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
This enactment fulfils Canada’s undertaking to participate in the Kimberley Process, an international certification scheme that aims to break the link between armed conflict and the trade in rough diamonds.
The enactment permits exports of rough diamonds to be made only to countries participating in the Kimberley Process. It also requires exported and imported rough diamonds to be in prescribed, tamper-resistant containers and to be accompanied by a certificate from a participating country attesting that they have been handled in accordance with 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.
« certificat canadien »
“Canadian Certificate” means a Kimberley Process Certificate issued by the Minister under paragraph 9(1)(a).
« en transit »
“in transit”, in respect of rough diamonds, means from a place outside Canada in transit through Canada to a place outside Canada.
« 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.
“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.
« ministre »
“Minister” means the Minister of Natural Resources.
« participant »
“participant” means a state, international organization of states or dependent territory of a state, or a customs territory, named in the schedule.
“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.
« diamant brut »
“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.
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 publish the number of such certificates.
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
8. Every person who exports rough diamonds must ensure that, on export, they are in a container that meets the requirements of the regulations and are accompanied by a Canadian Certificate.
Marginal note:Issuance of Canadian Certificate
9. (1) On receiving an application for a Canadian Certificate from a resident of Canada for the export of rough diamonds, the Minister must
(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.
13. (1) Every person who exports rough diamonds must report the export to the Minister in accordance with the regulations.
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. 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
(a) was issued by a participant;
(b) has not been invalidated by the participant; and
(c) contains accurate information.
Marginal note:Return of imported rough diamonds
15. (1) If imported rough diamonds arrive in Canada accompanied by a Kimberley Process Certificate that meets the requirements of section 14 but are in a container that has been opened, the Minister may order the person who imported the rough diamonds to return them to the participant who issued the certificate.
(2) If the Minister orders the return of the rough diamonds, they may not be seized.
16. (1) Every person who imports rough diamonds must report the import to the Minister in accordance with the regulations.
Marginal note:Point of entry
(2) Every person who imports rough diamonds must do so at a point of entry designated under the regulations, if any.
IN-TRANSIT ROUGH DIAMONDS
Marginal note:Seizure of in-transit rough diamonds
17. (1) An investigator may seize in-transit rough diamonds if they are not accompanied by a Kimberley Process Certificate or are in a container that has been opened.
Marginal note:Return of in-transit rough diamonds
(2) The Minister may order in-transit rough diamonds accompanied by a Kimberley Process Certificate to be returned to the participant who issued the certificate if they arrive in Canada in a container that has been opened.
Marginal note:No seizure in case of return
(3) If the Minister orders their return, the rough diamonds may not be seized.
18. For the purposes of this Act, in-transit rough diamonds are deemed not to be imported or exported.
19. (1) For the purpose of administering this Act, an inspector may
(a) enter and inspect any place or conveyance, other than a dwelling-place, where the inspector has reason to believe that there are rough diamonds to which this Act applies or any record, book of account or other document or data relevant to the administration of this Act;
(b) open or cause to be opened any package or container that the inspector has reason to believe contains anything referred to in paragraph (a);
(c) require any person to present anything referred to in paragraph (a) for inspection in the manner and under any conditions that the inspector considers necessary to carry out the inspection;
(d) require any person to present any document or thing that may serve to establish the identity of the person or the origin of the rough diamonds;
(e) examine rough diamonds or any other things related to rough diamonds;
(f) examine any record, book of account or other document or data that the inspector has reason to believe contains information that is relevant to the administration of this Act and make copies of any of them; and
(g) take measurements of rough diamonds and conduct tests or analyses that do not affect their value.
Marginal note:Operation of computer and copying equipment
(2) In exercising any of the powers referred to in subsection (1), an inspector may
(a) use any computer or data processing system to examine any data contained in or available to the computer or system;
(b) reproduce any record from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and
(c) use any equipment at the place to make copies of any data or any record, book of account or other document.
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