1. Where the matter in question has not been resolved to the satisfaction of the Initiating Party or to the satisfaction of a Consulting Participant, the Initiating Party, or the Initiating Party and Consulting Participant jointly, may make a written request to the Secretariat, with a copy to the Committee, to establish a Panel. No request to establish a Panel may be made sooner than 120 days after the Initiating Party delivered a request for consultations to the Replying Party pursuant to Article 1702.1(1).
2. With respect to a dispute arising under Annex 608.3 (Incentives), a request may not be made after 2 years from the date of delivery by the Initiating Party of a request for consultations to the Replying Party pursuant to Article 1702.1(1) without the consent of the Replying Party.
3. A request to establish a panel shall:
(a) specify the actual or proposed measure complained of;
(b) list the relevant provisions of this Agreement;
(c) provide a brief summary of the complaint;
(d) explain how the measure has impaired or would impair internal trade; and
(e) identify the actual or potential injury or denial of benefit caused by the actual or proposed measure.
4. The Panel shall be established in accordance with Article 1704 and shall be composed of three members unless the Disputing Parties agree to a Panel composed of one member.
5. Where a Complaining Party requests that a Panel be established on behalf of a person, the Complaining Party shall, at the beginning of the Panel hearing, demonstrate to the satisfaction of the Panel that it has a substantial and direct connection with that person, within the meaning of paragraphs 6, 7 or 8. If the Complaining Party fails to do so, the Panel shall immediately dismiss the complaint for lack of standing.
6. Where the Complaining Party is a Province, it shall be deemed to have a substantial and direct connection with a person if:
(a) the person resides or carries on business in the Province;
(b) the person has suffered an economic injury or denial of benefit; and
(c) the consequences of that economic injury or denial of benefit are being felt in the Province.
7. With respect to disputes arising out of Chapter Seven (Labour Mobility), a Party shall also be deemed to have a substantial and direct connection with a person if the person holds an occupational or professional certificate from that Party and the person has suffered an economic injury or denial of benefit.
8. Where the complaining Party is the Federal Government, it shall be deemed to have a substantial and direct connection with a person if the person has suffered an economic injury or denial of benefit as a result of being treated inconsistently with this Agreement by reason of:
(a) its status as a federally-constituted entity; or
(b) its carrying on business that is a work, undertaking, business or service that is under federal regulatory authority.
9.1 Any Party that has a substantial interest in the matter in dispute within the meaning of paragraph 10, is entitled to join the Panel Proceeding as an Intervenor on delivery of written notice to all other Parties and to the Secretariat within 15 days after the date of delivery by a Complaining Party to the Secretariat of a request to establish a Panel.
9.2 A Consulting Participant, whether or not it has a substantial interest in the matter in dispute within the meaning of paragraph 10, is entitled to be added as a Complaining Party to a Panel Proceeding on delivery of written notice containing the information set out in Article 1703(3)(a) through (e) to all other Parties and to the Secretariat within 15 days after the date of delivery by a Complaining Party to the Secretariat of a request to establish a Panel. Any other Party may only be added as a Complaining Party to a Panel Proceeding if permitted to do so by the Panel.
10. A Party shall be deemed to have a substantial interest in the matter in dispute where:
(a) the Party maintains a measure that is analogous to the one at issue; or
(b) the Party is a Province and has a significant number of persons carrying on business in the Province who are or will be affected by the measure at issue.