Export of Substances on the Export Control List Regulations (SOR/2013-88)

Regulations are current to 2019-06-20 and last amended on 2018-12-30. Previous Versions

Conditions Relative to the Rotterdam Convention (continued)

Exports Requiring a Permit (continued)

Permit Application

Marginal note:Content of application

  •  (1) The application for an export permit must include the information listed in Schedule 2 and be accompanied by

    • (a) a written undertaking dated and signed by the exporter, or by their duly authorized representative, stating that the exporter assumes full responsibility for the removal of the substance from the country of destination and any related costs, including the transportation, care, control and storage of the substance, in the event that the exporter exports the substance in contravention of any conditions set out in the export permit or if the export takes place after the export permit has expired or been cancelled;

    • (b) in the case referred to in subparagraph 12(1)(c)(iii), documentation confirming that the substance has been used in or imported into the country of destination in the last 10 years;

    • (c) in the case referred to in subparagraph 12(1)(c)(iv), the written consent of the designated national authority of the country of destination to the import of the substance; and

    • (d) a certification dated and signed by the exporter, or by their duly authorized representative, stating that the information provided in the application is accurate and complete.

  • Marginal note:Electronic or paper submission

    (2) The application and the documents referred to in subsection (1) may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister.

  • Marginal note:Combined notice and permit application

    (3) If the notice of proposed export and the application for an export permit in relation to a particular substance are provided to the Minister at the same time, the exporter does not need to provide the information referred to in items 1, 2 and 4 to 8 of Schedule 2 if that information is provided in the notice.

  • SOR/2017-11, s. 9

Issuance of Export Permits

Marginal note:Substances subject to prior informed consent procedure

  •  (1) Subject to section 16, in the case of the export of a substance subject to the prior informed consent procedure that is specified in Part 1 of the Export Control List and destined for destruction or a substance subject to the prior informed consent procedure that is specified in Part 2 or 3 of the Export Control List, the Minister must issue an export permit if

    • (a) the permit application is received before the Rotterdam Secretariat has first informed the Rotterdam Parties through the PIC Circular of the country of destination’s response with respect to the import of the substance or of its failure to transmit that response;

    • (b) the permit application is received after the Rotterdam Secretariat has first informed the Rotterdam Parties through the PIC Circular that the country of destination has given consent to the import of the substance; or

    • (c) the permit application is received after the Rotterdam Secretariat has first informed the Rotterdam Parties through the PIC Circular that the country of destination has failed to transmit a response with respect to the import of the substance and

      • (i) the permit application is received before the end of the six-month period that begins on the date of publication of that PIC Circular,

      • (ii) the permit application is received after the end of the 18-month period that begins on the date of publication of that PIC Circular,

      • (iii) no regulatory action has been taken by the country of destination to prohibit the use of the substance and the substance has been used in or imported into the country of destination in the last 10 years, or

      • (iv) the designated national authority of the country of destination has given written consent to the import of the substance.

  • Marginal note:Conditions of import

    (2) An export permit issued under subsection (1) must specify the conditions of import imposed by the country of destination as set out in the PIC Circular or as may be specified in the designated national authority’s written consent, if applicable.

  • SOR/2017-11, s. 10

Marginal note:Other substances — Part 1 of Export Control List

 Subject to section 16, in the case of an export for destruction of a substance — other than a substance subject to the prior informed consent procedure — specified in Part 1 of the Export Control List, the Minister must issue an export permit on receipt of the permit application.

Marginal note:Other substances — Part 3 of Export Control List

 Subject to section 16, the Minister must, on receipt of a permit application, issue an export permit for the export of a substance specified in Part 3 of the Export Control List that is not specified in Annex III of the Rotterdam Convention.

  • SOR/2017-11, s. 11

Marginal note:Expiry of permit

 An export permit expires at the end of the calendar year for which it is issued.

Refusal to Issue Permit

Marginal note:Reasonable grounds

 The Minister must refuse to issue an export permit if the Minister believes on reasonable grounds that

  • (a) the exporter is not able to export the substance in compliance with the Act, these Regulations or the conditions imposed by the country of destination;

  • (b) the export would contravene the Act, any regulations made under the Act or any other measure taken under the Act; or

  • (c) the exporter provided false or misleading information in the notice of proposed export, in the permit application or in any document provided under paragraph 11(1)(b) or (c).

  • SOR/2017-11, s. 12

Cancellation, Amendment or Suspension of Permit

Marginal note:Consent for import not provided

  •  (1) If the Rotterdam Secretariat advises the Rotterdam Parties through the PIC Circular that a country of destination does not consent to the import of a substance for which an export permit has been issued, the Minister must cancel the permit and the cancellation takes effect on the day that is six months after the date of publication of that PIC Circular.

  • Marginal note:Revocation of consent

    (2) If a designated national authority advises the Minister that it revokes its written consent to the import of a substance for which an export permit has been issued, the Minister must cancel the permit and the cancellation takes effect on the day that is 30 days after the day on which the Minister is advised of the revocation.

  • Marginal note:Failure to transmit response

    (3) If the Rotterdam Secretariat advises the Rotterdam Parties for the first time through the PIC Circular that a country of destination has failed to transmit a response with respect to the import of a substance for which an export permit has been issued under paragraph 12(1)(a) or subparagraph 12(1)(c)(i), the Minister must cancel the permit and the cancellation takes effect on the day that is six months after the date of publication of that PIC Circular.

  • Marginal note:Modification of conditions of import — PIC Circular

    (4) If the Rotterdam Secretariat advises the Rotterdam Parties through the PIC Circular that a country of destination has modified the conditions of import of a substance for which an export permit has been issued, the Minister must amend the permit in accordance with the new conditions and the amendment takes effect on the day that is six months after the date of publication of that PIC Circular.

  • Marginal note:Modification of conditions of import — designated national authority

    (5) If a designated national authority advises the Minister that it has modified the conditions of import of a substance for which an export permit has been issued, the Minister must amend the permit in accordance with the new conditions and the amendment takes effect 30 days after the day on which the Minister is advised of the modifications.

  • Marginal note:Obligations of Minister

    (6) The Minister may cancel or amend an export permit under this section only if a notice giving reasons for the amendment or cancellation has been sent to the exporter by mail, electronic mail or facsimile.

Marginal note:Reasonable grounds

  •  (1) The Minister must cancel an export permit if the Minister believes on reasonable grounds that

    • (a) the exporter is not able to export the substance in compliance with the Act, these Regulations or the conditions set out in the export permit;

    • (b) the export contravenes the Act, any regulations made under the Act or any other measure taken under the Act;

    • (c) the exporter failed to comply with a condition set out in the export permit;

    • (d) the exporter failed to comply with the undertaking provided under paragraph 11(1)(a); or

    • (e) the exporter provided false or misleading information in the notice of proposed export, in the permit application or in any document provided under paragraph 11(1)(b) or (c).

  • Marginal note:Notice of proposed cancellation

    (2) The Minister must, before cancelling an export permit under this section, notify the exporter of the proposed cancellation by mail, electronic mail or facsimile.

  • Marginal note:Content of notice

    (3) The notice of proposed cancellation must

    • (a) indicate the reasons for the proposed cancellation;

    • (b) inform the exporter of the interim suspension of the permit; and

    • (c) inform the exporter that it may make written representations concerning the proposed cancellation.

  • Marginal note:Interim suspension of permit

    (4) The export permit is suspended for the period beginning on the day on which the notice of the proposed cancellation is received and ending on the day on which the Minister makes a decision respecting the proposed cancellation.

  • Marginal note:Written representations

    (5) The exporter may, within 15 days after the day on which the notice is received, make written representations concerning the proposed cancellation.

  • Marginal note:Date of receipt

    (6) The notice of proposed cancellation is considered to have been received by the exporter

    • (a) on the day on which it is delivered, if it is delivered personally;

    • (b) on the 10th day after the day on which it is postmarked, if it is sent by mail; or

    • (c) on the date that is indicated by the sending apparatus, if it is sent by electronic mail or by facsimile.

  • SOR/2017-11, s. 13
 
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