GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Export and Import Permits Act — E-19 3
Export control list of goods and technology 3 (1) The Governor in Council may establish a list of goods and technology, to be called an Export Control List, including therein any article the export or transfer of which the Governor in Council deems it necessary to control for any of the following purposes: (a) to ensure that arms, ammunition, implements or munitions of war, naval, army or air stores or any articles deemed capable of being converted thereinto or made useful in the production thereof or otherwise having a strategic nature or value will not be made available to any destination where their use might be detrimental to the security of Canada; (b) to ensure that any action taken to promote the further processing in Canada of a natural resource that is produced in Canada is not rendered ineffective by reason of the unrestricted exportation of that natural resource; (c) to limit or keep under surveillance the export of any raw or processed material that is produced in Canada in circumstances of surplus supply and depressed prices and that is not a produce of agriculture; (c.1) [Repealed, 1999, c. 31, s. 88] (d) to implement an intergovernmental arrangement or commitment; (e) to ensure that there is an adequate supply and distribution of the article in Canada for defence or other needs; (f) to ensure the orderly export marketing of any goods that are subject to a limitation imposed by any country or customs territory on the quantity of the goods that, on importation into that country or customs territory in any given period, is eligible for the benefit provided for goods imported within that limitation; or (g) to facilitate the collection of information in respect of the exportation of goods that were, are, or are likely to be, the subject of trade investigations or trade disputes. Conditions (2) The description of goods set out in the Export Control List may contain conditions that are based on approvals, classifications or determinations made by specified persons or specified government entities, including foreign government entities. R.S., 1985, c. E-19, s. 3; R.S., 1985, c. 12 (3rd Supp.), s. 26; 1999, c. 31, s. 88; 2004, c. 15, s. 54; 2006, c. 13, s. 110; 2017, c. 6, s. 16(F) 2018, c. 26, s. 4
Export and Import Permits Act — E-19 4
Area control list of countries 4 The Governor in Council may establish a list of countries, to be called an Area Control List, including therein any country to which the Governor in Council deems it necessary to control the export or transfer of any goods or technology. R.S., 1985, c. E-19, s. 4; 2004, c. 15, s. 55
Export and Import Permits Act — E-19 4.1
Automatic Firearms Country Control List 4.1 The Governor in Council may, on the recommendation of the Minister made after consultation with the Minister of National Defence, establish a list of countries, to be called an Automatic Firearms Country Control List, to which the Governor in Council considers it appropriate to permit the export of any of the following that is included in an Export Control List, or any component or part of any such thing: (a) a prohibited firearm described in paragraph (c) or (d) of the definition prohibited firearm in subsection 84(1) of the Criminal Code ; (b) a prohibited weapon described in paragraph (b) of the definition prohibited weapon in that subsection; or (c) a prohibited device described in paragraph (a) or (d) of the definition prohibited device in that subsection. 1991, c. 28, s. 2; 1995, c. 39, s. 171 2018, c. 26, s. 5
Export and Import Permits Act — E-19 4.11
Brokering Control List 4.11 (1) The Governor in Council may establish a list of goods and technology, to be called a Brokering Control List, including in it any article that is included in an Export Control List the brokering of which the Governor in Council considers it necessary to control. Conditions (2) The description of any article set out in the Brokering Control List may contain conditions that are based on approvals, classifications or determinations made by specified persons or specified government entities, including foreign government entities. For greater certainty, those conditions may differ from any conditions set out in the description of that article in the Export Control List. 2018, c. 26, s. 5
Export and Import Permits Act — E-19 4.2
Definitions 4.2 (1) In section 5, contribute importantly , in respect of goods imported from a CUSMA country or from Chile, means to be an important cause, but not necessarily the most important cause; ( contribuer de manière importante ) principal cause means an important cause that is no less important than any other cause; ( cause principale ) serious injury means, in relation to domestic producers of like or directly competitive goods, a significant overall impairment in the position of the domestic producers; ( dommage grave ) surge , in respect of goods imported from (a) a CUSMA country, means a significant increase in imports over the trend for a recent representative base period, and (b) Chile, has the meaning given that word by Article F-05 of CCFTA; ( augmentation subite ) threat of serious injury means serious injury that, on the basis of facts, and not merely of allegation, conjecture or remote possibility, is clearly imminent. ( menace de dommage grave ) Application of definition in regulations (2) Any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act defining “like or directly competitive goods” apply for the purposes of sections 5 and 5.4. 1994, c. 47, s. 102; 1996, c. 33, s. 58; 1997, c. 14, s. 71; 2002, c. 19, s. 12; 2009, c. 16, s. 53; 2010, c. 4, s. 45; 2012, c. 26, s. 52 2020, c. 1, s. 41
Export and Import Permits Act — E-19
contribute importantly , in respect of goods imported from a CUSMA country or from Chile, means to be an important cause, but not necessarily the most important cause; ( contribuer de manière importante )
Export and Import Permits Act — E-19
principal cause means an important cause that is no less important than any other cause; ( cause principale )
Export and Import Permits Act — E-19
serious injury means, in relation to domestic producers of like or directly competitive goods, a significant overall impairment in the position of the domestic producers; ( dommage grave )
Export and Import Permits Act — E-19 (a)
surge , in respect of goods imported from (a) a CUSMA country, means a significant increase in imports over the trend for a recent representative base period, and (b) Chile, has the meaning given that word by Article F-05 of CCFTA; ( augmentation subite )
Export and Import Permits Act — E-19
threat of serious injury means serious injury that, on the basis of facts, and not merely of allegation, conjecture or remote possibility, is clearly imminent. ( menace de dommage grave )
Export and Import Permits Act — E-19 5
rom that List, and (ii) in the case of an order under subsection (4.3) in respect of goods referred to in paragraph (4.3)(b), the order under subsection 55(1) or 63(1) of the Customs Tariff that applies to goods of the same kind imported from any other country ceases to have effect. (9) [Repealed, 1997, c. 14, s. 72] R.S., 1985, c. E-19, s. 5; R.S., 1985, c. 1 (2nd Supp.), s. 213, c. 41 (3rd Supp.), s. 127, c. 47 (4th Supp.), s. 52; 1988, c. 65, s. 117; 1993, c. 34, s. 67, c. 44, s. 147; 1994, c. 47, ss. 103, 220; 1996, c. 33, s. 59; 1997, c. 14, s. 72, c. 20, s. 54, c. 36, s. 208; 2009, c. 16, s. 54; 2010, c. 4, s. 46; 2012, c. 26, s. 53; 2017, c. 6, s. 17 2020, c. 1, s. 42
Export and Import Permits Act — E-19 5.1
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. 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. 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. R.S., 1985, c. 13 (3rd Supp.), s. 1
Export and Import Permits Act — E-19 5.2
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. 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. 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. 1988, c. 65, s. 118; 1997, c. 14, s. 73, c. 36, s. 209; 2001, c. 28, s. 48; 2014, c. 14, s. 18; 2017, c. 6, s. 18
Export and Import Permits Act — E-19 5.3
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. 1994, c. 47, s. 104
Export and Import Permits Act — E-19 5.4
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. 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. 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. 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. 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. Expiry date (10) Subsections (1) to (9) cease to have effect on December 11, 2013. 2002, c. 19, s. 13
Export and Import Permits Act — E-19 (a)
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 )
Export and Import Permits Act — E-19
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 )
Export and Import Permits Act — E-19
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 )
Export and Import Permits Act — E-19
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 )
Export and Import Permits Act — E-19 6
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. R.S., 1985, c. E-19, s. 6; 1991, c. 28, s. 3 2018, c. 26, s. 6
Export and Import Permits Act — E-19 6.1
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. 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. 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. 1993, c. 44, s. 149; 1994, c. 47, s. 105(F); 1997, c. 14, s. 74, c. 36, s. 210; 2001, c. 28, s. 49 2020, c. 1, s. 43
Export and Import Permits Act — E-19 6.2
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 . 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. 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. 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. 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. 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. 1994, c. 47, s. 106; 2017, c. 6, s. 20; 2018, c. 23, s. 15, c. 27, s. 415 2020, c. 1, s. 44
Export and Import Permits Act — E-19 6.3
Definitions 6.3 (1) The following definitions apply in this section and section 6.4. 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 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 means Ontario, Quebec, Manitoba, Saskatchewan, Alberta, the BC Coast or the BC Interior. ( région ) 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. 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. Transfer of allocation (4) The Minister may consent to the transfer of an export allocation from one registered person to another registered person. 2006, c. 13, s. 111
Export and Import Permits Act — E-19
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 )
Export and Import Permits Act — E-19
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 )
Export and Import Permits Act — E-19
region means Ontario, Quebec, Manitoba, Saskatchewan, Alberta, the BC Coast or the BC Interior. ( région )
Export and Import Permits Act — E-19 6.4
Export from a region 6.4 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
Export and Import Permits Act — E-19 7
Export permits 7 (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] 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. 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