1. Subject to paragraphs 2 and 3, this Chapter applies to the avoidance and resolution of disputes between Parties, or persons and Parties, regarding the interpretation or application of this Agreement.
2. This Chapter does not apply to Annex 405.2 (Regulatory Measures and Regulatory Regimes), to Annex 502.3 (Procurement for Commercial Entities), to Annex 502.4 (Procurement for MASH sector), or to Annex 903.1 (MOU re Elimination of Barriers to Trade in Agricultural Products). With respect to paragraphs 8 and 9 of Annex 608.3 (Incentives), only Article 1702.1 (Consultations) of this Chapter applies.
3. Articles 1702.1 through 1707.5 (Government -to-Government Dispute Resolution) do not apply to bid protests initiated under Article 513 (Complaint Procedures - Provinces). Articles 1710 through 1718 (Person-to-Government Dispute Resolution) do not apply to bid protests initiated under Article 514 (Bid Protest Procedures - Federal Government). For greater certainty, a Party may not institute a bid protest procedure on behalf of a supplier under Articles 1702.1 through 1707.5 or 1710 through 1718.
4. Within eighteen months of the Effective Date, each Party shall take steps necessary to:
(a) ensure that any order for Tariff Costs made by a Presiding Body may be enforced in the same manner as an order for costs against the Crown in that Party’s superior courts, and
(b) ensure that any order for monetary penalties made by a Compliance Panel may be enforced,
(i) in the same manner as an order against the Crown in that Party’s superior courts; or
(ii) through a Standby deposited with the Secretariat.
5. Each Party shall notify the Secretariat and all other Parties of the enforcement mechanism it has put in place pursuant to Article 1701(4).
6. Eighteen months after the Effective Date, the Secretariat shall begin to report annually to the Committee on the Parties that have not filed a notification pursuant to Article 1701(5).
7. A Party that fails to comply with Article 1701(4) is subject to the application of Article 1707.3(1) and (2) (Removal of Dispute Resolution Privileges) until such time as it notifies the Secretariat that the required mechanism has been put in place.