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Export and Import of Rough Diamonds Act (S.C. 2002, c. 25)

Act current to 2022-11-16 and last amended on 2022-05-27. Previous Versions

Export and Import of Rough Diamonds Act

S.C. 2002, c. 25

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

Preamble

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:

Short Title

Marginal note:Short title

 This Act may be cited as the Export and Import of Rough Diamonds Act.

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

Canadian Certificate

Canadian Certificate means a Kimberley Process Certificate issued by the Minister under paragraph 9(1)(a). (certificat canadien)

in transit

in transit, in respect of rough diamonds, means from a place outside Canada in transit through Canada to a place outside Canada. (en transit)

Kimberley Process

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. (Processus de Kimberley)

Kimberley Process Certificate

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. (certificat du Processus de Kimberley)

Minister

Minister means the Minister of Natural Resources. (ministre)

participant

participant means a state, international organization of states or dependent territory of a state, or a customs territory, named in the schedule. (participant)

resident of 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. (résident du Canada)

rough diamond

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, but does not include diamonds that are of a class prescribed by regulation. (diamant brut)

  • 2002, c. 25, s. 2
  • 2005, c. 51, s. 1

Ministerial Powers

Marginal note:Amendment of schedule

 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.

Marginal note:Disclosure

 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.

Marginal note:Statistics

 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 also publish those statistics in any form and manner that the Minister considers appropriate.

  • 2002, c. 25, s. 5
  • 2005, c. 51, s. 2

Marginal note:Delegation of ministerial powers, duties and functions

 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

  •  (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

  •  (1) 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:Rough diamonds to be parcelled separately

    (2) Every person who exports rough diamonds must ensure that, on export, the rough diamonds in the container are not parcelled with diamonds excluded from the definition rough diamond or with anything else.

  • 2002, c. 25, s. 8
  • 2005, c. 51, s. 3

Marginal note:Issuance of Canadian Certificate

  •  (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.

  • Marginal note:Criteria

    (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

 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

 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

 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.

Marginal note:Reporting

  •  (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

  •  (1) 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:Rough diamonds to be parcelled separately

    (2) Every person who imports rough diamonds must ensure that, on import, the rough diamonds in the container are not parcelled with diamonds excluded from the definition rough diamond or with anything else.

  • 2002, c. 25, s. 14
  • 2005, c. 51, s. 4

Marginal note:Return of imported rough diamonds

  •  (1) If imported rough diamonds arrive in Canada accompanied by a Kimberley Process Certificate that meets the requirements of subsection 14(1) 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.

  • Marginal note:Exception

    (2) If the Minister orders the return of the rough diamonds, they may not be seized.

  • 2002, c. 25, s. 15
  • 2005, c. 51, s. 5

Marginal note:Reporting

  •  (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

  •  (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.

Marginal note:Interpretation

 For the purposes of this Act, in-transit rough diamonds are deemed not to be imported or exported.

Inspections

Marginal note:Powers

  •  (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.

Marginal note:Stopping a conveyance

 An inspector may stop a conveyance or direct that it be moved to a place where an inspection may be carried out if the inspector has reason to believe that it contains rough diamonds to which this Act applies or any record, book of account or other document or data that is relevant to the administration of this Act.

Marginal note:Production of designation document

 When exercising their powers under this Act, inspectors must, on request, show their designation document.

Marginal note:Duty to assist

 The owner or person in charge of a place or conveyance that is entered by an inspector and every person found there must give the inspector all reasonable assistance to enable the inspector to exercise his or her powers and carry out his or her duties and provide the inspector with any information relevant to the administration of this Act that the inspector requires.

Investigations

Marginal note:Designation document to be produced

 When exercising their enforcement powers, investigators must, on request, show their designation document.

Marginal note:Entry

 When exercising their enforcement powers, investigators may enter on and pass through or over private property.

Disposition of Things Seized

Marginal note:Notice of reason for seizure

 An investigator or a peace officer who seizes rough diamonds or other things must, as soon as is practicable, advise their owner, or the person having the possession, care or control of them at the time of the seizure, of the reason for the seizure and that an application may be made for their return under subsection 27(4).

Marginal note:Storage or removal

 The investigator or peace officer may store the rough diamonds or other things seized at the place where they were seized or remove them to a secure place for storage.

Marginal note:Duration of detention

  •  (1) Subject to subsection (3), rough diamonds or other things seized may not be detained after

    • (a) an investigator determines that they meet the requirements of this Act; or

    • (b) the expiry of a period of 180 days after the day of their seizure.

  • Marginal note:Return of rough diamonds if no proceedings

    (2) If no prosecution under this Act has been instituted on the expiry of the 180-day period, the rough diamonds or other things seized must be returned to their owner or the person having the possession, care or control of them at the time of their seizure.

  • Marginal note:Exception

    (3) If a prosecution under this Act is instituted, the rough diamonds and other things seized may be detained until the proceedings are concluded.

  • Marginal note:Application for return

    (4) If a prosecution under this Act is instituted and rough diamonds or other things have been seized but not forfeited, their owner or the person having the possession, care or control of them at the time of their seizure may apply to the court before which the proceedings are being held for an order that the rough diamonds or other things be returned.

  • Marginal note:Order

    (5) After hearing the application, the court may order the rough diamonds or other things seized to be returned if the court is satisfied that sufficient evidence exists or may reasonably be obtained without further detaining them.

  • Marginal note:Return of rough diamonds on acquittal

    (6) If the accused is acquitted, the court may order that the rough diamonds or other things seized be returned to their owner or the person having the possession, care or control of them at the time of their seizure.

 
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