GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Export and Import Permits Act — E-19 7.1
Brokering permits 7.1 (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. 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. 2018, c. 26, s. 8
Export and Import Permits Act — E-19 7.2
Security considerations — export and brokering 7.2 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 Foreign Interference and Security of Information Act . 2018, c. 26, s. 8 2024, c. 16, s. 57
Export and Import Permits Act — E-19 7.3
Mandatory considerations — export and brokering 7.3 (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. 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). 2018, c. 26, s. 8
Export and Import Permits Act — E-19 7.4
Substantial risk 7.4 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). 2018, c. 26, s. 8
Export and Import Permits Act — E-19 8
Import permits 8 (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. 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. 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] 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
Export and Import Permits Act — E-19 8.1
Import and export permits 8.1 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
Export and Import Permits Act — E-19 8.2
Minister to issue permit 8.2 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
Export and Import Permits Act — E-19 8.3
Import permits — allocation 8.3 (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. 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. 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
Export and Import Permits Act — E-19 8.31
Export permits — allocation 8.31 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
Export and Import Permits Act — E-19 8.4
Export permits for softwood lumber products 8.4 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
Export and Import Permits Act — E-19 8.5
Retroactive permits 8.5 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
Export and Import Permits Act — E-19 9
Import certificates 9 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
Export and Import Permits Act — E-19 9.1
Minister may issue certificate — Schedule 4 9.1 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
Export and Import Permits Act — E-19 9.2
Minister may issue certificate 9.2 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
Export and Import Permits Act — E-19 10
Alteration of permits, etc. 10 (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. 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. 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
Export and Import Permits Act — E-19 10.1
Inspectors 10.1 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
Export and Import Permits Act — E-19 10.2
Inspection 10.2 (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. 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. 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). 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. 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. 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
Export and Import Permits Act — E-19 10.3
Keeping records 10.3 (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. 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. Language and location of record (3) Unless otherwise authorized by the Minister, a record shall be kept in Canada in English or French. 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. 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. 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. 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. 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. 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
Export and Import Permits Act — E-19 11
Other lawful obligations not affected by permit, etc. 11 A permit, certificate or other authorization issued or granted under this Act does not affect the obligation of any person to obtain any licence, permit or certificate to export or import that may be required under this or any other law or to pay any tax, duty, toll, impost or other sum required by any law to be paid in respect of the exportation or transfer of goods or technology or the importation of goods. R.S., 1985, c. E-19, s. 11; 2004, c. 15, s. 57
Export and Import Permits Act — E-19 13
Export or attempt to export 13 No person shall export or transfer, or attempt to export or transfer, any goods or technology included in an Export Control List or any goods or technology to any country included in an Area Control List except under the authority of and in accordance with an export permit issued under this Act. R.S., 1985, c. E-19, s. 13; 2004, c. 15, s. 59
Export and Import Permits Act — E-19 14
Import or attempt to import 14 No person shall import or attempt to import any goods included in an Import Control List except under the authority of and in accordance with an import permit issued under this Act. R.S., c. E-17, s. 14
Export and Import Permits Act — E-19 14.1
Exception 14.1 A person does not contravene section 13 or 14 if, at the time of exportation or importation, the person would have exported or imported the goods under the authority of and in accordance with an export permit or an import permit issued under this Act had they applied for it, and if, after the exportation or importation, the permit is issued. 2006, c. 13, s. 116
Export and Import Permits Act — E-19 14.2
Broker or attempt to broker 14.2 (1) No person or organization shall broker, or attempt to broker, except under the authority of and in accordance with a brokering permit issued under this Act. Exception (2) A person or organization does not contravene subsection (1) if, at the time of the alleged contravention, they would have brokered under the authority of and in accordance with a brokering permit issued under this Act had they applied for it, and if, after the alleged contravention, the permit is issued. Act or omission outside Canada (3) Every person or organization that commits an act or omission outside Canada that, if committed in Canada, would constitute a contravention of subsection (1) — or a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, such a contravention — is deemed to have committed that act or omission in Canada if they are (a) a Canadian citizen; (b) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act who, after the commission of the act or omission, is present in Canada; or (c) an organization that is incorporated, formed or otherwise organized under the laws of Canada or a province. Jurisdiction (4) If a person or organization is alleged to have committed an act or omission that is deemed to have been committed in Canada under subsection (3), proceedings for an offence in respect of that act or omission may, whether or not they are in Canada, be commenced in any territorial division in Canada. The person or organization may be tried and punished for that offence as if the offence had been committed in that territorial division. Appearance at trial (5) For greater certainty, the provisions of the Criminal Code relating to the requirements that a person or organization appear at and be present during proceedings and the exceptions to those requirements apply to proceedings commenced in any territorial division under subsection (4). Previously tried outside Canada (6) If a person or organization is alleged to have committed an act or omission that is deemed to have been committed in Canada under subsection (3) and they have been tried and dealt with outside Canada for an offence in respect of the act or omission so that, if they had been tried and dealt with in Canada, they would be able to plead autrefois acquit , autrefois convict or pardon, they are deemed to have been so tried and dealt with in Canada. Exception for foreign trials in absentia (7) Despite subsection (6), a person or organization may not plead autrefois convict to a count that charges an offence in respect of the act or omission if (a) the person or organization was not present and was not represented by counsel acting under the person or organization’s instructions at the trial outside Canada; and (b) the person or organization was not punished in accordance with the sentence imposed on conviction in respect of the act or omission. 2018, c. 26, s. 13