Vol. 146, No. 26 — December 19, 2012

Registration

SOR/2012-258 November 30, 2012

EXPORT AND IMPORT PERMITS ACT

Order Amending the Import Control List

P.C. 2012-1596 November 29, 2012

Whereas the Governor General in Council deems it necessary to control the import of goods mentioned in the annexed Order, for the purposes of paragraphs 5(1)(c.1) (see footnote a) and (e) of the Export and Import Permits Act (see footnote b);

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraphs 5(1)(c.1) (see footnote c) and (e) and section 6 (see footnote d) of the Export and Import Permits Act (see footnote e), makes the annexed Order Amending the Import Control List.

ORDER AMENDING THE IMPORT CONTROL LIST

AMENDMENTS

1. Item 74 of the Import Control List (see footnote 1) is replaced by the following:

74. (1) The following CWC Schedule 1 A toxic chemicals:

  • (a) O-Alkyl (equal to or less than C10, including cycloalkyl) alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) - phosphonofluoridates, e.g., Sarin:O-Isopropyl methylphosphonofluoridate, (CAS 107-44-8) and Soman:O-Pinacolyl methylphosphonofluoridate, (CAS 96-64-0);

  • (b) O-Alkyl (equal to or less than C10, including cycloalkyl) N,N-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphoramidocyanidates, e.g., Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate, (CAS 77-81-6);

  • (c) O-Alkyl (H or equal to or less than C10, including cycloalkyl) S-2-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl)-aminoethyl alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphonothiolates and corresponding alkylated or protonated salts, e.g., VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate, (CAS 50782-69-9);

  • (d) the following sulphur mustards:
    • (i) 2-Chloroethylchloromethylsulphide, (CAS 2625-76-5),

    • (ii) Mustard gas: Bis(2-chloroethyl) sulphide, (CAS 505-60-2),

    • (iii) Bis(2-chloroethylthio) methane, (CAS 63869-13-6),

    • (iv) Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane, (CAS 3563-36-8),

    • (v) 1,3-Bis(2-chloroethylthio)-n-propane, (CAS 63905-10-2),

    • (vi) 1,4-Bis(2-chloroethylthio)-n-butane, (CAS 142868-93-7),

    • (vii) 1,5-Bis(2-chloroethylthio)-n-pentane, (CAS 14286894-8),

    • (viii) Bis(2-chloroethylthiomethyl)ether; (CAS 63918-90-1), and

    • (ix) O-Mustard: Bis(2-chloroethylthioethyl)ether, (CAS 63918-89-8);
  • (e) the following lewisites:
    • (i) Lewisite 1: 2-Chlorovinyldichloroarsine, (CAS 541-25-3),

    • (ii) Lewisite 2: Bis(2-chlorovinyl)chloroarsine, (CAS 40334-69-8), and

    • (iii) Lewisite 3: Tris(2-chlorovinyl)arsine, (CAS 40334-70-1);
  • (f) the following nitrogen mustards:
    • (i) HN1: Bis(2-chloroethyl)ethylamine, (CAS 538-07-8),

    • (ii) HN2: Bis(2-chloroethyl)methylamine, (CAS 51-75-2), and

    • (iii) HN3: Tris(2-chloroethyl)amine, (CAS 555-77-1);
  • (g) Saxitoxin, (CAS 35523-89-8); and

  • (h) Ricin, (CAS 9009-86-3).

(2) The following CWC Schedule 1 B precursors:

  • (a) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides, e.g., DF: Methylphosphonyldifluoride, (CAS 676-99-3);

  • (b) O-Alkyl (H equal to or less than C10, including cycloalkyl) O-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonites and corresponding alkylated or protonated salts, e.g., QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite, (CAS 57856-11-8);

  • (c) Chlorosarin: O-Isopropyl methylphosphonochloridate, (CAS 1445-76-7); and

  • (d) Chlorosoman: O-Pinacolyl methylphosphonochloridate, (CAS 7040-57-5).

(3) The following CWC Schedule 2 A toxic chemicals:

  • (a) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl] phosphorothiolate, (CAS 78-53-5) and corresponding alkylated or protonated salts;

  • (b) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene, (CAS 382-21-8); and

  • (c) BZ: 3-Quinuclidinyl benzilate, (CAS 6581-06-2).

(4) The following CWC Schedule 2 B precursors:

  • (a) Chemicals, except for those listed in subsection (1) or (2), containing a phosphorus atom to which is bonded one methyl, ethyl or propyl (normal or iso) group but not further carbon atoms, such as: Dimethyl methylphosphonate, (CAS 756-79-6) or Methylphosphonyl dichloride, (CAS 676-97-1); Note: This paragraph does not include Fonofos: 0-Ethyl S-phenyl ethylphosphonothiolothionate, (CAS 944-22-9);

  • (b) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides;

  • (c) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-Dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidates;

  • (d) Arsenic trichloride, (CAS 7784-34-1);

  • (e) 2,2-diphenyl-2-hydroxyacetic acid, (CAS 76-93-7);

  • (f) Quinuclidin-3-ol, (CAS 1619-34-7);

  • (g) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides and corresponding protonated salts;

  • (h) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and corresponding protonated salts, but not including
    • (i) N,N-Dimethylaminoethanol, (CAS 108-01-0) and corresponding protonated salts, or

    • (ii) N,N-Diethylaminoethanol, (CAS 100-37-8) and corresponding protonated salts;
  • (i) N,N-Dialkyl (Me, Et, n-Pr or i-Pr)aminoethane-2-thiols and corresponding protonated salts;

  • (j) Thiodiglycol: Bis(2-hydroxyethyl)sulfide, (CAS 111-48-8); and

  • (k) Pinacolyl alcohol: 3,3-Dimethylbutan-2-ol, (CAS 464-07-3).

(5) The following CWC Schedule 3 A toxic chemicals:

  • (a) Phosgene: Carbonyl dichloride, (CAS 75-44-5);

  • (b) Cyanogen chloride, (CAS 506-77-4);

  • (c) Hydrogen cyanide, (CAS 74-90-8);

  • (d) Chloropicrin: Trichloronitromethane, (CAS 76-06-2).

(6) The following CWC Schedule 3 B precursors:

  • (a) Phosphorus oxychloride, (CAS 10025-87-3);

  • (b) Phosphorus trichloride, (CAS 7719-12-2);

  • (c) Phosphorus pentachloride, (CAS 10026-13-8);

  • (d) Trimethyl phosphite, (CAS 121-45-9);

  • (e) Triethyl phosphite, (CAS 122-52-1);

  • (f) Dimethyl phosphite, (CAS 868-85-9);

  • (g) Diethyl phosphite, (CAS 762-04-9);

  • (h) Sulfur monochloride, (CAS 10025-67-9);

  • (i) Sulfur dichloride, (CAS 10545-99-0);

  • (j) Thionyl chloride, (CAS 7719-09-7);

  • (k) Ethyldiethanolamine, (CAS 139-87-7);

  • (l) Methyldiethanolamine, (CAS 105-59-9); and

  • (m) Triethanolamine, (CAS 102-71-6).

(7) Mixtures containing any quantity of toxic chemicals or precursors listed in subsections (1) and (2).

(8) Mixtures containing any quantity of toxic chemicals or precursors listed in subsections (3) to (6), unless the listed chemical or precursor is an ingredient in a product identified as a consumer good packaged for retail sale to be used for personal purposes.

(9) In this section, “CWC” means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, adopted in Geneva on September 3, 1992 by the Organisation for the Prohibition of Chemical Weapons (known as the Chemical Weapons Convention).

(10) For the purposes of this section, the acronym “CAS” refers to the Chemical Abstracts Service Registry number for a chemical as listed in the Chemical Abstracts Service Registry Handbook published by the American Chemical Society, Washington, D.C.

2. Items 90 and 91 of the List are replaced by the following:

91. (1) Firearms and devices that are

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

  • (b) prohibited devices described in paragraph (b) of the definition “prohibited device” in subsection 84(1) of the Criminal Code.

(2) Any part that is a piece of the action of a prohibited firearm referred to in paragraph (1)(a), including the bolt or bolt-carrier, that is designed to enable a prohibited firearm to discharge bullets in rapid succession during one pressure of the trigger, whether or not the part permits the discharge to be limited to a single bullet for each such pressure, and any assembly or sub-assembly that contains one or more of those parts.

COMING INTO FORCE

3. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Order.)

1. Background

Pursuant to section 5 of the Export and Import Permits Act, the Governor in Council is provided the authority to “establish a list of goods, to be called an Import Control List (ICL), including therein any article the import of which the Governor in Council deems it necessary to control for any of” an enumerated set of purposes.

Import permits are required for any of the goods listed on the ICL. These regulatory amendments concern goods that are controlled for the purpose of restricting the importation of arms, ammunition, implements or munitions of war, army, naval or air stores, or any articles deemed capable of being converted or made useful in their production. Also of relevance to these regulatory amendments are goods that are controlled for the purpose of implementing an intergovernmental arrangement or commitment.

In order to ensure that this regulation continues to be applied effectively, regulatory amendments are periodically made. Section 6 of the Export and Import Permits Act provides the Governor in Council with the ability to make such amendments.

2. Issue

These regulatory amendments are necessary to ensure that the ICL reflects current Government of Canada policy and contains up-to-date statutory and regulatory references. There is no non-regulatory alternative available to address this issue.

3. Objectives

The objectives of these regulatory amendments are to

  • update ICL Item 74 to reflect Canada’s current Export Control List (ECL) numbering system;
  • repeal out-of-date references to import sanctions formerly applied to goods from South Africa; and
  • update the references found in ICL Item 91 to subsection 84(1) of the Criminal Code with respect to prohibited firearms, as the Criminal Code has since been amended.

4. Description

These amendments to the ICL consist of three changes:

  • (i) Item 74 of the ICL, which details the import controls that Canada maintains over certain chemicals and chemical precursors as a result of Canada’s participation as a party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (the “Chemical Weapons Convention”), contains cross-references to the ECL numbering system. On January 20, 2006, amendments were made to the ECL that included a revised numbering system in order to more closely mirror the numbering systems used in the various export controls regimes to which Canada is a member. This rendered the existing references found in Item 74 of the ICL out of date. This amendment to Item 74 of the ICL will ensure consistency with the ECL references, which name the chemicals and chemical precursors subject to import controls.

  • (ii) On April 5, 1990, articles listed in Group 2 (Munitions List) of the ECL that were of South African origin were added to the ICL, under Item 90. As a result of intervening developments, such import restrictions are no longer desired, and hence have been removed from the ICL.

  • (iii) Item 91 of the ICL, which references the relevant Criminal Code provision in regard to its coverage of prohibited weapons, has been revised to reflect intervening amendments to subsection 84(1) of the Criminal Code.

5. Consultation

As is customary when dealing with potential changes to Canada’s import and export controls, Foreign Affairs and International Trade Canada (DFAIT) consulted with and received the support of all relevant federal institutions, including the Royal Canadian Mounted Police and the Canada Border Services Agency.

The overall impact of the amendments on the importing community will be minimal, as the changes are in the nature of clarifications and updates only, and affect a limited number of goods. Therefore, no public consultations on these regulatory amendments were conducted.

6. Rationale

These regulatory amendments are necessary to ensure that the ICL reflects current Government of Canada policy and contains up-to-date statutory and regulatory references.

These amendments are administrative in nature and therefore are not anticipated to unduly impact other areas or sectors.

There is no alternative to making this Order, as the updates are necessary for Canada to effectively administer its import controls.

7. Implementation, enforcement and service standards

The ICL lists the goods for which an import permit must be obtained prior to their import into Canada. Failure to possess the required import permit at the time of import may result in prosecution under the Export and Import Permits Act.

8. Contact

Jeffrey Westgarth-Taylor
Policy Analyst
Export Controls Division
Trade Controls and Technical Barriers Bureau
Foreign Affairs and International Trade Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-996-0257
Fax: 613-996-9933
Email: jeffrey.taylor@international.gc.ca