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

Marginal note:Addition to Export Control List or Import Control List

• 5.1 (1) Where at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the exportation or importation of a certain type of steel or a certain product made of steel that is, in the opinion of the Minister, traded in world markets in circumstances of surplus supply and depressed prices and where a significant proportion of world trade in that type of steel or that product is subject to control through the use of non-tariff measure, the Governor in Council may, by order, include, subject to subsection (2), that type of steel or that product on the Export Control List or the Import Control List or on both for the purpose of facilitating the collection of that information.

• Marginal note:Deemed removal from List

  (2) Where any type of steel or any product has been included on the Export Control List or the Import Control List by order of the Governor in Council under subsection (1), that type of steel or that product shall be deemed to be removed from the applicable List on the expiration of the period of three years from the day on which it was included on that List or on such day prior to the expiration of that period as may be specified in the order.

• Marginal note:Tabling of statistical summary in Parliament

  (3) The Minister shall, as soon as possible after the end of each calendar year, prepare a statistical summary of any information collected during that year pursuant to subsection (1) and shall cause a copy of that summary to be laid before each House of Parliament forthwith on the completion thereof or, if either House of Parliament is not then sitting, on any of the first fifteen days next thereafter that it is sitting.

5.11 [Repealed, 1997, c. 14, s. 73]

Marginal note:Addition to Export Control List or Import Control List — Schedule 2

• 5.2 (1) If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the exportation or importation of any goods in respect of which a specified quantity is eligible each year for the rate of duty provided for in provisions, set out in column 2 of Schedule 2, of an intergovernmental arrangement set out in column 1, the Governor in Council may, by order and without reference to that quantity, include those goods on the Export Control List or the Import Control List, or on both, in order to facilitate the collection of that information.

• Marginal note:Addition to Import Control List — Schedule 3

  (2) If at any time it appears to the satisfaction of the Governor in Council that, for the purposes of implementing an intergovernmental arrangement set out column 1 of Schedule 3, it is advisable to collect information with respect to the importation of any goods listed in the provisions of that arrangement set out in column 2, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information.

• Marginal note:Addition to Import Control List

  (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 the importation of any goods in respect of which a specified quantity is eligible for any reduction of customs duty under subsection 49(1) of the Customs Tariff or a reduction of the rate of customs duty under subsection 74(3) of that Act, the Governor in Council may, by order and without reference to that quantity, include those goods on the Import Control List in order to facilitate the collection of that information.

Marginal note:Addition to Import Control List to implement Agreement on Agriculture

5.3 Where at any time it appears to the satisfaction of the Governor in Council that, for the purpose of implementing the Agreement on Agriculture in Annex 1A of the World Trade Organization Agreement, it is advisable to control the importation of goods or collect information with respect to the importation of goods, the Governor in Council may, by order, include the goods on the Import Control List.

Marginal note:Definitions

• 5.4 (1) The following definitions apply in this section.

  action

  action means

  • (a) any action, including a provisional action, taken

    • (i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or

    • (ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or

  • (b) any combination of actions referred to in paragraph (a). (mesure)

  market disruption

  market disruption means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. (désorganisation du marché)

  significant cause

  significant cause means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat. (cause importante)

  WTO Member

  WTO Member means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. (membre de l’OMC)

• Marginal note:Addition to Import Control List — market disruption

  (2) If 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 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that goods originating in the People’s Republic of China are being imported or are likely to be imported into Canada in such increased quantities or under such conditions that they cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, those goods 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 for the period that in the opinion of the Governor in Council is necessary to prevent or remedy the market disruption.

• Marginal note:Addition to Import Control List — trade diversion

  (3) If 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 30.21 or 30.23 of the Canadian International Trade Tribunal Act, that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, any goods originating in the People’s Republic of China 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 that is necessary to prevent or remedy the trade diversion.

• Marginal note:Extension order

  (4) 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 (2) or under section 77.1 or 77.3 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 subsection 30.25(7) of the Canadian International Trade Tribunal Act, that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.

• Marginal note:Repeal or amendment of inclusion order

  (5) 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 (2), (3) or (4) should be repealed or amended, the Governor in Council may, on the recommendation of the Minister, by order, repeal or amend the order.

• Marginal note:Addition to Import Control List

  (6) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made as described in subsection (2), that goods originating in the People’s Republic of China are being imported or are likely to be imported into Canada at such prices, in such quantities or 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 to cause market disruption to domestic producers of like or directly competitive goods, those goods 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

  (7) If 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 an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada so as to make it advisable to collect information with respect to goods originating in the People’s Republic of China in order to ascertain whether the action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, those goods 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

  (8) If, for the purpose of facilitating the implementation of an order made under section 77.1, 77.3 or 77.6 of the Customs Tariff, the Governor in Council considers it necessary to control the importation of goods originating in the People’s Republic of China 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

  (9) If goods are included on the Import Control List by order of the Governor in Council under subsection (8), the goods shall be deemed to be removed from that List on the earlier of

  • (a) the day, if any, specified in that order, and

  • (b) the day on which the order made under section 77.1, 77.3 or 77.6 of the Customs Tariff ceases to have effect or is repealed pursuant to section 77.2, 77.3 or 77.4 of that Act, as the case may be.

• Marginal note:Expiry date

  (10) Subsections (1) to (9) cease to have effect on December 11, 2013.

Marginal note:Amendment of lists

6 The Governor in Council may revoke, amend, vary or re-establish any Area Control List, Automatic Firearms Country Control List, Brokering Control List, Export Control List or Import Control List.

Bilateral Emergency Measures: Textile and Apparel Goods

Marginal note:Definition of originating goods

• 6.1 (1) In this section, originating goods means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Chile Tariff or the Costa Rica Tariff.

• Marginal note:When Minister may take measures

  (2) If at any time it appears to the satisfaction of the Minister that any goods that are referred to in paragraph (b) or (c) and are not originating goods are being imported from Chile or from Costa Rica, as the case may be, in such increased quantities, measured in absolute terms or relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set out

  • (a) [Repealed, 2020, c. 1, s. 43]

  • (b) in the case of goods listed in Appendix 1.1 of Annex C-00-B of CCFTA that are imported from Chile, in section 4 of that Annex in relation to those goods; and

  • (c) in the case of goods listed in Appendix III.1.1.1 of Annex III.1 of CCRFTA that are imported from Costa Rica, in section 5 of that Annex in relation to those goods.

• Marginal note:Factors to be considered

  (3) In determining whether the conditions referred to in subsection (2) exist, the Minister shall have regard to paragraph 2 of section 3 of Annex C-00-B of CCFTA or paragraph 2 of section 4 of Annex III.1 of CCRFTA, as the case may be.

Import or Export Access

Marginal note:Determination of quantities

• 6.2 (1) If any goods have been included on the Import Control List under subsection 5(6) or for the purpose of implementing an intergovernmental arrangement or commitment, the Minister may determine import access quantities, or the basis for calculating them, for the purposes of subsection (2) and section 8.3 of this Act and for the purposes of the Customs Tariff.

• Marginal note:Determination of quantities — export

  (1.1) If any goods, other than softwood lumber products to which section 6.3 applies, have been included on the Export Control List for a purpose referred to in paragraph 3(1)(d) or (f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.1) or section 8.31.

• Marginal note:Allocation method

  (2) If the Minister has determined a quantity of goods under subsection (1) or (1.1), the Minister may

  • (a) by order, establish a method for allocating the quantity to residents of Canada who apply for an allocation; and

  • (b) issue an import allocation or an export allocation, as the case may be, to any resident of Canada who applies for the allocation, subject to the regulations and any terms and conditions the Minister may specify in the allocation.

• Marginal note:Transfer of allocation

  (3) The Minister may consent to the transfer of an import allocation or an export allocation from one resident of Canada to another.

• Marginal note:Payments and securities

  (4) The Minister, in relation to an allocation method established under paragraph (2)(a) or an import allocation issued under paragraph (2)(b), may accept payments and may receive any securities specified by the Minister.

• Marginal note:Export charges on certain dairy products — CUSMA

  (5) The Minister may impose and collect export charges in accordance with Article 3.A.3 of CUSMA.

Softwood Lumber Products Export Access

Marginal note:Definitions

• 6.3 (1) The following definitions apply in this section and section 6.4.

  BC Coast

  BC Coast means the Coast forest region established by the Forest Regions and Districts Regulation of British Columbia, as it existed on July 1, 2006. (côte de la Colombie-Britannique)

  BC Interior

  BC Interior means the Northern Interior forest region and the Southern Interior forest region established by the Forest Regions and Districts Regulation of British Columbia, as they existed on July 1, 2006. (intérieur de la Colombie-Britannique)

  region

  region means Ontario, Quebec, Manitoba, Saskatchewan, Alberta, the BC Coast or the BC Interior. (région)

• Marginal note:Determination of quantities

  (2) If any softwood lumber products have been included on the Export Control List for the purpose of implementing the softwood lumber agreement, the Minister may determine the quantity of those products that may be exported from a region during a month, or the basis for calculating such quantities, for the purposes of subsection (3) and section 8.4.

• Marginal note:Allocation method

  (3) If the Minister has determined a quantity of products under subsection (2), the Minister may

  • (a) by order, establish a method for allocating the quantity to persons registered under section 23 of the Softwood Lumber Products Export Charge Act, 2006 who apply for an allocation; and

  • (b) issue an export allocation for a month to any of those persons subject to the regulations and any terms and conditions that the Minister may specify in the export allocation.

• Marginal note:Transfer of allocation

  (4) The Minister may consent to the transfer of an export allocation from one registered person to another registered person.