Export of Substances on the Export Control List Regulations

Marginal note:Reasonable grounds

• 18 (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(2)(a); or

  • (e) the exporter provided false or misleading information in the notice of proposed export or in any document provided under paragraph 11(2)(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.