| R.S., c. E-19
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Export and Import Permits Act |
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| 1988, c. 65,
s. 116; 1993,
c. 44, s. 146
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70. (1) The definitions ``Free Trade
Agreement'' and ``goods imported from a
NAFTA country'' in section 2 of the Export
and Import Permits Act are repealed.
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(2) Section 2 of the Act is amended by
adding the following in alphabetical order:
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| ``CCFTA'' « ALÉCC »
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``CCFTA'' has the same meaning as
``Agreement'' in subsection 2(1) of the
Canada-Chile Free Trade Agreement
Implementation Act;
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| ``Chile'' « Chili »
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``Chile'' has the same meaning as in
subsection 2(1) of the Customs Tariff;
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| ``free trade
partner'' « partenaire de libre- échange »
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``free trade partner'' means
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(3) Section 2 of the Act is renumbered as
subsection 2(1) and is amended by adding
the following:
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| Goods
imported from
a NAFTA
country or
from Chile
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(2) For the purposes of this Act, goods are
imported from a NAFTA country or from
Chile if they are shipped directly to Canada
from the NAFTA country or from Chile, as the
case may be, within the meaning of sections
17 and 18 of the Customs Tariff.
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| 1996, c. 33,
s. 58
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71. The definitions ``contribute
importantly'' and ``surge'' in subsection
4.2(1) of the Act are replaced by the
following:
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| ``contribute
importantly'' « contribuer de manière importante »
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``contribute importantly'', in respect of goods
imported from a NAFTA country or from
Chile, means to be an important cause, but
not necessarily the most important cause;
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| ``surge'' « augmen- tation subite »
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``surge'', in respect of goods imported from a
NAFTA country or from Chile , has the
meaning given that word by Article 805 of
NAFTA or Article F-05 of CCFTA, as the
case may be ;
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| 1988, c. 65,
s. 117(1);
1993, c. 44,
s. 147(1);
1994, c. 47,
s. 103; 1996,
c. 33,
s. 59(1), (2)
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72. (1) Subsections 5(3.1) to (4.92) of the
Act are replaced by the following:
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| Prohibition
against further
orders
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(3.1) No order may be made under
subsection (3) with respect to goods that have
already been the subject of an order under that
subsection or subsection 59.1(1) of the
Customs Tariff unless, after the expiration of
the order and any related orders made under
subsection (3.2) or (4.1) of this section or
subsection 59.1(8) or (11) 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.
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| Extension
order
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(3.2) 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) of this section or
subsection 59.1(1), (8) or (11) of the Customs
Tariff if , at any time before the expiration of
the order , 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
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| Period and
revocation of
extension
orders
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(3.3) 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) of
this section or subsection 59.1(1), (8) or (11)
of the Customs Tariff shall not exceed eight
years.
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| Exception for
goods
imported from
a free trade
partner
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(4) 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
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| New order
with respect to
goods
imported from
a free trade
partner
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(4.1) 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
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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).
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| Order to
specify
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(4.2) An order made under subsection (3) or
(3.2) must state whether it applies to goods
imported from a free trade partner .
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| Addition to
Import
Control List
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(4.3) If at any time it appears to the
satisfaction of the Governor in Council that it
is advisable to collect information with
respect to 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
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| Revocation or
amendment of
inclusion
order
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(4.4) 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.
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| 1996, c. 33,
s. 59(3)
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(2) Subsection 5(6) of the Act is replaced
by the following:
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| Addition to
Import
Control List
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(6) If for the purpose of facilitating the
implementation of action taken under sections
42 to 44, paragraph 59(2)(d), section 59.1 or
subsection 62(1) or 68(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.
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| 1988, c. 65,
s. 117(2);
1993, c. 44,
s. 147(3);
1994, c. 47,
s. 103(7);
1996, c. 33,
s. 59(4)
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(3) Subsections 5(7.1) to (9) of the Act are
replaced by the following:
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| Goods
imported from
a free trade
partner
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(8) 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
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| 1988, c. 65,
s. 118; 1993,
c. 44, s. 148
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73. Sections 5.11 and 5.2 of the Act are
replaced by the following:
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| Addition to
Export
Control List
or Import
Control List
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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 the Schedules to Annex
302.2 of NAFTA in accordance with
Appendix 6 of Annex 300-B of NAFTA or for
the rate of duty provided for in the Schedules
to Annex C-02.2 of CCFTA in accordance
with Appendix 5.1 of Annex C-00-B of
CCFTA, as the case may be , 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.
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| Addition to
Import
Control List
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(2) If at any time it appears to the
satisfaction of the Governor in Council that,
for the purposes of implementing NAFTA or
CCFTA , it is advisable to collect information
with respect to the importation into Canada of
any goods listed in Appendix 1.1 of Annex
300-B of NAFTA or in Appendix 1.1 of Annex
C-00-B of CCFTA, as the case may be , the
Governor in Council may, by order, include
those goods on the Import Control List in
order to facilitate the collection of that
information.
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| Addition to
Import
Control List
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(3) If at any time it appears to the
satisfaction of the Governor in Council that it
is advisable to collect information with
respect to the importation of any goods in
respect of which a specified quantity is
eligible for a benefit of any reduction of
customs duty under subsection 25.8(1) or
60.3(3) of the Customs Tariff, 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.
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| 1993, c. 44,
s. 149
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74. Section 6.1 of the Act is replaced by
the following:
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| Definition of
``originating
goods''
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6.1 (1) In this section, ``originating goods''
means goods that are entitled
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| When
Minister may
take measures
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(2) If at any time it appears to the
satisfaction of the Minister that any goods that
are referred to in paragraph (a) or (b) and are
not originating goods are being imported from
a NAFTA country or from Chile, 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
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| Factors to be
considered
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(3) In determining whether the conditions
referred to in subsection (2) exist, the Minister
shall have regard to paragraph 2 of section 4
of Annex 300-B of NAFTA or paragraph 2 of
section 3 of Annex C-00-B of CCFTA, as the
case may be .
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| 1988, c. 65,
s. 119; 1993,
c. 44, s. 150;
1994, c. 47,
s. 108(2);
1996, c. 33,
s. 60
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75. Subsections 8(2) to (4) of the Act are
replaced by the following:
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| Import
permits
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(2) Notwithstanding subsection (1) and any
regulation made under section 12 that is not
compatible with the purpose of this
subsection, if goods are included on the
Import Control List solely for the purpose of
collecting information pursuant to subsection
5(4.3) , (5) or (6), the Minister shall issue to
any resident of Canada applying therefor a
permit to import those goods, subject only to
compliance with and the application of any
regulations made under section 12 that it is
reasonably necessary to comply with or apply
in order to achieve that purpose.
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| Goods
imported from
a free trade
partner
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(3) If an order has been made under
subsection 5(3) or (3.2) that applies, by virtue
of subsection 5(4), to goods imported from a
free trade partner , or an order has been made
under subsection 5(4.1) , the Minister shall, in
determining whether to issue a permit under
this section, be guided by subparagraph 5(b)
of Article 802 of NAFTA, subparagraph 5(b)
of Article F-02 of CCFTA or subparagraph
5(b) of Article 4.6 of CIFTA, as the case may
be.
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| 1993, c. 44,
s. 151
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76. Section 8.2 of the Act is replaced by
the following:
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| Minister to
issue permit
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8.2 Notwithstanding section 7, subsection
8(1) and any regulation made pursuant to
section 12 that is not compatible with the
purpose of this section, if goods are included
on the Export Control List or the Import
Control List solely for the purpose described
in subsection 5.2(1), (2) or (3), the Minister
shall issue to any resident of Canada applying
therefor a permit to export or import, as the
case may be, those goods, subject only to
compliance with and the application of such
regulations made under section 12 as it is
reasonably necessary to comply with or apply
in order to achieve that purpose.
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| 1988, c. 65,
s. 121; 1993,
c. 44, s. 152
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77. Sections 9.01 and 9.1 of the Act are
replaced by the following:
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| Minister may
issue
certificate
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9.1 The Minister may, for the purpose of
implementing an intergovernmental
arrangement with a NAFTA country
respecting the administration of Appendix 6 to
Annex 300-B of NAFTA, or with Chile
respecting the administration of Appendix 5.1
to Annex C-00-B of CCFTA , issue a
certificate with respect to an exportation of
goods to the NAFTA country or to Chile, as the
case may be , stating the specific quantity of
those goods that
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| 1996, c. 33,
s. 61(1)
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78. (1) The portion of subsection 10(2) of
the Act before paragraph (a) is replaced by
the following:
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| Alteration of
permits, etc.
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(2) If a permit has been issued under this
Act to any person for the exportation or
importation of goods that have been included
on the Export Control List or the Import
Control List solely for the purpose described
in subsection 5(4.3) , (5) or (6), 5.1(1) or
5.2(1), (2) or (3) , and
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| 1996, c. 33,
s. 61(2)
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(2) Paragraph 10(2)(c) of the Act is
replaced by the following:
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