On April 7, 2017, federal, territorial and provincial
governments jointly released the text of the Canadian Free Trade
Agreement (CFTA), which establishes new free trade rules that will
apply within Canada effective July 1, 2017.
The CFTA seeks to improve trade, investment, and worker mobility
within Canada, by reducing, and in some cases eliminating, existing
interprovincial barriers. Regrettably, comprehensive free trade
within Canada continues to be elusive 150 years after
Confederation. The CFTA provides for numerous exceptions within its
335 pages, thus achieving only a partial removal of obstacles to
trade and investment.
CFTA will replace the Agreement on Internal Trade (AIT), which
has been in place since 1995. Unlike AIT, CFTA adopts a
"negative list" approach such that any remaining barriers
have to be specifically expressed in the agreement by the
governments. This approach is an improvement over the AIT's
"positive list" approach, and will significantly