Export and Import Permits Act (R.S.C., 1985, c. E-19)

3.1 [Repealed, 1999, c. 31, s. 89]

Marginal note:Area control list of countries

4 The Governor in Council may establish a list of countries, to be called an Area Control List, including therein any country to which the Governor in Council deems it necessary to control the export or transfer of any goods or technology.

Marginal note:Automatic Firearms Country Control List

4.1 The Governor in Council may, on the recommendation of the Minister made after consultation with the Minister of National Defence, establish a list of countries, to be called an Automatic Firearms Country Control List, to which the Governor in Council considers it appropriate to permit the export of any of the following that is included in an Export Control List, or any component or part of any such thing:

• (a) a prohibited firearm described in paragraph (c) or (d) of the definition prohibited firearm in subsection 84(1) of the Criminal Code;

• (b) a prohibited weapon described in paragraph (b) of the definition prohibited weapon in that subsection; or

• (c) a prohibited device described in paragraph (a) or (d) of the definition prohibited device in that subsection.

Marginal note:Brokering Control List

• 4.11 (1) The Governor in Council may establish a list of goods and technology, to be called a Brokering Control List, including in it any article that is included in an Export Control List the brokering of which the Governor in Council considers it necessary to control.

• Marginal note:Conditions

  (2) The description of any article set out in the Brokering Control List may contain conditions that are based on approvals, classifications or determinations made by specified persons or specified government entities, including foreign government entities. For greater certainty, those conditions may differ from any conditions set out in the description of that article in the Export Control List.

Marginal note:Definitions

• 4.2 (1) In section 5,

  contribute importantly

  contribute importantly, in respect of goods imported from a CUSMA country or from Chile, means to be an important cause, but not necessarily the most important cause; (contribuer de manière importante)

  principal cause

  principal cause means an important cause that is no less important than any other cause; (cause principale)

  serious injury

  serious injury means, in relation to domestic producers of like or directly competitive goods, a significant overall impairment in the position of the domestic producers; (dommage grave)

  surge

  surge, in respect of goods imported from

  • (a) a CUSMA country, means a significant increase in imports over the trend for a recent representative base period, and

  • (b) Chile, has the meaning given that word by Article F-05 of CCFTA; (augmentation subite)

  threat of serious injury

  threat of serious injury means serious injury that, on the basis of facts, and not merely of allegation, conjecture or remote possibility, is clearly imminent. (menace de dommage grave)

• Marginal note:Application of definition in regulations

  (2) Any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act defining “like or directly competitive goods” apply for the purposes of sections 5 and 5.4.

Marginal note:Import control list of goods

• 5 (1) The Governor in Council may establish a list of goods, to be called an Import Control List, including therein any article the import of which the Governor in Council deems it necessary to control for any of the following purposes:

  • (a) to ensure, in accordance with the needs of Canada, the best possible supply and distribution of an article that is scarce in world markets or in Canada or is subject to governmental controls in the countries of origin or to allocation by intergovernmental arrangement;

  • (b) to restrict, for the purpose of supporting any action taken under the Farm Products Marketing Agencies Act, the importation in any form of a like article to one produced or marketed in Canada the quantities of which are fixed or determined under that Act;

  • (c) [Repealed, 1994, c. 47, s. 220]

  • (c.1) to restrict the importation of arms, ammunition, implements or munitions of war, army, naval or air stores, or any articles deemed capable of being converted thereinto or made useful in the production thereof;

  • (d) to implement an action taken under the Agricultural Marketing Programs Act or the Canadian Dairy Commission Act, with the object or effect of supporting the price of the article;

  • (e) to implement an intergovernmental arrangement or commitment; or

  • (f) to prevent the frustration or circumvention of the Agreement on Textiles and Clothing in Annex 1A of the World Trade Organization Agreement by the importation of goods that are like or directly competitive with goods to which the Agreement on Textiles and Clothing applies.

• Marginal note:Statement or summary to be laid before Parliament

  (2) Where any goods are included in the Import Control List for the purpose of ensuring supply or distribution of goods subject to allocation by intergovernmental arrangement or for the purpose of implementing an intergovernmental arrangement or commitment, a statement of the effect or a summary of the arrangement or commitment, if it has not previously been laid before Parliament, shall be laid before Parliament not later than fifteen days after the order of the Governor in Council including those goods in the Import Control List is published in the Canada Gazette pursuant to the Statutory Instruments Act or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

• Marginal note:Addition to Import Control List

  (3) Where at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 20 or 26 of the Canadian International Trade Tribunal Act, that goods of any kind are being imported or are likely to be imported into Canada at such prices, in such quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods, any goods of the same kind may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent and, subject to subsection (7), for the period that in the opinion of the Governor in Council is necessary to prevent or remedy the injury.

• Marginal note:Prohibition against further orders

  (3.1) No order may be made under subsection (3) with respect to goods that have already been the subject of an order made under that subsection or subsection 55(1) of the Customs Tariff unless, after the expiry of the order and any related orders made under subsection (3.2) or (4.1) or under section 60 or subsection 63(1) of the Customs Tariff, there has elapsed a period equal to the greater of two years and the total period during which the order or orders were in effect.

• Marginal note:Extension order

  (3.2) The Governor in Council may, on the recommendation of the Minister, make an extension order including on the Import Control List any goods with respect to which an order has been made under this subsection or subsection (3) or (4.1) or under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff if, at any time before the order expires, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 30.07 of the Canadian International Trade Tribunal Act, that

  • (a) an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods; and

  • (b) there is evidence that the domestic producers are adjusting, as determined in accordance with any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act.

• Marginal note:Period and revocation of extension orders

  (3.3) Every extension order made under subsection (3.2) shall, subject to this section, remain in effect for the period that is specified in the order, but the total of the specified period and the periods during which the goods were previously subject to any related orders made under subsection (3), (3.2) or (4.1) or under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff shall not exceed eight years.

• Marginal note:Exception for goods imported from certain countries

  (3.4) An order made under subsection (3) or (3.2) may exclude goods of any kind imported from a country listed in Schedule 1 if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

• Marginal note:Exception for goods imported from a free trade partner

  (4) Notwithstanding subsections (3) and (3.2), an order made under those subsections may apply to goods imported from a free trade partner only if it appears to the satisfaction of the Governor in Council, on a report of the Minister made on the basis of an inquiry under section 20, 26 or 30.07 of the Canadian International Trade Tribunal Act, that

  • (a) the quantity of those goods represents a substantial share of the quantity of goods of the same kind imported into Canada from all countries;

  • (b) in the case of goods imported from a CUSMA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other CUSMA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

  • (c) in the case of goods imported from any other free trade partner, the quantity of those goods contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

• (4.01) to (4.05) [Repealed, 1997, c. 14, s. 72]

• Marginal note:New order with respect to goods imported from a free trade partner

  (4.1) If an order has been made under subsection (3) or (3.2) that does not, by virtue of subsection (4), apply to goods imported from a free trade partner and it appears to the satisfaction of the Governor in Council, on a report of the Minister made on the basis of an inquiry under section 30.01 or 30.011 of the Canadian International Trade Tribunal Act, that

  • (a) there has been a surge of like goods imported from that free trade partner on or after the coming into force of the order, and

  • (b) as a result of the surge, the effectiveness of the order is being undermined,

  any goods of the same kind imported into Canada from that free trade partner may, by order of the Governor in Council, be included on the Import Control List for the purpose of limiting their importation to prevent the undermining of the effectiveness of the order made under subsection (3) or (3.2).

• Marginal note:Order to specify

  (4.2) An order made under subsection (3) or (3.2) must state whether it applies to goods imported from a free trade partner.

• Marginal note:Addition to Import Control List

  (4.3) If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to goods imported from a free trade partner, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information if those goods are goods

  • (a) to which an order made under subsection (3) or (3.2) does not apply by virtue of subsection (4); or

  • (b) to which an order made under subsection 55(1) or 63(1) of the Customs Tariff does not apply because the goods did not meet the conditions set out in subsection 59(1) or 63(4) of that Act.

• Marginal note:Revocation or amendment of inclusion order

  (4.4) If at any time it appears to the satisfaction of the Governor in Council that an order including any goods on the Import Control List under subsection (3), (3.2) or (4.1) should be revoked or amended, the Governor in Council may, on the recommendation of the Minister, by order, revoke the order or amend it.

• (4.5) to (4.92) [Repealed, 1997, c. 14, s. 72]

• Marginal note:Addition to Import Control List

  (5) Where at any time it appears to the satisfaction of the Governor in Council on a report of the Minister made as described in subsection (3) that goods of any kind are being imported or are likely to be imported into Canada at such prices, in such quantities and under such conditions as to make it advisable to collect information with respect to the importation of those goods in order to ascertain whether the importation is causing or threatening injury to domestic producers of like or directly competitive goods, any goods of the same kind may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information.

• Marginal note:Addition to Import Control List

  (6) If, for the purpose of facilitating the implementation of action taken under subsection 14(2), section 35, 39 or 43, paragraph 53(2)(d), subsection 55(1), section 60 or subsection 63(1) or 82(1) of the Customs Tariff, the Governor in Council considers it necessary to control the importation of any goods or collect information with respect to their importation, the Governor in Council may, by order, include those goods on the Import Control List for that purpose.

• Marginal note:Goods deemed to be removed from List

  (7) Where goods are included on the Import Control List by order of the Governor in Council under subsection (3), (5) or (6), the goods shall be deemed to be removed from that List

  • (a) on the expiration of the period of four years after the day on which they are included on the List by the order; or

  • (b) if the order specifies a day prior to the expiration of the period referred to in paragraph (a) on which they shall be deemed to be removed from that List, on the day specified in the order.

• (7.1) and (7.2) [Repealed, 1997, c. 14, s. 72]

• Marginal note:Goods imported from a free trade partner

  (8) If goods imported from a free trade partner are included on the Import Control List by order of the Governor in Council under subsection (4.1) or (4.3), the goods are deemed to be removed from that List on the earlier of

  • (a) the day specified in the order, and

  • (b) the day on which

    • (i) in the case of an order under subsection (4.1) or under subsection (4.3) in respect of goods referred to in paragraph (4.3)(a), goods of the same kind imported from any other country that were included on that List by an order made under subsection (3) are removed from that List, and

    • (ii) in the case of an order under subsection (4.3) in respect of goods referred to in paragraph (4.3)(b), the order under subsection 55(1) or 63(1) of the Customs Tariff that applies to goods of the same kind imported from any other country ceases to have effect.

• (9) [Repealed, 1997, c. 14, s. 72]