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

Act current to 2022-06-20 and last amended on 2021-04-01. Previous Versions

Softwood Lumber Products Export Access (continued)

Marginal note:Export from a region

 An exported softwood lumber product is deemed to be exported from the region where the product underwent its first primary processing, as defined in section 2 of the Softwood Lumber Products Export Charge Act, 2006. If, however, the exported product underwent its first primary processing in Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador, Yukon, the Northwest Territories or Nunavut from softwood sawlogs originating in a region, it is deemed to be exported from that region.

  • 2006, c. 13, s. 111

Permits and Certificates

Marginal note:Export permits

  •  (1) Subject to subsection (2), the Minister may issue to any resident of Canada applying therefor a permit to export or transfer goods or technology included in an Export Control List or to export or transfer goods or technology to a country included in an Area Control List, in such quantity and of such quality, by such persons, to such places or persons and subject to such other terms and conditions as are described in the permit or in the regulations.

  • (1.01) [Repealed, 2018, c. 26, s. 6]

  • Marginal note:General permits

    (1.1) Notwithstanding subsection (1), the Minister may, by order, issue generally to all residents of Canada a general permit to export or transfer to any country specified in the permit any goods or technology included in an Export Control List that are specified in the permit, subject to such terms and conditions as are described in the permit.

  • Marginal note:Export permit for automatic firearm

    (2) The Minister may not issue a permit under subsection (1) to export any thing referred to in any of paragraphs 4.1(a) to (c), or any component or part of such a thing, that is included in an Export Control List unless

    • (a) the export is to a country included in an Automatic Firearms Country Control List; and

    • (b) the prohibited weapon or component or part thereof is exported to the government of, or a consignee authorized by the government of, that country.

  • R.S., 1985, c. E-19, s. 7
  • 1991, c. 28, s. 3
  • 1994, c. 47, s. 107
  • 1995, c. 39, s. 172
  • 2004, c. 15, s. 56
  • 2018, c. 26, s. 7

Marginal note:Brokering permits

  •  (1) The Minister may issue to any person or organization, on application by them, a permit to broker in relation to any goods or technology specified in the permit, subject to the terms and conditions specified in the permit or in the regulations.

  • Marginal note:General permit to broker

    (2) Despite subsection (1), the Minister may, by order, issue generally to all persons and organizations a general permit to broker in relation to any goods or technology specified in the permit, subject to any terms and conditions specified in the permit.

Marginal note:Security considerations — export and brokering

 In deciding whether to issue a permit under subsection 7(1) or 7.1(1), the Minister may, in addition to any other matter that the Minister may consider, take into consideration whether the goods or technology specified in the application for the permit may be used for a purpose prejudicial to the safety or interests of the State by being used to do anything referred to in paragraphs 3(1)(a) to (n) of the Security of Information Act.

Marginal note:Mandatory considerations — export and brokering

  •  (1) In deciding whether to issue a permit under subsection 7(1) or 7.1(1) in respect of arms, ammunition, implements or munitions of war, the Minister shall take into consideration whether the goods or technology specified in the application for the permit

    • (a) would contribute to peace and security or undermine it; and

    • (b) could be used to commit or facilitate

      • (i) a serious violation of international humanitarian law,

      • (ii) a serious violation of international human rights law,

      • (iii) an act constituting an offence under international conventions or protocols relating to terrorism to which Canada is a party,

      • (iv) an act constituting an offence under international conventions or protocols relating to transnational organized crime to which Canada is a party, or

      • (v) serious acts of gender-based violence or serious acts of violence against women and children.

  • Marginal note:Additional mandatory considerations

    (2) In deciding whether to issue a permit under subsection 7(1) or 7.1(1), the Minister shall also take into consideration the considerations specified in regulations made under paragraphs 12(a.2) or (a.3).

Marginal note:Substantial risk

 The Minister shall not issue a permit under subsection 7(1) or 7.1(1) in respect of arms, ammunition, implements or munitions of war if, after considering available mitigating measures, he or she determines that there is a substantial risk that the export or the brokering of the goods or technology specified in the application for the permit would result in any of the negative consequences referred to in subsection 7.3(1).

Marginal note:Import permits

  •  (1) The Minister may issue to any resident of Canada applying therefor a permit to import goods included in an Import Control List, in such quantity and of such quality, by such persons, from such places or persons and subject to such other terms and conditions as are described in the permit or in the regulations.

  • Marginal note:General permits

    (1.1) Notwithstanding subsection (1), the Minister may, by order, issue generally to all residents of Canada a general permit to import any goods included on the Import Control List that are specified in the permit, subject to such terms and conditions as are described in the permit.

  • Marginal note:Import permits

    (2) Notwithstanding subsection (1) and any regulation made under section 12 that is not compatible with the purpose of this subsection, if goods are included on the Import Control List solely for the purpose of collecting information pursuant to subsection 5(4.3), (5) or (6) or 5.4(6), (7) or (8), the Minister shall issue to any resident of Canada applying therefor a permit to import those goods, subject only to compliance with and the application of any regulations made under section 12 that it is reasonably necessary to comply with or apply in order to achieve that purpose.

  • (2.1) and (2.2) [Repealed, 1997, c. 14, s. 75]

  • Marginal note:Goods imported from free trade partner

    (3) If an order has been made under subsection 5(3) or (3.2) that applies, by virtue of subsection 5(4), to goods imported from a free trade partner, or an order has been made under subsection 5(4.1), the Minister shall, in determining whether to issue a permit under this section, be guided, as the case may be, by

    • (a) Article 10.2 of CUSMA;

    • (b) subparagraph 5(b) of Article F-02 of CCFTA; or

    • (c) subparagraph 5(b) of Article 4.6 of CIFTA.

  • (4) [Repealed, 1997, c. 14, s. 75]

  • R.S., 1985, c. E-19, s. 8
  • 1988, c. 65, s. 119
  • 1993, c. 44, s. 150
  • 1994, c. 47, s. 108
  • 1996, c. 33, s. 60
  • 1997, c. 14, s. 75
  • 2002, c. 19, s. 14
  • 2020, c. 1, s. 45

Marginal note:Import and export permits

 Notwithstanding section 7, subsection 8(1) and any regulation made pursuant to section 12 that is not compatible with the purpose of this section, where a certain type of steel or a product made of steel is included on the Export Control List or the Import Control List solely for the purpose described in subsection 5.1(1), the Minister shall issue to any resident of Canada applying therefor a permit to export or import, as the case may be, that type of steel or that product, subject only to compliance with and the application of such regulations made pursuant to section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.

  • R.S., 1985, c. 13 (3rd Supp.), s. 2

Marginal note:Minister to issue permit

 Notwithstanding section 7, subsection 8(1) and any regulation made pursuant to section 12 that is not compatible with the purpose of this section, if goods are included on the Export Control List or the Import Control List solely for the purpose described in subsection 5.2(1), (2) or (3), the Minister shall issue to any resident of Canada applying therefor a permit to export or import, as the case may be, those goods, subject only to compliance with and the application of such regulations made under section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.

  • 1988, c. 65, s. 120
  • 1993, c. 44, s. 151
  • 1997, c. 14, s. 76

Marginal note:Import permits — allocation

  •  (1) Notwithstanding subsection 8(1), where goods have been included on the Import Control List for the purpose of implementing an intergovernmental arrangement or commitment and the Minister has determined an import access quantity for the goods pursuant to subsection 6.2(1), the Minister shall issue a permit to import those goods to any resident of Canada who has an import allocation for the goods and applies for the permit, subject only to compliance with and the application of such regulations made pursuant to section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.

  • Marginal note:Import permits — no allocation

    (2) Notwithstanding subsection 8(1), where goods have been included on the Import Control List for the purpose of implementing an intergovernmental arrangement or commitment and the Minister has determined an import access quantity for the goods pursuant to subsection 6.2(1), but has not issued import allocations for the goods, the Minister shall

    • (a) if in the opinion of the Minister the import access quantity has not been exceeded, issue a permit to import those goods to any resident of Canada who applies for the permit, or

    • (b) issue generally to all residents of Canada a general permit to import those goods,

    subject only to compliance with and the application of such regulations made pursuant to section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.

  • Marginal note:Supplemental import permits

    (3) Notwithstanding subsection 8(1) and subsections (1) and (2) of this section, where goods have been included on the Import Control List and the Minister has determined an import access quantity for the goods pursuant to subsection 6.2(1), the Minister may issue

    • (a) a permit to import those goods in a supplemental quantity to any resident of Canada who applies for the permit, or

    • (b) generally to all residents of Canada a general permit to import those goods in a supplemental quantity,

    subject to such terms and conditions as are described in the permit or in the regulations.

  • 1994, c. 47, s. 109

Marginal note:Export permits — allocation

 Despite subsection 7(1), if goods have been included on the Export Control List, the Minister shall, at the request of any person who has been issued an export allocation under paragraph 6.2(2)(b) with respect to the goods, issue to that person a permit to export the goods, subject to

  • (a) the export allocation; and

  • (b) the person’s compliance with any regulations made under section 12.

  • 2017, c. 6, s. 21

Marginal note:Export permits for softwood lumber products

 Despite subsection 7(1), if softwood lumber products have been included on the Export Control List for the purpose of implementing the softwood lumber agreement, the Minister shall issue a permit to export those products to any person registered under section 23 of the Softwood Lumber Products Export Charge Act, 2006 who applies for the permit, subject only to

  • (a) any export allocation issued to that person under paragraph 6.3(3)(b); and

  • (b) the person’s compliance with any regulations made under section 12.

  • 2006, c. 13, s. 112

Marginal note:Retroactive permits

 An export permit, import permit or brokering permit issued under this Act may, if the permit so provides, be retroactive.

Marginal note:Import certificates

 The Minister may, in order to facilitate importation of goods into Canada and compliance with the laws of the country of export, issue to any resident of Canada applying therefor an import certificate stating that the applicant has undertaken to import the goods described in the certificate within the time specified therein and containing such other information as the regulations require.

  • R.S., c. E-17, s. 9

 [Repealed, 1997, c. 14, s. 77]

Marginal note:Minister may issue certificate — Schedule 4

 The Minister may, for the purpose of implementing an intergovernmental arrangement with a country listed in column 1 of Schedule 4 or with an international organization acting on behalf of such a country — or of implementing an intergovernmental arrangement applicable to a territory listed in column 1  — respecting the administration of the provisions set out in column 2, issue a certificate with respect to an exportation of goods to that country or territory stating the specific quantity of those goods that, on importation into the country or territory, is eligible for the rate of duty provided for in the provisions set out in column 3.

  • 1988, c. 65, s. 121
  • 1997, c. 14, s. 77
  • 2001, c. 28, s. 50
  • 2014, c. 14, s. 19
  • 2017, c. 6, s. 22

Marginal note:Minister may issue certificate

 For the purpose of implementing an intergovernmental arrangement with any country or customs territory respecting the administration of any limitation imposed on the quantity of goods that may be imported into that country or customs territory in any period, the Minister may issue to any resident of Canada who applies, a certificate with respect to an exportation of the goods to the country or customs territory stating the specific quantity of the goods in the shipment in respect of which the certificate is issued that, on importation into the country or customs territory, is eligible for the benefit provided for goods imported within that limitation.

  • 1994, c. 47, s. 110

Marginal note:Alteration of permits, etc.

  •  (1) Subject to subsection (3), the Minister may amend, suspend, cancel or reinstate any permit, import allocation, export allocation, certificate or other authorization issued or granted under this Act.

  • Marginal note:Alteration of permits, etc.

    (2) If a permit has been issued under this Act to any person for the exportation or importation of goods that have been included on the Export Control List or the Import Control List solely for the purpose described in subsection 5(4.3), (5) or (6), 5.1(1), 5.2(1), (2) or (3) or 5.4(6), (7) or (8), and

    • (a) the person furnished, in or in connection with his application for the permit, information that was false or misleading in a material particular,

    • (b) the Minister has, subsequent to the issuance of the permit and on the application of the person, issued to the person under this Act another permit for the exportation or the importation of the same goods,

    • (c) the goods have, subsequent to the issuance of the permit, been included on the Export Control List or the Import Control List for a purpose other than that described in subsection 5(4.3), (5) or (6), 5.1(1), 5.2(1), (2) or (3) or 5.4(6), (7) or (8),

    • (d) it becomes necessary or desirable to correct an error in the permit, or

    • (e) the person agrees to the amendment, suspension or cancellation of the permit,

    the Minister may amend, suspend or cancel the permit, as is appropriate in the circumstances.

  • Marginal note:Idem

    (3) Except as provided in subsection (2), the Minister shall not amend, suspend or cancel a permit that has been issued under this Act in the circumstances described in that subsection unless to do so would be compatible with the purpose of subsection 8(2) or section 8.1 or 8.2, namely, that permits to export or to import goods that have been included on the Export Control List or the Import Control List in those circumstances be issued as freely as possible to persons wishing to export or import those goods and with no more inconvenience to those persons than is necessary to achieve the purpose for which the goods were placed on that List.

  • R.S., 1985, c. E-19, s. 10
  • R.S., 1985, c. 13 (3rd Supp.), s. 3
  • 1988, c. 65, s. 122
  • 1993, c. 44, s. 153
  • 1994, c. 47, s. 111
  • 1996, c. 33, s. 61
  • 1997, c. 14, s. 78
  • 2002, c. 19, s. 15
  • 2006, c. 13, s. 113
 
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