Export and Import Permits Act

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Sections393

• 1Short title

  This Act may be cited as the Export and Import Permits Act.

• 2Definitions
• 2(1)

  In this Act,

• 2(1)[p3]

  Area Control List means a list of countries established under section 4; (liste des pays visés)

• 2(1)[p4]

  Automatic Firearms Country Control List means a list of countries established under section 4.1; (liste des pays désignés (armes automatiques))

• 2(1)[p5]

  broker means to arrange or negotiate a transaction that relates to the movement of goods or technology included in a Brokering Control List from a foreign country to another foreign country, including a transaction referred to in subsection (1.1); (courtage)

• 2(1)[p6]

  Brokering Control List means a list of goods and technology established under section 4.11; (liste des marchandises de courtage contrôlé)

• 2(1)[p7]

  CCFTA has the same meaning as Agreement in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act; (ALÉCC)

• 2(1)[p8]

  CCRFTA has the same meaning as Agreement in subsection 2(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act; (ALÉCCR)

• 2(1)[p9]

  CETA has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act; (AÉCG)

• 2(1)[p10]

  CHFTA has the same meaning as Agreement in section 2 of the Canada–Honduras Economic Growth and Prosperity Act; (ALÉCH)

• 2(1)[p11]

  Chile has the same meaning as in subsection 2(1) of the Customs Tariff; (Chili)

• 2(1)[p12]

  CIFTA has the same meaning as Agreement in subsection 2(1) of the Canada-Israel Free Trade Agreement Implementation Act; (ALÉCI)

• 2(1)[p13]

  Colombia has the same meaning as in subsection 2(1) of the Customs Tariff; (Colombie)

• 2(1)[p14]

  Costa Rica has the same meaning as in subsection 2(1) of the Customs Tariff; (Costa Rica)

• 2(1)[p15]

  CPTPP has the same meaning as Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act; (PTPGP)

• 2(1)[p16]

  CPTPP country has the same meaning as in subsection 2(1) of the Customs Tariff; (pays PTPGP)

• 2(1)[p17]

  CUKTCA has the meaning assigned by the definition Agreement in section 2 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act; (ACCCRU)

• 2(1)[p18]

  CUKTCA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (bénéficiaire de l’ACCCRU)

• 2(1)[p19]

  CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (ACEUM)

• 2(1)[p20]

  CUSMA country means a country that is a party to CUSMA; (pays ACEUM)

• 2(1)[p21]

  data means representations, in any form, of information or concepts; (données)

• 2(1)[p22]

  EU country or other CETA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (pays de l’Union européenne ou autre bénéficiaire de l’AÉCG)

• 2(1)[p23]

  export allocation means an export allocation issued under paragraph 6.2(2)(b) or 6.3(3)(b); (autorisation d’exportation)

• 2(1)[p24]

  Export Control List means a list of goods and technology established under section 3; (liste des marchandises d’exportation contrôlée)

• 2(1)[p25]

  foreign country means a country other than Canada; (pays étranger)

• 2(1)[p25](a)
• 2(1)[p26]Repealed

  Free Trade Agreement[Repealed, 1997, c. 14, s. 70]

• 2(1)[p25](a.1)
• 2(1)[p27]

  free trade partner means

• 2(1)[p25](a.2)
• 2(1)[p27](a)

  a CUSMA country,

• 2(1)[p25](b)
• 2(1)[p27](a.1)

  an EU country or other CETA beneficiary,

• 2(1)[p25](c)
• 2(1)[p27](a.2)

  CPTPP country,

• 2(1)[p27](b)

  Chile,

• 2(1)[p31]
• 2(1)[p27](c)

  Israel or another CIFTA beneficiary, or

• 2(1)[p32]
• 2(1)[p27](d)

  a CUKTCA beneficiary; (partenaire de libre-échange)

• 2(1)[p33]
• 2(1)[p34]Repealed

  goods imported from a NAFTA country[Repealed, 1997, c. 14, s. 70]

• 2(1)[p35]Repealed

  goods imported from Israel or another CIFTA beneficiary[Repealed, 1997, c. 36, s. 207]

• 2(1)[p36]

  Honduras has the same meaning as in subsection 2(1) of the Customs Tariff; (Honduras)

• 2(1)[p37]

  import allocation means an import allocation issued under paragraph 6.2(2)(b); (autorisation d’importation)

• 2(1)[p38]

  Import Control List means a list of goods established under section 5; (liste des marchandises d’importation contrôlée)

• 2(1)[p39]

  imported from Israel or another CIFTA beneficiary has the meaning assigned by regulations made under section 52 of the Customs Tariff; (importé d’Israël ou d’un autre bénéficiaire de l’ALÉCI)

• 2(1)[p40]

  Israel or another CIFTA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (Israël ou autre bénéficiaire de l’ALÉCI)

• 2(1)[p41]

  Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

• 2(1)[p42]Repealed

  NAFTA[Repealed, 2020, c. 1, s. 40]

• 2(1)[p43]Repealed

  NAFTA country[Repealed, 2020, c. 1, s. 40]

• 2(1)[p44]

  organization has the same meaning as in section 2 of the Criminal Code; (organisation)

• 2(1)[p45]

  Panama has the same meaning as in subsection 2(1) of the Customs Tariff; (Panama)

• 2(1)[p46]

  Peru has the same meaning as in subsection 2(1) of the Customs Tariff; (Pérou)

• 2(1)[p47]

  record means any material on which data are recorded or marked and which is capable of being read or understood by a person or a computer system or other device; (registre)

• 2(1)[p48]

  resident of Canada means, in the case of a natural person, a person who ordinarily resides in Canada and, in the case of a corporation, a corporation having its head office in Canada or operating a branch office in Canada; (résident du Canada)

• 2(1)[p49]

  softwood lumber agreement means the Softwood Lumber Agreement between the Government of Canada and the Government of the United States of America signed on September 12, 2006 and amended on October 12, 2006, and includes any rectifications made to it before its ratification by Canada; (accord sur le bois d’oeuvre)

• 2(1)[p50]

  technology includes technical data, technical assistance and information necessary for the development, production or use of an article included in an Export Control List or a Brokering Control List; (technologie)

• 2(1)[p51]

  transfer means, in relation to technology, to dispose of it or disclose its content in any manner from a place in Canada to a place outside Canada; (transfert)

• 2(1)[p52]

  World Trade Organization Agreement has the same meaning as the word Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’Organisation mondiale du commerce)

• 2(1.1)Transaction — brokering

  For the purpose of the definition broker, a transaction that relates to the movement of goods or technology includes a transaction that relates to its acquisition or disposition, and a transaction that relates to the movement of technology also includes a transaction that relates to the disclosure of its contents.

• 2(2)Goods imported from certain countries

  For the purposes of this Act, goods are imported from one of the following countries or territories if they are shipped directly to Canada from that country or territory, within the meaning of sections 17 and 18 of the Customs Tariff: a CUSMA country an EU country or other CETA beneficiary Chile Costa Rica CPTPP country CUKTCA beneficiary Honduras

• 3Export 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:

• 3(1)(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;

• 3(1)(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;

• 3(1)(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;

• 3(1)(c.1)Repealed

  [Repealed, 1999, c. 31, s. 88]

• 3(1)(d)

  to implement an intergovernmental arrangement or commitment;

• 3(1)(e)

  to ensure that there is an adequate supply and distribution of the article in Canada for defence or other needs;

• 3(1)(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

• 3(1)(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.

• 3(2)Conditions

  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.

• 3.1Repealed

  [Repealed, 1999, c. 31, s. 89]

• 4Area control list of countries

  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.

• 4.1Automatic Firearms Country Control List

  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:

• 4.1(a)

  a prohibited firearm described in paragraph (c) or (d) of the definition prohibited firearm in subsection 84(1) of the Criminal Code;

• 4.1(b)

  a prohibited weapon described in paragraph (b) of the definition prohibited weapon in that subsection; or

• 4.1(c)

  a prohibited device described in paragraph (a) or (d) of the definition prohibited device in that subsection.

• 4.11Brokering 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.

• 4.11(2)Conditions

  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.

• 4.2(1)[p74]
• 4.2Definitions
• 4.2(1)[p75]
• 4.2(1)

  In section 5,

• 4.2(1)[p76]
• 4.2(1)[p77]

  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)

• 4.2(1)[p77](a)
• 4.2(1)[p78]

  principal cause means an important cause that is no less important than any other cause; (cause principale)

• 4.2(1)[p77](b)
• 4.2(1)[p79]

  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)

• 4.2(1)[p80]

  surge, in respect of goods imported from

• 4.2(1)[p80](a)

  a CUSMA country, means a significant increase in imports over the trend for a recent representative base period, and

• 4.2(1)[p80](b)

  Chile, has the meaning given that word by Article F-05 of CCFTA; (augmentation subite)

• 4.2(1)[p83]

  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)

• 4.2(2)Application of definition in regulations

  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.

• 5Import control list of goods
• 5(1)

  The Governor in Council may establish a list of goods, to be called an Import Control List, including therein any article the import of which the Governor in Council deems it necessary to control for any of the following purposes:

• 5(1)(a)

  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 governmental controls in the countries of origin or to allocation by intergovernmental arrangement;

• 5(1)(b)

  to restrict, for the purpose of supporting any action taken under the Farm 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 fixed or determined under that Act;

• 5(1)(c)Repealed

  [Repealed, 1994, c. 47, s. 220]

• 5(1)(c.1)

  to restrict the importation of arms, ammunition, implements or munitions of war, army, naval or air stores, or any articles deemed capable of being converted thereinto or made useful in the production thereof;

• 5(1)(d)

  to implement an action taken under the Agricultural Marketing Programs Act or the Canadian Dairy Commission Act, with the object or effect of supporting the price of the article;

• 5(1)(e)

  to implement an intergovernmental arrangement or commitment; or

• 5(1)(f)

  to prevent the frustration or circumvention of the Agreement on Textiles and Clothing in Annex 1A of the World Trade Organization Agreement by the importation of goods that are like or directly competitive with goods to which the Agreement on Textiles and Clothing applies.

• 5(2)Statement or summary to be laid before Parliament

  Where any goods are included in the Import Control List for the purpose of ensuring supply or distribution of goods subject to allocation by intergovernmental arrangement or for the purpose of implementing an intergovernmental arrangement or commitment, a statement of the effect or a summary of the arrangement or commitment, if it has not previously been laid before Parliament, shall be laid before Parliament not later than fifteen days after the order of the Governor in Council including those goods in the Import Control List is published in the Canada Gazette pursuant to the Statutory Instruments Act or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

• 5(3)Addition to Import Control List

  Where at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 20 or 26 of the Canadian International Trade Tribunal Act, that goods of any kind are being imported or are likely to be imported into Canada at such prices, in such quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods, any goods of the same kind may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent and, subject to subsection (7), for the period that in the opinion of the Governor in Council is necessary to prevent or remedy the injury.

• 5(3.1)Prohibition against further orders

  No order may be made under subsection (3) with respect to goods that have already been the subject of an order made under that subsection or subsection 55(1) of the Customs Tariff unless, after the expiry of the order and any related orders made under subsection (3.2) or (4.1) or under section 60 or subsection 63(1) of the Customs Tariff, there has elapsed a period equal to the greater of two years and the total period during which the order or orders were in effect.

• 5(3.2)Extension order

  The Governor in Council may, on the recommendation of the Minister, make an extension order including on the Import Control List any goods with respect to which an order has been made under this subsection or subsection (3) or (4.1) or under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff if, at any time before the order expires, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 30.07 of the Canadian International Trade Tribunal Act, that

• 5(3.2)(a)

  an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods; and

• 5(3.2)(b)

  there is evidence that the domestic producers are adjusting, as determined in accordance with any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act.

• 5(3.3)Period and revocation of extension orders

  Every extension order made under subsection (3.2) shall, subject to this section, remain in effect for the period that is specified in the order, but the total of the specified period and the periods during which the goods were previously subject to any related orders made under subsection (3), (3.2) or (4.1) or under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff shall not exceed eight years.

• 5(3.4)Exception for goods imported from certain countries

  An order made under subsection (3) or (3.2) may exclude goods of any kind imported from a country listed in Schedule 1 if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

• 5(4)Exception for goods imported from a free trade partner

  Notwithstanding subsections (3) and (3.2), an order made under those subsections may apply to goods imported from a free trade partner only if it appears to the satisfaction of the Governor in Council, on a report of the Minister made on the basis of an inquiry under section 20, 26 or 30.07 of the Canadian International Trade Tribunal Act, that

• 5(4)(a)

  the quantity of those goods represents a substantial share of the quantity of goods of the same kind imported into Canada from all countries;

• 5(4)(b)

  in the case of goods imported from a CUSMA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other CUSMA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

• 5(4)(c)

  in the case of goods imported from any other free trade partner, the quantity of those goods contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

• 5(4.01) to (4.05)Repealed

  [Repealed, 1997, c. 14, s. 72]

• 5(4.1)New order with respect to goods imported from a free trade partner

  If an order has been made under subsection (3) or (3.2) that does not, by virtue of subsection (4), apply to goods imported from a free trade partner and it appears to the satisfaction of the Governor in Council, on a report of the Minister made on the basis of an inquiry under section 30.01 or 30.011 of the Canadian International Trade Tribunal Act, that any goods of the same kind imported into Canada from that free trade partner may, by order of the Governor in Council, be included on the Import Control List for the purpose of limiting their importation to prevent the undermining of the effectiveness of the order made under subsection (3) or (3.2).

• 5(4.1)(a)

  there has been a surge of like goods imported from that free trade partner on or after the coming into force of the order, and

• 5(4.1)(b)

  as a result of the surge, the effectiveness of the order is being undermined,

• 5(4.2)Order to specify

  An order made under subsection (3) or (3.2) must state whether it applies to goods imported from a free trade partner.

• 5(4.3)Addition to Import Control List

  If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to goods imported from a free trade partner, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information if those goods are goods

• 5(4.3)(a)

  to which an order made under subsection (3) or (3.2) does not apply by virtue of subsection (4); or

• 5(4.3)(b)

  to which an order made under subsection 55(1) or 63(1) of the Customs Tariff does not apply because the goods did not meet the conditions set out in subsection 59(1) or 63(4) of that Act.

• 5(4.4)Revocation or amendment of inclusion order

  If at any time it appears to the satisfaction of the Governor in Council that an order including any goods on the Import Control List under subsection (3), (3.2) or (4.1) should be revoked or amended, the Governor in Council may, on the recommendation of the Minister, by order, revoke the order or amend it.

• 5(4.5) to (4.92)Repealed

  [Repealed, 1997, c. 14, s. 72]

• 5(5)Addition to Import Control List

  Where 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 goods of any kind are being imported or are likely to be imported into Canada at such prices, in such quantities and 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 injury to domestic producers of like or directly competitive goods, any goods of the same kind may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information.

• 5(6)Addition to Import Control List

  If, for the purpose of facilitating the implementation of action taken under subsection 14(2), section 35, 39 or 43, paragraph 53(2)(d), subsection 55(1), section 60 or subsection 63(1) or 82(1) of the Customs Tariff, the Governor in Council considers it necessary to control the importation of any goods 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.

• 5(7)Goods deemed to be removed from List

  Where goods are included on the Import Control List by order of the Governor in Council under subsection (3), (5) or (6), the goods shall be deemed to be removed from that List

• 5(7)(a)

  on the expiration of the period of four years after the day on which they are included on the List by the order; or

• 5(7)(b)

  if the order specifies a day prior to the expiration of the period referred to in paragraph (a) on which they shall be deemed to be removed from that List, on the day specified in the order.

• 5(7.1) and (7.2)Repealed

  [Repealed, 1997, c. 14, s. 72]

• 5(8)Goods imported from a free trade partner

  If goods imported from a free trade partner are included on the Import Control List by order of the Governor in Council under subsection (4.1) or (4.3), the goods are deemed to be removed from that List on the earlier of

• 5(8)(a)

  the day specified in the order, and

• 5(8)(b)

  the day on which

• 5(8)(b)(i)

  in the case of an order under subsection (4.1) or under subsection (4.3) in respect of goods referred to in paragraph (4.3)(a), goods of the same kind imported from any other country that were included on that List by an order made under subsection (3) are removed from that List, and

• 5(8)(b)(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.

• 5(9)Repealed

  [Repealed, 1997, c. 14, s. 72]

• 5.1Addition 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.

• 5.1(2)Deemed removal from List

  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.

• 5.1(3)Tabling of statistical summary in Parliament

  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.

• 5.11Repealed

  [Repealed, 1997, c. 14, s. 73]

• 5.2Addition 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.

• 5.2(2)Addition to Import Control List — Schedule 3

  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.

• 5.2(3)Addition to Import Control List

  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.

• 5.3Addition to Import Control List to implement Agreement on Agriculture

  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.

• 5.4(1)[p137]
• 5.4Definitions
• 5.4(1)[p137](a)
• 5.4(1)

  The following definitions apply in this section.

• 5.4(1)[p137](a)(i)
• 5.4(1)[p137](a)(ii)
• 5.4(1)[p140]

  action means

• 5.4(1)[p137](b)
• 5.4(1)[p140](a)

  any action, including a provisional action, taken

• 5.4(1)[p140](a)(i)

  by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or

• 5.4(1)[p142]
• 5.4(1)[p140](a)(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

• 5.4(1)[p143]
• 5.4(1)[p140](b)

  any combination of actions referred to in paragraph (a). (mesure)

• 5.4(1)[p144]
• 5.4(1)[p145]

  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)

• 5.4(1)[p146]

  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)

• 5.4(1)[p147]

  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)

• 5.4(2)Addition to Import Control List — market disruption

  If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that goods originating in the People’s Republic of China are being imported or are likely to be imported into Canada in such increased quantities or under such conditions that they cause or threaten 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, for the purpose of limiting the importation of such goods to the extent and for the period that in the opinion of the Governor in Council is necessary to prevent or remedy the market disruption.

• 5.4(3)Addition to Import Control List — trade diversion

  If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.23 of the Canadian International Trade Tribunal Act, that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, any goods originating in the People’s Republic of China may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent that is necessary to prevent or remedy the trade diversion.

• 5.4(4)Extension order

  The Governor in Council may, on the recommendation of the Minister, make an extension order including on the Import Control List any goods with respect to which an order has been made under this subsection or subsection (2) or under section 77.1 or 77.3 of the Customs Tariff if, at any time before the order expires, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 30.25(7) of the Canadian International Trade Tribunal Act, that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.

• 5.4(5)Repeal or amendment of inclusion order

  If at any time it appears to the satisfaction of the Governor 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.

• 5.4(6)Addition to Import Control List

  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.

• 5.4(7)Addition to Import Control List

  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.

• 5.4(8)Addition to Import Control List

  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.

• 5.4(9)Goods deemed to be removed from List

  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

• 5.4(9)(a)

  the day, if any, specified in that order, and

• 5.4(9)(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.

• 5.4(10)Expiry date

  Subsections (1) to (9) cease to have effect on December 11, 2013.

• 6Amendment of lists

  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.

• 6.1Definition 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.

• 6.1(2)When Minister may take measures

  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

• 6.1(2)(a)Repealed

  [Repealed, 2020, c. 1, s. 43]

• 6.1(2)(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

• 6.1(2)(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.

• 6.1(3)Factors to be considered

  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.

• 6.2Determination 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.

• 6.2(1.1)Determination of quantities — export

  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.

• 6.2(2)Allocation method

  If the Minister has determined a quantity of goods under subsection (1) or (1.1), the Minister may

• 6.2(2)(a)

  by order, establish a method for allocating the quantity to residents of Canada who apply for an allocation; and

• 6.2(2)(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.

• 6.2(3)Transfer of allocation

  The Minister may consent to the transfer of an import allocation or an export allocation from one resident of Canada to another.

• 6.2(4)Payments and securities

  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.

• 6.2(5)Export charges on certain dairy products — CUSMA

  The Minister may impose and collect export charges in accordance with Article 3.A.3 of CUSMA.

• 6.3(1)[p175]
• 6.3Definitions
• 6.3(1)[p176]