Export and Import Permits Act (R.S.C., 1985, c. E-19)

Act current to 2017-10-13 and last amended on 2017-09-21. Previous Versions

Marginal note:Amendment of lists

 The Governor in Council may revoke, amend, vary or re-establish any Area Control List, Automatic Firearms Country Control List, Export Control List or Import Control List.

  • R.S., 1985, c. E-19, s. 6;
  • 1991, c. 28, s. 3.

Bilateral Emergency Measures: Textile and Apparel Goods

Marginal note:Definition of "originating goods"
  •  (1) In this section, originating goods means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Mexico—United States Tariff, the Chile Tariff or the Costa Rica Tariff.

  • Marginal note:When Minister may take measures

    (2) If at any time it appears to the satisfaction of the Minister that any goods that are referred to in paragraph (a) or (b) and are not originating goods are being imported from a NAFTA country, from Chile or from Costa Rica, as the case may be, in such increased quantities, measured in absolute terms or relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set out

    • (a) in the case of goods listed in Appendix 1.1 of Annex 300-B of NAFTA that are imported from a NAFTA country, in section 5 of that Annex in relation to those goods;

    • (b) in the case of goods listed in Appendix 1.1 of Annex C-00-B of CCFTA that are imported from Chile, in section 4 of that Annex in relation to those goods; and

    • (c) in the case of goods listed in Appendix III.1.1.1 of Annex III.1 of CCRFTA that are imported from Costa Rica, in section 5 of that Annex in relation to those goods.

  • Marginal note:Factors to be considered

    (3) In determining whether the conditions referred to in subsection (2) exist, the Minister shall have regard to paragraph 2 of section 4 of Annex 300-B of NAFTA, paragraph 2 of section 3 of Annex C-00-B of CCFTA or paragraph 2 of section 4 of Annex III.1 of CCRFTA, as the case may be.

  • 1993, c. 44, s. 149;
  • 1994, c. 47, s. 105(F);
  • 1997, c. 14, s. 74, c. 36, s. 210;
  • 2001, c. 28, s. 49.

Import or Export Access

Marginal note:Determination of quantities
  •  (1) Where any goods have been included on the Import Control List for the purpose of implementing an intergovernmental arrangement or commitment, the Minister may determine import access quantities, or the basis for calculating them, for the purposes of subsection (2) and section 8.3 of this Act and for the purposes of the Customs Tariff.

  • Marginal note:Determination of quantities — export

    (1.1) If any goods, other than softwood lumber products to which section 6.3 applies, have been included on the Export Control List under paragraph 3(1)(d), for the purpose of implementing CETA, or under paragraph 3(1)(f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.1) or section 8.31.

  • Marginal note:Allocation method

    (2) If the Minister has determined a quantity of goods under subsection (1) or (1.1), the Minister may

    • (a) by order, establish a method for allocating the quantity to residents of Canada who apply for an allocation; and

    • (b) issue an import allocation or an export allocation, as the case may be, to any resident of Canada who applies for the allocation, subject to the regulations and any terms and conditions the Minister may specify in the allocation.

  • Marginal note:Transfer of allocation

    (3) The Minister may consent to the transfer of an import allocation or an export allocation from one resident of Canada to another.

  • 1994, c. 47, s. 106;
  • 2017, c. 6, s. 20.

Softwood Lumber Products Export Access

Marginal note:Definitions
  •  (1) The following definitions apply in this section and section 6.4.

    BC Coast

    côte de la Colombie-Britannique

    BC Coast means the Coast forest region established by the Forest Regions and Districts Regulation of British Columbia, as it existed on July 1, 2006. (côte de la Colombie-Britannique)

    BC Interior

    intérieur de la Colombie-Britannique

    BC Interior means the Northern Interior forest region and the Southern Interior forest region established by the Forest Regions and Districts Regulation of British Columbia, as they existed on July 1, 2006. (intérieur de la Colombie-Britannique)

    region

    région

    region means Ontario, Quebec, Manitoba, Saskatchewan, Alberta, the BC Coast or the BC Interior. (région)

  • Marginal note:Determination of quantities

    (2) If any softwood lumber products have been included on the Export Control List for the purpose of implementing the softwood lumber agreement, the Minister may determine the quantity of those products that may be exported from a region during a month, or the basis for calculating such quantities, for the purposes of subsection (3) and section 8.4.

  • Marginal note:Allocation method

    (3) If the Minister has determined a quantity of products under subsection (2), the Minister may

    • (a) by order, establish a method for allocating the quantity to persons registered under section 23 of the Softwood Lumber Products Export Charge Act, 2006 who apply for an allocation; and

    • (b) issue an export allocation for a month to any of those persons subject to the regulations and any terms and conditions that the Minister may specify in the export allocation.

  • Marginal note:Transfer of allocation

    (4) The Minister may consent to the transfer of an export allocation from one registered person to another registered person.

  • 2006, c. 13, s. 111.
Marginal note:Export from a region

 An exported softwood lumber product is deemed to be exported from the region where the product underwent its first primary processing, as defined in section 2 of the Softwood Lumber Products Export Charge Act, 2006. If, however, the exported product underwent its first primary processing in Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador, Yukon, the Northwest Territories or Nunavut from softwood sawlogs originating in a region, it is deemed to be exported from that region.

  • 2006, c. 13, s. 111.

Permits and Certificates

Marginal note:Export permits
  •  (1) Subject to subsection (2), the Minister may issue to any resident of Canada applying therefor a permit to export or transfer goods or technology included in an Export Control List or to export or transfer goods or technology to a country included in an Area Control List, in such quantity and of such quality, by such persons, to such places or persons and subject to such other terms and conditions as are described in the permit or in the regulations.

  • Marginal note:Security considerations

    (1.01) In deciding whether to issue a permit under subsection (1), the Minister may, in addition to any other matter that the Minister may consider, have regard to whether the goods or technology specified in an application for a permit may be used for a purpose prejudicial to

    • (a) the safety or interests of the State by being used to do anything referred to in paragraphs 3(1)(a) to (n) of the Security of Information Act; or

    • (b) peace, security or stability in any region of the world or within any country.

  • Marginal note:General permits

    (1.1) Notwithstanding subsection (1), the Minister may, by order, issue generally to all residents of Canada a general permit to export or transfer to any country specified in the permit any goods or technology included in an Export Control List that are specified in the permit, subject to such terms and conditions as are described in the permit.

  • Marginal note:Export permit for automatic firearm

    (2) The Minister may not issue a permit under subsection (1) to export any thing referred to in any of paragraphs 4.1(a) to (c), or any component or part of such a thing, that is included in an Export Control List unless

    • (a) the export is to a country included in an Automatic Firearms Country Control List; and

    • (b) the prohibited weapon or component or part thereof is exported to the government of, or a consignee authorized by the government of, that country.

  • R.S., 1985, c. E-19, s. 7;
  • 1991, c. 28, s. 3;
  • 1994, c. 47, s. 107;
  • 1995, c. 39, s. 172;
  • 2004, c. 15, s. 56.
Marginal note:Import permits
  •  (1) The Minister may issue to any resident of Canada applying therefor a permit to import goods included in an Import Control List, in such quantity and of such quality, by such persons, from such places or persons and subject to such other terms and conditions as are described in the permit or in the regulations.

  • Marginal note:General permits

    (1.1) Notwithstanding subsection (1), the Minister may, by order, issue generally to all residents of Canada a general permit to import any goods included on the Import Control List that are specified in the permit, subject to such terms and conditions as are described in the permit.

  • Marginal note:Import permits

    (2) Notwithstanding subsection (1) and any regulation made under section 12 that is not compatible with the purpose of this subsection, if goods are included on the Import Control List solely for the purpose of collecting information pursuant to subsection 5(4.3), (5) or (6) or 5.4(6), (7) or (8), the Minister shall issue to any resident of Canada applying therefor a permit to import those goods, subject only to compliance with and the application of any regulations made under section 12 that it is reasonably necessary to comply with or apply in order to achieve that purpose.

  • (2.1) and (2.2) [Repealed, 1997, c. 14, s. 75]

  • Marginal note:Goods imported from a free trade partner

    (3) If an order has been made under subsection 5(3) or (3.2) that applies, by virtue of subsection 5(4), to goods imported from a free trade partner, or an order has been made under subsection 5(4.1), the Minister shall, in determining whether to issue a permit under this section, be guided by subparagraph 5(b) of Article 802 of NAFTA, subparagraph 5(b) of Article F-02 of CCFTA or subparagraph 5(b) of Article 4.6 of CIFTA, as the case may be.

  • (4) [Repealed, 1997, c. 14, s. 75]

  • R.S., 1985, c. E-19, s. 8;
  • 1988, c. 65, s. 119;
  • 1993, c. 44, s. 150;
  • 1994, c. 47, s. 108;
  • 1996, c. 33, s. 60;
  • 1997, c. 14, s. 75;
  • 2002, c. 19, s. 14.
 
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