Import Allocation Regulations (SOR/95-36)

Regulations are current to 2016-06-06

Import Allocation Regulations

SOR/95-36

EXPORT AND IMPORT PERMITS ACT

Registration 1994-12-29

Regulations Respecting Import Allocations

P.C. 1994-2175  1994-12-29

His Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, is pleased hereby, pursuant to paragraphs 12(a) to (b)Footnote * of the Export and Import Permits Act, to make the annexed Regulations respecting import allocations, effective on the day on which subsection 112(1) of An Act to implement the Agreement Establishing the World Trade Organization, being chapter 47 of the Statutes of Canada, 1994, comes into force.

Short Title

 These Regulations may be cited as the Import Allocation Regulations.

Interpretation

 In these Regulations,

Act

Act means the Export and Import Permits Act; (Loi)

applicant

applicant means a resident of Canada who applies for an import allocation or a transfer; (requérant)

import allocation

import allocation means an allocation issued under subsection 6.2(2) of the Act; (autorisation d’importation)

transfer

transfer means the purchase, sale or rent for consideration of an import allocation with the consent of the Minister pursuant to subsection 6.2(3) of the Act. (transfert)

Information to Be Furnished by an Applicant

 An applicant shall furnish the Minister with the following information, together with the applicant’s affirmation that the information is true, correct and complete:

  • (a) the applicant’s name and address and confirmation that the applicant is a resident of Canada;

  • (b) information respecting the applicant’s use of like goods during the 12-month period preceding the period in respect of which the import allocation or transfer is to apply;

  • (c) a description of the goods, including the item number assigned to the goods in the Import Control List;

  • (d) whether the applicant, or another person on their behalf, has applied for an import allocation or a transfer, and whether or not the applicant, or another person on their behalf, has been issued an import allocation or has had a transfer consented to, in respect of like goods for the period, or part of the period, in respect of which the import allocation or transfer is to apply;

  • (e) verification of the application by a qualified person, other than the applicant; and

  • (f) any other information requested by the Minister, in any case where the information furnished by the applicant requires clarification or where the description of the goods to be imported is not sufficiently detailed.

Procedure for Issuing or Transferring an Import Allocation

 An applicant shall submit a signed and completed application form available from the Minister.

 When an application for an import allocation or a transfer has been approved and signed by the Minister, the application form, together with all the information furnished in it, becomes a valid import allocation or consent to transfer, as the case may be, that shall not, thereafter, be altered except by the Minister.

Considerations for Issuance or Transfer of an Import Allocation

 The Minister shall take the following considerations into account when deciding whether to issue an import allocation or whether to consent to a transfer:

  • (a) whether the applicant or the import allocation holder, as the case may be, has complied with the provisions of the Act or the regulations made under the Act or any condition of an import allocation or import permit during the 12-month period preceding the period in respect of which the import allocation or transfer is to apply;

  • (b) the potential impact of the issuance of the import allocation or the transfer on the applicable Canadian agro-industrial sector;

  • (c) whether the applicant has furnished the information required by these Regulations;

  • (d) the applicant’s involvement in the applicable Canadian agro-industrial sector, including the production or distribution of like goods, during the 12-month period preceding the period in respect of which the import allocation or transfer is to apply;

  • (e) whether the applicant, or another person on their behalf, has applied for an import allocation or a transfer, and whether or not the applicant, or another person on their behalf, has been issued an import allocation or has had a transfer consented to, in respect of like goods for the period, or part of the period, in respect of which the import allocation or transfer is to apply; and

  • (f) whether the import allocation holder has furnished false or misleading information in connection with any reports required by the Act or the regulations made under the Act or by any condition of an import allocation or import permit during the 12-month period preceding the period in respect of which the import allocation or transfer is to apply.

Additional Considerations for a Consent to Transfer

 The Minister shall take the following additional considerations into account when deciding whether to consent to a transfer:

  • (a) the number of transfers involving either the transferor or the transferee during the 12-month period preceding the period in respect of which the transfer is to apply; and

  • (b) the proportion of the applicable Canadian agro-industrial sector that would be represented by the applicant’s import allocation after the transfer.

Information to Be Supplied After Issuance or Transfer of an Import Allocation

 Every person to whom an import allocation has been issued or transferred shall supply the Minister with the following information:

  • (a) any other information when requested by the Minister in any case where the information furnished by the applicant requires clarification or where the description of the goods to be imported is not sufficiently detailed; and

  • (b) where the person becomes aware that the import allocation or any part of the goods to which it relates has been or will be dealt with by the importer or any other person otherwise than in accordance with the terms of the import allocation or the requirements of these Regulations, a report with full particulars of the circumstances thereof, without delay after becoming aware of those facts.

 
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