MJIEL Vol 4 Issue 3 2007 - Article 2

Abstract: The Canadian governments contemplated prohibition of service charges on bank machine transactions may infringe upon Canadas obligations under the World Trade Organizations General Agreement on Trade in Services. While such a regulation would not infringe the GATS general obligation of Most Favoured Nation it may breach Canadas specific commitment to National Treatment with respect to foreign banks or non-bank entities which may choose to operate bank machines in Canada. Market Access may be violated either by the anticipated regulation direct discrimination against foreign banks that seek entry into the Canadian market for automated banking services, or by a discriminatory effect on such foreign service suppliers. Potential transgressions will not be saved by the exception for public order because of the availability of consumer choice.

Please Sign in if already registered Subscriber.


Please Register and make the necessary subscription payment to activate your account.

Adobe Reader