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Trade and Cooperation Agreement Between Ontario and Québec

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Trade and Cooperation Agreement Between Ontario and Québec

Office of the Premier

Trade and Cooperation Agreement Between Ontario and Québec

September 2015 Protocol of Amendment

The Government of Ontario and the Government of Québec, Parties to the Trade and Cooperation Agreement between Ontario and Québec, hereby agree to make the following modifications to the Trade and Cooperation Agreement between Ontario and Québec (the "Agreement"), in accordance with the procedure set out in article 14.3 of the Agreement.

Note: All changes relate to both the English and French versions of the Agreement, except where noted.

A. SPECIFIC COMMITMENTS AND RULES

1. Chapter Nine (Public Procurement)

1.1 Replace the current Chapter Nine (Public Procurement) with the new Chapter that is found as Attachment 1 to this Protocol of Amendment.

B. DISPUTE RESOLUTION

2. Chapter Twelve (Dispute Resolution)

2.1 Article 12.2: Application

      a. In the title of the article of the French version, delete the words « et mécanismes
          d'exécution ».

      b. Replace paragraphs 1 to 7 with the following:

            "1. Subject to paragraphs 2 and 3, this Chapter applies to the avoidance and      
                 resolution of disputes between Parties, regarding  the interpretation or application  
                 of this Agreement.

             2. This Chapter applies to Chapter 7 (Financial Services), subject to Article 7.8
                 (Exceptions), and as modified by Articles 7.11 (Dispute Resolution) and 7.12
                 (Financial Services Experts Roster).

             3. This Chapter does not apply to complaints made under Article 9.19 (Bid protest
                 procedures). For greater certainty, a Party may not initiate a dispute under this
                 Chapter on behalf of a supplier with respect to a complaint under Article 9.19 (Bid
                 protest procedures).

             4. This Chapter applies to Chapter 10 (Agriculture and Food Goods), subject to
                 paragraphs 3 and 4 of Article 10.2 (Scope and Coverage), and to Article 10.5
                 (Dispute Settlement).

             5. Where a Party believes that a measure may be inconsistent with both
                 the Agreement on Internal Trade and this Agreement, it may choose one dispute
                 resolution process and, once chosen, shall have no recourse to the other process
                 regarding the same measure."

C. COMING INTO FORCE

3. This protocol of amendment shall come into force for all Parties on January 1st, 2016 with respect to the public procurement of ministries and agencies as defined in Annex 9.1 of the new Chapter Nine that is found as Attachment 1 to this Protocol of Amendment and on September 1st, 2016 for the public procurement of all other covered entities, as defined in the same Annex.  

IN WITNESS WHEREOF, the undersigned being duly authorized by their respective Governments have signed the September 2015 Protocol of Amendment to the Trade and Cooperation Agreement between Ontario and Québec, one in French and the other in English, both versions being regarded as equally authentic and valid.

Signed in Québec City, on the 11th day of September 2015.

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