1. Where it is established that a measure is inconsistent with Section "D" (Non-Discrimination) of this Annex, that measure is still permissible under this Annex where it can be demonstrated that:
(a) the purpose of the measure is to achieve a legitimate objective;
(b) the measure does not operate to impair unduly the access of persons, goods, services or investments of a Province that meet that legitimate objective;
(c) the measure is not more trade restrictive than necessary to achieve that legitimate objective; and
(d) the measure does not create a disguised restriction on trade.
2. In this Annex, legitimate objective means one of the following objectives:
(a) public security and safety;
(b) public order;
(c) protection of human, animal or plant life or health;
(d) protection of the environment;
(e) consumer protection;
(f) protection of the health, safety and well-being of workers; or
(g) affirmative action programs for disadvantaged groups;
considering, among other things, where appropriate, fundamental climatic or other geographical factors, technological or infrastructural factors, or scientific justification.
The protection of the production of a Province is not a legitimate objective.