Bill C-61
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| R.S., c. E-19
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Export and Import Permits Act |
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57. Section 2 of the Export and Import
Permits Act is amended by adding the
following in alphabetical order:
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| ``CIFTA'' « ALÉCI »
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``CIFTA'' has the same meaning as
``Agreement'' in subsection 2(1) of the
Canada-Israel Free Trade Agreement
Implementation Act;
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| ``goods
imported from
Israel or
another
CIFTA
beneficiary'' « marchan- dises importées d'Israël ou d'un autre bénéficiaire de l'ALÉCI »
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``goods imported from Israel or another
CIFTA beneficiary'' means goods that are,
within the meaning of regulations made
under section 58.4 of the Customs Tariff,
imported from Israel or another CIFTA
beneficiary;
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| ``Israel or
another
CIFTA
beneficiary'' « Israël ou autre bénéficiaire de l'ALÉCI »
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``Israel or another CIFTA beneficiary'' has the
same meaning as in subsection 2(1) of the
Customs Tariff;
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| 1994, c. 47,
s. 102
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58. 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, has the
meaning given that expression by Article
805 of NAFTA;
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| ``surge'' « augmenta- tion subite »
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``surge'', in respect of goods imported from a
NAFTA country, has the meaning given that
word by Article 805 of NAFTA;
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| 1994, c. 47,
s. 103(4)
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59. (1) Subsections 5(3.1) to (3.3) 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 pursuant to
subsection (3) with respect to goods that have
already been the subject of an order made
pursuant to that subsection or subsection
59.1(1) or 59.11(2) of the Customs Tariff
unless, following the expiration of the order
and any related orders made pursuant to
subsection (3.2), (4.01) or (4.8) of this section
or subsection 59.1(8) or (11) or 59.11(13) or
(20) 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) Where at any time before the
expiration of an order made with respect to
any goods pursuant to this subsection or
subsection (3), (4.01) or (4.8) of this section or
subsection 59.1(1), (8) or (11) or 59.11(2),
(13) or (20) of the Customs Tariff 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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the Governor in Council may, on the
recommendation of the Minister, make an
extension order including any of the goods on
the Import Control List.
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| Period and
revocation of
extension
orders
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(3.3) Every extension order made pursuant
to subsection (3.2) shall, subject to this
section, remain in effect for such period as 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 pursuant to subsection
(3), (3.2), (4.01) or (4.8) of this section or
subsection 59.1(1), (8) or (11) or 59.11(2),
(13) or (20) of the Customs Tariff shall not
exceed eight years.
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(2) Section 5 of the Act is amended by
adding the following after subsection (4.5):
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| Exception for
goods
imported from
Israel or
another
CIFTA
beneficiary
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(4.6) Notwithstanding subsections (3) and
(3.2), no order made under those subsections
may apply in respect of goods imported from
Israel or another CIFTA beneficiary unless it
appears to the satisfaction of the Governor in
Council, on a report of the Minister made
pursuant to an inquiry under section 20, 26 or
30.07 of the Canadian International Trade
Tribunal Act, that
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| Limitation
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(4.7) Where the Governor in Council makes
an order under subsection (3) or (3.2) in
respect of goods imported from Israel or
another CIFTA beneficiary or makes an order
under subsection (4.8), the Governor in
Council shall be guided by subparagraph 5(b)
of Article 4.6 of CIFTA.
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| New order
with respect to
goods
imported from
Israel or
another
CIFTA
beneficiary
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(4.8) Where an order has been made under
subsection (3) or (3.2) that does not, by virtue
of subsection (4.6), apply to goods imported
from Israel or another CIFTA beneficiary and
it appears to the satisfaction of the Governor
in Council, on a report of the Minister made
pursuant to an inquiry under section 30.011 of
the Canadian International Trade Tribunal
Act, that
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any goods of the same kind imported into
Canada from Israel or another CIFTA
beneficiary may, by order of the Governor in
Council, be included on the Import Control
List for the purpose of limiting the importation
of those goods into Canada to prevent the
undermining of the effectiveness of the order
made under subsection (3) or (3.2).
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| Order to
specify
whether it
applies to
goods
imported from
Israel or
another
CIFTA
beneficiary
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(4.9) An order made under subsection (3) or
(3.2) shall state whether it applies to goods
imported from Israel or another CIFTA
beneficiary.
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| Addition to
Import
Control List
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(4.91) 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 importation into Canada of any
goods from Israel or another CIFTA
beneficiary
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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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| Revocation or
amendment of
inclusion
order
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(4.92) Where at any time it appears to the
satisfaction of the Governor in Council that an
order including any goods on the Import
Control List pursuant to subsection (3), (3.2)
or (4.8) 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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| 1994, c. 47,
s. 103(5)
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(3) 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) Where, for the purpose of facilitating the
implementation of action taken under sections
42 to 44, paragraph 59(2)(d), section 59.1 or
59.11, paragraph 60(1)(e) 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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(4) Section 5 of the Act is amended by
adding the following after subsection (8):
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| Goods
imported from
Israel or
another
CIFTA
beneficiary
removed from
List
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(9) Where goods imported from Israel or
another CIFTA beneficiary are included on
the Import Control List by order of the
Governor in Council under subsection (4.8) or
(4.91), the goods are deemed to be removed
from that List on the earlier of
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| 1994, c. 47,
s. 108(2)
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60. (1) Subsection 8(2) of the Act is
replaced by the following:
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| Import
permits
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(2) Notwithstanding subsection (1) and any
regulation made pursuant to section 12 that is
not compatible with the purpose of this
subsection, where goods are included on the
Import Control List solely for the purpose of
collecting information pursuant to subsection
5(4.03), (4.4), (4.91), (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 such regulations made pursuant
to section 12 as it is reasonably necessary to
comply with or apply in order to achieve that
purpose.
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(2) Section 8 of the Act is amended by
adding the following after subsection (3):
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| Reference to
CIFTA
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(4) Where, by virtue of subsection 5(4.6),
an order has been made pursuant to subsection
5(3) or (3.2) that applies to goods imported
from Israel or another CIFTA beneficiary, or
an order has been made pursuant to subsection
5(4.8), the Minister shall, in determining
whether to issue a permit under this section in
respect of goods imported from Israel or
another CIFTA beneficiary, be guided by
subparagraph 5(b) of Article 4.6 of CIFTA.
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| 1993, c. 44,
s. 153(1)
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61. (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) Where 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(4.03), (4.4), (4.91), (5) or (6),
5.1(1), 5.11(1), (2) or (3) or 5.2(1) or (2), and
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| 1993, c. 44,
s. 153(2)
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(2) Paragraph 10(2)(c) of the Act is
replaced by the following:
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PART III |
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COMING INTO FORCE |
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| Coming into
force
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62. (1) Subject to this Act, this Act or any
of its provisions, or any provision of an Act
as enacted or amended by this Act, comes
into force on a day or days to be fixed by
order of the Governor in Council.
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| Condition
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(2) No order may be made under
subsection (1) unless the Governor in
Council is satisfied that the Government of
the State of Israel has taken satisfactory
steps to implement the Agreement.
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