North American Free Trade Agreement (NAFTA)

Act: North American Free Trade Agreement Implementation Act, S.C. 1993, c.44
Regulation: Not applicable.

To Whom Does This Apply?

Anyone interested in trading with Mexico or the United States.

Eligible Area

All Canadian provinces and territories.

Eligible Activities

Trade with Mexico and the United States.

Summary

The North American Free Trade Agreement (NAFTA) came into force on January 1, 1994.

Designed to foster increased trade and investment among the partners, NAFTA contains an ambitious schedule for tariff elimination and reduction of non-tariff barriers, as well as comprehensive provisions on the conduct of business in the free trade area. These include disciplines on the regulation of investment, services, intellectual property, competition and the temporary entry of business persons.

The NAFTA has been a tremendous success in making North America one of the most efficient and competitive regions in the world. By strengthening the rules and procedures governing trade and investment on this continent, it has allowed trade and investment flows to increase. More importantly for the citizens of our three countries, the enhanced economic activity and production in the region has contributed to the creation of more and better paying jobs.

The key provisions of NAFTA are:

• Elimination of Tariffs: Under NAFTA, a tariff-reduction schedule was worked out for trade with the U.S. and Mexico. As of January 1, 2003, virtually all trade between Canada, Mexico and the United States is duty-free.

• National Treatment: Canada, the U.S. and Mexico treat each others' goods, services, and investors as they treat their own. International investors with investments in Canada are covered by NAFTA if they use Canada as a "home base" to make investments in the U.S. or Mexico.

• Dispute Settlement: One of the principal elements of NAFTA is the establishment of a clear set of rules for dealing with the settlement of disputes. Dispute settlement provisions for countervailing duty and anti-dumping matters are covered under Chapter 19. Chapter 20 of NAFTA includes provisions relating to the avoidance or settlement of all disputes regarding the interpretation or application of NAFTA. There are also special rules for disputes under Chapter 11 (Investment) and Chapter 14 (Financial Services).

• Government Procurement: All three countries have agreed to provide substantially increased access to government procurement opportunities not only in goods, but also in services, including construction services.

• Business Travel: To promote trade in goods and services, Chapter 16 of NAFTA facilitates the cross-border movement of business persons who are citizens of member countries of NAFTA. The provisions within Chapter 16 do not alter a member country's general immigration provisions governing public health, safety and national security, nor do they preclude the requirement for temporary workers to meet licensing or certification requirements respecting the exercise of a profession or the delivery of after-sales service.

• Intellectual Property: NAFTA includes comprehensive coverage of intellectual property rights to encompass standards of rules and enforcement.

Publications

The following publications can be accessed and downloaded (PDF files*) from the FAITC Web site:

• The NAFTA at Five Years: A Partnership at Work
• NAFTA Works: Six Years, Three Countries, One Partnership
• NAFTA at Seven: Building on a Successful Partnership
• NAFTA at Eight: A Foundation for Economic Growth
• NAFTA at 10: A Preliminary Report
• NAFTA @ 10: Trade Policy Research (Special Edition)

Taxation and Customs

The Canada Revenue Agency will provide answers to specific tax-related questions and Canada Border Services Agency will answer questions related to customs.

Information

For more information pertaining directly to NAFTA, visit the Frequently Asked Questions and Answers page as well as the Canada and the North American Free Trade Agreement pages on the FAITC Web site.

For information related to other regional or bilateral agreements, please see the Regional and Bilateral Initiatives page on the FAITC Web site.

*To read Adobe Acrobat files you need Adobe Reader (available free of charge).

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Quebec Contact(s):
Customs Client Services
Canada Border Services Agency
5th Floor
400 Place Youville
Montréal, Quebec  H2Y 2C2
Toll-free (information): 1-800-461-9999
Web site: http://www.cbsa.gc.ca/menu-eng.html

Info entreprises (Select "Info entrepreneurs" service)
Foreign Affairs and International Trade Canada
Room 6000
380 St.-Antoine Street West
Montréal, Quebec  H2Y 3X7
Fax: 514-496-5934
Toll-free (information): 1-800-811-1119
TTY Toll-free (hearing impaired): 1-800-457-8466
E-mail: infoentreprises@ccmm.qc.ca
Web site: http://www.infoentrepreneurs.org

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National Contact(s):
Enquiries Service
Foreign Affairs and International Trade Canada
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario  K1A 0G2
Telephone: 613-944-4000
Fax: 613-996-9709
Toll-free (information): 1-800-267-8376
TTY (hearing impaired): 613-944-9136
E-mail: enqserv@international.gc.ca
Web site: http://www.international.gc.ca/menu-en.asp

Export Information Services - ExportSource.ca
Canada Business
Toll-free (information): 1-888-576-4444
TTY Toll-free (hearing impaired): 1-800-457-8466
Web site: http://exportsource.ca/gol/exportsource/site.nsf/en/index.html
Hours of operation: 9:00 a.m. to 5:00 p.m. Monday to Friday