Assented to 2002-12-12
An Act providing for controls on the export, import or transit across Canada of rough diamonds and for a certification scheme for the export of rough diamonds in order to meet Canada’s obligations under the Kimberley Process
WHEREAS the Kimberley Process establishes minimum requirements for an international scheme of certification for rough diamonds with a view to breaking the link between armed conflict and the trade in rough diamonds;
AND WHEREAS Canada is a participant in the Kimberley Process;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
2 The following definitions apply in this Act.
Canadian Certificate means a Kimberley Process Certificate issued by the Minister under paragraph 9(1)(a). (certificat canadien)
in transit, in respect of rough diamonds, means from a place outside Canada in transit through Canada to a place outside Canada. (en transit)
Processus de Kimberley
Kimberley Process means the international understanding among participants that was recognized by Resolution 55/56 adopted by the General Assembly of the United Nations on December 1, 2000, as that understanding is amended from time to time. (Processus de Kimberley)
Kimberley Process Certificate
certificat du Processus de Kimberley
Kimberley Process Certificate means a document, issued by a participant, that certifies that rough diamonds for export or import or in transit have been handled in a manner that meets the minimum requirements of the Kimberley Process. (certificat du Processus de Kimberley)
Minister means the Minister of Natural Resources. (ministre)
participant means a state, international organization of states or dependent territory of a state, or a customs territory, named in the schedule. (participant)
resident of Canada
résident du Canada
resident of Canada means an individual who ordinarily resides in Canada or a corporation that has its head office, or operates a branch office, in Canada. (résident du Canada)
rough diamond means a diamond that is unsorted, unworked or simply sawn, cleaved or bruted, and that falls under subheading 7102.10, 7102.21 or 7102.31 in the List of Tariff Provisions set out in the schedule to the Customs Tariff, but does not include diamonds that are of a class prescribed by regulation. (diamant brut)
- 2002, c. 25, s. 2;
- 2005, c. 51, s. 1.
Marginal note:Amendment of schedule
3 The Minister may, by order, amend the schedule by adding the name of a state, international organization of states or dependent territory of a state, or a customs territory, that participates in the Kimberley Process or by deleting the name of an entity that ceases to participate in that Process.
4 For the purpose of administering this Act, the Minister may disclose any information received in an application for a Canadian Certificate or gathered in the course of an inspection under this Act if the Minister considers the disclosure to be in the public interest, taking into account the competitive position of the individual, corporation, partnership, trust, organization or association of persons affected by the disclosure.
5 The Minister may collect, compile and use statistics respecting Canadian Certificates and Kimberley Process Certificates accompanying imports into Canada for analysis, study or exchange with other participants. The Minister may also publish those statistics in any form and manner that the Minister considers appropriate.
- 2002, c. 25, s. 5;
- 2005, c. 51, s. 2.
Marginal note:Delegation of ministerial powers, duties and functions
6 The Minister may authorize any person, subject to any terms and conditions that the Minister may specify, to exercise or perform on the Minister’s behalf a power of the Minister under any other provision of this Act except section 3, subsection 7(1) and section 35.
Marginal note:Designation of inspectors and investigators
7 (1) The Minister may designate as an inspector for the administration of this Act, or as an investigator for the enforcement of this Act, any person or class of persons that the Minister considers qualified.
Marginal note:Designation document
(2) The Minister must give every person designated under subsection (1) a designation document specifying the terms and conditions of their designation.
Exporting Rough Diamonds
Marginal note:Requirements for exporting rough diamonds
Marginal note:Rough diamonds to be parcelled separately
(2) Every person who exports rough diamonds must ensure that, on export, the rough diamonds in the container are not parcelled with diamonds excluded from the definition rough diamond or with anything else.
- 2002, c. 25, s. 8;
- 2005, c. 51, s. 3.
Marginal note:Issuance of Canadian Certificate
(a) if the application meets the requirements of the regulations and of subsection (2), issue a Canadian Certificate;
(b) if the application does not meet the requirements of the regulations, send a notice to the applicant containing written reasons for the deficiency; or
(c) if the application does not meet the criteria in subsection (2), reject the application and send to the applicant written reasons for the rejection.
(2) Before issuing a Canadian Certificate, the Minister must be satisfied that
(a) the export is to a participant;
(b) the information contained in the application is accurate;
(c) the rough diamonds in respect of which the application is made originated in Canada, were extracted from mineral concentrates in Canada, were imported from a participant or were in Canada at the time of the coming into force of this section; and
(d) the fees established by the regulations for the issuance of the certificate have been paid.
Marginal note:Notice of deficiency
10 If an applicant who receives a notice under paragraph 9(1)(b) does not remedy the deficiency within such time as the Minister considers reasonable, the Minister may reject the application.
Marginal note:Replacement certificate
11 If any information appearing on a Canadian Certificate is inaccurate or has changed, the Minister may, on application by the holder of the certificate made in accordance with the regulations, issue a replacement certificate.
Marginal note:Invalidation of Canadian Certificate
12 If the Minister determines that information provided by an applicant in order to obtain a Canadian Certificate, or information appearing on the certificate, is inaccurate or has changed, the Minister may invalidate the certificate.
Marginal note:Points of exit
(2) Every person who exports rough diamonds must do so at a point of exit designated under the regulations, if any.
Importing Rough Diamonds
Marginal note:Requirements for importing rough diamonds
14 (1) Every person who imports rough diamonds must ensure that, on import, they are in a container that meets the requirements of the regulations and are accompanied by a Kimberley Process Certificate that
Marginal note:Rough diamonds to be parcelled separately
(2) Every person who imports rough diamonds must ensure that, on import, the rough diamonds in the container are not parcelled with diamonds excluded from the definition rough diamond or with anything else.
- 2002, c. 25, s. 14;
- 2005, c. 51, s. 4.
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