Regulations Amending Certain Regulations Made Under the Export and Import Permits Act: SOR/2020-71

Canada Gazette, Part II, Volume 154, Number 9

Registration

SOR/2020-71 April 7, 2020

EXPORT AND IMPORT PERMITS ACT

P.C. 2020-225 April 3, 2020

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 12 ^{footnote a} of the Export and Import Permits Act ^{footnote b}, makes the annexed Regulations Amending Certain Regulations Made Under the Export and Import Permits Act.

Regulations Amending Certain Regulations Made Under the Export and Import Permits Act

Issuance of Certificates Regulations

1 (1) The definition export development plan in section 2 of the Issuance of Certificates Regulations ^{footnote 1} is repealed.

(2) The definitions export performance, exporter and fabric and made-up goods in section 2 of the Regulations are replaced by the following:

• export performance means the volume and value of exports from Canada of an exporter to the United States or Mexico of apparel goods, fabrics and made-up goods, spun yarn or metallized yarn, as applicable; (performance à l’exportation)
• exporter means a person who exports or intends to export from Canada to the United States or Mexico apparel goods, fabrics and made-up goods, spun yarn or metallized yarn, as applicable; (exportateur)
• fabric and made-up goods means
  • (a) cotton or man-made fibre fabric and cotton or man-made fibre made-up textile goods referred to in Chapters 52 to 55 in the List of Tariff Provisions set out in the schedule to the Customs Tariff — excluding goods containing 36% or more by weight of wool or fine animal hair — and in Chapters 58, 60 and 63 of that schedule, that are woven or knit in Canada from yarn produced or obtained outside the free trade area, or from yarn produced in the free trade area from fibre produced or obtained outside the free trade area, or knit in Canada from yarn spun in the free trade area from fibre produced or obtained outside the free trade area, or
  • (b) goods under subheading No. 9404.90 in the List of Tariff Provisions set out in the schedule to the Customs Tariff that are finished, cut and sewn or otherwise assembled in Canada from fabrics of subheading Nos. 5208.11 to 5208.29, 5209.11 to 5209.29, 5210.11 to 5210.29, 5211.11 to 5211.20, 5212.11, 5212.12, 5212.21, 5212.22, 5407.41, 5407.51, 5407.71, 5407.81, 5407.91, 5408.21, 5408.31, 5512.11, 5512.21, 5512.91, 5513.11 to 5513.19, 5514.11 to 5514.19, 5516.11, 5516.21, 5516.31, 5516.41 or 5516.91 of that schedule that are produced or obtained outside the free trade area; (tissus et articles confectionnés)

(3) Section 2 of the Regulations is amended by adding the following in alphabetical order:

• metallized yarn means yarn under subheading No. 5605.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff that are formed in Canada from fibres obtained outside the free trade area; (filé métallique or fil métallisé)

2 Section 3 of the Regulations is replaced by the following:

3 The following considerations must be taken into account by the Minister in the issuance of a certificate under section 9.1 or 9.2 of the Export and Import Permits Act in respect of goods that are the subject of an export allocation:

• (a) the export performance of the exporter, if any, over a recent representative base period;
• (b) the degree of demand for certificates; and
• (c) the effective utilization and preservation of the benefits of CUSMA and any intergovernmental arrangements made under it.

Application for Certificate of Eligibility

4 (1) An application for a certificate under section 9.1 or 9.2 of the Export and Import Permits Act must include the following information:

• (a) the name, address, telephone number and email address of the exporter and of any agent or mandatary applying on the exporter’s behalf;
• (b) if the exporter or agent or mandatary is a corporation, the name of a contact person for the corporation;
• (c) the exporter’s identifier number assigned by the Minister;
• (d) the official language to be used for communications with the agent or mandatary and the exporter;
• (e) an indication of whether the exporter and, if applicable, the agent or mandatary are residents of Canada;
• (f) a detailed description of the good;
• (g) the tariff classification of the good;
• (h) the quantity of the good and the unit of measurement;
• (i) the value of the good in Canadian dollars;
• (j) the date of shipment of the good;
• (k) the port of exit of the good;
• (l) the date of exit of the good;
• (m) the name and address of the importer or consignee;
• (n) the good’s country of origin; and
• (o) any other information requested by the Minister for clarification purposes related to the application.

(2) A certificate holder may, in writing, before the expiry date of the certificate, make a request to the Minister to amend the certificate. The request must state the terms and conditions of the certificate and the reasons for the amendment.

Export Permits Regulations

3 Paragraph 2(1)(c) of the Export Permits Regulations ^{footnote 2} is replaced by the following:

• (c) any goods that are referred to in items 5200 to 5210 of Group 5 of the schedule to the List.

Export Allocations Regulations

4 Section 1 of the Export Allocations Regulations ^{footnote 3} is replaced by the following:

Definition of product

1 In these Regulations, product means any product referred to in items 5200 to 5210 of Group 5 of the schedule to the Export Control List.

Export Permits Regulations (Non-strategic Products)

5 Section 1 of the Export Permits Regulations (Non-strategic Products) ^{footnote 4} is replaced by the following:

Definition of product

1 In these Regulations, product means any product referred to in items 5200 to 5210 of Group 5 of the schedule to the Export Control List.

Coming into Force

6 These Regulations come into force on the day on which section 40 of the Canada–United States–Mexico Agreement Implementation Act, chapter 1 of the Statutes of Canada, 2020, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2020-69, Order Amending the Import Control List.