WORLD TRADE  
ORGANIZATION   
G/LIC/N/3/CAN/10 
18 November 2011 
 (11-5998) 
Committee on Import Licensing Original:   English 
  
 
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES
1 
 
Notification under Article 7.3 of the Agreement on Import Licensing Procedures 
 
CANADA 
 
  The following communication, dated 16 November 2011, is being circulated at the request of 
the delegation of Canada.  
_______________ 
 
 Introduction  
  Import licences are required for goods subject to  quantitative restrictions related to measures 
taken to safeguard domestic producers against injurious imports pursuant to either GATT 
Article XIX; for textiles and apparel goods for which a tariff preference level (TPL) is sought under 
the NAFTA; or international commitments (e.g. narc otics and endangered species of fauna and flora). 
Import controls, although not genera lly related to quantity, are also imposed on some products on 
grounds of public interest, or for monitoring pur poses.  This is accomplished either through import 
licensing measures or through certain other formalities at the port of entry.  Effective 1 January 1995 
(1 August 1995 for wheat, wheat products, barley, barley products, butter, dry whey and cream), 
Canada converted its agricultural import controls to a system of tariff rate quotas (TRQs); import 
licences are required as a condition of importation of quantities eligible for the in-quota rate of duty.   Import controls are administered by a limited number of government departments.  It is not 
practical, however, to provide a general description of  the procedures involved as they vary, in certain 
particulars, from department to department.  C onsequently, replies to the Questionnaire have been 
organized according to the different legisla tive instruments under which import controls are 
maintained.  In the case of the Export and Import Pe rmits Act, general responses in respect of dairy 
products;  chicken, turkey and eggs;  broiler hatching eggs and chicks;  beef and veal;  margarine;  
wheat and barley and their products ; and pork have been provided fo r questions 5, 8-10, 12-17 and 
19 of the Questionnaire. Replies to the remaining questions have been organized by the different 
legislative instruments owing to the different procedures involved.  
                                                      
1 See G/LIC/3, Annex, for the Questionnaire. G/LIC/N/3/CAN/10 
Page 2  
 
   
TABLE OF CONTENTS 
 
 
I.  CONTROLLED DRUGS AND SUBSTANCES ACT ........................................................... 3  
II.  NATURAL HEALTH PRODUCTS REGULATIONS ......................................................... 3  
III. EXPLOSIVES ACT ................................................................................................................ .. 5 
IV.  NUCLEAR SAFETY AND CONTROL ACT ........................................................................ 5  
V.  NATIONAL ENERGY BOARD ACT .................................................................................... 5  
VI.  EXPORT AND IMPORT PERMITS ACT ............................................................................ 5  
A. 
GENERAL RESPONSES APPLICABLE TO DAIRY PRODUCTS ; CHICKEN , TURKEY AND 
EGGS ; BROILER HATCHING EGGS AND CHICKS ; BEEF AND VEAL ; MARGARINE ; PORK ; 
AND WHEAT AND BARLEY  ........................................................................................................... 6  
B.  OTHER RESPONSES – BY PRODUCT GROUPS  ................................................................................. 8  
1.  Dairy Products ................................................................................................................ .......... 8 
7.  Frozen Pork from the European Union ................................................................................ 11  
8.  Clothing ...................................................................................................................... .............. 11  
9.  Textiles ...................................................................................................................... ............... 14  
10.  Carbon and Specialty Steel ....................................................................................................  16 
VII. ANIMALS AND PLANTS ..................................................................................................... 18  
A.  PLANT PROTECTION ACT  ........................................................................................................... 18  
VIII. EXPORT AND IMPORT OF ROUGH DIAMONDS ACT ................................................ 21  
  G/LIC/N/3/CAN/10 
 Page 3 
 
 
  I. CONTROLLED DRUGS AND SUBSTANCES ACT 
 No changes  with respect to this section in G/LIC/N/3/CAN/8, dated 16 October 2009. 
 
II. NATURAL HEALTH PRODUCTS REGULATIONS 
Note :  The following relates to import licensing and adm inistrative procedures for health products 
under the Food and Drugs Act  and its associated regulations.  Different health products, covered 
under the Act, are subject to different regulations as listed below:  - Food and Drug Regulations; - Medical Devices Regulations; 
- Natural Health Products Regulations; 
- Processing and Distribution of Semen for Assisted Conception Regulations; - Safety of Cells, Tissues and Organs for Transplantation Regulations.  Outline of system 
 1.  The importation into Canada of drugs, natura l health products and medical devices is subject 
to establishment or site licensing to ensure that  imported substances meet Canadian standards of 
safety, efficacy and quality.  The import of these products is covered by the Food and Drug 
Regulations, the Natural Health Pr oducts Regulations, and Medical Devi ces Regulations respectively.  
In addition to establishment or site licences permitti ng persons to, among other things, import a health 
product, product licences are required for the sal e of each specific health product in Canada. 
  The importation of semen for assisted con ception and cells, tissues and organs (CTO) for 
transplantation are not subject to licensing, but imported products are expected to meet Canadian 
standards for safety and quality as expressed in the respective regulations.  Canadian CTO 
establishments are required to be registered with Health Canada. 
 
Purpose and coverage of licensing 
 
2. Establishment licences are required for "import fo r sale" of drugs (incl uding pharmaceuticals, 
biologics, vaccines, whole blood and its compone nts, and radiopharmeuticals) and medical devices. 
 
 Site licences are required for "import for sale" of natural health produc ts (including vitamins 
and minerals; herbal remedies; homeopathic medici nes; traditional medicines; probiotics; and other 
products like amino acids and essential fatty acids).  
 Registration is required for all CTO (organs and minimally manipulated cells and tissues) 
establishments.  3. The above systems apply to the specified health products from all countries.  4. The licensing is not intended to restrict th e quantity or value of imports; it is intended to 
ensure that imported health produc ts meet Canadian standards of safety, quality, and efficacy.  
Licensing is the most cost effective way to monitor imports.  5. Licensing is a regulatory requirement under th e Food and Drugs Act and its Regulations as 
listed above.  
 
 Product designation is not subject to administrative discretion.   G/LIC/N/3/CAN/10 
Page 4  
 
   Legislative approval would be required to abol ish the licensing/registration systems described 
above.  
Procedures 
 
6. Import of health products by licence holders is not restricted as to the quantity or value of the 
imports.  7. (a) A licence or registration for the importer must have been obtained prior to importation.  No, 
licences cannot be obtained in a shorter time fr ame for products arriving at the port where the 
importer has not already obtained one. 
 
Time to obtain a licence depends on a variety of factors and will depend on the individual 
case.  
(b) No, a licence cannot be granted immediately on request.  Establishment licences, site licences, 
CTO registration and product licences are issued if  a review of the application indicates that 
all requirements of the applicable regulations have been met. 
 (c) No, licence applications and importation are not limited according to time of year.  
(d) Health Canada is the only authority with respect to the above licences or registration. 
 8. Failure to meet the criteria specified in th e regulations will result in an application being 
refused.  Reasons for refusal are given to the appli cant.  There are regulatory requirements for Health 
Canada to provide the applicant with an opportunity to  be heard.  Review of the decision is internal to 
Health Canada.  Applicants have a final right  of appeal through the federal court system. 
 
Eligibility of importers to apply for licence 
 
9. Any person, firm or institution is eligib le to apply for a licence or registration.  
 
 Applicants that do not have a Canadian address must provide the address of a representative 
in Canada with the exception of medical devices where the applicant is not required to have a 
Canadian representative.  There are fees associat ed with drugs and medical devices for both product 
and establishment licences.  There are no other fees. There is a published list of drug, medical devices 
and CTO establishments 
 
Documentational and other requirements fo r application for a permit to import 
 
10. Applications for product licences vary acco rding to product but all the requirements are 
detailed in the applicable regulations.  Applica tions for establishment and site licences and CTO 
registration must contain information on the appli cant's name and address and contact information; 
the activities proposed; the product type; the address of each building where an activity will take 
place; and evidence that they meet the applicable requirements of  the regulations.  11. No specific documents are required upon impor tation, just evidence that the applicable 
licences are in place. The Health Products and Food Br anch of Health Canada can confirm that these 
have been issued. 
 12. There are no fees for semen, CTO, or NHP, th ese are not cost recovered. There are fees for 
drugs and medical devices.  These are published in th e Fees in Respect of Drugs and Medical Devices 
Regulations and depend on the type of licence involved.  G/LIC/N/3/CAN/10 
 Page 5 
 
 
  13. Where fees apply a deposit or advance payment is required for the issuance of a licence.  
Again this amount varies as per the licence and is published in the regulations. 
 
Conditions of permit 
 
14. Establishment licences are subject to annual renewal prior to 1st April each year; CTO 
registration is subject to renewal every second year; and drug and medical device product licences 
require annual notification.  NHP site licences must  be renewed annually for the first 3 years, every 
other year for the next 6 years, and every third year after that; product licences are for an indefinite period. 
 
 The validity period cannot be extended.  15. No penalty is imposed for non-u tilization of a licence or registration. 
 
16. Licences are issued to a specific person. To change the name of the licence holder a 
notification or amendment to the licence is required.  17. A drug establishment licence may be subject to terms and conditions as specified by the 
Minister on the licence when the licence is issued .  These conditions vary according to the licence. 
 Other procedural requirements 
 18. Importers of drugs must provide the address of  buildings where products will be stored but a 
licence is not required for these buildings.  
19. Not applicable. 
 
III. EXPLOSIVES ACT  
 No changes  with respect to this section in G/LIC/N/3/CAN/8, dated 16 October 2009. 
IV. NUCLEAR SAFETY AND CONTROL ACT 
 No changes  with respect to this section in G/LIC/N/3/CAN/9, dated 18 October 2010. 
 
V. NATIONAL ENERGY BOARD ACT 
 No changes  with respect to this section in G/LIC/N/3/CAN/9, dated 18 October 2010. 
 
VI. EXPORT AND IMPORT PERMITS ACT 
Note:   There have been minor changes to the Canada's import licensing regime for the Export and 
Import Permits Act (sections B1-Dairy, B7-Frozen  Pork, B8-Clothing, B9-Textiles, B10-Carbon and 
Specialty Steel)), as described in document G/LI C/N/3/CAN/8, Notification under Article 7.3 of the 
Agreement on Import Licensing Procedures. The c hanges in the aforementioned sections of the 
questionnaire relate to certain clarifications , specific wording changes and updated website 
addresses. For convenience, the en tire questionnaire answers for these sections are provided below. 
Of additional note, which applies to the entire Ex port and Import Permits Act notification, the bureau 
formerly known as Export and Import Controls Bu reau is now the Trade Controls and Technical 
Barriers Bureau.  
 G/LIC/N/3/CAN/10 
Page 6  
 
  A. 
GENERAL RESPONSES APPLICABLE TO DAIRY PRODUCTS ; CHICKEN , TURKEY AND EGGS ; 
BROILER HATCHING EGGS AND CHICKS ; BEEF AND VEAL ; MARGARINE ; PORK ; AND WHEAT 
AND BARLEY  
Note:  Effective 1 January 1995 (or 1 August 1995, for wheat, barley and their products, butter, dry 
whey and cream), in compliance with its World Trade Organization (WTO) commitments, Canada 
converted its agricultural import controls to a system  of tariff rate quotas (TRQs).  Under these TRQs, 
imports within the TRQ level, i.e. within the access commitment, require a permit issued through the 
Trade Controls and Technical Barriers Bureau of the Department of Foreign Affairs and 
International Trade in order to benefit from the lower rate of duty.  Imports over the quota level, 
subject to higher rates of duty, may enter under a General Import Permit.  For wheat, barley and 
their products, the TRQ is administered on a first-come, first-served basis.  
 
 Effective 1 August 1999, Canada established a TRQ for frozen pork imported from the EU as 
a result of the government's retaliation against the EU  due to the EU's refusal to implement the WTO 
dispute settlement findings regardi ng its ban on imports of Canadian  beef produced from cattle using 
growth hormones. 
  Effective 8 September 2008, Cana da implemented import controls for milk protein substances 
with a milk protein content of 85 per cent or more by weight, calculated on the dry matter, that do not 
originate in a NAFTA country, Chile, Costa Rica, or  Israel.  Import controls were established to 
implement a change in Canada's WTO obligations  subsequent to a re-negotiation of a tariff 
concession, outlined in Joint Letters, as conclude d with New Zealand, Switzerland and the EC under 
GATT Article XXVIII.  A TRQ for milk protein substa nces with a milk protein content of 85 per cent 
or more by weight, calculated on the dry matter, that do not originate in a NAFTA country, Chile, 
Costa Rica, or Israel, was established effective 1
st April 2009. Certification of these changes to 
Canada's Schedule V became effective 6 July 2011. 
 
Outline of system 
 
1. See VI. (B). 
 
Purpose and coverage of licensing 
 2-4. See Product Outline in VI. (B).  5. Licensing is maintained through regulations under the Export and Import Permits Act, and in 
the case of frozen pork, pursuant to Subsections  53(2) and 79 of the Customs Tariff, under the 
European Union Surtax Order. 
  Individual products are not designated in the Act.   An Import Control List has been established by regulation by the Governor-in-Council.  The list includes goods, the import of which it is deemed  necessary to control for any of the following 
purposes, namely: 
 - To ensure, in accordance with the needs of Canada, the best possible supply and distribution 
of an article that is scarce in world markets or in Canada or is subject  to government controls 
in the countries of origin or to allocation by inter-governmental arrangement; 
- To restrict, for the purpose of supporting any action taken under the Fa rm Products Marketing 
Agencies Act, the importation in any form of a like article to one produced or marketed in 
Canada the quantities of which are fixe d or determined under that Act;  G/LIC/N/3/CAN/10 
 Page 7 
 
 
  - To implement any action taken under the Farm Income Protection Act, the Fisheries Prices 
Support Act, the Agricultural Products Co-operativ e Marketing Act, the Agricultural Products 
Board Act or the Canadian Dairy Commission Act,  with the object or the effect of supporting 
the price of the article; 
- To implement an intergovernmental arrangement or commitment; and 
- where at any time it appears to the satisfacti on of the Governor-in-Council on a report of the 
Minister made pursuant to an inquiry ma de under section 20 or 26 of the Canadian 
International Trade Tribunal Act by the Canadian  International Trade Tribunal in respect of 
any goods, that goods of any kind are being impor ted or are likely to be imported into Canada 
at such prices, in such quantities and under su ch conditions as to cause or threaten serious 
injury to the production in Canada of like or  directly competitive goods, any goods of the 
same kind may, by order of the Governor-in-Co uncil, be included on the Import Control List 
in order to limit the importation of such goods to the extent and for the period that, in the 
opinion of the Governor-in-Council, is n ecessary to prevent or remedy the injury. 
 
 Once an item has been placed on the Import Contro l List, an import permit, either specific or 
general, is required by the Act to  import such goods into Canada. 
  Specific products can be made subject to eith er individual licensing or open general licensing 
by the Minister.  
 Licensing requirements may be abolished by the Governor-in-Council by removing an item 
from the Import Control List.  Only Parliament ca n alter or amend the Expor t and Import Permits Act. 
 
 The Minister may also decide to allocate sh ares of the within-TRQ access for any product in 
advance.  Where this system is used, import permits  (licences) are normally issued automatically up to 
the level of an importer's share. 
 
Procedures 
 
6-7. See Product Outline in VI. (B).  
8. Permit applications that are complete and meet the general requirements are not normally 
refused.  If eligibility criteria have not been met (e.g., no quota entitlement) or the application 
contains errors, the applicant will be informed; in such event the a pplicant may correct the application 
or request reconsideration, or the applicant ma y choose to pay the over-access tariff and import the 
goods under a General Import Permit, wh ich is automatically applicable. 
 
Eligibility of importers to apply for licence 
 
9. Any resident of Canada may apply for a permit.  Citizenship is not a criterion. 
 
Documentational and other requireme nts for application for licence 
 
10. The applicant is required to provide the in formation requested on the application for an 
import permit.  For certain products, additional inform ation and/or documentati on may be required, as 
indicated in the specific product group responses.  
11. See Product Outline in VI (B). 
 12. Any applicant may apply directly to the De partment of Foreign Affairs and International 
Trade in Ottawa for a permit, for which the asso ciated fee ranges from CAN$15.00 to CAN$31.00, 
according to the value of the goods.   G/LIC/N/3/CAN/10 
Page 8  
 
  For permits issued at other authorized (non- Government) computer terminals, permit fees 
range from CAN$10.00 to CAN$26.00 (according to the value of the goods).  This fee does not cover 
the cost of any additional services provided by such issuers. 
 
13. No. 
 
Conditions of licensing 
 
14. Import permits normally have a validity of 30 days.  Requests for extension of the validity 
period submitted prior to the original expiry date are considered on their merits, e.g., supporting 
documentation outlining extraordinary circumstances that prevented the importation of goods within 
the time frame of the permit.  If a permit has not been used, the importer may apply for its 
cancellation.    15. There is no penalty for non-utilization of im port permits that are returned for cancellation. 
 
16. Permits are not transferable between importers.  17. Under very particular circumstances, specia l conditions may be attached from time to time. 
 
Other procedural requirements 
 
18. No.  19. Not applicable.  
B. 
OTHER RESPONSES – BY PRODUCT GROUPS  
1. Dairy Products 
Outline of system 
 
1. Dairy products remain on the Import Contro l List, established under the Export and Import 
Permits Act;  effective 1 January 1995, existing im port controls on these products were replaced with 
tariff rate quotas (1 August 1995 for butter, cream and dry whey). 
 
Purposes and coverage of licensing 
 
2. Dairy products on the Import Control List and subject to individual import permit licensing 
are:  cheese of all types, butte r, ice cream, yoghurt, cream, condensed milk, powdered buttermilk, dry 
whey, natural milk constituents, and dairy-based  products falling within tariff item number 
1901.90.33.  This action was taken under the authorit y of Paragraph 5(1) (a) and (d) and Section 5.3 
of the Export and Import Permits Act.  Individual import permits are required for each shipment.  3. The system applies to goods originating in and imported from all countries. 
 
4. This licensing system is used to implem ent TRQs for dairy products in accordance with 
Canada's commitments under the WTO.  5. See General Responses.  G/LIC/N/3/CAN/10 
 Page 9 
 
 
  Procedures 
 
6. The following is a list of TRQ levels for the dairy products which are subject to import 
control:  
- The TRQ level for cheese  is 20,411.866 tonnes.  As a result of an agreement between Canada 
and the European Union (EU), not less than 66 per cent of the cheese TRQ is allocated to 
member states of the EU and the remaining 34 per cent is allocated to any other (non-EU) 
country in the world.  Current cheese TRQ a llocation holders who are active in the cheese 
trade have retained a quota, which is allocated on a yearly basis. 
- The TRQ for butter  is 3,274 tonnes.  As a result of an agreement between Canada and 
New Zealand, there is a country reserve of 2, 000 tonnes of butter for New Zealand, with the 
balance open to all supplying countries; imports  from New Zealand are counted against the 
balance only once the reserve is exhausted.  The TRQ that applies to butter has been allocated 
to the Canadian Dairy Commission for the be nefit of processors and further processors. 
- The TRQ for ice cream  is 484 tonnes.  Traditional ice cream importers continue to receive an 
initial allocation, as adjusted, e.g., for under-utili zation; the remainder is allocated to ice 
cream distributors. 
- The TRQ level for yoghurt  is 332 tonnes.  Traditional yoghurt importers continue to receive 
an initial allocation, as adjusted, e.g., for unde r-utilization; the remainder is allocated to 
yoghurt distributors. 
- The TRQ level for cream  is 394 tonnes; allocations are made in priority to importers with 
established distribution lines, and once the requirements of these importing companies have been met, the balance (if any) is allocated to  applicants who can support their application by 
demonstrating that they have in place a di stribution line for this kind of product. 
- The TRQ level for condensed milk  is 11.7 tonnes, allocated on a yearly basis to a traditional 
allocation holder.  The TRQ for condensed m ilk is allocated entirely to Australia. 
- The TRQ level for powdered buttermilk  is 908 tonnes, allocated on a yearly basis to a 
traditional allocation holder.  The TRQ for pow dered buttermilk is allocated entirely to 
New Zealand. 
- The TRQ level for dry whey  is 3,198 tonnes.  Allocations are made in priority to users of 
specialty-type whey not available from domestic sources that can demonstrate a requirement 
for this product in their manufacturing / produc tion formulations.  The balance, if any, is 
allocated to processors and further processors th at can demonstrate a requirement for whey in 
their manufacturing / production formulations. 
- The TRQ level for other products of natural milk constituents  is 4,345 tonnes.  Allocations 
are made in priority to users of milk protein concentrate that can demonstrate a requirement 
for this product in their manufacturing / produc t formulations.  The balance, if any, is 
allocated to processors and further processors that can demonstrate a requirement for other 
products of natural milk constituents in th eir manufacturing / product formulations.   
- The TRQ level for milk protein substances  with a milk protein content of 85 per cent or 
more by weight, calculated on the dry matter
, that do not originate in a NAFTA country, 
Chile, Costa Rica, or Israel, is 10,000 tonnes. 7,500 tonnes are allocated to residents of 
Canada that can demonstrate a requirement for these products in their manufacturing 
operations and product formulations. 2,500 tonnes are made available to residents of Canada 
that purchase (i.e., take ownershi p of) and re-sell these products. 
- The TRQ level for food preparations falling within tariff item number 1901.90.33  is 
70 tonnes.  Allocations are made to food pro cessors that can demonstrate a requirement for 
food preparations in their manufacturing/produc t formulation containing products classified 
under tariff headings 04.01 to 04.04. 
 G/LIC/N/3/CAN/10 
Page 10  
 
  I. Information on TRQs and related formalities is published in the Canada Gazette and in 
Notices to Importers, which are distributed to customs brokers, associations and traders and are available upon request from the Department of Foreign Affairs and International Trade 
(DFAIT). 
 
 Notices to Importers and additional informati on are also available on the DFAIT website at: 
http://www.international.gc.ca/controls-controles/prod/agri/index.aspx 
 II. See the introduction to Section 6.  
III. If an allocation holder uses less than 90 per cent of its allocation (95 per cent for cheese, 
products of natural milk constituents, dry whey, milk protein substances with a milk protein 
content of 85 per cent or more by weight, calculated on the dry matter
, that do not originate 
in a NAFTA country, Chile, Costa Rica, or Israel,  and cream), the allocation in the next 
year will normally reflect the actual level of use.  Allocations not used in a quota year are not 
available for carry-over to the next quota year. 
 
IV. Individual import permits are required for each  shipment at the within-TRQ rates of duty. 
 V-VII. Import permits are issued through an on-line automated system either (a) in the offices of 
customs brokers in major cities across Canada, or (b) at the Trade Controls and Technical 
Barriers Bureau of the Department of Foreign Affairs and International Trade in Ottawa.  
Requests for permits are accepted 30 days prior to the expected date of arrival of the shipment 
to Canada.  Import permits are normally issued with a validity period of 30 days around the 
date of arrival specified by importers (five da ys prior to and 24 days after).  Utilization of 
permits for one quota year may not be utlized in the next quota year. 
 VIII. See the introduction to Section 6. 
 
IX-X. Not applicable.  XI. Supplementary imports may also be authori zed for re-export or to meet domestic market 
shortages. 
 
7. See Section 6. 
 8. See General Responses.  
Eligibility of importers to apply for licence 
 
9. See General Responses.  
Documentational and other requireme nts for application for licence 
 
10. See General Responses. 
 11. Documents required upon actual importation:  import permit, customs entry documents and 
food certificates as required under the Canadi an Dairy Products Act and Regulations. 
 12. Any applicant may directly apply for a perm it via customs brokers equipped with authorized 
computer terminals.  Permit fees range from CAN$10.00 to CAN$26.00 (according to the value of the 
goods). This fee does not cover the cost of any additional services provided by such issuers.  G/LIC/N/3/CAN/10 
 Page 11 
 
 
  Permits may also be requested, by fax, from the Department of Foreign A ffairs and International 
Trade in Ottawa for which the associated fees range from CAN$15.00 to CAN$31.00 (according to 
the value of the goods).   13. No. 
 
Conditions of licensing 
 
14-17. See General Responses.  Other procedural requirements 
 18-19. See General Responses.  
7. Frozen Pork from the European Union 
Outline of system 
 
1. Effective 29 July 2011, frozen pork under tariff item 0203.29.00 was removed from Canada's 
Import Control List (ICL) and the European Union Surtax Order was repealed. 
8. Clothing 
Outline of system 
 
1. Clothing is on the Import Control List, est ablished pursuant to the Export and Import Permits 
Act (EIPA).  Quantitative restraints (i.e., quotas) on imports of clothing and ha ndbags were eliminated 
for goods shipped after 31 December 2004 in accord ance with the WTO Agreement on Textiles and 
Clothing (ATC).  Individual import licensing or open general licensing requi rements for such goods 
were eliminated on 1 April 2005.  An import licensing  system remains in place for clothing shipped in 
connection with Tariff Preference Level (TPL) provisions established pursuant to the North 
American, Canada-Chile and Canada-Costa Rica Free Trade Agreements.  
Purposes and coverage of licensing 
 
2. Clothing products on the Import Control List subject to individual import permits for TPL are 
as follows: cotton or man-made fibre apparel and made-up goods; and, wool  apparel and made-up 
goods.  3. The system applies to imports from Unit ed States, Mexico, Chile and Costa Rica. 
 
4. Tariff Preference Levels (TPL) are special FTA  provisions that provide tariff preferences for 
imports of non-originating textile  and apparel goods up to a specified quantity. Above these specified 
quantities, non-originating textile and apparel goods are subject to th e Most-Favoured-Nation rate of 
duty. The import licensing system is in place in order to administer quantitative import limits on 
goods shipped in connection with TPL provisions established pursuant to these Free Trade 
Agreements. 
 5. The EIPA provides for the establishment of  an Import Control List to implement an 
intergovernmental arrangement or to prevent the frustration or the circumvention of such 
arrangements.  Import permits are issued for goods , including clothing, on the Import Control List. 
 G/LIC/N/3/CAN/10 
Page 12  
 
  Procedures 
 
6. The TPL levels primary units of measure are converted into Square Metre Equivalents (SME) 
by means of conversion factors found in each FTA.  The yearly TPL levels for each FTA are as follows: 
 
- Canada-Costa Rica Free Trade Agre ement - Apparel goods: 1,379,570 SME. 
- Canada-Chile Free Trade Agreement - Cotton or man-made fibre a pparel and made-up goods: 
2,252,324 SME; and Wool apparel and made-up goods: 112,616 SME. 
- North America Free Trade Agreement - United St ates: Cotton or man-made fibre apparel and 
made-up goods: 9,000,000 SME; and Wool a pparel and made-up goods: 919,740; Mexico: 
Cotton or man-made fibre apparel and made -up goods: 6,000,000 SME;  and Wool apparel 
and made-up goods: 250,000 SME. 
- There are no allocations to importers. The TPLs are administered on a first-come, first-served 
basis from 1 January to 31 December each year. 
 
I. Information on TPL and related formalities ar e published in the Canada Gazette, Canada 
Border Services Agency (CBSA) D-Memora nda and in Notices to Importers. This 
information is available to customs brokers, associations and traders and upon request from 
the Department of Foreign Affairs and International Trade (DFAIT). 
 
Notices to Importers and additional informati on are also available on the DFAIT and CBSA 
websites at:   http://www.international.gc.ca/controls-cont roles/textiles/index.aspx?menu_id=21&view=d 
http://www.cbsa-asfc.gc.ca/publications/dm-md/d11/d11-4-22-eng.html  
II. See the introduction to Section 6. 
 III. TPL not used in one year is not available for carry-over in the following year.  IV. Applications for TPL permits are accepted until the TPL level for a given TPL is filled. 
 
V-VII. Import permits are issued through an on-line automated system either (a) in the offices of 
customs brokers in major cities across Canada, or (b) at the Trade Controls and Technical 
Barriers Bureau of the Department of Foreign Affairs and International Trade in Ottawa.  
Requests for permits are accepted 30 days prior to the expected date of arrival of the shipment 
to Canada.  Import permits are normally issued with a validity period of 30 days around the 
date of arrival specified by importers (five da ys prior to and 24 days after). Utilization of 
permits for one quota year is not allowed in the next quota year. 
 VIII. TPL is made available on a first-come, first-served basis, whereby import permits are issued 
to importers on demand until the TPL has been filled in a given year. 
 
IX-X. Not applicable. 
 
XI. No.  7.(a) An import permit is required for each shipment  of clothing for which a TPL benefit is sought.  
An importer may apply for an import permit up to 30 days prior to the expected date of arrival 
of the associated goods. 
 (b) A permit is normally granted immediately upon request.    G/LIC/N/3/CAN/10 
 Page 13 
 
 
  (c) See response to 7(a). 
 (d) Permit applications are considered by on ly one organization, the Trade Controls and 
Technical Barriers Bureau, Department of Foreign Affairs and International Trade. 
 
8. Import permits are not normally refused if the criteria relating to issuance are met.  If a permit 
is refused, for example, because of incomplete info rmation on the application, the applicant is advised 
and given the opportunity to correct the application.  
Eligibility of importers to apply for licence 
 
9. Any resident of Canada may apply for an import permit.   
 
Documentational and other requireme nts for application for licence 
 
10. Instructions and the information required to  complete an import permit application and the 
form can be found on the web at:     http://www.international.gc.ca/controls -controles/about-a_propos/impor/permits-
licences.aspx? menu_id=62&view=d 
 http://www.cbsa-asfc.gc.ca/publications/dm-md/d11/d11-4-22-eng.html 
 
11. Import permits and normal customs entry forms are required.  12. Any applicant may directly apply for a permit via customs brokers with access to the Export 
and Import Controls System.  Import permit fees ra nge from CAN$10.00 to CAN$26.00 (according to 
the value of the goods). This fee does not cover th e cost of any additional services provided by such 
issuers.  Import permits may also be requested, by  fax, from the Department of Foreign Affairs and 
International Trade in Ottawa for which the as sociated fees range from CAN$15.00 to CAN$31.00 
(according to the value of the goods).  
13. No. 
 
Conditions of licensing 
 
14. A permit is valid for 30 days.  Should the permit expire, the cance llation and subsequent 
issuance of a replacement permit may be completed upon request. 
 15. No.  16. Licences are not transferable.  
17. (a) No. 
 (b) No.  
Other procedural requirements 
 
18. No.  19. Import permits issued pursuant to the Expor t and Import Permits Act are not a condition of 
foreign exchange transactions. G/LIC/N/3/CAN/10 
Page 14  
 
  9. Textiles 
Outline of system 
 
1. Textiles are on the Import Control List, established pursuant to the Export and Import Permits 
Act (EIPA). Quantitative restraints (i.e., quotas) on imports of textiles were eliminated for goods 
shipped after 31 December 2004 in accordance with  the WTO Agreement on Textiles and Clothing 
(ATC). Individual import licensing or open genera l licensing requirements for such goods were 
eliminated on 1 April 2005. An import licensing sy stem remains in place for textiles shipped in 
connection with Tariff Preference Level (TPL) provisions established pursuant to the North 
American, Canada-Chile and Canada-Costa Rica Free Trade Agreements.   
 
Purposes and coverage of licensing 
 
2. Textile products on the Import Control List subject to individual import permits for TPL are 
as follows: cotton or man-made fibre fabrics and made-up goods; wool fabrics and made-up goods 
(Chile and Costa Rica only);  and, cotton or man-made fibre spun yarns. 
 3. The system applies to imports from Unit ed States, Mexico, Chile and Costa Rica. 
 4. Tariff Preference Levels (TPL) are special FTA  provisions that provide tariff preferences for 
imports of non-originating textile and apparel goods up to a specified quantity.  Above these specified 
quantities, non-originating textile and apparel goods are subject to th e Most-Favoured-Nation rate of 
duty.  The import licensing system is in place in order to implement quantitative import limits on goods shipped in connection with TPL provisions est ablished pursuant to the Free Trade Agreements. 
 5. The EIPA provides for the establishment of  an Import Control List to implement an 
intergovernmental arrangement or to prevent the frustration or the circumvention of such 
arrangements.  Import permits are issued for goods , including textiles, on the Import Control List. 
 
Procedures 
 
6.  The TPL levels primary units of measure (oth er than for yarns) are converted into Square 
Metre Equivalents (SME) by means of conversion factors found in each FTA.  The yearly TPL levels 
for each FTA are as follows:  - Canada-Costa Rica Free Trade Agreement - Co tton or man-made fabr ics and made-up goods: 
1,000,000 SME; Wool fabrics and made-up goods: 250,000 SME; and Cotton or man-made 
fibre spun yarn: 150,000 kg. 
- Canada-Chile Free Trade Agreement - Co tton or man-made fabrics and made-up goods 
(limited to goods of Chapter 60 of the HS):  1,000,000 SME; Wool fabrics and made-up 
goods: 250,000 SME; and Cotton or man-made fibre spun yarn: 500,000 kg. 
- North America Free Trade Agreement - United States: Cotton or man-made fabrics and made-
up goods: 2,000,000 SME; and Cotton or man-ma de fibre spun yarn: 1,000,000 kg; Mexico: 
Cotton or man-made fabrics and made-up goods : 7,000,000 SME; and Cotton or man-made 
fibre spun yarn: 1,000,000 kg. 
- There are no allocations to importers.  The TPLs are administered on a first-come, first-served 
basis from 1 January to 31 December each year. 
 
I. Information on TPLs and related formalities are published in the Canada Gazette, Canada 
Border Services Agency (CBSA) D-Memoranda  and in Notices to Importers.  This 
information is available to customs brokers, associations and traders and upon request from 
the Department of Foreign Affairs and International Trade (DFAIT).  G/LIC/N/3/CAN/10 
 Page 15 
 
 
  Notices to Importers and additional informati on are also available on the DFAIT and CBSA 
websites at:    http://www.international.gc.ca/controls-cont roles/textiles/index.aspx?menu_id=21&view=d 
http://www.cbsa-asfc.gc.ca/publications/dm-md/d11/d11-4-22-eng.html 
 
II. See the introduction to Section 6.  III. TPL not used in one year is not available for carry-over in the following year.  
IV. Applications for TPL permits are accepted until the TPL level for a given TPL is filled. 
 V-VII. Import permits are issued through an on-line automated system either (a) in the offices of 
customs brokers in major cities across Canada, or (b) at the Trade Controls and Technical 
Barriers Bureau of the Department of Foreign Affairs and International Trade in Ottawa.  
Requests for permits are accepted 30 days prior to the expected date of arrival of the shipment 
to Canada.  Import permits are normally issued with a validity period of 30 days around the 
date of arrival specified by importers (five da ys prior to and 24 days after). Utilization of 
permits for one quota year is not allowed in the next quota year. 
 VIII. TPL is made available on a first-come, first-served basis, whereby import permits are issued 
to importers on demand until the TPL has been filled in a given year. 
 IX-X. Not applicable.  XI. No. 
 
7. (a) An import permit is required for each shipme nt of textiles for which a TPL benefit is sought.  
An importer may apply for an import permit up to 30 days prior to the expected date of arrival 
of the associated goods. 
 (b) A permit is normally granted immediately upon request. 
 
(c) See response to 7(a).  (d) Permit applications are considered by on ly one organization, the Trade Controls and 
Technical Barriers Bureau, Department of Foreign Affairs and International Trade. 
 
8. Import permits are not normally refused if the criteria relating to issuance are met.  If a permit 
is refused, for example, because of incomplete info rmation on the application, the applicant is advised 
and given the opportunity to correct the anomaly.  
Eligibility of importers to apply for licence 
 
9. Any resident of Canada may apply for an import permit.   
 
Documentational and other requireme nts for application for licence 
 
10. Instructions and the information required to  complete an import permit application and the 
form can be found on the web at:     http://www.international.gc.ca/controls -controles/about-a_propos/impor/permits-
licences.aspx ?menu_id=62&view=d G/LIC/N/3/CAN/10 
Page 16  
 
   http://www.cbsa-asfc.gc.ca/publications/dm-md/d11/d11-4-22-eng.html 
 11. Import permits and normal customs entry forms are required.  12. Any applicant may directly apply for a perm it via customs brokers equipped with authorized 
computer terminals.  Permit fees range from CAN$10.00 to CAN$26.00 (according to the value of the 
goods).  This fee does not cover the cost of any additional services provided by such issuers.  
  Permits may also be requested, by fax, from the Department of Foreign Affairs and 
International Trade in Ottawa for which the as sociated fees range from CAN$15.00 to CAN$31.00 
(according to the value of the goods). 
 13. No.  
Conditions of licensing 
 
14. A permit is valid for 30 days, and may be ex tended for a further 30 days if the request for 
extension is submitted prior to expiry.  15. No.  
16. Licences are not transferable. 
 17. (a) No.  (b) No. 
 
Other procedural requirements 
 
18. No.  19. Import permits issued pursuant to the Expor t and Import Permits Act are not a condition of 
foreign exchange transactions. 
10. Carbon and Specialty Steel 
Outline of system 
 
1. Carbon and specialty steel are on the Import Control List, established under the Export and 
Import Permits Act , and are subject to individual and general licensing. 
 
Purposes and coverage of licensing 
 
2. Carbon steel products were placed on the Import Control List under the authority of 
subsection 5(3) of the Export and Import Permits Act with effect 1 September 1986, for the purpose 
of monitoring their entry into Canada following a reference to the Canadian Import Tribunal pursuant 
to section 48 of the Special Import Measures Act.  The Tribunal concluded that carbon steel products 
are being and are likely to be imported into Canada at such prices, in such quantities and under such 
conditions as to make it advisable to collect informat ion with respect to the importation of such goods.  
Carbon steel products are defined as semi-finished steel  (ingots, blooms, billets, slabs and sheet bars), 
plate, sheet and strip, wire rods, wire and wire products, railway-type products, bars, structural shapes 
and units and pipe and tube. Specialty steel pr oducts were added to the Import Control List 
1 June 1987, following an amendment to the Expor t and Import Permits Act, in order that the  G/LIC/N/3/CAN/10 
 Page 17 
 
 
  monitoring system for steel would be  comprehensive.  Specialty steel products are defined as stainless 
flat-rolled products (sheet, strip and plate), stainless steel bar, stainless steel pipe and tube, stainless steel wire and wire product, alloy tool steel, mould steel and high speed steel.  3. The monitoring system applies to carbon and specialty steel imports from all countries. 
 
4. The licensing is not intended to restrict th e quantity or value of imports:  it is intended to 
monitor the volume and the origin of carbon and specialty steel products.  5. The action of placing carbon steel on the Import Control List was taken under the authority of 
section 5(1) of the Export and Import Permits Act. 
 
Procedures 
 
6. Not applicable 
 
7. An import permit is required for each shipment of carbon and specialty steel as described in 
paragraph 2 above.  Applications fo r permits may be made up to 30 days  prior to the expected date of 
arrival of the associated goods.  Licences are gran ted automatically upon submission of a completed 
application in accordance with the Act.  There are no limitations as to the period of the year during 
which applications and/or importati on may be made.  Licence applications are considered by only one 
organization, the Trade Controls and Technical Barr iers Bureau, Department of Foreign Affairs and 
International Trade. 
 The following exceptions for any carbon or sp ecialty steel product may be imported under 
general licensing: 
 
(i) where the total value for duty of the goods, as determined under  the Customs Act, is not 
more than CAN$5,000.00; and  
 (ii) where those goods are classified as Canadian  goods returned without any processing abroad. 
 
8. See Section 7. 
 
Eligibility of importers to apply for licence 
 9. Any resident of Canada ma y apply for an import permit. 
 
Documentational and other requireme nts for application for licence 
 
10. Nil.  11. Documents required upon actual importation: 
 
(i) Import licence; and  (ii) Documents in accordan ce with the Customs Act. 
 
12. Any applicant may directly apply for a perm it via customs brokers equipped with authorized 
computer terminals.  Permit fees range from CAN$10.00 to CAN$26.00 (according to the value of the goods). Effective 9 November 2010, permit fees were eliminated for all imports of carbon steel and 
specialty steel under the Export and Import Permits Act. This fee does not cover the cost of any 
additional services provided by such issuers. G/LIC/N/3/CAN/10 
Page 18  
 
   Permits may also be requested, by fax, from the Department of Foreign Affairs and 
International Trade in Ottawa for which the as sociated fees range from CAN$15.00 to CAN$31.00 
(according to the value of the goods). Effective 9 November 2010, permit fees were eliminated for all 
imports of carbon steel and specialty steel under the Export and Import Permits Act.  
13. No. 
 
Conditions of licensing 
 
14-17. See Section 6. 
 
Other procedural requirements 
 
18. No.  
19. Not applicable. 
 
VII. ANIMALS AND PLANTS 
Note:
 There have been minor changes to the Canad a's import licensing regime for the Plant 
Protection Act (sections 2, 3, 4, 12), as descri bed in document G/LIC/N/3/CAN/9, Notification under 
Article 7.3 of the Agreement on Import Licensing Procedures. The changes in the aforementioned 
sections of the questionnaire relate to certain cl arifications, and specific wording changes. For 
convenience, the entire questionnaire for the Plant Protection Act is provided below. For all other 
sections under Animals and Plants, no changes  with respect to this section in G/LIC/N/3/CAN/9, 
dated 18 October 2010.  
 A. 
PLANT PROTECTION ACT  
Outline of system 
 
1.  A permit to import outlines phytosanitary cond itions which must be met prior to export from 
the country of origin, during export and upon arriva l in Canada.  These conditions are required to 
prevent the introduction or spread within Canada of a plant pest.   
 
Purpose and coverage of licensing 
 
2. In accordance with Section 31 of the Plant Protection Regulations and pursuant to the Plant 
Protection Act, a prospective importer must apply in writing for an import permit.  According to 
section 32 of the Plant Protection Regulations, the Mi nister of Agriculture and Agri-Food, on the basis 
of a pest risk assessment, may issue a permit for the importation of a thing that is either a plant pest, 
constitutes or could constitute a biological obstacle to th e control of a plant pest or is/could be infested 
with either a plant pest or a biological obstacle to th e control of a plant pest if, the Minister determines 
that every precaution necessary can and will be taken to  prevent the introduction into Canada or the 
establishment and spread within Canada of a plant p est or biological obstacle to the control of a plant 
pest. 
 3. The system applies to plant pest (e.g., diseas e cultures, insects), plants and plant products and 
any other article whose importation into Canada is regulated under the Plant Protection Act and 
Regulations from all countries. 
 
4. The permit system is not intended to restrict the quantity or value of imports.  The purpose of 
the import permit system is to ensure that plant p est, plants and plant products and other articles  G/LIC/N/3/CAN/10 
 Page 19 
 
 
  regulated under the Plant Protection Act and Regula tions imported in Canada  conform to Canada's 
plant protection import requirements.  The permit system protects against the introduction into and 
spread of pests injurious to plants in Canada.  5. The permit system is legislated and regulat ed under the Plant Protection Act and the Plant 
Protection Regulations.  The permit system is statut orily required.  Furthermore, the legislation does 
not allow the designation of products to be subjected  to administrative discretion. Lastly, it is not 
possible for the government to abolish the system without legislative approval.  
Procedures 
 
6. There are no quantitative or value limits on th e importation of products from other countries. 
 7.(a) An importer must obtain a valid import pe rmit prior to importation.  Written permit 
applications may be mailed/e-m ailed or faxed to the Integration Division of the Canadian 
Food Inspection Agency (CFIA). Once all re quired information has been received and a 
review of the permit application form has been completed, the CFIA will endeavour to issue a 
Permit to Import within five working days (subject to change). 
  The Canadian Food Inspection Agency will not issue an import permit for regulated 
commodities that have already arrived in Cana da.  This is because an import permit is not 
retroactive. 
(b) No.  An application cannot be granted imme diately upon request as it must be subject to a 
pest risk review. 
 (c) No, there are no limitations as to the period of the year in which an application for a permit to 
import can be submitted. 
 (d) Yes.  All applications for a permit to import are sent to and approved by one administrative 
body.  All applications are sent to the Perm it Office, Plant Program Integration Division, 
Plant Health and Biosecurity Directorate of the Canadian Food Inspection Agency. 
 
8. The plant protection import permit may be refused on the grounds that the plants, plant 
products or other matter intended for importation will result or is likely to result in the introduction 
into Canada of a plant pest.  A permit can also be  refused or revoked if a person has contravened the 
Act and/or Regulations.  The importe r is advised of the refusal or revocation.  The Plant Protection 
Act or Plant Protection Regulations do not prescribe an appeal procedure in cases where a permit is 
refused/revoked. 
 
Eligibility of importers to apply for licence 
 
9. An applicant for a Permit to Import must be one of the following: 1) a Canadian citizen or 
permanent resident; 2) a person authorized under the la ws of Canada to reside in Canada for a period 
of six months or more and who will have possession, car e or control of the thing to be imported; or 3) 
in the case of a corporation with a place of business in Canada, the applicant must be an agent or 
officer of the corporation who resides in Canada.  Note: The CFIA will not accept applications for Perm its to Import submitted by Brokerage Firms 
on behalf of their clients. The actual Canadian  importer (person / company) must submit the 
application. G/LIC/N/3/CAN/10 
Page 20  
 
  Documentational and other requirements fo r application for a permit to import 
 
10. An application for a permit shall be in wr iting, signed and dated by the person applying for 
the permit and contain the following information:  
(a) The name, complete address a nd telephone number of the person; 
 (b) The name, complete address and telephone numbe r of the owner of the thing to be imported, 
if different from paragraph (a); 
 
(c) The name and complete address of the exporter; 
 (d) A description and the common and scientific names of the thing;  (e) The quantity of the thing; 
 
(f) The purpose for which the thing is to be admitted into Canada;  (g) The place of entry and the location of the place of destination of the thing in Canada; 
 (h) The means by which the thing will be transported; 
 
(i) The country and place where the thing was pr opagated or produced, and the country and place 
from which it was shipped to Canada; 
(j) The number of packages, if sent by mail or courier service; and 
 
(k) Any other information respecting any activity undertaken in respect of the thing, or the 
precautions that will be taken to prevent the spread ing of any pest or biological obstacle to the 
control of a pest while the thing is transported, as the Minister may require. 
 11. The documents (e.g., phytosanitary certificate, certificate of inspection, certificate of treatment, certificate of origin, affidavit, etc.) specified on the permit are required at the time of 
importation. 
 12. Fees for each permit application can ra nge between CAN$15 a nd CAN$250, depending on 
the reason for importation and the need for a pest risk assessment.  
13. There is no deposit or advance payment that is  required or associated with the issuance of a 
permit. However, full payment is requi red before a permit can be issued. 
 
Conditions of permit 
 
14. Permits to import are valid for the period of  time specified on the permit. The permit to 
import is valid for multiple shipments and unlimite d quantities unless otherwise specified. Permits to 
import issued to persons travelling or collecting will  be valid for no more than one year.  When a 
permit has expired, it is the responsibility of  the importer to apply for a new permit. 
 15. There is no penalty for the non-utilization of a permit or a portion of a permit. 
 
16. Import permits are not tran sferable between importers. 
  G/LIC/N/3/CAN/10 
 Page 21 
 
 
  17. The issuance of an import permit is only subject to the provisions of the Plant Protection Act 
and Regulations.  
Other procedural requirements 
 
18. Generally, there are no other administra tive procedures apart from the import permit 
application procedures.  19. Not applicable. 
VIII.  EXPORT AND IMPORT OF ROUGH DIAMONDS ACT 
Outline of system 
 
1. The Export and Import of Rough Diamonds Ac t (S.C., 2002, c.25) received Royal Assent on 
12 December 2002 and came into force on 1st January 2003. The Act provides for controls on the 
export, import or transit across Canada of rough diamonds and for a certification scheme for the 
export of rough diamonds in order to meet Canada's obligations under the Kimberley Process. Under 
this system, every person who exports rough diam onds must ensure that the diamonds are in a 
container that meets the requirements of the Export and Import of R ough Diamonds Regulations 
(SOR/2003-15) and are accompanied by a Canadian Certificate. On receiving an application for a Canadian Certificate from a resident of Canada for the export of rough diamonds, the Minister of Natural Resources must issue a Canadian certificate if the application meets the requirements of the 
Regulations. Before issuing a Canadian Certificate, th e Minister must be satisfied that the export is to 
a participant, the information contained in the application is accurate, and the rough diamonds in 
respect of which the application is made orig inated in Canada, were extracted from mineral 
concentrates in Canada, were imported from a pa rticipant or were in Canada prior to 1
st January 2003. 
 
 Every person who imports rough diamonds must ensure that the diamonds are in a container 
that meets the requirements of the regulations and are accompanied by a valid Kimberley Process 
Certificate that was issued by a participant, has not been invalidated by the participant and that 
contains accurate information. For the purpose of this Act, in-transit rough diamonds are deemed not 
to be imported or exported.  Purposes and coverage of licensing 
 2. The purpose of this Act is to provide for controls on the export, import or transit across 
Canada of rough diamonds in orde r to meet Canada's obligations  under the Kimberley Process. The 
Kimberley Process is an international understa nding among participants that was recognized by 
Resolution 55/56 adopted by the General Assembly of the United Nations on 1
st December 2000. The 
Kimberley Process establishes minimum requirements for an international scheme of certification for rough diamonds with a view to breaking the link between armed conflict and the trade in rough 
diamonds. A rough diamond is defined as a diamond th at is unsorted, unworked or simply sawn, 
cleaved or bruted, and that falls under subheading 7102.10, 7102.21 or 7102.31 in the List of Tariff Provisions set out in the schedule to the Customs Tariff, but does not include diamonds that are of a 
class prescribed by regulation. 
 3. The system applies to rough diamonds originating in and coming from a participant. A participant is defined as a State, international organi zation of States or dependent territory of a State, 
or a customs territory, named in the Schedule to the Act. 
 
4. The licensing is intended to impose contro ls on rough diamonds to regulate their import, 
export and transit across Canada in order to meet Canada's obligations under the Kimberley Process. G/LIC/N/3/CAN/10 
Page 22  
 
  The Kimberley Process establishes minimum require ments for an international certification scheme 
for rough diamonds with a view of breaking the link between the illicit transaction of rough diamonds 
and armed conflict as a contribution to prevention and settlement of conflicts. 
 5. The licensing of exports is a requirement unde r section 8 of the Act, which establishes that a 
Canadian Kimberley Process Certificate is re quired for exporting rough diamonds from Canada. 
Section 12 provides that if the Minister of Natura l Resources determines that information provided by 
an applicant in order to obtain a Canadian Certific ate, or information appearing on the certificate, is 
inaccurate or has changed, the Minist er may invalidate the certificate.  
 
 Section 14 of the Act requires that imports of rough diamonds be accompanied by a 
Kimberley Process Certificate issued by a participant,  that has not been invalidated, and that contains 
accurate information. Subsection 15(1) provides th at if imported rough diamonds arrive in Canada 
accompanied by a Kimberley Process Certificate that  meets the requirements of section 14 of the Act 
but are in a container that has been opened, the Minister may order the person who imported the rough 
diamonds to return them to the par ticipant who issued the certificate. 
  Pursuant to paragraph 35(a), the Minister of  Natural Resources may make regulations to 
prescribe the classes of diamonds to be excl uded from the definition of "rough diamond". 
  Legislative approval would be required to abolish this system. 
 
Procedures 
 
6. Not applicable. Quantity and value r estrictions, beyond the minimum requirements 
forCertificates in Annex I of the Kimberley Pro cess Certification Scheme Document, do not apply to 
imports of rough diamonds. 
 7.   The Kimberley Process Certification Scheme is implemented through the national legislation 
of the respective participants. Th e participants' exporting authority  is responsible for issuance of 
licenses for export. Although participants' licensi ng systems conform to the Kimberley Process 
minimum requirements, the terms vary from partic ipant to participant in respect to application 
requirements and time frame for issuance of licenses.  
  It takes typically a business day to issue a Ca nadian license for exports of rough diamonds from 
Canada. For clients with remote printing capability,  it may take as little as a couple of hours from the 
submission of an application to issue a Canadian  Certificate for exports. The Canadian licenses for 
exports are issued by the Kimberley Process Office in the Department of Natural Resources based in 
Ottawa. There are no further approvals required fro m other administrative en tities for the issuance of 
export licenses.  8. If an application for a Canadian license for exports does not meet the criteria in subsection 9(2) of the Act, paragraph 9(1)(c) provides that the Minister must reject the application and 
the applicant is provided with the reasons for reje ction in writing. Section 10 provides that if the 
applicant does not remedy the deficiency, within su ch time as the Minister considers reasonable, the 
Minister may reject the application.  9. Import licenses are issued by foreign authoriti es of the respective participants. Export licenses 
are issued by the Kimberley Process Office in the Department of Natural Resources under the 
authority of the Export and Import of Rough Diamonds Act. Only Canadian residents may apply for a license to export rough diamonds from Canada. Although the system does not currently require registration of persons or firms, the Minister  may make regulations respecting the manner of  G/LIC/N/3/CAN/10 
 Page 23 
 
 
  submitting an application, specifying the informati on that must be included in it and the documents 
that must accompany the application. 
Documentational and other requireme nts for application for licence 
 
10. An application for a Canadian license for export of rough diamonds under section 9 of the Act 
must include the following information as set out in section 2 of the Regulations: 
 (a) The applicant's name and address in Canada and, if the applicant is a corporation, the name of 
the individual submitting the application on its behalf; 
(b) If the applicant is not the exporter of th e rough diamonds, the name and address of the 
exporter; 
(c) The name and address of the person to whom  the exporter is exporting the rough diamonds; 
(d) The name of the participant to which the rough diamonds are to be shipped; (e) the origin of the rough diamonds including:  (i) if they were mined in Canada , the place and name of the mine, 
 (ii) If they were recovered during exploratio n in Canada, the longitude and latitude of the 
exploration site, and the place and name of the facility in which they were extracted, 
 (iii) if they were extracted in Canada from mineral concentrates that originated outside 
Canada, the place and name of the facility in which they were extracted, 
 (iv) if they were present in Canada at the coming into force of section 8 of the Act, 
documentary evidence establishing their presence in Canada at that time, and 
 (v) if they were imported into Canada after the coming into force of section 8 of the Act, 
the serial number of each Kimberley Pro cess Certificate that accompanied the rough 
diamonds; 
(f) The mass, measured in carats, of the rough diamonds in the shipment; 
(g) The value, in United States dollars , of the rough diamonds in the shipment; 
(h) The subheading in the List of Tariff Provis ions in the schedule to the Customs Tariff under 
which the rough diamonds are classified; 
(i) The number of containers in the shipment and a seal number for each container; and (j) A declaration signed and dated by the applican t stating that the information contained in the 
application is accurate. 
 
 Section 3 of the Regulations provides that an application for the replacement of a Canadian 
license for the export of rough diamonds under section 11 of the Act must meet the following criteria:  (a) Be made before the export of the rough diamonds; (b) Contain all the information required under section 2 of the Regulations including any 
information appearing on the Canadian licen se that is inaccurate of has changed; and 
(c) Be accompanied by the Canadian license in  respect of which the application is made. 
  Under section 4 of the Regulations, an applica tion to the Minister under section 9 or 11 of the 
Act must be delivered by hand or sent by mail or courier or by facsimile or other electronic means.  
11. Pursuant to subsection 14(1) of the Act, a Kimberley Process Certificate issued by a 
participant is required to accompany import shipments of rough diamonds into Canada. 
 12. There are currently no licensing fees or admi nistrative fees charged to applicants for the 
issuance of licenses for export of rough diamonds  from Canada. However, section 34 of the Act 
provides that the Governor in Council may make regulations to prescribe the fees payable for the 
issuance or replacement of a Canadian license.  G/LIC/N/3/CAN/10 
Page 24  
 
  13. There is no deposit or advance payment requi rement associated with the issuance of export 
licenses.  
Conditions of licensing 
 
14. Section 6 of the Regulations provides that  a Canadian Certificate is valid until 24:00 
Greenwich mean time of the day that is 60 days afte r the date of issue. The validity of a license cannot 
be extended. However, the period of validity may be  changed by regulation by the Minister of Natural 
Resources pursuant to subsection 35 (b) of the Act.  
15. There is no penalty for the non-utilization of a license. 
 16. Licenses are not transferable.  17.(a)  Not applicable. 
  
(b) The Minister of Natural Resources may make regulations specifying the content of Canadian 
licenses. Additionally, pursuant to section 7 of the Regulations, every exporter of rough 
diamonds must report the export to attest to the accuracy of the information contained in the Canadian license by signing the report and sending it to the Minister within seven days of Export. 
 
Other procedural requirements 
 
18. Apart from procedures provided for in the Act and the Regulations, including requirements associated with inspections, r ecord keeping and export and import reporting, no additional 
administrative procedures are required. 
 19. Not applicable.   
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