1. A person of a Party may commence dispute resolution Proceedings in respect of all matters, other than those covered by Chapter Five (Procurement), where the person has received:
(a) notice under Article 1710(4) that a Party will not initiate dispute resolution Proceedings on the person’s behalf; or
(b) notice under Article 1710(5) that a Party will not request the establishment of a panel.
2. A person of a Party may commence dispute resolution Proceedings in respect of matters covered by Chapter Five (Procurement) where the person has received notice under Article 513(5) (Complaint Procedures - Provinces) that the contact point of the Province where the person is located will not make representations on the person’s behalf or will not request the establishment of a review panel.
3. The person requesting the commencement of dispute resolution Proceedings shall provide written notice to the Party that refused to initiate Proceedings or request a panel, to the Party complained against and to the Secretariat.
4. A person may not commence Proceedings under this Article if the person has failed to:
(a) request a Party to initiate dispute resolution Proceedings under Article 1710(1); or
(b) request a contact point to initiate dispute resolution Proceedings under Article 513(4) (Complaint Procedures - Provinces)
within two years after the date on which the person acquired, or should have acquired, knowledge of the alleged inconsistent measure and knowledge that the person incurred loss or damage or suffered a denial of benefit.
5. In the case of a dispute under Chapter 10 (Alcoholic Beverages), a producer may not initiate Proceedings pursuant to this Article before 90 days have elapsed from the date of a complaint being made pursuant to Article 1009.