Export Allocations Regulations (SOR/2017-173)

Regulations are current to 2017-11-20 and last amended on 2017-09-21. Previous Versions

Export Allocations Regulations

SOR/2017-173

EXPORT AND IMPORT PERMITS ACT

Registration 2017-09-01

Export Allocations Regulations

P.C. 2017-1122 2017-08-31

His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 12Footnote a of the Export and Import Permits ActFootnote b, makes the annexed Export Allocations Regulations.

Interpretation

Marginal note:Definition of product

 In these Regulations, product means any product referred to in items 5201 to 5210 of Group 5 of the schedule to the Export Control List.

Export Allocations

Marginal note:Application

 An application under paragraph 6.2(2)(b) of the Export and Import Permits Act for an export allocation with respect to a product shall include, in the form provided by the Minister,

  • (a) the name, address, telephone number and email address of the exporter and of any agent or mandatary applying on the exporter’s behalf;

  • (b) if the exporter or agent or mandatary is a corporation, the name of a contact person for the corporation;

  • (c) the official language selected for communications with the agent or mandatary and the exporter;

  • (d) a description of the product, including the item number assigned to the product in the Export Control List;

  • (e) an indication of whether the exporter and, if applicable, the agent or mandatary are residents of Canada; and

  • (f) any other information requested by the Minister for clarification purposes related to the application.

Marginal note:Considerations to be taken into account

 The Minister shall take the following considerations into account when deciding whether to issue an export allocation:

  • (a) whether the exporter or, if applicable, the agent or mandatary has furnished the information required by these Regulations;

  • (b) whether the exporter has complied with the provisions of the Act, or the regulations made under the Export and Import Permits Act, or any condition of an export allocation or export permit; and

  • (c) whether the exporter has furnished false or misleading information in connection with any reports required by the Act, or the regulations made under the Act, or in connection with any term or condition of an export allocation or export permit.

Marginal note:Information to be supplied

 Every person to whom an export allocation has been issued shall provide the Minister with the following information:

  • (a) any information required by the Minister for clarification purposes related to the export allocation; and

  • (b) a detailed report of the circumstances of the person or of any other person who has failed or will likely fail to comply with the requirements of these Regulations with respect to a product to which the allocation relates or with the terms or conditions of the allocation as soon as the holder becomes aware of those circumstances.

Marginal note:Issuance of export allocation

 When an application for an export allocation has been approved by the Minister, the written approval of the Minister becomes a valid export allocation.

Coming into Force

Footnote * These Regulations come into force on the day on which section 15 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act, chapter 6 of the Statutes of Canada, 2017, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

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