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

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

Permits and Certificates (continued)

Marginal note:Retroactive permits

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

  • 2006, c. 13, s. 112
  • 2018, c. 26, s. 9

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 [Repealed, 1997, c. 14, s. 77]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

Marginal note:Inspectors

 The Minister may designate as an inspector any person who, in the Minister’s opinion, is qualified to be so designated.

  • 2006, c. 13, s. 114

Marginal note:Inspection

  •  (1) An inspector may, at all reasonable times, for any purpose related to the administration or enforcement of this Act, inspect, audit or examine the records of any person or organization that has applied for a permit, an import allocation, an export allocation, a certificate or another authorization under this Act in order to determine whether that or any other person or organization is in compliance with this Act.

  • Marginal note:Powers of inspector

    (2) For the purposes of an inspection, audit or examination, an inspector may

    • (a) enter any place in which the inspector reasonably believes the person or organization keeps records or carries on any activity to which this Act applies; and

    • (b) require any individual to be present during the inspection, audit or examination and require that individual to answer all proper questions and to give to the inspector all reasonable assistance.

  • Marginal note:Prior authorization

    (3) If any place referred to in paragraph (2)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant, except under the authority of a warrant issued under subsection (4).

  • Marginal note:Warrant to enter dwelling-house

    (4) A judge may issue a warrant authorizing an inspector to enter a dwelling-house subject to the conditions specified in the warrant if, on ex parte application by the inspector, a judge is satisfied by information on oath that

    • (a) there are reasonable grounds to believe that the dwelling-house is a place referred to in paragraph (2)(a);

    • (b) entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act; and

    • (c) entry into the dwelling-house has been, or there are reasonable grounds to believe that entry will be, refused.

  • Marginal note:Orders if entry not authorized

    (5) If the judge is not satisfied that entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act, the judge may, to the extent that access was or may be expected to be refused and that a record is or may be expected to be kept in the dwelling-house,

    • (a) order the occupant of the dwelling-house to provide the inspector with reasonable access to any record that is or should be kept in the dwelling-house; and

    • (b) make any other order that is appropriate in the circumstances to carry out the purposes of this Act.

  • Marginal note:Copies of records

    (6) When an inspector inspects, audits, examines or is provided a record under this section, the inspector may make, or cause to be made, one or more copies of the record.

  • 2006, c. 13, s. 114
  • 2018, c. 26, s. 10

Marginal note:Keeping records

  •  (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:Minister may specify information

    (2) The Minister may specify in writing the form that a record is to take and any information that the record must contain.

  • Marginal note:Language and location of record

    (3) Unless otherwise authorized by the Minister, a record shall be kept in Canada in English or French.

  • 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.

  • 2006, c. 13, s. 114
  • 2018, c. 26, s. 11
 
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