Article 401: Reciprocal Non-Discrimination

1. Subject to Article 404, each Party shall accord to goods of any other Party treatment no less favourable than the best treatment it accords to:

(a) its own like, directly competitive or substitutable goods; and

(b) like, directly competitive or substitutable goods of any other Party or non-Party.

2. Subject to Article 404, each Party shall accord to persons, services and investments of any other Party treatment no less favourable than the best treatment it accords, in like circumstances, to:

(a) its own persons, services and investments; and

(b) persons, services and investments of any other Party or non-Party.

3. With respect to the Federal Government, paragraphs 1 and 2 mean that, subject to Article 404, it shall accord to:

(a) the goods of a Province treatment no less favourable than the best treatment it accords to like, directly competitive or substitutable goods of any other Province or non-Party; and

(b) the persons, services and investments of a Province treatment no less favourable than the best treatment it accords, in like circumstances, to persons, services and investments of any other Province or non-Party.

4. The Parties agree that according identical treatment may not necessarily result in compliance with paragraph 1, 2 or 3.