition agreements that grant reciprocal market 
access to professional service providers.  Both governments will continue to 
offer assistance in developing such agreements as well as work to ensure 
their effective implementation with state and provincial governments.  Under 
NAFTA, U.S. and Canadian officials will work closely with the states and 
provinces to remove citizenship requirements affecting professional services. 
 
 
                            Taxation of Services 
 
Most services produced or consumed in Canada are subject to the GST.  Just 
as the GST is assessed on imported goods, services that are purchased 
outside Canada but imported and consumed in Canada are subject to taxation. 
However, assessment and collection of the GST differs substantially from 
that of goods. 
 
As a general rule, the Canadian customer is responsible for collecting and 
remitting GST on an imported service.  Only in limited circumstances do U.S. 
exporters need to assess or collect GST on the sale of services to Canada. 
 
Two factors determine whether U.S. exporters need be concerned with GST: (1) 
the use of the imported service and (2) the customer's registration status. 
 
If the Canadian customer is not registered with Revenue Canada to collect 
GST, or does not import the service for use exclusively in a commercial 
activity, the Canadian customer is required to remit the GST payable on the 
value of the service to Revenue Canada.  If the Canadian customer is a GST 
registrant who imports the service for use exclusively in a commercial 
activity, no GST is payable on the service.  The U.S. exporter is not 
responsible for collecting the GST in either case. 
 
 
 
In some cases, for instance, when part of a service is performed in Canada, 
the supplier may need to register with Revenue Canada and collect the GST 
regardless of the registration status of the customer.  For more information 
on the tax status of imported services into Canada or to request a copy of 
"GST Memorandum 300-9, Imported Services and Intangible Property," contact 
the Revenue Canada Excise office in Ottawa (see Annex I, List of Contacts). 
 
 
                 Checklist for Marketing Services in Canada 
 
To successfully market a service in Canada, service providers may need to be 
familiar with customs regulations, immigration procedures, provincial 
licensing requirements, and other factors affecting the smooth delivery of 
their service and associated products.  For instance, a U.S. management 
consulting firm conducting a study for a Canadian company may need to send 
personnel across the border to visit the client's location.  A tree trimming 
company clearing branches from power lines in Canada may need to take it's 
specialized equipment into Canada.  An appliance repair shop advertising in 
Canada  must calculate applicable duties and taxes before printing a price 
list. 
 
When marketing in Canada, U.S. service providers should consult the 
following checklist.  (A list of publications identified below can be found 
in Annex IV.) 
 
Business Travel:  The CFTA provides streamlined entry into Canada for 
American business persons engaging in professional activities. 
Professionals, such as scientists, accountants, engineers, agriculturists, 
lawyers, teachers, hotel managers, and management consultants, must have a 
baccalaureate degree or credentials demonstrating their standing as a 
professional.  Application for Professional status can be made at a Canadian 
visa office or at a port-of-entry. 
 
The applicant must present a letter from his/her Canadian or American 
employer or other documentation identifying the professional work to be 
done, the purpose of entry, and the educational background or credentials 
demonstrating professional status.  Professional standing may be supported 
by licenses, diplomas, degrees, certificates, or membership in professional 
organizations.  The CFTA provisions covering business travel remain 
unchanged by NAFTA.  Further Information on business travel for Business 
Visitors, Traders and Investors, and Intra-Company Transferees may be found 
in the publication, "Border Crossing Procedures Under the United 
States-Canada Free Trade Agreement" and on page , Business Travel In Canada. 
 
After-Sales Service Repair:  The ability to provide rapid and reliable 
after-sales service (installation, warranty, or maintenance) enhances the 
competitiveness of many U.S. products.  Personnel visiting Canada to provide 
after-sales service repair may qualify as a Business Visitor if the repair 
is being supplied as a part of the original contract to purchase the goods. 
 
Business Visitors entering Canada to provide after-sales service should 
comply with the following Canada Customs guidelines. 
 
         The traveler must show copies of the sales agreement and warranty 
or service agreement which support the purpose of entry. 
 
         The machinery, equipment, or computer software must be purchased 
from a seller outside of Canada, and the good must not be a product of 
Canada. 
 
 
 
         The traveler must possess specialized knowledge essential to the 
seller's contractural obligation.  Hands-on building and construction work 
is not considered specialized knowledge. 
 
         Installation includes setting-up and testing of the equipment or 
software; it does not include site preparation. 
 
Further information is available in the publication "U.S.-Canada Free Trade 
Agreement After-Sales Service and Repair Questions and Answers."  Canadian 
consulates should be consulted on individual cases (see Annex I, List of 
Contacts). 
 
Temporary Importation:  Many service providers use specialized equipment and 
supply products as part of their service.  Canada Customs has specific 
provisions for the temporary entry of certain goods.  Such goods may enter 
under an ATA Carnet or under Canada Customs Form E29B and may require either 
a refundable deposit or a proportional duty deposit.  (See Temporary Imports 
on page  for more information.)  However, some specialized equipment, motor 
vehicles, and other goods used in the supply of a service may be assessed 
duty and taxes on the full value of the good.  Service providers wishing to 
take their equipment with them into Canada should contact Canada Customs 
before departure to determine applicability of duty and taxes. 
 
NAFTA will allow duty-free entry of tools of the trade and professional 
equipment used by services providers who are covered by the business travel 
provisions of the Agreement. 
 
Government Procurement:  The Canadian Government purchases a wide range of 
goods and services.  Access to Canadian Government procurements is limited 
due to restrictive "buy national" policies of Canadian governments at all 
levels.  To date, purchases of  services, excluding those which are an 
incidental part of the purchase of the goods, have been excluded from market 
opening agreements such as the General Agreement on Tariffs and Trade (GATT) 
Government Procurement Code and the CFTA.  NAFTA is the first trade 
agreement to open government procurement markets for service providers.  If 
approved, NAFTA will open certain Canadian federal government procurements 
of services valued over $50,000 to free and fair competition between U.S., 
Canadian, and Mexican service providers.  Construction contracts let by 
specified federal government entities and specified federal Crown 
Corporations valued over $6.5 million and $8 million respectively will be 
open to U.S., Canadian, and Mexican companies on an equal basis.  Additional 
information on Canada's government procurement process can be found on page . 
 
 
                            Market Opportunities 
 
The following service sectors in Canada are expected to demonstrate high 
receptivity to U.S. exports over the next several years. 
 
Construction Services:  Canada's construction-related services industry is a 
global leader, posting a huge trade surplus and operating all over the 
world.  However, most Canadian firms are not integrated:  architectural 
firms rarely have an engineering capability; engineering firms rarely have a 
contracting capability. 
 
Federal government construction contracts are contracted through three 
purchasing agencies:  Public Works Canada, Defense Construction Limited, and 
the Department of Indian Affairs and Northern Development (see Annex I, List 
of Contacts). 
 
 
 
Management Consulting Services:  Although Canada maintains rigorous 
suggested standards of performance for consultants, certification to 
practice in Canada is not required by  federal or provincial regulations. 
American consultants offering specialized expertise not available in Canada 
and knowledgeable about binational issues, should find promising 
opportunities in Canada. 
 
American consultants usually operate in Canada through a subsidiary. 
Consultants without Canadian offices who cross the border to work may be 
disadvantage due to lack of familiarity with local markets. 
 
 
Advertising Services:  Despite the recession, the Canadian advertising 
industry grew during the early 1990's and is expected to continue to show 
strong growth through 1995.  U.S. advertising agencies have been present in 
Canada for years, because U.S. agencies have supplied Canadian subsidiaries 
of multinational firms with advertising for their English-Canadian as well 
as American customers.  Many Canadian firms contract for advertising 
production in the United States to cut costs and take advantage of technical 
sophistication.  Good opportunities exist for U.S. advertising agencies 
serving small Canadian retailers who are not currently being adequately 
served by the Canadian industry. 
 
Franchising:  Franchising is an increasingly attractive method of doing 
business in Canada, in part because no federal regulations restrict 
franchising.  Alberta is the only province to have established franchising 
legislation which stipulates that the franchise must be registered with the 
provincial securities commission.  Franchising is still considered to be 
relatively new but low-risk method of doing business in Canada.  The public 
perceives franchising as an unlimited opportunity. 
 
Canada is the dominant foreign market for U.S. franchisers, with 240 
franchise firms operating 11,182 franchise units.  A large proportion of 
franchise units are in convenience restaurants, non-food retail, convenience 
and food establishments, automotive products and services, and business 
services.  The steady growth in the Canadian market for franchises is 
expected to continue.  According to the Canadian Franchise Association 
(CFA), the best franchising prospects are for fast food shops which will 
continue to thrive as long as "two income" families are the mode in Canada. 
Do it yourself franchises also are expected to do well in the 1990's, as are 
franchises that make housekeeping and lawn care chores more convenient. 
 
For more information and assistance on franchising, contact the Canadian 
Franchise Association, the Federal Business Development Bank, and/or the 
International Franchise Association, a U.S. entity.  (See Annex I, List of 
Contacts.) 
 
Software:  Canada is an excellent market for U.S. software products, 
especially customized programs and off-the-shelf, prepackaged software. 
Systems integration also is a growing area of opportunity for software and 
service providers as Canadian mainframes are converted to accomodate the new 
open systems environment. 
 
Computer software programs stored on disks or other tangible medium and 
shipped to Canada are duty free but subject to 7% GST on the value of the 
program being sold.  Software is taxed somewhat differently than other 
services due to the fact that it crosses the border in the form of a 
tangible good.  Hence GST is payable upon entry of the software into 
Canada. 
 
 
 
In addition to the GST, sales of off-the-shelf, prepackaged software is 
subject to a 10% Canadian withholding tax.   Canadian customers normally 
deduct 10% from the invoice price on a purchase of imported software, remit 
this amount to Revenue Canada, and send the remaining payment (90% of the 
invoice amount) to the seller. 
 
U.S. exporters should be aware of this practice before making a software 
sale to Canada to avoid misunderstandings with their customer about the 
amount the seller is owed.  U.S. exporters may claim the amount paid to 
Revenue Canada on their U.S. corporate income tax return as a Foreign Tax 
Credit by filing IRS Form 1118. 
 
The United States and Canada are re-evaluating the status of prepackaged 
software sales to determine if these sales should be treated like the sale 
of a book, record, or other tangible products (for withholding tax purposes) 
rather than a licensed product. 
 
 
 
                                 CHAPTER IV 
 
GOVERNMENT PROCUREMENT 
 
The Government of Canada is an important customer for U.S. goods.  U.S. 
suppliers will find that selling to the Canadian federal government can 
result in reliable, well-defined, long-term contracts.   The CFTA opened up 
many new opportunities in the Canadian government procurement market for 
U.S. products. 
 
The CFTA applies to goods purchased by selected agencies of the Canadian 
federal government.  Purchases by most federal government departments are 
covered, with the exception of Transport, Communication, Fisheries and 
Oceans.  Non-defense products purchased by the Department of National 
Defense are covered by the CFTA; defense related acquisitions may or may not 
be covered.  Local and provincial government purchases are not covered, nor 
are service contracts, unless the services represent less than 50 percent of 
a proposed procurement for goods. 
 
These restrictions are the same as those which apply to contracts covered by 
the General Agreement on Tariffs and Trade (GATT) Government Procurement 
Code.  The CFTA, however, covers contracts valued from $25,000 to $171,000, 
while the GATT Code applies to large-scale contracts over $171,000. 
 
NAFTA extends the CFTA by opening more contracts to U.S. suppliers of goods, 
services, and construction contracts. 
 
NAFTA: 
 
 includes services and construction above specified dollar values, and 
 
 adds new federal entities and crown corporations. 
 
                             Procurement System 
 
The principle government contractor for goods in Canada is the Department of 
Supply and Services Canada (DSS), which acts as the central purchasing agent 
for all federal departments and agencies.  Public Works Canada (PWC) acts as 
the central purchasing agency for construction contracts for most, but not 
all, federal entities, and Defense Construction Limited (DCL) handles 
projects for the Department of National Defense. 
 
 
 
                           Procurement Information 
 
In 1990, DSS moved to a more open and competitive bid procedure for GATT 
Code-and CFTA-covered purchases.  Under the new procedures, U.S. companies 
no longer need to pre-qualify in order to submit a bid on a GATT Code or 
CFTA-covered procurement. 
 
Bidding on CFTA and GATT Code-covered procurement is straightforward, and 
U.S. firms generally report few problems with the procedures.  The bid 
package contains all of the specific information and product specifications 
required to submit a bid.  Companies requesting bid packages must specify 
the procurement of interest by citing the bid solicitation number listed in 
the notice. 
 
All proposed procurements, handled by DSS or other government agencies and 
subject to the CFTA or GATT Code, are published in Canada's "Government 
Business Opportunities" (GBO).  The GBO is published daily and contains 
information on government tenders and contract awards.  Subscriptions for 
"Government Business Opportunities" can be obtained from Canada 
Communications Group--Publishing.  (See Annex I, List of Contacts.) 
 
DSS no longer distributes bid packages to suppliers for open bidding 
procurements.  Rather, the Open Bidding Service (OBS) is the official 
distribution channel for all open bidding procurement notices and bid 
solicitation documents valued above $25,000 issued by DSS.  OBS is being 
expanded to include notices of other federal government departments and 
provincial government procurement organizations. 
 
To receive bid packages, suppliers must become subscribers of the OBS. 
Because OBS is the only source of bid documents, it is accessible to all 
suppliers with or without a computer link. 
 
Procurement notices are available on the OBS the same day they are printed 
in the GBO and are maintained in the system until five days before the bid 
closing date.  OBS offers two access methods; the fee charged for the 
service depends on the access method chosen by the subscriber. 
 
1)  OBS-Online Service subscribers are linked to the service using a 
micro-computer, modem, and telephone line.  Direct computer link provides 
access to the full directory of current DSS procurement opportunities, 
advanced contract award notices, inter-national opportunities, and contract 
award notices.  Subscribers can automatically request the bid package for 
any procure-ment which appears on the OBS screen. 
 
2)  OBS-Bid Request Line (OBS-BRL) subscribers do not require computer 
linkage with OBS.  Rather, subscribers may phone or fax their request for a 
bid package to the OBS directly.  However, OBS-BRL subscribers must know the 
solicitation number (as published in the OBS, GBO, or elsewhere) for the bid 
package in order to make a request.  BRL operators will not search the 
online service to locate a bid package for a subscriber.  A document 
surcharge is applied to bid packages, clarifications, or update requested 
through the OBS-BRL service. 
 
For more information or to subscribe to the  service, U.S. suppliers should 
contact the OBS-BRL.  (See Annex I, List of Contacts.) 
 
Notices of selected contracts covered by the CFTA and procurement subject to 
the GATT Code are included in the U.S. Department of Commerce's Trade 
Opportunities Program (TOP).  TOP leads are distributed electronically via 
 
 
the U.S. Department of Commerce Electronic Bulletin Board and are printed 
daily in leading commercial newspapers, such as the "Journal of Commerce". 
TOP leads are also available through the U.S. Department of Commerce 
district offices which are located in major cities in the United States. 
(See Annex II, List of U.S. Department of Commerce, U.S. and Foreign 
Commercial Service District Offices.) 
 
 
                                Bidding Hints 
 
The following are essential factors in the bidding process: 
 
 Time is critical.  Bids are generally open for 40 calendar days after the 
publication date.  The open time can be shorter in cases of emergency. 
 
 Make use of the fax number included in the notice to request bid packages. 
Bid package requests by mail can result in delays of up to two weeks for 
publication and mailing. 
 
 Bidders must be responsive to the product requirements specified in the bid 
package.  General bids for any procurements of specified products, or simply 
sending general product literature, will not be successful. 
 
 Price and technicial specifications are key considerations.  The Canadian 
government  is seeking to reduce a large federal budget deficit.  Hence, 
price matters. 
 
 Bid submissions are considered final.  On occasion, an opportunity is 
provided to negotiate a lower, competitive (best and final) offer. 
 
 
                           Additional Information 
 
Further information on selling to the Canadian Government is available in 
the pamphlet "Government Procurement Opportunities in Canada."  (See Annex 
III, List of Publications.) 
 
 
                                  CHAPTER V 
 
                             INVESTING IN CANADA 
 
                            Investment in Canada 
 
U.S. direct investment in Canada in 1991, which totalled an estimated $72.1 
billion 1, is higher than in any other country in the world.  The United 
States is Canada's principal supplier of foreign capital, accounting for 
well over half of all foreign direct investment. 
 
Investment is subject to national as well as provincial jurisdiction. 
Provincial restrictions on foreign investment differ but are largely 
confined to the purchase of land, whether for speculative or agricultural 
purposes, and to some financial intermediation.  Federal law requires that 
all foreign investment transactions be reported to Investment Canada, a 
federal government agency. 
 
 
                         CFTA Investment Provisions 
 
The CFTA includes the first bilateral investment agreement between the 
 
 
United States and Canada.  The Agreement reduces the screening of U.S. 
investments in Canada, eliminates most trade-distorting performance 
requirements, and provides security and guarantees for investors in both 
countries.  The CFTA Investment Chapter assures a more open and secure 
environment for foreign investment.  Investor rights in both countries are 
protected through assurances that new discriminatory barriers to investment 
will not be erected.  The CFTA provides the stable and predictable business 
environment needed to encourage investment by the private sector in order to 
realize the full economic gains available from free trade. 
 
Under the CFTA, the threshold for the review of U.S. direct acquisitions 
will remain at C$150 million as measured in constant 1992 Canadian dollars 
to prevent erosion by inflation.   Canada's "cultural" and energy industries 
are exempt from these CFTA investment provisions. 
 
                              Investment Regime 
 
The Canadian government liberalized its foreign investment regime in 1985 by 
abolishing the Foreign Investment Review Agency (FIRA) and replacing it with 
Investment Canada.  During FIRA's ten year existence, all direct foreign 
investment was subject to review, and Canadian government approval was not 
always easily obtained.  Investment Canada, however, actively  promotes 
Canada as a secure and profitable place to invest. 
 
Investment Canada no longer reviews (and pursuant to the CFTA potentially 
blocks) most new "greenfield" foreign investments and has ended reviews of 
acquisitions of most smaller and medium-sized businesses. Review of 
investments is maintained for certain activities that are related to 
Canada's "cultural industries." 
 
These activities are: 
 
 the publication, distribution, or sale of books, magazines, periodicals, or 
newspapers in print or machine readable form but not including the sole 
activity of printing or typesetting any of the foregoing; 
 
 the production, distribution, sale, or exhibition of film or video 
recordings; 
 
 the production, distribution, sale, or exhibition of music recordings; 
 
 the publication, distribution, or sale of music in print or 
machine-readable form; and 
 
 radio communication in which transmissions are intended for direct 
reception by the general public; all radio, television, and cable television 
broadcasting undertakings; and all satellite programming and broadcast 
network services. 
 
Foreign investment in these activities may require review if the Canadian 
government orders it within 21 days of the date when a completed notice of 
the investment is filed. 
 
For more information about Canadian government regulations on foreign 
investment contact Investment Canada.  (See Annex I, List of Contacts.) 
 
 
                            Business Organization 
 
The choice of the most appropriate form of business organization is 
 
 
dependent upon individual circumstances.  Business is carried on in Canada 
in forms similar to those in the United States.  Public or private 
corporations, partnerships, and sole proprietorships are all familiar forms 
of doing business in Canada. 
 
Foreign investors usually prefer to conduct their business in corporate 
form.  Initial operations are often carried on as a branch of a foreign 
entity.  However, a branch is not recognized by Canadian Customs as a legal 
entity capable of assuming liability for paying duties and importing goods. 
This could be a disadvantage in some instances. 
 
                           Incorporating in Canada 
 
Although the corporate form of organization is often used by foreign 
investors in Canada, a foreign corporation is not obligated to incorporate 
its operation in Canada. 
 
Corporations can be either federally or provincially incorporated. 
Incorporating in Canada is considered to be a relatively simple and 
inexpensive procedure and can be accomplished federally under the Canada 
Business Corporations Act (CBCA) or under one of the ten provincial 
corporations acts.  The general requirements are similar for both federal 
and provincial incorporation. 
 
Incorporating under the Canada Business Corporations Act permits a company 
to do business in all ten provinces, although separate registration to carry 
on business is still necessary in most of the provinces.  Incorporating 
provincially permits a firm to conduct business only in the province where 
the incorporation takes place.  However, a number of provinces have 
reciprocal agreements under which the registration requirement is waived. 
 
The federal and some provincial legislation requires that a certain portion 
of companies' directors be Canadian citizens and/or residents of Canada or 
the province.  A flat fee of C$500 is charged to incorporate federally. 
Fees vary among the provinces, depending in some cases on the authorized 
capital of the company to be incorporated.  About three weeks or less is 
generally required to process an application of incorporation once the 
requisite documents have been received.  Information on incorporating 
federally under the Canada Business Corpor-ations Act can be obtained from 
Consumer and Corporate Affairs Canada, Corporations Branch.  (See Annex I, 
List of Contacts.) 
 
 
                          Provincial Incorporation 
 
A company incorporated under the laws of one province must take out a 
license to do business in each of the other provinces in which it 
contemplates carrying on business.  An important exception is the reciprocal 
arrangement between the Provinces of Ontario and Quebec, whereby licensing 
requirements do not apply to a company incorporated in the other province. 
The Province of New Brunswick does not require registration of 
extra-provincial companies.   Information about the documents which must be 
submitted when applying for incorporation in one of the provinces may be 
obtained from the Canadian Provincial Ministries. (See Annex I, List of 
Contacts.) 
 
Companies applying for a provincial charter in Quebec must comply with the 
provisions of the Charter of the French Language.  (See page  Quebec French 
Language Requirements.) 
 
 
 
Since obtaining a provincial license involves practically as much expense as 
incorporating, many American firms prefer to incorporate under federal 
procedures.  In addition, Canadian profits are more easily segregated in a 
local corporation, and the determination of liability for Canadian and U.S. 
income taxes is facilitated. 
 
 
                          Extra-Provincial Company 
 
Registration as an extra-provincial company is generally required to do 
business in each of the Canadian provinces in which a foreign company 
establishes an office, shop, warehouse, or branch plant.  However, some 
provinces define "carrying on business" more broadly than others.  A foreign 
corporation is required to take out a license and pay a fee in each province 
in which it is deemed to be carrying on business. 
 
Whether or not to obtain a license in a Canadian province to do business as 
an extra-provincial company rather than to incorporate federally will depend 
on the nature, extent, and duration of the anticipated business activities. 
For example, where the company's business activities can be conducted 
through a small sales office in one province without the necessity of 
opening an office in other provinces, registration as an extra-provincial 
company may be a suitable method of operation. 
 
                             Sole Proprietorship 
 
An individual may, subject to various formalities and licenses that may 
apply to specific types of activities, create or purchase a business without 
the necessity of registering or executing similar legal formalities. 
However, Quebec is an exception to this rule.  In Quebec an individual must 
register if married, to indicate his/her marital status.  The owner has the 
sole responsibility for the operations in which engaged. In settlement of 
obligations, not only business assets but also personal goods and property 
may be attached. 
 
Where an individual elects to trade under a business name other than one's 
own or to add "and company" or similar words to his/her own, registration is 
necessary and involves disclosure of the name, address, and occupation of 
the individual concerned. 
 
                                 Partnership 
 
A partnership may be formed under the laws of the several provinces to 
conduct commercial, manufacturing, and mining activities, but not banking, 
insurance, or any public utility. 
 
 
The types of partnerships and the general principles relating to the rights 
and liabilities of partners are broadly similar to those applying under 
English or American law.  Partnerships are subject in all the provinces to 
registration requirements, which in general involve the filing of a 
declaration signed by all the partners.  The declaration gives the names and 
addresses of each partner, the firm's name, and a description of the 
character of the business. 
 
The place of registration varies but is most frequently the registry office 
of a county or district court.  Before entering into a partnership specific 
local requirements should be researched. 
 
                            Investment Incentives 
 
 
 
Most federal and provincial incentives are designed to attract manufacturing 
companies to areas of slow economic growth, increase employment, facilitate 
research and development, and update plant and equipment.  Canadian and 
foreign firms are treated alike under most incentive programs. 
 
Financial assistance is available to industry in the form of grants, 
forgivable loans, loans at favorable interest rates, loan guarantees, and 
loans providing for long-term repayment schedules that accommodate a 
company's cash-flow pattern.  Non-monetary help--such as statistical 
information, advice, support for trade missions abroad, sponsorship of trade 
fairs, and various other arrangements for facilitating contacts between 
Canadian sellers and foreign buyers--is also available. 
 
 
                            Investment Incentives 
 
For listing of investment incentive programs, see "Assistance to Business in 
Canada", published by the Federal Business Development Bank.  Information is 
also available from the Government of Canada, Industry, Science, and 
Technology Canada, Business Center. (See Annex I, List of Contacts.) 
 
 
                     Quebec French Language Requirements 
 
Firms established or operating in the province of Quebec must comply with 
the requirement of Quebec's Charter of the French Language, which made 
French the official language of the province. 
 
The Act's provisions of greatest interest to a firm contemplating operations 
in Quebec are, the following: 
 
 French is the official language of labor relations.  Employers must use 
French in communications intended for employees, as well as in offers of 
employment and promotion. 
 
 A company must earn a certificate that it has adopted a program to increase 
the use of French in its business. 
 
 A company applying for a provincial charter must state its company name in 
French, although an unofficial English version may accompany it. 
 
 Except for certain specific cases, detailed in the regulations, products 
must be labeled in French. (See Quebec French Labeling Requirements.) 
 
A representative from the Office de la Langue Francaise will work with 
companies to develop a plan to comply with Quebec's language plans.  (See 
Annex I, List of Contacts.) 
 
                     Foreign Ownership of Real Property 
 
Aliens may acquire, hold, and dispose of real and personal property in the 
same manner as a Canadian citizen, with certain exceptions.  Foreign 
investment is restricted in some areas--such as finance, information, media, 
transportation (including coastal shipping and aviation), certain types of 
commercial fishing, and some kinds of professional activities.  Under the 
Broadcasting Act, a license to operate a broadcasting station or permission 
to operate a network of stations can only be granted to Canadian citizens. 
 
Various provinces have their own regulations in the areas of liquor 
 
 
distribution and real estate and professional services.  Each province sets 
its own requirements regarding the ownership of real estate by nonresidents, 
including foreigners. 
 
 
                     Provincial Real Estate Regulations 
 
Alberta limits the sale of Crown land to Canadian citizens or to 
corporations having 75% or more Canadian ownership.  However, some small 
parcels of land may be sold for commercial and industrial purposes to 
persons who are not Canadian citizens or to corporations having less than 
75% Canadian ownership. 
 
The province restricts the sale of agricultural and recreational land to 
non-Canadians, non-permanent residents, and foreign-controlled 
corporations.  Such persons and corporations cannot acquire more than two 
parcels of controlled land totalling 20 acres.  Mineral rights and the land 
within the boundaries  of cities, towns, villages, and summer villages are 
not controlled.  Lands transferred pursuant to a will or otherwise on death 
are uncontrolled.  However, trusts cannot be used to circumvent the 
restrictions. 
 
In British Columbia, disposition of provincial Crown lands must be to 
persons who are Canadian citizens.  Only leasehold interests can be acquired 
in lakefront and grazing lands.  Other classes of Crown lands can be 
obtained on a fee simple basis.  No regulations restrict  the purchase of 
private land. 
 
In Manitoba, disposition of Crown land can be made only to Canadian citizens 
resident in Manitoba.  The sale of agricultural land is restricted to 
persons resident in Manitoba.  The province bars nonresidents and foreign 
controlled corporations from acquiring more than 20 acres of agricultural 
land. 
 
New Brunswick's Crown lands are sold only at public auction and are 
generally small isolated lots.  No regulations prohibit the sale of private 
land to foreigners. 
 
In Newfoundland and Labrador, no regulations restrict the acquisition of 
public or private land. 
 
 
In Nova Scotia, no Crown land is available for sale.  No regulations 
restrict private land acquisition, but nonresidents must make a declaration 
of land holdings to the provincial government. 
 
Ontario does not maintain residency or citizenship restrictions on the sale 
or lease of public lands.  Ontario has no restrictions on the acquisition of 
private land in the province, but different tax rates apply to private land 
transfers involving nonresidents. 
 
Prince Edward Island has very little public land for disposition, and sales 
to nonresidents, corporate or otherwise, must be approved by the provincial 
Cabinet.  Sale of land, when available, is advertised by public tender.  The 
province limits the amount of land that any nonresident (including Canadians 
from other provinces) may acquire. 
 
Quebec has no restrictions on the purchase or lease of public lands. 
However, certain provincial statutes apply to the transfer of land to 
nonresidents.  For instance, the Act to Preserve Agricultural Land and the 
 
 
Act Governing the Acquisition of Farm Land by Nonresidents, require official 
approval of purchases of agricultural land by nonresidents. 
 
Saskatchewan has established regulations controlling the sale of farm land 
to nonresidents.  For example, the province limits forest management license 
agreements to companies incorporated under the laws of the province. The 
province also limits the amount of agricultural land that may be acquired by 
nonresidents of Saskatchewan and by non-agricultural corporations that are 
not majority owned by resident farmers. 
 
In the Northwest Territories and the Yukon Territory, no regulations 
restrict the sale of federal and private lands to nonresidents.  However, 
agricultural, recreational, and residential land under the control of the 
Commissioner for Yukon Territory may not be sold to nonresidents. 
 
 
                                  Taxation 
 
Taxes are levied by federal, provincial, territorial,and municipal 
authorities.  Federal taxes are levied on income and capital gains and 
include value-added-taxes, excise and sales taxes, and customs duties. 
 
Federal taxes are imposed under the authority of the Federal Income Tax Act 
and related statutes and regulations.  Although all the provinces and the 
two territories have their own tax legislation, most provincial taxes are 
administered and collected by the federal government.  The Province of 
Quebec, however, administers its own tax system for both individuals and 
corporations.  Alberta and Ontario have independent corporate tax systems 
only, with other taxes collected by the federal government. 
 
 
                           Goods and Services Tax 
 
 
The Canadian government replaced its Federal Sales Tax (FST) with a more 
broadly-based Goods and Services Tax (GST) on January 1, 1991.  The GST is a 
value-added-tax (VAT) similar to those found in most European countries. 
The GST, of 7 percent, is imposed on most goods and services consumed in 
Canada.  The tax is not applied to exports, since they are not destined for 
consumption in Canada. 
 
Since the GST is a value-added-tax, manufacturers and businesses in the 
distribution chain pay tax only on the value they add to the product or 
service.  Only the final consumer bears the full effect of the tax.  Unlike 
consumers, businesses in the production and distribution chain get tax 
credits for the GST they paid in the manufacture or acquisition of the 
product. 
 
Goods and services exempt from the GST, in addition to exports, are basic 
groceries, prescribed medical devices and drugs, most agricultural and fish 
products, and certain major purchases by farmers and fishermen.  Most 
educational services, most financial services (including insurance), health 
and dental care services, daycare services, and long-term residential rents, 
are also exempt from GST.  More information on the GST may be obtained by 
contacting Revenue Canada, Excise office (See Annex I, List of Contacts.) 
 
 
                        Federal Corporate Income Tax 
 
A corporation resident in Canada is taxed on its income earned both within 
 
 
and outside of Canada.  This includes profits from all business and property 
and one-half of capital gains net of losses.  Deductions are permitted.  A 
corporation that is not resident in Canada is taxable on the income that it 
derives from carrying on business in Canada, as well as on the interest, 
dividends, and royalties received from residents in Canada. 
 
The tax status of a corporation depends on its classification.  The company 
can be either a private corporation, a public corporation, or a 
Canadian-controlled private corporation.  A public corporation is resident 
in Canada or has its shares listed on a Canadian stock exchange.  A private 
corporation is one that is resident in Canada and not controlled by a public 
corporation.  A Canadian-controlled private corporation is one that is 
resident in Canada and is not controlled in any way by nonresidents or by 
public corporations.  A Canadian corporation (either public or private) is 
one that is both resident in Canada and either incorporated in Canada or 
resident in Canada continuously since June 17, 1971. 
 
                             Corporate Tax Rates 
 
The basic federal tax rate is 28 percent.  The federal manufacturing tax 
rate is 23 percent.  The federal tax rate on the first C$ 200,000 of taxable 
income by small businesses  is 12 percent, with no distinction between 
manufacturing and nonmanufacturing. 
 
Canada permits a capital cost allowance (CCA) for manufacturing machinery 
and equipment.  Since January 1, 1988, the CCA rate has been 25%, applied on 
a declining-balance system.  A CCA claim can be made when an asset is 
"available-for-use." 
 
Investment tax credits (ITCs) are provided as an incentive to investment in 
specific regions or sectors of the economy.  The ITCs are:  15 to 45 percent 
for investment in certain types of buildings, machinery, and equipment in 
the Atlantic region; 20 to 35 percent for expenditures on scientific 
research and experimental development; and  25 percent, for certain oil and 
gas exploration expenditures in excess of C$5 million. 
 
 
                         Federal Personal Income Tax 
 
Individuals resident in Canada are taxed on their world income, minus 
allowable deductions.  Nonresidents are subject to income tax on income from 
employment or business carried on in Canada and on one half of capital gains 
earned from the disposition of taxable Canadian property, such as real 
estate.  The nonresident also is subject to a withholding tax on most 
investment income, royalties, and management fees received from Canadian 
sources. 
 
Individuals, like corporations, may deduct a credit from federal income tax 
for foreign taxes paid.  This credit is restricted to 15 percent of the 
taxable income to which it applies.  If the foreign tax exceeds this 
ceiling, the excess may be taken as a deduction in computing taxable 
income.  Other deductions, similar to those allowable under U.S. tax laws, 
may be taken by individuals filing federal income tax. 
 
 
                       Provincial Corporate Income Tax 
 
Each province taxes the income of corporations doing business within its 
borders.  The provincial corporate tax policies generally follow federal tax 
policy, with the exception of some provincial incentive programs. 
 
 
 
The provinces of Alberta, Ontario, and Quebec administer their own corporate 
tax systems.  The federal authorities administer the tax systems of the 
other provinces. 
 
In general, the taxable income earned by a corporation is allocated to those 
provinces in which it maintains a permanent presence.  The allocation of 
income to provinces for taxation purposes is done by formula.  Thlevy a 
capital tax.  Newfoundland levies a capital tax on financial institutions 
only.  This tax is computed using a formula similar to that for income tax; 
the tax is levied on that portion of capital allocated to a province.  This 
tllowed as a deductible expense for corporate income tax purposes. 
 
Other provincial taxes are levied on logging and mining operations. 
Employers in Manitoba are required to pay a special tax for health and 
education, equal to 1.5 percent of total employee compensation. 
 
 
                       Provincial Personal Income Tax 
 
All provinces and the two territories tax the income of individuals living 
within their boundaries which is earned from a permanent business 
establishment within the province. 
 
For all provinces except Quebec, the federal government administers and 
collects provincial personal income taxes at rates that are a percentage of 
the federal income tax.  In Quebec, the income tax is collected by the 
province.  Individuals filing tax returns in Quebec must, therefore, file 
both a provincial and a federal return. 
 
 
                            Provincial Sales Tax 
 
All provinces, except Alberta, levy a sales tax, ranging from 4 to 12 
percent, on most items including services.  In some provinces, a sales tax 
refund is available when goods are exported from Canada or, in some cases, 
from the province.  The following table identifies the provincial tax rates 
and coverage. 
 
 
                            Provincial Sales Tax 
 
Province               Rate      Coverage 
 
British Columbia       6%        Goods only 
 
 
Manitoba               7%        Goods and some services 
                                 (telecommunications, lodging, repairs and 
                                 cleaning of personal property, processing 
                                 or installation of personal property); 
                                 other services exempt 
 
 
New Brunswick          11%       Goods and services (repairs, maintenance 
                                 contracts); other services exempt 
 
 
Newfoundland           12%       Goods and services 
 
 
 
 
Nova Scotia            10%       Goods and services (repair or installation 
                                 of tangible personal property); other 
                                 services exempt 
 
 
Ontario                8%        Goods and services; different rates apply 
                                 for some services (accom-modations 5%, 
                                 alcoholic beverages 10%) 
 
 
Prince Edward          10%       Goods and services (services Island on 
                                 tangible personal property); other services 
                                 exempt 
 
 
Quebec                 8%/4%     Goods are taxed at 8%, services at 4%; 
                                 financial services are exempt 
 
 
Saskatchewan           8%        Goods and some services 
                                 (telecommunications, electricity, 
                                 accom-modations, software, warranties, 
                                 water); other services exempt 
 
 
                               The Labor Force 
 
The Canadian labor force totals about 14 million people.  Details on 
employment, hours, and wages in Canada, the provinces, and major population 
centers are available on a monthly basis in  "Employment Earnings and Hours" 
(Statistics Canada catalogue number 72-002; see Annex I, List of Contacts.) 
 
 
                            Payments and Benefits 
 
The provincial governments and the two territories have jurisdiction over 
labor and employment matters such as industrial relations, minimum wages, 
and hours of work.  Most jurisdictions have enacted some form of equal pay 
legislation, normally equal pay for equal work.  However, laws in Quebec, 
the Yukon Territory, and the federal jurisdiction provide for equal pay for 
work of equal value, and those in Manitoba, New Brunswick, Nova Scotia, 
Ontario, and Prince Edward Island provide for pay equity.  In addition, 
Newfoundland has adopted an administrative policy (without enacting 
legislation) which provides for pay equity in its public sector.  (Note: 
Pay equity is very similar to the "comparable worth" principle established 
in parts of the United States.) 
 
In all provinces, a workmen's compensation fund is established with 
contributions from employers.  This fund is administered by provincial 
authorities.  The level of employers' contributions is related to the hazard 
of the particular industry.  The specific rate is fixed by the Workmen's 
Compensation Board of each province. 
 
The Federal Unemployment Insurance Act of 1971 provides for unemployment 
insurance.  The Unemployment Insurance Commission determines the rate of 
contributions by employers and employees. 
 
The Trade Union Acts and Labor Relations Acts of the various provinces 
regulate industrial relations.  The Canada Labor Code regulates industrial 
 
 
relations at the federal level.  These acts are all administered by labor 
relations boards and regulate the activities of trade unions, employer 
associations, collective bargaining, and similar groups. 
 
                            Employment of Aliens 
 
Except for certain areas of the Canadian civil service and for certain 
professions, Canadian citizenship is not usually a requirement for 
employment.  However, an individual must apply for landed immigrant status 
whenever employment is other than of a very temporary nature. 
 
An American firm desiring to send supervisory and technical employees to 
Canada for permanent employment to perform labor or service of any kind 
should secure employment visas in advance from Employment and Immigration 
Canada.  (See Annex I, List of Contacts.) 
 
Applications for employees to enter should be accompanied by information 
concerning the nature of the product, the number of personnel entering 
Canada, the need for their services, date and place of entry, the length of 
stay, and the number of Canadian personnel to be employed on the project. 
For non-U.S. citizens, evidence of their readmissibility into the United 
States is necessary. 
 
Before an employment visa can be issued, the prospective employer in Canada 
must obtain clearance from the nearest Canada Manpower Center.  Such 
authority is limited to 12 months.  Requests for extension will be 
considered. 
 
If authorization of employment is granted, the prospective employee will be 
notified by the employer to contact the nearest Canadian Employment and 
Immigration Section in the United States concerning an interview and any 
medical requirements that may apply. 
 
Authority to accept a definite offer of a specific temporary job may be 
given only if no Canadian citizen or permanent resident of Canada is 
available.  Temporary entry is granted to those who can be used to Canada's 
advantage and whose employment will create added employment for Canadians. 
 
Under the CFTA, a U.S. company can send its manager, executive, or employee 
with specialized knowledge to work temporarily in its subsidiary or 
affiliate in Canada.  The Intra-Company Transferee must apply for an 
Employment Authorization either at a Canadian Consulate or at the border. 
Information on how to apply for the Employment Authorization and how to 
qualify as an Intra-Company Transferee can be found in U.S. Department of 
Commerce publication "Border Crossing Procedures Under the United 
States-Canada Free Trade Agreement."  (See Annex III, List of Publications.) 
 
 
                                 CHAPTER VI 
 
                            THE CANADIAN ECONOMY 
 
                            Product Distribution 
 
                               Import Channels 
 
Channels for importing into Canada vary according to the commodities 
involved.  Industrial equipment of considerable size and value is usually 
purchased directly by the user.  Smaller equipment and industrial supplies, 
on the other hand, are frequently imported by wholesalers, acting in some 
 
 
cases as exclusive distributors, or by U.S. manufacturers' sales 
subsidiaries.  U.S. firms often prefer to appoint manufacturers' agents who 
regularly call on potential customers. 
 
The importance of department stores, mail-order houses, and cooperative 
purchasing organizations as direct importers has been growing rapidly.  Many 
of them have their own purchasing agents in the United States. 
 
Many major distributors expect to work on a two-tier commission basis.  For 
contract shipments, agents are offered a realistically low commission, but 
they receive a higher rate when purchases are made from the local agent's 
own stocks. 
 
Consumer goods are purchased by importing wholesalers, department stores, 
mail-order houses, chain stores, wholesalers' and retailers' purchasing 
cooperatives, and many large, single-line retailers.  Manufacturers' agents 
also play an important role in the importation and distribution of consumer 
goods. 
 
Over the past several years, millions of Canadian consumers have poured 
across the U.S. border to shop at low cost retail outlets in an effort to 
avoid higher prices at Canadian retail establishments for gasoline, 
groceries, and other consumer goods. 
 
Given the close proximity of the majority of Canada's population to the 
United States (80 percent of Canadian citizens live within 100 miles of the 
United States), most Canadian shoppers are "day trippers" who spend less 
than 24 hours out of the country. 
 
According to Statistics Canada same day car trips into the United States in 
1991 numbered over 60 million.  This means that Canada's entire population 
of 27 million, made an average of over two shopping trips to the United 
States in 1991. 
 
Economic factors fueling this trend include the recession, introduction of 
the 7 percent Goods and Services Tax in 1991, and a strong Canadian dollar. 
However, cross border shopping is also viewed within Canada as a symptom of 
the Canadian retailer's  overall non-competitiveness.   In addition to lower 
prices, cross border shoppers cite the lack of selection and convenient 
shopping hours at Canadian retail stores among their reasons for heading 
south to shop. 
 
In 1992, the Canadian government introduced a package of measures to curb 
the outflow of shoppers to the United States and boost Canada's retail 
industry.  The measures included a reduction of duties on a variety of 
consumer goods which allow retailers to offer lower prices; a lowering of 
the duty and tax exempt amount on mail order purchases from C$40 to C$20; 
and an offer by the federal government to collect provincial sales taxes on 
items purchased in the United States if the provinces harmonize their tax 
base with the federal GST. 
 
                           Distribution Practices 
 
In spite of Canada's vast size, sales to Canadian industries are 
characterized by short marketing channels with direct producer-to-user 
distribution of primary importance.  Many Canadian industries are dominated 
by a few large-scale enterprises that are highly concentrated 
geographically.  In many cases, 90 percent or more of the prospective 
customers for an industrial product will be located in or near two or three 
cities.  Canada's consumer goods market is more diffused than its industrial 
 
 
market.  The use of marketing intermediaries is prevalent.  In many cases, 
complete coverage of the consumer market requires representation in a number 
of commercial centers across Canada.  Regional representation is often 
considered best. 
 
Toronto, the largest metropolitan area and considered the most central 
distribution point, is usually the logical place for single representation. 
If the country is to be divided into two markets, the natural division 
between east and west is on the western shore of Lake Superior at Thunder 
Bay, Ontario.  The distribution center for Eastern Canada is Toronto and/or 
Montreal.  For Western Canada, a logical distribution center would be 
Calgary or Vancouver. 
 
If three market areas are considered, Quebec and the Atlantic Provinces 
would comprise the first, with a distributor in Montreal; Ontario the 
second, with a distributor in Toronto; and the four western provinces the 
third, with a distributor in Vancouver. 
 
For U.S. firms located in the West or the Midwest and making first contacts 
in the Canadian market, a representative in Western Canada may be 
advantageous.  These firms should be able to offer faster service and lower 
transportation and handling costs than competition located in Eastern 
Canada.  Complete coverage in the Prairie Provinces requires a distributor 
with contacts in Winnipeg, Manitoba; in Regina or Saskatoon, Saskatchewan; 
and in Calgary or Edmonton, Alberta, as well as in Vancouver, British 
Columbia. 
 
Equipment manufacturers contemplating entering the Canadian market should 
seek local representation with service capability, considering the size and 
geographic diversity of the Canadian market.  An exclusive agent located in 
one area may not be able to properly service the market in more distant 
provinces. 
 
                              Wholesale Trade 2 
 
The wholesale trade industry consists of two types of firms: 
 
 wholesale merchants, who are primarily engaged in buying merchandise for 
resale to retailers; industrial, commercial, institutional, farm, or 
professional business users; trade contractors; and other wholesalers; and 
 
 firms that act as agents and brokers in buying or selling merchandise on a 
commission basis. 
 
The industry is widely dispersed across Canada.  The distribution of sales 
is closely linked to the geographic location of population and industry. 
Ontario, with 45 percent of total wholesale sales, is the largest market, 
followed by Quebec at 23 percent, and the Prairies at 17 percent.  In 1988, 
over 66,000 wholesale establishments recorded $227 billion in sales. 
 
 
                               Retail Trade 3 
 
In 1989, retail trade in Canada exceeded $150 billion annually.  The size of 
retail firms varies greatly.  The majority are small, owner-managed 
businesses, but the largest firms have the major share of sales. 
Historically, over 90 percent of all retail firms have annual sales under 
$1.7 million.  These firms generated a third of total retail sales, while 
the large retailers were responsible for two-thirds. 
 
 
 
The department store and food sectors are dominated by chains with annual 
sales ranging from one billion to several billion dollars.  A growing number 
of specialty chains have annual sales in the hundreds of millions of 
dollars; some have reached sales of a billion or more. 
 
 
2  Source: "Industry Profile Wholesale Trade", 1990-91, Industry Science and 
Technology Canada, Communications Branch (See Annex I, List of Contacts). 
 
3  Source: "Industry Profile Retail Trade", 1990-91, Industry Science and 
Technology Canada, Communications Branch (See Annex I, List of Contacts). 
 
Retail businesses are located in all regions of Canada; regional 
distribution of sales and employment is closely tied to the size, density, 
and income of the population.  In 1989, the two most populous provinces, 
Quebec and Ontario, accounted for the majority of retail sales, with 25 
percent and 38 percent, respectively, of Canada's total.  The western 
provinces account for 29 percent of retail trade, and the Atlantic provinces 
about 8 percent. 
 
Although traditionally a domestically oriented industry, retailing is now 
international.  Canadian retailers are engaged in foreign expansion 
activities, franchising, exporting, and importing.  Major retailers are 
involved in exporting and importing "product of own manu-facture" and 
private-label products supplied both to stores they own and to other stores. 
 
Department stores and supermarkets have continued to maintain large shares 
of retail business.  However, as in the United States, they are faced with 
increasing competition from discount food stores, showroom retailing, and 
other forms of self-service retailing. 
 
The Canadian retail industry is following the successful U.S. trend to 
larger stores offering a wider variety of products and services.  Retailers 
in such sectors as food, drugs, electronics, and home improvements have 
invested in large warehouse or discount outlets to increase sales and market 
share.  These adjustments also are being driven by the demands of an 
increasingly particular clientele.  Affluent middle-class customers are 
getting older and demanding better service. 
 
The demand for consumer goods has been greatly influenced by the  rising 
levels of education and standards of living.  With a large proportion of the 
population at the prime age for the formation of families, products to meet 
their many and varied needs are in great demand.  Notably, purchases of 
consumer durables are continuing to rise as a share of total consumption. 
 
Changes in attitude toward ownership, travel, and leisure are creating 
large, specialized markets for recreation and leisure equipment and 
associated services.  Design, fashion, and quality are  important in selling 
consumer products. 
 
                              Mail Order Sales 
 
Mail order sales in Canada are big business.  In fact, Canadian consumers 
purchase more goods through the mail, per capita, than their American 
counterparts.  For many companies, tapping into this market can be as easy 
as placing an ad in a magazine.  In general, Canadian audiences are targeted 
using the same techniques that are used in the United States.  However, 
shipping goods to Canadian customers involves additional preparation. 
 
When mailing goods into Canada, properly completed paperwork will ensure 
 
 
that goods reach their destination without delay.  For most mail order 
shipments, the only paperwork needed is a standard business invoice.  When 
completing the invoice two elements are critical: 1) the description of 
goods and 2) the value of the goods.   The exact amount paid by the customer 
for the goods should be indicated, and the currency used should be stated 
(U.S. or Canadian dollars).  If the goods are shipped on a no-charge basis 
(samples or demos), the price that would have been charged if the goods were 
sold must be shown.  Two copies of the invoice should be attached to the 
outside of the package.  Unlike shipments within the United States, 
shipments to Canada may be subject to customs duties and taxes.  Whether 
shipping via the U.S. mail or a private firm, these additional charges are 
almost always paid by the Canadian customer. 
 
Duties and taxes are not charged on a product when the value of the shipment 
is under $20 Canadian (approximately US$17).  Nevertheless, a fully 
completed business invoice must accompany the package.  On shipments worth 
more than C$20, duties and taxes are applied to the full value of the goods. 
 
Duties for a specific product are determined by the type of product and the 
country of origin.  Although duties are paid by the customer, exporters 
should be aware of the final cost to their customers to evaluate their price 
competitiveness. 
 
In addition to duties, nearly all shipments to Canada valued at over C$20 
are subject to the Goods and Services Tax (GST).  (See page  for a more 
detailed explanation of GST.) 
 
Canada Post (the Canadian Postal Service) charges a C$5 dollar processing 
fee on all packages that owe duty or tax. Since nearly all items owe at 
least the 7 percent GST, the practical effect of this measure is to increase 
the cost of all mail order shipments into Canada by C$5.  The fee is paid by 
the Canadian customer at the same time that duty and tax is paid.  The U.S. 
Postal Service maintains a similar US$5 processing fee on dutiable imports. 
 
Mail order companies can avoid having the C$5 fee assessed to their 
customers by registering to collect Canadian duties and taxes themselves. 
Companies registering with Revenue Canada will be required to prepay duties 
and taxes monthly.  Companies can also arrange to put up a bond in the 
amount of estimated duties and taxes. 
 
Additional information on mail order rules is available in the U.S. 
Department of Commerce publication, "Mail Order Sales to Canada."  (See 
Annex III, List of Publications.) 
 
 
                       Quotations and Terms of Payment 
 
Although terms vary from one industry to another and among trading channels, 
U.S. manufacturers exporting to Canada generally give a discount for cash 
purchases of 1 or 2 percent of the invoice if paid within 10 days.  U.S. 
firms exporting to department stores tend to offer 8.5% to 10% cash 
discounts for settlement within 10 days.  These terms are chiefly for 
ready-to-wear items. 
 
The disposition of charges on export collections or letters of credit 
through normal banking channels should be resolved between the exporter and 
the buyer at the time of sale.  Foreign buyers will often accept these 
charges.  However, an unexpected bill may cause irritation and, if there has 
been no prior consent to the charge, the foreign buyer has the right to 
refuse to pay.  When this happens, banks are entitled to deduct the 
 
 
collection charges from the remittance under the terms of the Uniform Rules 
for the Collection of Commercial Paper developed by the International 
Chamber of Commerce. 
 
 
                               Transportation 
 
Canada's transportation systems are highly developed.  Canada's most 
important means of transportation for freight and bulk goods is its 
railways; however, long distance trucks now carry a substantial share of all 
merchandise. 
 
 
                                  Railways 
 
Railways are Canada's principal means of transport.  The two great 
transcontinental systems, the Canadian National Railways, and the Canadian 
Pacific Railway Company, provide most of the rail transportation.  Both 
systems have extensive supplementary facilities for highway and waterway 
transport, telecommuni-cations, and storage.  Regional lines supplement the 
transcontinental lines. 
 
 
                                Motor Freight 
 
Aided by an expanding network of paved highways and  deregulation, truck 
transport is generally competitive with rail transport.  The provinces have 
jurisdiction over highways in Canada.  Common carriers are required to 
obtain a license from the Department of Highways and Transport of the 
province in which travel occurs. 
 
In January 1988, the Motor Vehicle Transport Act went into effect, easing 
entry into the Canadian market for U.S. firms.  Truckers who wish to cross 
provincial and international borders no longer must prove that their service 
is consistent with public convenience and necessity.  Until 1993, existing 
trucking companies could block new entrants.  Beginning in 1993, new firms 
may enter the market or existing firms may expand if they are fit, willing, 
able, and meet basic insurance and safety requirements. 
 
American firms may ship goods of their own manufacture to destinations in 
Canada in their own trucks.  However, they may not carry other goods, back 
haul to the United States, or act in any way as a common carrier.  Some 
states have reciprocal arrangements with some Canadian provinces. 
 
To determine what arrangements are in effect, contact the local office of 
the U.S. Interstate Commerce Commission (ICC) or the appropriate Canadian 
provincial department or ministry of transportation.  Where no arrangement 
is in effect, the trucker will be required to purchase a one trip license at 
the first weigh station after crossing the border. 
 
 
                               Water Transport 
 
Although seasonally restricted by frozen waterways, water transport is 
widely used as a consequence of Canada's unique geographical position. 
Canada is bordered by the Atlantic and the Pacific Oceans.  The St. Lawrence 
Seaway extends inward for more than 2,000 miles along its southern border. 
U.S. firms carry about 25 percent of all Canadian water transported exports 
and about half of its water transported imports. 
 
 
 
Canada has 25 large deep-water ports and about 650 smaller ports and 
multipurpose government wharves on the east and west coasts, along the St. 
Lawrence Seaway and Great Lakes, in the Arctic, and on inland lakes and 
rivers.  Transport Canada is responsible for planning and providing adequate 
public port facilities. 
 
The leading Canadian ports listed in approximate order of tons of cargo 
loaded and unloaded are:  Vancouver, British Columbia; 
Sept-les-Pointe-Noire, Quebec; Montreal, Quebec; Port Cartier, Quebec; 
Thunder Bay, Ontario; Halifax, Nova Scotia; Saint John, New Brunswick; 
Quebec City, Quebec; Prince Rupert, British Columbia; and Hamilton, 
Ontario.  Container traffic can be handled at a number of these ports, 
including Montreal, Halifax, St. John, and Vancouver. 
 
 
                                  Aviation 
 
Air connections between the United States and Canada are extensive, with 
well-developed facilities for freight and passenger traffic.  Air transport 
on American carriers from the United States and Canada is provided by 
several companies.  The two largest Canadian carriers are Air Canada (a 
crown corporation) and the privately-owned Canadian Airlines International, 
Ltd. (CAIL). 
 
Domestic service is offered by a number of airlines.  Other small carriers 
provide regular, irregular, charter, contract, and specialty services. 
 
 
                              FINANCIAL SYSTEM 
 
                                   Banking 
 
Canada's financial system is highly developed.  Over the years, the system 
has evolved from one having a large number of locally-owned banks to a 
system of relatively few banks having extensive branches.  There are over 
7,400 branch banks in Canada. 
 
Privately-owned or "chartered" banks are the general bankers of the business 
community, operating principally in short- and medium-term financing for 
industrial and commercial purposes. 
 
The commercial bank is complemented by a growing number of financial 
institutions, including loan, insurance, trust, and mortgage companies. 
These financial institutions are active in providing long-term loans and 
equity participation in new and existing industrial and commercial ventures. 
 
Canadian charter banks are governed by the Bank Act, which is subject to 
regular parliamentary review.  The 1980 Bank Act allowed the entry of 
foreign banks and defined the scope of their operation.  Foreign banks are 
now permitted to establish subsidiaries under the Bank Act, to open 
branches, and to call themselves banks. 
 
The word "bank" in a corporate title is restricted by law to activities 
permitted under the Bank Act and to Quebec Savings Banks under the Savings 
Banks Act of Quebec.  The Department of Finance regulates banks, including 
controlling the types of services they can offer and the types of investment 
permitted.  The Bank of Canada administers rules regarding reserves and 
interest. 
 
 
 
 
                       Stock Exchanges and Securities 
 
Canada's most important securities exchange is located in Toronto.  Trading 
also takes place in  Montreal, Vancouver, Winnipeg, and Calgary.  After a 
company goes public, its shares are traded over-the-counter until the 
listing require-ments of one of the stock exchanges are met. 
 
In 1987, British Columbia opened its securities market to wholly owned 
nonresident firms, and Ontario liberalized its rules regarding entry into 
and ownership of the securities industry.  In Ontario, foreign investment 
firms are permitted to acquire domestic dealers and/or register wholly-owned 
securities subsidiaries. 
 
In January 1988, the United States Securities and Exchange Commission (SEC) 
signed an agreement with the securities commissions from Ontario, Quebec, 
and British Columbia to provide for a fuller and freer flow of information. 
The agreement is more comprehensive than similar agreements between the SEC 
and Switzerland, Japan, and the United Kingdom.  The growing interlisting of 
Canadian stocks on U.S. exchanges and the opening of the Ontario securities 
industry to foreign dealers and banks contributed to the mutual desirability 
of this accord. 
 
 
                     CFTA Financial Services Provisions 
 
The CFTA's provisions on financial services constitute the first bilateral 
accord of the United States covering the entire financial sector.  U.S. 
commercial bank subsidiaries, insurance firms, and securities operations are 
among those businesses which gained increased access to Canadian markets. 
 
The CFTA removed most regulatory discrimination faced by U.S. financial 
institutions operating in Canada, allows the flexibility to acquire Canadian 
financial services firms, improves access between the Canadian and U.S. 
financial markets, and allows financial firms on both sides of the border to 
compete on a more equal basis. 
 
 
                    The Federal Business Development Bank 
 
The Federal Business Development Bank (FBDB) was created in 1974 as a Crown 
corporation.  The bank principally serves small and medium size businesses 
with loans, loan guarantees, and financial planning, investment banking, and 
management counseling.  For those businesses unable to obtain financing from 
other sources, the FBDB provides various forms of financial assistance. 
 
The bank publishes a handbook of federal assistance programs,  entitled 
"Assistance to Business in Canada."  The FBDB operates regional offices, 
branches, and sub-branches in cities across Canada.  Most loans are approved 
at the branch or regional level.  For additional information contact the 
Federal Business Development Bank.  (See Annex I, List of Contacts.) 
 
 
                             Credit Information 
 
Credit information on Canadian firms is available in World Traders Data 
Reports (WTDRs) provided by the U.S. and Foreign Commercial Service of the 
U.S. Department of Commerce.  WTDRs include information on the type of 
organization, year established, relative size, number of employees, general 
reputation, territory covered, language preferred, product lines handled, 
principal owners, financial references, and trade references.  Each WTDR 
 
 
also contains a general narrative as to the reliability of the foreign 
firm.  The fee is currently $100 per report.  For more information on the 
WTDRs, contact the U.S. Department of Commerce, U.S. and Foreign Commercial 
Service District Offices.  (See Annex II.) 
 
 
                             Consumer Financing 
 
Consumer credit is used extensively, and several systems facilitate consumer 
borrowing in Canada.  Revolving charge plans are issued on approximately the 
same terms as in the United States.  Canadian banks have become sensitive to 
the growing financial needs of franchised operations.  Various loan and 
repayment plans for franchise operations are now offered by Canadian 
chartered banks. 
 
Depending upon the need of the individual franchise, bank services also can 
include payroll and cash management services. 
 
 
                       Advertising and Market Research 
 
A variety of media is used  to  advertise in Canada.  Television accounts 
for the largest percentage of net advertising revenues, followed by 
magazines and then newspapers. 
 
Although a majority of Canadians speak English, the French-speaking market, 
concentrated in Quebec, should be considered as a distinct market.  Quebec 
is well served by French- language press and radio and television stations. 
Advertising directed toward this market should be tailored to Quebec's 
distinct cultural identity, tastes, and styles. 
 
 
                              Advertising Laws 
 
Various consumer protection laws apply to advertising.  Misleading 
advertising is prohibited under the Federal Combines Investigation Act.  The 
consumer need only show that she/he has suffered a loss to recover damages 
from the seller who has been found to be engaging in advertising practices 
prohibited by the Act.  Provincial legislation also applies to misleading 
advertising.  Advertising for certain specified products, such as liquor, is 
covered under federal statutes and regulations. 
 
 
                            Advertising Agencies 
 
Over 450 advertising agencies operate throughout Canada.  A number of the 
larger and more active agencies are subsidiaries or affiliates of U.S. firms. 
 
Canadian advertising rates are generally comparable with U.S. rates. 
"Canadian Advertising Rates and Data" (CARD), a monthly publication of 
Maclean Hunter, Ltd., presents rates of all media as well as lists of 
advertising agencies and media representatives.  (See Annex I, List of 
Contacts.) 
 
 
                            Radio and Television 
 
More than 97 percent of Canadian households have at least one television. 
More than 99 percent of Canadians also have radios in their homes.  Hundreds 
of public and commercial business firms operate cable television and major 
 
 
broadcasting stations in the metropolitan areas.  More than 116 television 
stations (originating), 695 licensed and orginating (362 a.m. and 333 f.m.) 
radio stations, and 2022 cable television systems broadcast in Canada. 
 
The Canadian Broadcasting Corporation (CBC) operates two national television 
networks, one in English and one in French.  A second national television 
network  (CTV) is private and broadcasts only in English.  A third private 
network (Global Television) operates in the heavily populated area of 
southern Ontario and some areas in western Canada.  There are fifteen 
independent television stations in Canada. 
 
Cable television use in Canada is expanding rapidly.  Over 70 percent of 
Canada's population is hooked into a cable television system.  The Canadian 
Radio-Television and Telecommunications Commission (CRTC) regulates publicly 
owned broadcasting, commercial based radio and television, and cable 
television. 
 
 
                                  The Press 
 
More than 124 daily newspapers are published in Canada.  Over 85 percent are 
in English and 10 percent in French.  A few daily newspapers are published 
in languages other than English or French.  Trade magazines, most of which 
are sent to specific audiences without charge, carry heavy advertising. 
These magazines serve a variety of fields, such as data processing, 
computers, and real estate.  The top four general interest Canadian 
magazines, "Reader's Digest" (1,300,000), "Chatelaine" (900,000), 
"Maclean's" (600,000), and "Canadian Living" (520,972), account for 
significant advertising expenditures.  Two business weeklies,  "The 
Financial Post" and "The Financial Times," are widely read in the business 
and financial community, with circulations of about 285,000 and 100,000 
respectively. 
 
                               Market Research 
 
Many advertising agencies also provide market studies.  Names and addresses 
of market research firms are listed in the publication, "Survey of Markets," 
produced by Maclean Hunter, Ltd.  (See Annex III, List of Publications.) The 
survey also lists: market surveys of provinces, cities, and towns; economic 
and business indicators in Canada; advertising agencies; and market research 
studies by industry.  The names of market research firms also are available 
from the Canadian Association of Marketing Research Organizations.  (See 
Annex I, List of Contacts.) 
 
Statistics Canada, roughly comparable to the U.S. Bureau of the Census, 
prepares numerous publications valuable for market research.  The Canadian 
census is conducted by Statistics Canada every five years, most recently in 
1991. The census is an excellent source of geographical, market, and 
population data. 
 
Information with respect to age, sex, race, income, educational level, 
occupation, and similar data can be found in census reports.  Much of this 
population data and other information on the Canadian market--including data 
on personal income and expenditures, housing, motor vehicles, and household 
facilities and equipment--are available in the annual "Market Research 
Handbook" (Statistics Canada catalogue number 63-224). 
 
In addition, Statistics Canada provides yearly data for many industries on 
such topics as size of establishment, operating costs, wages, and locations, 
as well as the total shipments of most commodities produced in Canada. 
 
 
Reports can be ordered from Statistics Canada, Publication Sales.  (See 
Annex I, List of Contacts.) 
 
 
ADDITIONAL SOURCES OF INFORMATION ON THE CANADIAN MARKET 
 
 
 "Comparison Shopping" offered by the U.S. Department of Commerce, U.S. and 
Foreign Commercial Service.  Contact the local U.S. Department of Commerce 
office (see Annex II). 
 
 
 The Directory of Associations in Canada, Micro Media, Ltd., 20 Victoria 
Street; Toronto, Ontario, Canada M4C 2N8; Tel:  (416) 362-5211 
 
 
 The Canadian Trade Index Canadian Manufacturers Association; 75 
International Blvd., 4th floor; Etobicoke, Ontario M9W 6L9 Tel:  (416) 
798-8000. 
 
 
 Canadian Trade Directory; Directory of Retail Chains in Canada, BPD Order 
Desk, Maclean Hunter Limited; 777 Bay Street, Toronto, Ontario, Canada M5W 
1A7; Tel:  (416) 596-5287. 
 
 
 American Firms Operating in Canada; World Trade Academy Press, Inc.; 50 
East 42nd Street, Suite 509; New York, NY 10017; Tel: (212) 697-4999. 
 
 
 Shows and Exhibitions contains details (dates, locations, attendance 
estimates, exhibit space size and rates, and contact information) on trade 
shows in Canada.  Order from Maclean Hunter, BPD Order Desk, 777 Bay Street, 
Toronto, Ontario, Canada M5W 1A7; Tel:  (416) 596-6035. 
 
 
 The Canadian Daily Newspaper Publishers' Association's (CDNPA) publications 
give daily newspaper circulation data.  Contact: CDNPA Order Desk, 777 Bay 
Street, Toronto, Ontario, Canada M5W 1A7; Tel: (416) 596-6035. 
 
 
                                 CHAPTER VII 
 
                                OTHER ISSUES 
 
                        Intellectual Property Rights 
 
                                   Patents 
 
Patent protection in Canada is covered by the Paris Convention for the 
Protection of Industrial Property, commonly known as the "Paris 
Convention."  The United States is also a member.  The convention applies to 
patents, trademarks, industrial designs, and with the 1967 Stockholm 
Provision, to investor's certificates. 
 
Under the Convention, U.S. business persons are entitled to receive 
treatment equal to that accorded to Canadian citizens.  Americans are 
entitled to a 1-year "right of priority" on patent applications first filed 
in the United States (one year in which to file a corresponding application 
in Canada and backdate it to the same date as the U.S. applications).  The 
 
 
"right of priority" for trademarks is six months. 
 
Canadian patents are valid for 17 years.  Chemical manufacturing processes 
are patentable.  Prior knowledge, use, patent, or description anywhere, or 
public use or sale in Canada more than two years prior to Canadian 
application, would destroy the novelty of an invention and thus render it 
unpatentable. 
 
Canadian patent applications must be filed either before grant of first 
foreign patent or within 12 months of first foreign application.  Further, a 
patent application must be filed within two years after the invention has 
been published or used publicly.  Patents are granted for products, 
compositions, apparatus, and processes, or for improvements in these, that 
are: 
 
(a)  new, i.e., first in the world ("novelty"); 
 
(b)  useful, i.e., functional and operative ("utility"); and 
 
(c)  unobvious to a person skilled in the art ("inventive ingenuity"). 
 
A patent application is examined for proper form and content before being 
published within one month for opposition.  If there is no successful 
opposition, the application is allowed.  Importation does not constitute 
registration of the patent in Canada.  Patent registration should be marked 
on the product. 
 
In February 1993, Canada enacted new drug patent legislation.  The new 
legislation extends patent protection of 20 years for all new, innovative 
drugs from the date of filing.  The enactment of the legislation ends 
Canada's practice of compulsory licensing of pharmaceuticals. 
 
 
                                 Trademarks 
 
A trademark is a word, symbol, or picture, or combination of these, used to 
distinguish goods or services of one person or organization from the goods 
or services of others in the marketplace.  A trademark is registered for a 
period of 15 years from the date of registration.  Trademarks may be renewed 
every 15 years without limitation. 
 
The person who is first to use the trademark or make it known in Canada, or 
who previously registered and used the mark in a Paris Union country, or who 
intends to use the mark in Canada is entitled to registration.  In the 
latter instance, the applicant must use the mark before it will be 
registered. 
 
A mark not used for three consecutive years can be canceled.  After five 
years, a valid trademark registration generally becomes incontestable on the 
grounds of prior use unless evidence shows that the registrant adopted 
his/her mark with knowledge of the other party's first use.  There are 
"registered use" provisions. 
 
 
                                 Copyrights 
 
Canada grants copyrights for literary, artistic, dramatic,and musical 
works.  Like the United States and several other nations, Canada is a member 
of the Universal Copyright Convention (UCC).  American authors of works 
first copyrighted in the United States receive automatic copyright 
 
 
protection in member countries of the Convention.  Copyrighted works must 
show the name of the author, the symbol "C" in a circle, and the date of the 
first publication.  Copyright in Canada extends to 50 years after the 
author's death. 
 
Canada has enacted laws to provide copyright protection to the 
retransmission of copyrighted programming of U.S. television networks and 
"super stations" transmitted by satellite signals, under the terms of the 
CFTA. 
 
 
                             Industrial Designs 
 
Industrial designs are distinct from patents, copyrights, and trademarks. 
An industrial design is any original shape, pattern, or ornamentation 
applied to an article of manufacture, such as the shape of a table, the 
pattern of a fabric, or the decoration on the handle of a spoon.  The 
article must be made by an industrial process.  The Canadian Industrial 
Design Act and the Industrial Designs Rules set forth the requirements for 
industrial design registration.  In the United States, these are known as 
"design patents." 
 
 
                           Additional Information 
 
For additional information on intellectual property rights and regulations, 
contact Consumer and Corporate Affairs.  (See Annex I, List of Contacts.) 
 
 
                          Business Travel In Canada 
 
                            Entrance Requirements 
 
Citizens or legal, permanent residents of the United States do not require 
passports or visas and can usually cross the United States-Canada border 
without difficulty or delay.  However, to assist officers in speeding the 
crossing, and particularly to reenter the United States, native-born U.S. 
citizens should carry some identifi-cation papers showing their citizenship, 
such as a birth, baptismal, or voter's certificate.  A driver's license is 
not acceptable.  Proof of residence may also be required.  Naturalized U.S. 
citizens should carry a naturalization certificate or some other evidence of 
citizenship.  Legal permanent residents of the Untied States, who are not 
U.S. citizens, are advised to carry their Alien Registration Receipt Card 
(U.S. form number I-151 or form I-551). 
 
 
                       CFTA Business Travel Provisions 
 
The CFTA facilitates the movement of U.S. and Canadian business persons 
across each country's borders through streamlined procedures.  The 
streamlined border-crossing procedures assure that qualified persons 
(U.S./Canadian citizens) will be permitted entry on a temporary basis. 
Business persons applying under any of the four categories (Professional, 
Trader/Investor, Business Visitor, and Intra-Company Transferee) must be 
U.S. citizens.  A verbal declaration of citizenship is not sufficient.  In 
those cases where business travelers are required to show proof of 
citizenship, a passport, a voter's registration card, or a birth certificate 
is acceptable.  Business persons and dependents also must meet other 
admission requirements of the Canadian Immigration Act. 
 
 
 
Additional information is contained in "Border Crossing Procedures Under the 
United States-Canada Free Trade Agreement."  (See Annex III, List of 
Publications.) 
 
 
                        NOTICE TO BUSINESS  TRAVELERS 
 
To avoid delays at the border, contact the nearest Canadian Consulate 
General: 
 
 to determine if an employment authorization is necessary; and/or 
 
 to establish temporary entry requirements for goods accompanying the 
traveler. 
 
 
                      Customs Requirements for Visitors 
 
Visitors may bring certain personal goods into Canada duty and tax-free, 
provided that all such items are declared to Canada Customs on arrival and 
are not subject to restriction.  The temporary entry of business related 
material (printed material, commercial samples, blueprints, charts, 
audio-visual material, and play-back or projection equipment) may be subject 
to the full rate of duty and tax, a portion thereof, or may be duty and 
tax-free.  The amount of duty and tax payable depends on the length of the 
visit, the items entered, and the end use.  If the goods are eligible for 
free entry, a refundable security deposit may be required by Canada 
Customs.  (See page , Temporary Imports, for more information.) 
 
 
                               Business Hours 
 
The Canadian work week and workday are essentially the same as in the United 
States. 
 
 
                             Standard Time Zones  
Six time zones cross Canada.  Most of British Columbia and the Yukon 
Territory are in the Pacific Time Zone.  Alberta, the northwest portion of 
Saskatchewan, and much of the Northwest Territories directly north of these 
two provinces are on Mountain Time. 
 
Southern Saskatchewan, Manitoba, western Ontario, and the central part of 
the Northwest Territories are on Central Time.  Ontario (east of Thunder 
Bay), nearly all of Quebec, and points north lie in the Eastern Time Zone. 
The Maritime provinces of New Brunswick, Nova Scotia, and Prince Edward 
Island join Labrador in the Atlantic Time Zone.  The island of Newfoundland 
is on Newfoundland time, half an hour ahead of Atlantic time. 
 
Each year, on the last Sunday in April, Daylight Savings Time (DST) comes 
into effect in Canada, and all clocks are advanced by one hour.  On the 
first Sunday in October, Canada reverts to Standard Time.  DST is not 
observed over most of the Province of Saskatchewan.  The dividing line 
between Central Daylight Time and Mountain Daylight Time is at the Manitoba- 
Saskatchewan border. 
 
 
                                  Holidays 
 
 
 
In Canada, national holidays are established by federal statute.  A holiday 
which falls on a Saturday or a Sunday is officially observed the following 
Monday. 
 
Although a national holiday, most businesses in Quebec are open on Victoria 
Day, a day during which the province also honors Dollard des Ormeaux, an 
early French-Canadian hero.  In addition, most Quebec businesses are usually 
open after 1 p.m. on Boxing Day.  In addition to the national holidays, each 
of the provinces and the territories celebrate their own holidays. 
 
 
                              CANADIAN HOLIDAYS 
 
New Year's Day          January 1 
Good Friday             Friday before Easter 
Easter Monday           Monday after Easter 
Victoria Day            Monday before May 24 
Canada Day              July 1 
Labour Day              First Monday in 
                        September 
Thanksgiving            Second Monday in 
                        October 
Remembrance Day         November 11 
Christmas               December 25 
Boxing Day              Day After Official 
                        Christmas Holiday 
 
 
 
                                CHAPTER VIII 
 
U.S. DEPARTMENT OF COMMERCE SERVICES FOR EXPORTERS 
 
                              Office of Canada 
 
Office of Canada (OOC) Desk Officers assist U.S. companies seeking to 
export, or to increase export sales to Canada.  OOC offers many specialized 
programs and services. 
 
The Canada First! seminar series introduces U.S. business people to the nuts 
and bolts of exporting.  The seminars are held in Canada and are designed to 
take the mystery out of exporting. The seminars include discussions by 
Canadian and U.S. experts on marketing, government procurement, standards, 
labelling, customs procedures, and other important topics. Most seminars 
provide an opportunity to network with potential Canadian agents, customers, 
and suppliers. 
 
Office of Canada Bulletins answer commonly asked questions (postal fees for 
packages mailed to Canada; duties and taxes on computer software; sending 
gifts to Canada) about doing business in Canada.  The bulletins are 
available by calling the Office of Canada (See Annex I, List of Contacts). 
 
Office of Canada Publications are reference documents which present detail 
on the many facets of trading with Canada.  Two of the popular titles are 
"The U.S.-Canada Free Trade Agreement: Guide to Exporting Procedures" and 
"Mail Order Sales to Canada."  A partial list of publications and ordering 
information can be found in Annex III, List of Publications.  The complete 
current list is available from OOC. 
 
Business Counseling is provided by OOC Desk Officers on exporting to 
 
 
Canada.  Desk Officers are knowledgable about the intricies of the Canadian 
market, including tariffs, taxes, standards and other regulations, economic 
conditions, the best prospects for American exports, and the status of trade 
negotiations with Canada.  Many times, Desk Officers, in cooperation with 
the US&FCS (see below) can resolve problems encountered in doing business in 
Canada. 
 
 
                     U.S. and Foreign Commercial Service 
 
United States and Foreign Commercial Service (US&FCS) officers in the 
Department of Commerce District Offices throughout the United States, and at 
U.S. Embassies and Consulates General abroad assist American business to 
export goods and services.  The US&FCS analyzes foreign markets, helps to 
find buyers overseas, and offers programs to promote products and services. 
 
In Canada, the US&FCS is represented at the U.S. Embassy in Ottawa and in 
all U.S. Consulates except Quebec City.  Commercial Officers at these 
locations collect up-to-date foreign market information.  They also search 
for sales leads and qualified agents and distributors; make appointments 
with key buyers and government officials; and counsel firms with questions 
regarding trade barriers.  They are familiar with local customs and trade 
regulations. 
 
Trade specialists operating from the U.S. Department of Commerce District 
Offices in major American cities reach out to businesses that have export 
potential.  Drawing from a large commercial data base fed by commercial 
officers overseas, these trade specialists provide individualized marketing 
packages for U.S. companies on their specific products or services.  (See 
Annexes I and II, List of Contacts for addresses and telephone numbers of 
the US&FCS offices in the United States and Canada.) 
 
 
                      US&FCS Export Assistance Programs 
 
The US&FCS through the District Offices (see Annex II), operates various 
programs to assist firms interested in exporting.  The programs include: 
 
 
Agent Distributor Service (ADS):  This customized search for interested and 
qualified foreign representatives identifies up to six foreign prospects who 
have examined an American firm's product literature and have expressed 
interest in representing the product.  US&FCS commercial officers also 
examine the stability and capability of each potential representative. 
 
 
Commercial News USA:  This monthly magazine promotes U.S. products and 
services to more than 110,000 overseas agents, distributors, government 
officials, and purchasers.  Black-and-white photos and brief description are 
used to advertise the products and services. 
 
Comparison Shopping:  Through this custom-tailored service, US&FCS staff 
conduct interviews in Canada to determine key marketing facts about U.S. 
products, including sales potential, comparable products, distribution 
channels, going price competitive factors, and qualified purchasers. 
 
Foreign Buyer Program:  This program permits American business persons to 
meet qualified foreign buyers for their products or services at selected 
trade shows in the United States.  The US&FCS promotes these shows worldwide 
to attract foreign buyer delegations, manages an International Business 
 
 
Center, counsels participating U.S. firms, and brings together buyers and 
sellers. 
 
Gold Key Service:  This is a custom-tailored service for U.S. firms planning 
to visit Canada.  It combines several services, such as market orientation 
briefings, market research, introduction to potential partners, an 
interpreter for meetings, and assistance in developing a sound marketing 
strategy and an effective follow-up plan. 
 
National Trade Data Bank:  The NTDB contains export promotion and 
international trade data collected by 15 U.S. government agencies.  Updated 
each month and released on CD-ROM, the data bank enables access to more than 
100,000 documents.  The NTDB provides access to market research reports, 
country-specific data, export and import statistics, international economic 
information, and an "electronic rolodex" of foreign importers of U.S. 
products.  Many Office of Canada publications are available on the NTDB. 
 
Trade Opportunities Program:  This program provides American businesses with 
current sales leads from overseas firms seeking to buy or represent their 
products or services.  These leads are available electronically from the 
Commerce Department and are redistributed by the private sector in printed 
and in electronic form. 
 
World Traders Data Report:  WTDRs assist U.S. firms in evaluating their 
potential trading partners.  This service includes background information, 
standing in the local business community, creditworthiness, and overall 
reliability and suitability as a trade contact. 
 
 
                                   ANNEX I 
 
                              LIST OF CONTACTS 
 
                         CANADIAN CONTACTS IN CANADA 
 
Agriculture Canada 
Food Protection and Inspection Branch 
930 Carling Avenue 
Ottawa, Ontario, Canada K1A 0C5 
Telephone: (613) 992-2114 
 
For information on the Agricultural Product Standards Act 
 
 
Canada Communications Group: Publishing 
Ottawa, Ontario, Canada K1A OS9, 
Tel. (819) 956-4802; Fax (819) 994-1498; 
Credit Card: (819) 956-4801. 
 
 
Canada Customs and Excise 
International Programs Division 
Connaught Building, 5th Floor 
Ottawa, Ontario, Canada K1A 0L5, 
Tel: (613) 954-7156. 
 
 
Canada Customs and Excise 
Machinery and Equipment Advisory Board 
Connaught Building 
 
 
Ottawa, Ontario, Canada K1A 0L5 
Tel:  (613) 954-71001 
 
 
Canada Customs and Excise 
Tariff Programs Appraisal 
360 Coventry Road 
Ottawa, Ontario, Canada K1K 2C6 
Tel:  (613) 993-0534 
 
 
Canada Customs and Excise 
Voice Mail Information 
Ottawa, Ontario, Canada 
Tel: (613) 993-0534 
 
Revenue Canada and Excise 
GST Office 
1730 St. Laurent Boulevard 
P. O. Box 8257 
Ottawa, Ontario, Canada K1G 3H7 
Tel:  (613) 990-8584 
 
 
The Canadian Association of Marketing Research Organizations 
1 Eva Road, Suite 409 
Etobicoke, Ontario, Canada M9C 4Z5 
Tel: (416) 620-7420 
 
 
Canadian Franchise Association 
88 University Avenue 
Suite 607 
Toronto, Ontario, Canada M5J IT6 
Tel:  (416) 595-5005; Fax:  (416) 595-9519 
 
 
Canadian Standards Association 
178 Rexdale Boulevard 
Rexdale, Ontario M9W 1R3 
Tel:  (416) 747-4000; Fax:  (416) 747-2475 
 
 
Consumer and Corporate Affairs Canada 
Regional Offices 
             Pacific Region.........604-666-5033 
             Prairie Region.........204-983-2843 
             Ontario Region.........416-224-4040 
             Quebec Region..........514-283-2453 
             Atlantic Region........902-426-2494 
 
 
Consumer and Corporate Affairs Canada 
Consumer Products Branch 
Place du Portage, Phase 1 
50 Victoria Street, 16th Floor 
Hull, Quebec, Canada K1A 0C9 
Tel: 819-997-1591 (food products) 
     819-997-1177 (Non-food products) 
 
 
 
For information on the Consumer Packaging and Labeling Act 
 
 
Consumer and Corporate Affairs Canada 
Corporations Branch 
Place du Portage, Phase II, 4th Floor 
Hull, Quebec, Canada K1A 0C9 
Tel: (819) 977-1142 
 
 
Consumer and Corporate Affairs Canada 
Legal Metrology Branch 
207 Queen Street, 
Ottawa, Ontario, Canada K1A 0C9 
Telephone: (613) 952-2625 
 
For information on the Weights and Measures Act and Metric Requirements, 
contact Chief, of Weights and Measures Division 
 
 
Consumer and Corporate Affairs Canada 
Patents, Trademarks, Copyrights and Industrial Design Office 
Place du Portage 
Hull, Quebec, Canada K1A 0C9 
 
             Offices 
             Patent  .............(819( 977-1936 
             Copyright  ..........(819) 997-1725 
             Trademark  ..........(819) 977-1420 
             Industrial Design  ..(819) 997-1725 
 
 
Defence Construction Limited 
Sir Charles Tupper Building 
Riverside Drive, "A" Wing, 3rd Floor 
Ottawa, Ontario, Canada K1A OK3 
Telephone: (613) 998-9548 
 
 
Department of External Affairs 
Export and Import Permits Bureau 
Lester B. Pearson Bldg, 4C-125 Sussex Drive 
Ottawa, Ontario, Canada K1A 0G2 
 
             Textiles, Apparel:.. (613) 992-1362 
             Agricultural Prod.:. (613) 995-7762 
             Other Commodities:.. (613) 996-5623 
 
 
Department of Indian Affairs and Northern Development 
Les Terrasses de la Chaudiere 
Ottawa, Ontario, Canada K1A OH4 
Telephone: (819) 887-9166 
 
 
Employment and Immigration Canada 
140 Promenade du Portage 
Ottawa, Ontario, Canada K1A 0J9 
Telephone:  (613) 682-7100 
 
 
 
 
Energy, Mines, and Resources Canada 
580 Booth Street 
Ottawa, Ontario, Canada K1A 0E4 
Tel:  (613) 995-3065 
 
 
Federal Business Development Bank 
800 Place Victoria, Postal Box 335, 
Montreal, Quebec, Canada H4Z 1L4 
Telephone:  (514) 283-5904 
 
 
Financial Post Information Services 
"Survey of Markets" 
777 Bay Street 
Toronto, Ontario, Canada M5W 1A7 
Tel:  (416) 595-5287 
 
 
Health and Welfare Canada 
Brooke Claxton Building 
de la Colombine Boulevard 
Tunney's Pasture 
Ottawa, Ontario, Canada K1A 0K9 
Tel:  (613) 957-2991 
 
 
Industry, Science and Technology Canada 
235 Queen Street 
Ottowa, Ontario, Canada K1A 0H5 
Telephone:  (613) 952-8900 
 
Business Service Centre Information Telephone: (613) 952-4782 
 
             Communications Branch, Room 7040 
             Telephone:  (613) 954-4500 
 
 
Investment Canada 
P.O. Box 2800, Postal Station D 
Ottawa, Ontario, Canada K1P 6A5 
Tel:  (613) 995-0465 
 
 
Maclean Hunter, Limited 
Canadian Advertising Rates and Data (CARD) 
Subscription 
777 Bay Street 
Toronto, Ontario, Canada M5W 1A7 
Telephone:  (416) 596-5287 
 
For information on "Survey of Markets" 
 
 
Office de la Langue Francaise 
Public Relations Service 
Tour de la Bourse, C.P.68 
Montreal, Quebec, Canada H4Z 1G8 
Tel: (514) 873-5439 
 
 
 
 
Open Bidding Service 
Bid Request Line 
P. O. Box 22011 
Ottawa, Ontario, Canada K1V 0W2 
Tel:  (800) 361-4637 or 
      (613) 737-3374 
 
 
Public Works Canada 
Sir Charles Tupper Building 
Ottawa, Ontario, Canada K1A OM2 
Telephone (613) 998-7724 
 
 
Standards Council of Canada 
Standards Information Service 
350 Sparks Street, Suite 1200 
Ottawa, Ontario, Canada KIP 6N7 
Telephone:   (613) 238-3222 
 
 
Statistics Canada 
Publication Sales 
Ottawa, Ontario, Canada K1A 0T6 
Tel:  (613) 951-8116 
 
 
Transport Canada 
Road Safety and Motor Vehicles 
Canada Building 
344 Slater Street 
Ottawa, Ontario, Canada K1A 0N5 
Tel:  (613) 998-2174 
 
 
Transport Canada 
Vehicle Importation 
Canada Building 
344 Slater Street 
Ottawa, Ontario, Canada K1A 0N5 
Tel:  (613) 998-2174 
 
 
                       CANADIAN PROVINCIAL MINISTRIES 
 
 
Alberta 
Consumer and Corporate Affairs 
10025 Jasper Avenue, 22nd Floor 
Edmonton, Alberta, Canada T5J 3Z5 
Tel:  (403) 422-3935 
 
 
British Columbia 
Ministry of Development, Trade and Tourism 
]770 Pacific Blvd., South, 2nd Floor 
Vancouver, British Columbia, Canada V6B 5E7 
Tel:  (604) 660-3908 
 
 
 
 
Manitoba 
Department of Industry, Trade and Tourism 
155 Carlton Street, 4th Floor 
Winnipeg, Manitoba, Canada R3C 3H8 
Tel:  (204) 945-2466 
 
 
New Brunswick 
Department of Economic Development and Tourism 
P. O. Box 6000 
Fredericton, New Brunswick, Canada E3B 5H1 
Tel:  (506) 729-5600 
 
 
Northwest Territories 
Department of Economic Development and Tourism 
Yellowknife, Northwest Territories, 
Canada X1A 2L9 
Tel:  (403) 873-7229 
 
 
Nova Scotia 
Department of Economic Development 
P. O. Box 519 
Halifax, Nova Scotia, Canada B3J 2R7 
Tel:  (902) 424-4211 
 
 
Ontario 
Ministry of Consumer and Commercial Relations 
Companies Branch 
393 University Avenue 
Toronto, Ontario, Canada M7A 2H6 
Tel:  (416) 596-3757 
 
 
Prince Edward Island 
Enterprise PEI 
West Royalty Industrial Park 
Charlottetown, Prince Edward Island, Canada C1E 1B0 
Tel:  (902) 368-6324 
 
 
Quebec 
Ministry of Industry, Commerce and Trade 
700 Sherbrooke Street West, 8th Floor 
Montreal, Quebec, Canada H3A 1G1 
Tel:  (514) 982-3013 
 
 
Saskatchewan 
Department of Economic Development 
1919 Saskatchewan Drive 
Regina, Saskatchewan, Canada S4P 3V7 
Tel:  (306) 787-2232 
 
 
Yukon Territory 
 
 
Department of Economic Development, 
Mines and Small Business 
Box 2703 
Whitehorse, Yukon, Canada Y1A 2C6 
Tel:  (403) 667-5466 
 
 
CANADIAN GOVERNMENT IN THE UNITED STATES 
 
Embassy of Canada 
501 Pennsylvania Avenue. N.W. 
Washington, D.C. 20001 
Tel:  (202) 682-1740 
 
Territory:  Alabama, Florida, Georgia, Mississippi, North a, South Carolina, 
Tennessee, Puerto Rico, U.S. Virgin Islands. 
 
Boston-Three Copley Place, Suite 400, Boston, MA 02116,  Telephone:  (617) 
262-3760. 
 
Territory:  Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. 
 
Buffalo-One Marine Midland Center, #3550, Buffalo, NY 14203-2884, Tel: 
(716) 852-1247. 
 
Territory:  Western, central and upstate New York, western Pennsylvania, and 
West Virginia. 
 
Chicago-310 South Michigan Avenue, # 1200, Chicago, IL 60604-4295, Tel: 
(312) 427-1031. 
 
Territory:  Illinois, Missouri, Wisconsin, and the Quad-City region of Iowa. 
 
Dallas-St. Paul Place, #1700, 750 N. Paul St., Dallas, TX 75201-9990, Tel: 
(214) 922-9812. 
 
Territory:  Texas, Arkansas, Kansas, Louisiana, New Mexico, and Oklahoma. 
 
Detroit-600 Renaissance Center, Suite 1100, Detroit, MI 48243-1704, Tel: 
(313) 567-2340. 
 
Territory:  Ohio, Michigan, Indiana, and Kentucky. 
 
Los Angeles-300 So. Grand Avenue, 10th Fl, California Plaza, Los Angeles, CA 
90071, 
Tel:  (213) 687-7432. 
 
Territory:  Arizona, Colorado, Hawaii, Utah, Wyoming, Nevada, and California. 
 
Minneapolis-701 4th Ave. South, Minneapolis, MN 55415-1899, Tel: (612) 
333-4641. 
 
Territory:  Iowa, Nebraska, Minnesota, North Dakota, South Dakota, and 
Montana. 
 
New York City-1251 Avenue of the Americas, NY, NY 10020-1175, Tel: (212) 
568-2400. 
 
Territory:  Connecticut, New Jersey, and southern New York. 
 
 
 
Seattle-412 Plaza 600, Sixth and Stewart, Seattle, WA 98101-1286, Tel: (206) 
443-1777. 
 
Territory:  Alaska, Idaho, Oregon, and Washington State. 
 
 
                       U.S. CONTACTS IN UNITED STATES 
 
U.S. Department of Commerce 
International Trade Administration 
Office of Canada 
Room 3033, Washington, D.C. 20230 
(202) 482-3101 
 
 
U.S. Information Agency 
Attestation Officer of the United States 
Patrick Henry Building, Room 5118 
301 4th Street, S.W. 
Washington, D.C. 20547 
Telephone:  (202) 501-7775 
 
 
U.S. Council for International Business 
1212 Avenue of the Americas 
New York, New York 10036 
Telephone:  (212) 354-4480 
 
 
International Franchise Association 
1350 New York Avenue, N.W. 
Suite 900 
Washington, D.C. 20005 
Tel:  (202) 628-8000 
 
 
 
                          U.S. Government in Canada 
 
 
The United States Embassy 
100 Wellington Street 
Ottawa, Ontario, Canada K1P 5T1 
Telephone:  (613) 238-5335 
 
U.S. Consulates General are maintained at the following locations: 
 
Calgary 
Suite 1050, 615 Macleod Trail, S.E. 
Calgary, Alberta, Canada T2G 4T8 
Telephone:  (403) 265-2116 
 
Halifax 
Suite 910, Cogswell Tower, Scotia Square Halifax, Nova Scotia, Canada B3J 
3K1 
Telephone:  (902) 429-2480 
 
Montreal 
P.O. Box 65, Postal Station Desjardins Montreal, Quebec, Canada H5B 1G1 
Telephone:  (514) 398-0673 
 
 
 
Quebec City 
2 Place Terrasse, C.P. 939 
Quebec City, Quebec, Canada G1R 4T9 
Telephone:  (418) 692-2095 
 
Toronto 
Suite 602, 480 University Avenue 
Toronto, Ontario, Canada M5G 1V2 
Telephone:  (416) 595-5414 
 
Vancouver 
1095 West Pender Street 
Vancouver, British Columbia, 
Canada V6E 4E9 
Telephone:  (604) 685-4311 
 
                                  ANNEX II 
 
                         U.S. Department of Commerce 
 
             U.S. & FOREIGN COMMERCIAL SERVICE DISTRICT OFFICES 
 
 
ALABAMA 
Birmingham - Suite 302, Berry Building, 2015 2nd Avenue North, 35203, 
205/731-1331 
 
 
ALASKA 
Anchorage - Suite 319, World Trade Center Alaska, 4201 Tudor Center Drive, 
99508,  907/271-6237 
 
 
ARIZONA 
Phoenix - Suite 3412, Federal Building, 230 North 1st Avenue, 85025, 
602/379-3285 
 
 
ARKANSAS 
Little Rock - 425 West Capitol Avenue, Suite 700, 72201 501/324-5794 
 
 
CALIFORNIA 
Los Angeles - Room 9200, 11000 Wilshire Boulevard, 90024, 310/575-7104 
 
New Port Beach - Suite 305, 3300 Irvine Avenue, 92660 , 714/660-1688 
 
San Diego - Suite 230, 6363 Greenwich Drive, 92122, 619/557-5395 
 
San Francisco - 14th Floor, 250 Montgomery Street, 94104,  415/705-2310 
 
 
COLORADO 
Denver - Suite 680, 1625 Broadway, 80202,  303/844-3246 
 
 
CONNECTICUT 
Hartford - Suite 610B, Federal Office Building, 450 Main Street, 06103, 
203/240-3530 
 
 
 
 
DELAWARE 
Served by the Philadelphia District Office 
 
 
FLORIDA 
Miami - Suite 224, Federal Building, 51 SW First Avenue, 33130,  305/536-5267 
 
 
Clearwater - 128 North Osceola Avenue, 34615, 813/461-0011 
 
Orlando - Suite 346, CEBA II, College of Bus. Admin., c/o Florida State 
University 32816 407/648-6235 
 
Tallahassee - Suite 366G, Collins Building, 107 West Gaines Street, 32304, 
904/487-1407 
 
 
GEORGIA 
Atlanta - Plaza Square North, Suite 310, 4360 Chamblee-Dunwoody Road, 
30341,  405/452-9101 
 
Savannah - Suite A107, 120 Barnard Street, 31401,  912/944-4204 
 
 
HAWAII 
Honolulu - P.O. Box 50026, 300 Ala Moana Boulevard., 96850,  808/541-1782 
 
 
IDAHO 
Boise - 2nd Floor, Joe R. Williams Building, 700 West State Street., 83720 
208/334-3857 
 
 
ILLINOIS 
Chicago - Suite 1406, 55 East Monroe Street, 60603, 312/353-4450 
 
Wheaton - Illinois Institute of Technology, 201 East Loop Road, 60187, 
312/353-4332 
 
Rockford - P.O. Box 1747, 515 North Court Street, 61110-0247,  815/987-4347 
 
 
INDIANA 
Indianapolis - Suite 520, One North Capitol, 46204, 
317/226-6214 
 
 
IOWA 
Des Moines - Suite 817, Federal Building, 210 Walnut Street, 50309, 
515/284-4222 
 
 
KANSAS 
Kansas City - Suite 635, 601 East 12th Street, 64106, 816/426-3141 
 
Wichita - 151 North Volutsia, 67214-4695,  316/269-6160 
 
 
 
 
KENTUCKY 
Louisville - Suite 636B, Gene Snyder Courthouse & Custom-house Building, 601 
West Broadway, 40202, 502/582-5066 
 
 
LOUISIANA 
New Orleans - 432 World Trade Center, 2 Canal Street, 70130,  504/589-6546 
 
 
MAINE 
Augusta - 77 Sewall Street, 04330,  207/622-8249 
 
 
MARYLAND 
Baltimore - 413 US Customhouse, 40 South Gay Street, 21202, 410/962-3560 
 
Gaithersburg - C/O Nat'l Institute of Standards & Technology, Room A102, 
Building, 411, 20899  301/962-3560 
 
 
MASSACHUSETTS 
Boston - Suite 307, World Trade Center, Commonwealth Pier Area, 02210, 
617/565-8563 
 
 
MICHIGAN 
Detroit - 1140 McNamara Building, 477 Michigan Avenue, 48226,  313/226-3650 
 
Grand Rapids - 300 Monroe, NW, 49503, 
616/456-2411 
 
 
MINNESOTA 
Minneapolis - 108 Federal Building, 110 South 4th Street, 55401, 
612/348-1638 
 
 
MISSISSIPPI 
Jackson - 201 West Capital Street, Suite 310, 39201,  601/965-4388 
 
 
MISSOURI 
St. Louis - 8182 Maryland Avenue, Suite 303, 63105, 314/425-3302 
 
Kansas City - Suite 635, 601 East 12th Street, 64106, 816/426-3141 
 
Witchita - 151 North Volutsia, 62714-4695, 316/269-6160 
 
 
MONTANA 
Served by the Portland District Office 
 
 
NEBRASKA 
Omaha - 11133 "O" Street, 68137,  402/221-3664 
 
 
NEVADA 
Reno - 1755 East Plumb Lane, Suite 152, 89502, 702/784-5203 
 
 
 
 
NEW HAMPSHIRE 
Concord - State of New Hampshire Department of Resources & Economic 
Development, 172 Pembroke Road, 03302-0856, 603/271-2591 
 
 
NEW JERSEY 
Trenton - Suite 100, 3131 Princeton Pike Building 6, 08648,  609/989-2100 
 
 
NEW MEXICO 
Albuquerque - Suite 320, 625 Silver S.W., 87102 
505/766-2070 
 
 
NEW YORK 
Buffalo - 1312 Federal Building, 111 West Huron Street, 14202,  716/846-4191 
 
Rochester - Suite 200, 111 East Avenue, 14604, 716/263-6480 
 
New York - Suite 3718, 26 Federal Plaza, 10278,  212/264-0634 
 
 
NORTH CAROLINA 
Greensboro - Suite 400, 400 West Market Street, 27401, 919/333-5345 
 
 
NORTH DAKOTA 
Served by the Omaha District Office 
 
 
OHIO 
Cincinnati - 9504 Federal Building, 550 Main Street, 45202,  513/684-2944 
 
Cleveland - Suite 600, 668 Euclid Avenue, 44114, 216/522-4750 
 
 
OKLAHOMA 
Oklahoma City - 6601 Broadway Extension, 73116, 405/231-5302 
 
Tulsa - 440 South Houston Street, 74127,  918/581-7650 
 
 
OREGON 
Portland - Suite 242, One World Trade Center, 121 SW Salmon, 97204, 
503/326-3001 
 
Boise - 2nd Floor, 700 West State Street, 83720, 208/334-3857 
 
 
PENNSYLVANIA 
Philadelphia - Suite 202, 475 Allendale Road, King of Prussia, 19406, 
215/951-7954 
 
Pittsburgh - 2002 Federal Building, 1000 Liberty Avenue, 15222,  412/644-2850 
 
 
PUERTO RICO 
San Juan - Suite G-55, Federal Building, Chardon Avenue, 00918, 
809/766-5555  Ext. 555 
 
 
 
 
RHODE ISLAND 
Providence - 7 Jackson Walkway, 02903, 401/528-5104 
 
 
SOUTH CAROLINA 
Columbia - Suite 172, Strom Thurmond Federal Building, 1935 Assembly Street, 
29201, 
803/765-5345 
 
Charleston - Suite 128 C Long Building, 9 Liberty Street, 29424, 803/727-4361 
 
 
SOUTH DAKOTA 
Served by the Omaha District Office 
 
 
TENNESSEE 
Nashville - Suite 114, Parkway Towers, 404 James Robertson Parkway, 
37219-1505,  615/736-5161 
 
Memphis - Suite 200, Falls Building, 22 North Front Street, 38103, 
901/544-4137 
 
Knoxville - 301 East Church Street, 37915,  615/549-9268 
 
 
TEXAS 
Dallas - World Trade Center, P O Box 58130, 75242-0787, 214/767-0542 
 
Austin - Suite 1200, 410 East 5th Street. Suite 320A, P.O. Box 12728, 
78711,  512/482-5939 
 
Houston - One Allen Center, 500 Dallas, Suite 1160, 77002, 713/229-2578 
 
 
UTAH 
Salt Lake City - Suite 105, 324 South State Street, 84111, 801/524-5116 
 
 
VERMONT 
Served by the Boston District Office 
 
 
VIRGINIA 
Richmond - 8010 Federal Building, 400 North 8th Street, 23240   804/771-2246 
 
 
WASHINGTON 
Seattle - Suite 290, 3131 Ellicott Avenue, 98121, 206/553-5615 
 
 
WEST VIRGINIA 
Charleston - Suite 807, 405 Capitol Street, 25301, 304/347-5123 
 
 
WISCONSIN 
Milwaukee - Suite 596 Federal Building, 517 East Wisconsin Avenue, 53202, 
414/297-3473 
 
 
 
 
WYOMING 
Served by the Denver District Office 
 
 
                                  ANNEX III 
 
                      MARKETING IN CANADA PUBLICATIONS 
 
The following Department of Commerce publications concerning marketing in 
Canada under the U.S.-Canada Free Trade Agreement (CFTA) and the proposed 
North American Free Trade Agreement (NAFTA) can be purchased from the 
Commerce Department's National Technical Information Service (NTIS).  Orders 
can be made by calling or writing to: 
 
      National Technical Information Service 
      5285 Port Royal Road 
      Springfield, VA  22161 
      (703) 487-4650 
 
U.S.-Canada Free Trade Agreement:  Guide to Exporting Procedures (Revised 
Edition 3/92, 61p)* 
Complete manual for U.S. exporters seeking to benefit from U.S.-Canada Free 
Trade Agreement tariff removal.  Contains the entire legal text of the rules 
of origin, an explanation on how to use the rules, samples of the Exporter's 
Certificate of Origin, and instructions for completing the Certificate. 
                   NTIS order number: PB92-145929,  $19.50 
 
After-Sales Service and Repair, Questions and Answers (10/90, 30p) 
Helps after sales service and repair service providers benefit from the 
U.S.-Canada Free Trade Agreement (CFTA).  Contains information on warranty 
and non-warranty repair, business travel, taxes, and contacts for further 
information. 
                   NTIS order number: PB91-156489, $17.50 
 
Border Crossing Procedures Under the U.S.-Canada Free Trade Agreement (2/90, 
23p)* 
Helps U.S. business persons take full advantage of the business travel 
provisions of the CFTA. Contains information on summary of CFTA business 
travel provisions, definitions of business travel, specific requirements, 
occupations covered, and an overview of market opportunities. 
 
                   NTIS order number: PB92-161538, $17.50 
 
Business Opportunities in Atlantic Canada (9/90, 23p)* 
Atlantic Canada is a promising market for U.S. businesses.  Contains 
information on geography, demographics, and economy of New Brunswick, Nova 
Scotia, Prince Edward Island, and Newfoundland and Labrador; regional trade; 
investment; major projects; and transportation. 
                   NTIS order number: PB92-155522, $17.50 
 
Doing Business in the Province of Quebec (7/91, 30p) 
Helps U.S. companies do business in the province of Quebec.  Contains 
information on the provincial economy, language requirements, government 
procurement, labor, transportation, and the Goods and Services Tax (GST). 
                   NTIS order number: PB91-214031, $17.50 
 
Economic Trends Report - Canada (1/93, 15p) 
Provides an in-depth review of business conditions and prospects from 
 
 
information generated by the embassy in Ottawa and consulates abroad. 
                   NTIS order number: PB93-111169, $17.50 
 
Government Procurement Opportunities in Canada (10/90, 40p) 
Helps U.S. companies compete for Canadian federal and provincia government 
procurement contracts.  Contains information on the tendering process, how 
to bid, awarding of contracts, and the U.S.-Canada Free Trade Agreement 
procurement provisions. 
                   NTIS order number: PB91-227868, $17.50 
 
Guide to Packaging and Labelling Requirements in Canada (10/90, 22p) 
Helps U.S. exporters comply with Canada's packaging and labelling 
regulations.  Contains information on the French language requirements, 
special rules for food products, and packaging and the environment. 
                   NTIS order number: PB92-155548, $17.50 
 
Impact of the North American Free Trade Agreement (NAFTA) on the U.S.-Canada 
Free Trade Agreement (CFTA) (9/92, 27p)* 
Highlights the improvements and modifications that NAFTA will make in the 
CFTA.  Includes an overview and chapter by chapter analysis of NAFTA 
revisions. 
                   NTIS order number: PB93-128783, $19.50 
 
Mail Order Sales to Canada (2/91, 11p)* 
Helps U.S. mail order firms tap into the Canadian market.  Contains 
information on customs documentation,  low value shipments, duties and 
taxes, money back guarantee and exchanges, and contacts for additional 
information. 
                   NTIS order number: PB92-155530, $17.50 
                   NTIS order number: PB92-155514, $19.50 
 
Summary of Provisions of the U.S.-Canada Free Trade Agreement (2/88, 43p) 
Provides a layman's review of the CFTA provisions covering tariffs, 
rules-of-origin, agriculture, energy, automotive goods, services, 
investment, dispute settlement, and other issues. 
                   NTIS order number: PB92-155555, $17.50 
 
Temporary Importation Provisions for Canada  (9/90, 24p) 
Helps U.S. businesses comply with Canada's regulations.  Contains 
information on ATA Carnets, display goods, commercial samples, advertising 
materials, and warranty repair. 
                   NTIS order number: PB91-156497, $17.50 
 
U.S.-Canada Free Trade Agreement:  Final Text 
This is the actual text of the U.S.-Canada Free Trade Agreement.  The 
agreement is the basis for trade between the United States and Canada. 
Included in the agreement are provisions regarding trade in goods, such as 
rules of origin, tariffs and other border measures, technical standards and 
agriculture.  In addition, the agreement regulates government procurement, 
services, investment, temporary entry and financial services.  The 
institutional provisions of the agreement and its implications are also 
included. 
                  NTIS order number:  PB92-162983, $36.50 
 
*     Publications marked with an asterisk are also available on the 
Commercial Information Management System (CIMS) and the National Trade Data 
Bank (NTDB).  Access to CIMS is through the U.S. Department of Commerce, 
International Trade Administration District Offices (see Annex II).  The 
NTDB is available in Federal Depository Libraries.  For information on the 
NTDB call the U.S. Department of Commerce at (202) 482-1986. 
 
 
 
                                  ANNEX IV 
 
                 CANADIAN ENVIRONMENTAL LABELLING GUIDELINES 
 
 
"      friendly, friendlier" 
e.g., "environmentally friendly" 
 
Must be accompanied by additional information that provides reasons for the 
claimed benefit, e.g., "environmentally friendlier -- 20 percent less 
packaging materials used than before." 
"green" 
 
Must be accompanied by additional information that provides reasons for the 
claimed benefit. 
"      safe" 
e.g., "ozone safe" 
 
Should not be used. 
"      free" 
e.g., "CFC free" 
 
Acceptable -- providing claim is accurate and no other components of the 
product are known to be harmful. 
 
"recyclable" 
(stated with words or symbols) 
 
Must be accompanied by additional information, e.g., "where facilities 
exist"; "recyclable through Company X facilities"; etc.  Claim may only be 
used where such collection is available to at least 1/3 of the consumers in 
the market area. 
 
"recycled"; "contains recycled material"; "made with recycled material" 
(stated with words or symbols) 
 
Must be accompanied by the amount of recycled content, e.g., "this container 
made from 30 percent recycled plastic including 5 percent post-consumer 
waste."  Otherwise, the claim will be taken to mean that the product is made 
entirely from recycled material. 
 
"biodegradable" 
referring to solid materials except those disposed of through the sewage 
system 
 
General use prohibited unless the product would not normally end up in 
landfill.  The claim "suitable for composting" is more meaningful for 
organic materials that will break down completely in a composter. 
 
"biodegradable" referring to products disposed of through the sewage system 
 
Must be accompanied by a statement indicating the degree of degradation and 
the conditions under which degradation will occur, e.g., "this product will 
degrade 98 percent in 20 days when disposed of through a municipal sewage 
system"; or, by stating the recognized test method that was used to 
determine the degree of degradability. 
 
                                   ANNEX V 
 
 
 
          INSTRUCTIONS FOR COMPLETION OF THE CANADA CUSTOMS INVOICE 
 
 
Below is a brief description of how each field on the Canada Customs Invoice 
(or commercial invoice) must be completed.  The field number and titles are 
based on the official Canada Customs Invoice.  (See sample on page 
 
FIELD  TITLE                               DESCRIPTION 
 
 1.    Vendor                              The name and address of:  (a) the 
                                           person selling the goods to the 
                                           purchaser, or (b) the person 
                                           consigning the good to Canada. 
 
 2.    Date of Direct Shipment to Canada   The date on which the goods began 
                                           their continuous journey to 
                                           Canada. 
 
 3.    Other References                    May be used to record other 
                                           useful information (e.g., the 
       (Including Purchaser's Order No.)   commercial invoice number, the 
                                           purchaser's order number). 
 
 4.    Consignee (Ship to, deliver to)     The name and address of the 
                                           person (company) in Canada to 
                                           whom the goods are shipped. 
 
 5.    Purchaser (Sold to, buyer)          The person to whom the goods are 
                                           sold by the vendor. 
 
 6.    Country of Transshipment            The country through which the 
                                           goods were shipped in transit to 
                                           Canada under Customs control (if 
                                           applicable). 
 
 7.    Country of Origin                   The country of origin of invoiced 
                                           goods is the country where the 
                                           goods are grown, produced, or 
                                           manufactured.  Each manufactured 
                                           article on the invoice must have 
                                           been substantially transformed in 
                                           the country specified as the 
                                           country of origin to its present 
                                           form ready for export to Canada. 
                                           Certain operations such as 
                                           packaging, splitting, and sorting 
                                           may not be considered as 
                                           sufficient operations to confer 
                                           origin. 
 
 8.    Transportation                      The mode of transportation and 
                                           the place from which the goods 
                                           began their journey to Canada. 
 
 9.    Condition of Sale                   The terms and conditions agreed 
                                           upon by the vendor and the 
                                           purchaser. 
 
 
10.    Currency of Settlement              The currency in which the 
 
 
                                           vendor's demand for payment is 
                                           made. 
 
11.    Number of Packages                  The number of packages. 
 
12.    Specifications of Commodities       Kinds of packages, e.g., cases, 
                                           cartons. 
 
                                           Descriptive markings and numbers 
                                           on the packaged goods.  Such 
                                           marks and numbers should be 
                                           legally placed on the outside of 
                                           all packaged goods whenever 
                                           feasible 
 
13.    Quantity                            The quantity of each item in the 
                                           description field must be shown 
                                           in the appropriate unit of 
                                           measure. 
 
 
 
14.    Unit of Selling                     The value in the currency of 
                                           settlement for each item 
       (Price per article/item/amount)     described in the description 
                                           field. 
 
 
15.    Total Selling Price                 The price paid or payable in the 
                                           currency of settlement for number 
                                           of items recorded in the quantity 
                                           field when they were sold by the 
                                           vendor to the purchaser.  Where 
                                           there are no items recorded in 
                                           the description field, "n/a" 
                                           should be indicated. 
 
16.    Total Weight                        Both net and gross weight. 
 
17.    Invoice Total                       The total price paid or payable 
                                           for goods described on the 
       (Total value, pay this amount)      invoice and/or continuation 
                                           sheet(s) is used. 
 
18.    Invoice Check                       To be completed if an attached 
                                           commercial invoice does not 
                                           contain all the data elements. 
 
19.    Exporter                            The name and address of the 
                                           person or organization shipping 
                                           goods to the consignee/purchaser 
                                           if other than vendor. 
 
20.    Originator                          The name and address of the 
                                           person/firm completing the 
                                           invoice.  This field may be left 
                                           blank if this information is 
                                           provided elsewhere on the invoice. 
 
21.    Departmental Ruling                 Give the number and date of any 
 
 
                                           departmental ruling applicable to 
                                           the shipment. 
 
22.    Miscellaneous Information           Self explanatory 
 
23-24. Amounts, Charges, Expenses          Self explanatory except export 
                                           packing.  Export packing must be 
                                           indicated if additional packing 
                                           was required sloely for the 
                                           overseas transportation of the 
                                           goods. 
 
25.    Miscellaneous Information           Self explanatory 
 
                           CANADA CUSTOMS INVOICE 
                      FACTURES DES DOUANES CANADIENNES 
 
 1.  Vendor (Name and Address)/Vendeur (Nom et adresse) 
 
 2.  Date of Direct Shipment to Canada/Date d'exp}dition directe vers le 
Canada 
 
 3.  Other References (Include Purchaser's Order No.) 
Autres r}f}rences (Inclure le no de commande de l'acheteur) 
 
 4.  Consignee (Name and Address/Destinataire (Nom et adresse) 
 
 5.  Purchaser's Name and Address (If other than Consignee) 
Nom et adresse de l'acheteur (S'il differe du destinataire) 
 
 6.  Country of Transhipment/Pays de transbordement 
 
 7.  Country of Origin of Goods 
Pays d'orgine des marchandises 
 
IF SHIPMENT INCLUDES GOODS OF DIFFERENT ORIGINS ENTER ORIGINS AGAINST ITEMS 
IN 12. 
SI L'EXP DITION COMPREND DES MARCHANDISES D'ORIGINES DIFF ENTES, PRECISER 
LEUR PROVENANCE EN 12. 
 
 8.  Transportation:  Give mode and Place of Direct Shipment to Canada 
Transport:  Pr}ciser mode et point d'exp}dition directe vers le Canada 
 
 9.  Conditions of Sale and Terms of Payment 
(i.e. Sale, Consignment Shipment, Leased Goods, etc.) 
Conditions de vente et modalit}es de paiement 
(p. ex. vente, exp}dition en consignation, location de marchandises, etc.) 
 
10.  Currency of Settlement/Devises du paiement 
 
11.  No of Pkgs 
Nbre de colis 
 
12.  Specification of Commodities (Kind of Packages, Marks and Numbers, 
General Description and Characteristics, i.e. Grade, Quality) 
D}signation des articles (Nature des colis, marques et num}ros, description 
g}n}rale et caract}ristiques, p. ex. classe, qualit}) 
 
13. Quanity 
(State Unit) 
 
 
Quantit} 
(Pr}ciser l'unit}) 
Selling Price/Prix de vente 
 
14.Unit Price 
Prix unitaire 
 
15.           Total 
 
16.  Total Weight/Poids total 
 
17.  Invoice Total 
Total de la facture 
 
18.  If any of fields 1 to 17 are included on an attached commercial 
invoice, check this box 
Si tout renseignement relativement aux zones 1 a 17 figure sur une ou des 
factures commerciales ci-attach}es, cocher cette case 
 
Commercial Invoice No./No  de la facture 
commerciale 
 
Net 
 
Gross/Brut 
 
19.  Exporter's Name and Address (If other than Vendor) 
Nom et adresse de l'exportateur (s'il differe du vendeur) 
 
20.  Orginator (Name and Address)/Exp}diteur d'origine (Nom et adresse) 
 
21.  Department Ruling (if applicable)/D}cision du Ministere (s'il y a lieu) 
 
22.  If fields 23 to 25 are not applicable, check this box 
Si les zones 23 a 25 sont sans objet, cocher cette case 
 
23.  If included in field 17 indicate amount: 
Si compris dans le total a la zona 17, preciser: 
 
(i)  Transportation charges, expenses and insurance from the place of direct 
shipment to Canada 
Les frais de transport, d}penses et assurances a partir du point 
d'exp}dition directe vers le Canada 
 
 
 
(ii) Costs for construction, erection and assembly incurred after 
importation into Canada 
Les co ts de construction, d'}rection et d'assemblage apr}s importation au 
Canada 
 
 
 
 
(iii)  Export packing 
Le co t de l'emballage d'exportation 
 
 
 
24.  If not included in field 17 indicate amount: 
 
 
Si non compris dans le total a la zone 17, pr}ciser: 
 
(i)  Transportation charges, expenses and insurance to the place of direct 
shipment to Canada 
Les frais de transport, d}penses et assurances jusqu'au point d'exp}dition 
directe vers le Canada 
 
 
 
(ii) Amounts for commissions other than buying commissions 
Les commissions autres que celles vers}es pour l'achat 
 
 
 
(iii)  Export packing 
Le co t de l'emballage d'exportation 
 
 
 
25.  Check (if applicable) 
Cocher (s'il y a lieu) 
 
(i)  Royalty payment or subsequent proceeds are paid or payable by the 
purchaser 
Des redevances ou produits ont }t} ou seront vers}s par l'acheteur 
 
(ii) The purchaser has supplied goods or services for use in the procudtion 
of these goods 
L'acheteur a fourni des marchandises ou des services pour la production des 
marchandises 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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This file extracted from Dept. of Commerce National Trade Data Bank (NTDB)
CD-ROM SuDoc No. C 1.88:993/12. Processed 12/01/1994 by software developed
by RCM (UM-St. Louis Libraries) / OBR_0005