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ARTICLES

LEGAL RESOURSES

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    • Article 1210: Licensing and Certification

    1. With a view to ensuring that any measure adopted or maintained by a Party relating to the licensing or certification of nationals of another Party does not constitute an unnecessary barrier to trade, each Party shall endeavor to ensure that any such measure:

  • Is based on objective and transparent criteria, such as competence and the ability to provide a service;

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  • Is not more burdensome than necessary to ensure the quality of a service; and

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  • Does not constitute a disguised restriction on the cross-border provision of a service.

    • 2. Where a Party recognizes, unilaterally or by agreement, education, experience, licenses or certifications obtained in the territory of another Party or of a non-Party:

  • Nothing in Article 1203 (TLCAN: Art. 1203) shall be construed to require the Party to accord such recognition to education, experience, licenses or certifications obtained in the territory of another Party; and

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  • The Party shall afford another Party an adequate opportunity to demonstrate that education, experience, licenses or certifications obtained in that other Party's territory should also be recognized or to conclude an agreement or arrangement of comparable effect.

    • 3. Each Party shall, within two years of the date of entry into force of this Agreement, eliminate any citizenship or permanent residency requirement set out in its Schedule to Annex I that it maintains for the licensing or certification of professional service providers of another Party. Where a Party does not comply with this obligation with respect to a particular sector, any other Party may, in the same sector and for such period as the noncomplying Party maintains its requirement, solely have recourse to maintaining an equivalent requirement set out in its Schedule to Annex I or reinstating:

  • Any such requirement at the federal level that it eliminated pursuant to this Article; or

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  • On notification to the non-complying Party, any such requirement at the state or provincial level existing on the date of entry into force of this Agreement.

    • 4. The Parties shall consult periodically with a view to determining the feasibility of removing any remaining citizenship or permanent residency requirement for the licensing or certification of each other's service providers.

    5. Annex 1210.5 (TLCAN: Anexo 1210.5) applies to measures adopted or maintained by a Party relating to the licensing or certification of professional service providers.