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An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments) (S.C. 2018, c. 26)

Assented to 2018-12-13

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

Amendments to the Act (continued)

Marginal note:2006, c. 13, s. 114

  •  (1) Subsection 10.3(1) of the Act is replaced by the following:

    Marginal note:Keeping records

    • 10.3 (1) Every person or organization that applies for a permit, import allocation, export allocation, certificate or other authorization under this Act shall keep all records that are necessary to determine whether they have complied with this Act.

  • Marginal note:2006, c. 13, s. 114

    (2) Subsections 10.3(4) to (8) of the Act are replaced by the following:

    • Marginal note:Electronic records

      (4) Every person or organization that is required to keep a record and that does so electronically shall ensure that all equipment and software necessary to make the record intelligible are available during the retention period required for the record.

    • Marginal note:Inadequate records

      (5) If a person or organization fails to keep adequate records for the purposes of this Act, the Minister may, in writing, require them to keep any records that the Minister may specify, and they shall keep the records specified by the Minister.

    • Marginal note:General period for retention

      (6) Every person or organization that is required to keep records shall retain them until the expiry of six years after the end of the year to which they relate or for any other period that may be prescribed by regulation.

    • Marginal note:Demand by Minister

      (7) If the Minister is of the opinion that it is necessary for the administration or enforcement of this Act, the Minister may, by a demand served personally or sent by mail, require any person or organization that is required to keep records to retain those records for any period that is specified in the demand, and the person or organization shall comply with the demand.

    • Marginal note:Permission for earlier disposal

      (8) A person or organization that is required to keep records may dispose of them before the expiry of the period during which they are required to be kept if written permission for their disposal is given by the Minister.

    • Marginal note:For greater certainty — firearms

      (9) For greater certainty, this section applies in respect of a firearm only if the firearm is included in the Export Control List, Brokering Control List or Import Control List and it is the subject of an application for a permit, certificate or other authorization under this Act.

Marginal note:2006, c. 13, s. 115

  •  (1) Paragraph 12(b) of the Act is replaced by the following:

    • (a.2) specifying, for the purposes of subsection 7.3(2), considerations that the Minister shall take into consideration when deciding whether to issue an export permit under subsection 7(1) in respect of goods or technology included in the Export Control List;

    • (a.3) specifying, for the purposes of subsection 7.3(2), considerations that the Minister shall take into consideration when deciding whether to issue a brokering permit under subsection 7.1(1) in respect of goods or technology included in a Brokering Control List;

    • (b) respecting information to be supplied by persons and organizations that have been issued or granted permits, import allocations, export allocations, certificates or other authorizations under this Act and any other matter associated with their use;

  • Marginal note:2004, c. 15, s. 58

    (2) Paragraph 12(e) of the Act is replaced by the following:

    • (e) exempting any person or organization, any goods or technology or any class of persons or organizations, goods or technology from the operation of any or all of the provisions of this Act;

    • (e.1) specifying activities or classes of activities that do not constitute brokering for the purposes this Act; and

 The Act is amended by adding the following after section 14.1:

Marginal note:Broker or attempt to broker

  • 14.2 (1) No person or organization shall broker, or attempt to broker, except under the authority of and in accordance with a brokering permit issued under this Act.

  • Marginal note:Exception

    (2) A person or organization does not contravene subsection (1) if, at the time of the alleged contravention, they would have brokered under the authority of and in accordance with a brokering permit issued under this Act had they applied for it, and if, after the alleged contravention, the permit is issued.

  • Marginal note:Act or omission outside Canada

    (3) Every person or organization that commits an act or omission outside Canada that, if committed in Canada, would constitute a contravention of subsection (1) — or a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, such a contravention — is deemed to have committed that act or omission in Canada if they are

    • (a) a Canadian citizen;

    • (b) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act who, after the commission of the act or omission, is present in Canada; or

    • (c) an organization that is incorporated, formed or otherwise organized under the laws of Canada or a province.

  • Marginal note:Jurisdiction

    (4) If a person or organization is alleged to have committed an act or omission that is deemed to have been committed in Canada under subsection (3), proceedings for an offence in respect of that act or omission may, whether or not they are in Canada, be commenced in any territorial division in Canada. The person or organization may be tried and punished for that offence as if the offence had been committed in that territorial division.

  • Marginal note:Appearance at trial

    (5) For greater certainty, the provisions of the Criminal Code relating to the requirements that a person or organization appear at and be present during proceedings and the exceptions to those requirements apply to proceedings commenced in any territorial division under subsection (4).

  • Marginal note:Previously tried outside Canada

    (6) If a person or organization is alleged to have committed an act or omission that is deemed to have been committed in Canada under subsection (3) and they have been tried and dealt with outside Canada for an offence in respect of the act or omission so that, if they had been tried and dealt with in Canada, they would be able to plead autrefois acquit, autrefois convict or pardon, they are deemed to have been so tried and dealt with in Canada.

  • Marginal note:Exception for foreign trials in absentia

    (7) Despite subsection (6), a person or organization may not plead autrefois convict to a count that charges an offence in respect of the act or omission if

    • (a) the person or organization was not present and was not represented by counsel acting under the person or organization’s instructions at the trial outside Canada; and

    • (b) the person or organization was not punished in accordance with the sentence imposed on conviction in respect of the act or omission.

Marginal note:2004, c. 15, s. 61

 Section 16 of the Act is replaced by the following:

Marginal note:No transfer or unauthorized use of permits

16 No person or organization that is authorized under a permit issued under this Act to export or transfer goods or technology, to import goods or to broker shall transfer the permit to, or allow it to be used by, a person or organization that is not so authorized.

Marginal note:2006, c. 13, ss. 117 and 125

 Sections 17 and 18 of the Act are replaced by the following:

Marginal note:False or misleading information, and misrepresentation

17 No person or organization shall knowingly 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, brokering, transfer or disposition of goods or technology to which it relates.

Marginal note:Aiding and abetting

18 No person or organization shall knowingly induce, aid or abet any person or organization to contravene any of the provisions of this Act or of the regulations.

 
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