14.1 A person does not contravene section 13 or 14 if, at the time of exportation or importation, the person would have exported or imported the goods under the authority of and in accordance with an export permit or an import permit issued under this Act had they applied for it, and if, after the exportation or importation, the permit is issued.
- 2006, c. 13, s. 116.
Marginal note:Diversion, etc.
15 (1) Subject to subsection (2), and except with the authority in writing of the Minister, no person shall knowingly do anything in Canada that causes or assists or is intended to cause or assist any shipment, transhipment, diversion or transfer of any goods or technology included in an Export Control List to be made, from Canada or any other place, to any country included in an Area Control List.
Marginal note:Diversion, etc., of automatic firearms
(2) No person shall knowingly do anything in Canada that causes or assists or is intended to cause or assist any shipment, transhipment or diversion of any thing referred to in any of paragraphs 4.1(a) to (c), or any component or part designed exclusively for assembly into such a thing, that is included in an Export Control List, from Canada or any other place, to any country that is not included in an Automatic Firearms Country Control List.
- R.S., 1985, c. E-19, s. 15;
- 1991, c. 28, s. 4;
- 1995, c. 39, s. 173;
- 2004, c. 15, s. 60.
Marginal note:No transfer or unauthorized use of permits
16 No person who is authorized under a permit issued under this Act to export or transfer goods or technology or to import goods shall transfer the permit to, or allow it to be used by, a person who is not so authorized.
- R.S., 1985, c. E-19, s. 16;
- 2004, c. 15, s. 61.
Marginal note:Transfers or unauthorized use
16.1 No person who has been issued an import allocation or an export allocation shall, without the consent of the Minister, transfer it or allow it to be used by another person.
- 1994, c. 47, s. 113;
- 2006, c. 13, s. 117.
Marginal note:False or misleading information, and misrepresentation
17 No person shall wilfully furnish any false or misleading information or knowingly make any misrepresentation in any application for a permit, import allocation, export allocation, certificate or other authorization under this Act or for the purpose of procuring its issue or grant or in connection with any subsequent use of the permit, import allocation, export allocation, certificate or other authorization or the exportation, importation, transfer or disposition of goods or technology to which it relates.
- R.S., 1985, c. E-19, s. 17;
- 1994, c. 47, s. 114;
- 2004, c. 15, s. 62;
- 2006, c. 13, ss. 117, 125.
Marginal note:Aiding and abetting
18 No person shall knowingly induce, aid or abet any person to contravene any of the provisions of this Act or the regulations.
- R.S., c. E-17, s. 18.
Offence and Punishment
Marginal note:Offence and penalty
(a) an offence punishable on summary conviction and liable to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding twelve months, or to both; or
(b) an indictable offence and liable to a fine in an amount that is in the discretion of the court or to imprisonment for a term not exceeding ten years, or to both.
Marginal note:Limitation period
(2) A prosecution under paragraph (1)(a) may be instituted at any time within but not later than three years after the time when the subject-matter of the complaint arose.
Marginal note:Factors to be considered when imposing sentence
(3) If an offender is convicted or discharged under section 730 of the Criminal Code in respect of an offence under this Act or the regulations, the court imposing a sentence on or discharging the offender shall, in addition to considering any other relevant factors, consider the nature and value of the exported or transferred goods or technology, or the imported goods, that are the subject-matter of the offence.
- R.S., 1985, c. E-19, s. 19;
- 1991, c. 28, s. 5;
- 1995, c. 22, s. 18;
- 2004, c. 15, s. 63.
Marginal note:Officers, etc., of corporations
20 Where a corporation commits an offence under this Act, any officer or director of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.
- R.S., c. E-17, s. 20.
Marginal note:Applicant for permit for non-resident
21 Where a permit under this Act is issued to a person who has applied for it for, on behalf of, or for the use of, another person who is not a resident of Canada and that other person commits an offence under this Act, the person who applied for the permit is, whether or not the non-resident has been prosecuted or convicted, guilty of the like offence and liable, on conviction, to the punishment provided for the offence, on proof that the act or omission constituting the offence took place with the knowledge or consent of the person who applied for the permit or that the person who applied therefor failed to exercise due diligence to prevent the commission of the offence.
- R.S., c. E-17, s. 21.
22 (1) Any proceeding in respect of an offence under this Act may be instituted, tried or determined at the place in Canada where the offence was committed or at the place in Canada in which the person charged with the offence is, resides or has an office or place of business at the time of institution of the proceedings.
Marginal note:Proceedings respecting more than one offence
(2) In any proceedings in respect of offences under this Act,
(a) an information may include more than one offence committed by the same person;
(b) all the offences included in the information may be tried concurrently;
(c) one conviction for any or all offences so included may be made; and
(d) no information, warrant, summons, conviction or other proceedings for those offences shall be deemed objectionable on the ground that it relates to two or more offences.
- R.S., c. E-17, s. 22.
23 (1) The original or a copy of a bill of lading, customs form, commercial invoice or other document, in this section called a shipping document, is admissible in evidence in any prosecution under this Act in respect of goods or technology if it appears from the shipping document that
(a) the goods or technology was sent, shipped or transferred from Canada or the goods came into Canada;
(b) a person, as shipper, consignor or consignee, sent, shipped or transferred the goods or technology from Canada or brought the goods into Canada; or
(c) the goods or technology was sent, shipped or transferred to a destination or person other than as authorized in the export permit relating to the goods or technology or the import permit relating to the goods.
Marginal note:Proof of the facts
(2) In the absence of evidence to the contrary, a shipping document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c) that appear from the shipping document.
- R.S., 1985, c. E-19, s. 23;
- 2004, c. 15, s. 64.
Marginal note:Customs officers' duties
24 All officers, as defined in the Customs Act, before permitting the export or transfer of any goods or technology or the import of any goods, shall satisfy themselves that the exporter, importer or transferor, as the case may be, has not contravened any of the provisions of this Act or the regulations and that all requirements of this Act and the regulations with reference to the goods or technology have been complied with.
- R.S., 1985, c. E-19, s. 24;
- R.S., 1985, c. 1 (2nd Supp.), s. 213;
- 2004, c. 15, s. 65.
Marginal note:Application of powers under the Customs Act
25 All officers, as defined in the Customs Act, have, with respect to any goods or technology to which this Act applies, all the powers they have under the Customs Act with respect to the importation and exportation of goods, and all the provisions of that Act and the regulations under it respecting search, detention, seizure, forfeiture and condemnation apply, with such modifications as the circumstances require, to any goods or technology that is tendered for export, transfer or import or is exported, transferred or imported or otherwise dealt with contrary to this Act and the regulations and to all documents relating to the goods or technology.
- R.S., 1985, c. E-19, s. 25;
- R.S., 1985, c. 1 (2nd Supp.), s. 213;
- 2004, c. 15, s. 65.
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