Order Amending the Import Control List: SOR/2022-161
Canada Gazette, Part II, Volume 156, Number 14
Registration
SOR/2022-161 June 24, 2022
EXPORT AND IMPORT PERMITS ACT
P.C. 2022-821 June 24, 2022
Whereas the Governor in Council deems it necessary to control the import of certain articles 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 into those things or made useful in the production of those things and to implement an intergovernmental arrangement or commitment;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Order Amending the Import Control List under paragraphs 5(1)(c.1)footnote a and (e) and section 6footnote b of the Export and Import Permits Act footnote c.
Order Amending the Import Control List
Amendments
1 (1) Subsection 74(1) of the Import Control List footnote 1 is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (h):
- (i) Р-alkyl (H or equal to or less than C10, including cycloalkyl) N-(1-(dialkyl(equal to or less than C10, including cycloalkyl)amino))alkylidene(H or equal to or less than C10, including cycloalkyl) phosphonamidic fluorides and corresponding alkylated or protonated salts; e.g., N-(1-(di-n-decylamino)-n-decylidene)P-decylphosphonamidic fluoride, (CAS 238749599-8) and Methyl-(1-(diethylamino)ethylidene)phosphonamidofluoridate, (CAS 2387496-12-8);
- (j) O-alkyl (H or equal to or less than C10, including cycloalkyl) N-(1-(dialkyl(equal to or less than C10, including cycloalkyl)amino))alkylidene(H or equal to or less than C10, including cycloalkyl) phosphoramidofluoridates and corresponding alkylated or protonated salts; e.g., O-n-Decyl N-(1-(di-n-decylamino)-n-decylidene)phosphoramidofluoridate, (CAS 2387496-00-4); Methyl (1-(diethylamino)ethylidene)phosphoramidofluoridate, (CAS 2387496-04-8) and Ethyl (1-(diethylamino)ethylidene)phosphoramidofluoridate, (CAS 2387496-06-0);
- (k) Methyl-(bis(diethylamino)methylene)phosphonamidofluoridate, (CAS 2387496-14-0); and
- (l) the following carbamates:
- (i) quaternaries of dimethylcarbamoyloxypyridines: 1-[N,N-dialkyl(equal to or less than C10)-N-(n-(hydroxyl, cyano, acetoxy)alkyl(equal to or less than C10)) ammonio]-n-[N-(3dimethylcarbamoxy-α-picolinyl)-N,N-dialkyl(equal to or less than C10) ammonio]decane dibromide (n=1-8); e.g., 1-[N,N-dimethyl-N-(2-hydroxy) ethylammonio]-10-[N-(3-dimethylcarbamoxy-αpicolinyl)-N,N-dimethylammonio]decane dibromide, (CAS 77104-62-2), and
- (ii) bisquaternaries of dimethylcarbamoyloxypyridines: 1,n-Bis[N-(3-dimethylcarbamoxy-α-picolyl)-N,N-dialkyl(equal to or less than C10) ammonio]-alkane-(2,(n-1)-dione) dibromide (n=2-12); e.g., 1,10-Bis[N-(3-dimethylcarbamoxy-α-picolyl)-N-ethyl-N-methylammonio]decane-2,9-dione dibromide, (CAS 77104-00-8).
(2) Paragraph 74(2)(b) of the English version of the List is replaced by the following:
- (b) O-Alkyl (H or 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: OEthyl O-2-diisopropylaminoethyl methylphosphonite, (CAS 57856-11-8);
(3) Paragraph 74(3)(b) of the French version of the List is replaced by the following:
- b) PFIB : 1,1,3,3,3-pentafluoro-2-(trifluorométhyl)-1-propène (CAS 382-21-8);
(4) Subsection 74(7) of the English version of the List is replaced by the following:
(7) Mixtures containing any quantity of toxic chemicals or precursors listed in subsection (1) or (2).
Coming into Force
2 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.)
Issues
This regulatory amendment ensures that Canada fulfils its commitment under the Chemical Weapons Convention (CWC) to control the importation of one toxic chemical and three families of toxic chemicals. The amendment also addresses three editorial issues raised by the Standing Joint Committee for the Scrutiny of Regulations (hereinafter the “Committee”).
Background
In 2019, following an incident involving a chemical weapon that took place a year earlier in Salisbury, United Kingdom, member states of the Organisation for the Prohibition of Chemical Weapons (OPCW) agreed by consensus to list certain new toxic chemicals under Schedule 1A of the CWC.
Chemicals listed in the Annex on Chemicals (Schedules) of the CWC must be controlled for both export and import by CWC States Parties. On the export side, these new controls were implemented in Canada through their addition to Group 7 (under items 7-3.1.i. to 7-3.1.l) of the 2020 edition of A Guide to Canada’s Export Control List, a policy manual that is incorporated by reference in the Export Control List. The present amendment fulfils the obligation to control the importation of these items.
In addition, in a letter dated August 26, 2019, the Committee brought to the attention of the Department three issues with the Import Control List (ICL). Two of these issues were typographical errors in the technical control text describing certain chemical compounds, whereby the control text was correct in one official language and not in the other. The third issue was a perceived inconsistency in the use of the words “and” and “or” in the English and the French versions of subsection 74(7).
Objective
The proposed amendment to the ICL will
- ensure that the control text of the ICL matches the latest version of the CWC Schedule, thereby ensuring that Canada is compliant with its obligations under the CWC; and
- address editorial issues raised by the Committee.
Description
CWC chemicals
Further to this amendment, the one toxic chemical and three families of toxic chemicals that have recently been added to Schedule 1A of the CWC will be added to subsection 74(1) of the ICL, which lists the CWC’s Schedule 1A chemicals. Four paragraphs, representing the four newly listed chemical agent groups, will be added at the end of the current list of chemicals in subsection 74(1) of the ICL, which corresponds to the order in which these chemicals are listed in the CWC Schedule. On the export side, these four items have already been included in Group 7 of the Guide to Canada’s Export Control List under a separate regulatory amendment to the Export Control List in 2021.
Amendments to address concerns raised by the Committee
Paragraphs 70 to 74 of the ICL set out strategic items that are controlled for importation into Canada. The Committee raised three issues with the language in paragraph 74, which controls the importation of CWC toxic chemicals:
- The English version of paragraph 74(2)(b), which controls O-Alkyl chemical precursors (listed in CWC Schedule 1B) is amended to correct this text to “O-Alkyl (H or equal to or less than C10)” so that it tracks the French version of the regulation, and is consistent with the official English text of the CWC Schedule.
- The spelling of the French version of paragraph 74(3)(b) is corrected.
- The English version of 74(7) is amended to reflect the French version of the text by changing “and” to “or,” which is intended to capture mixtures containing any quantity of toxic chemicals or precursors listed in either subsection 74(1), subsection 74(2) or in both subsections of this provision.
Regulatory development
Consultation
Exemption from prepublication was granted due to the necessary nature of the proposed amendment. The first part of the proposed amendment adds one toxic chemical and three families of toxic chemicals to the ICL, which Canada is legally required to do as a State Party to the CWC and as a Member State of the OPCW. As an alternative to public consultations, Global Affairs Canada has instead informed affected entities of the proposed changes.
The second part of the proposed amendment responds to concerns expressed by the Committee, but does not change the scope of the ICL. As a result, public comment could not impact the scope of the proposed amendment.
Modern treaty obligations and Indigenous engagement and consultation
There are no known First Nations-led companies or First Nations individuals that import these toxic chemicals or precursors into Canada.
Instrument choice
The ICL is a regulation established under the Export and Import Permits Act (EIPA). Amendments to the ICL can only be carried out through regulations made under the Act.
Regulatory analysis
Benefits and costs
There are no anticipated costs to the proposed amendment. The addition of one toxic chemical and three families of toxic chemicals to the ICL will not result in any additional cost to government or businesses given that instances where Schedule 1A chemicals are imported into Canada are extremely rare. Furthermore, there are only two entities that are presently licensed under the Schedule 1 Chemicals Regulations (Chemical Weapons Convention) of the Chemical Weapons Convention Implementation Act to possess Schedule 1A chemicals in Canada (both of which are part of the Government of Canada, which is not bound by the EIPA or ICL).
The minor changes requested by the Committee will serve to correct editorial issues in the text of the regulation and will not alter the scope of the items controlled for import, thus they will not engender any new costs.
Small business lens
No impacts are anticipated for small businesses.
One-for-one rule
The one-for-one rule does not apply, as there is no incremental change in the administrative burden on business.
Regulatory cooperation and alignment
All State Parties to the CWC have committed to prohibiting the development production, acquisition, stockpiling, transfer, and use of chemical weapons. As a result, all of Canada’s allies have also committed to putting in place controls over the export and import of CWC Scheduled chemicals, including those toxic chemicals that have recently been added to Schedule 1A. By implementing this proposed amendment, Canada will align its controls with those of other OPCW Member States.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus
No gender-based analysis plus (GBA+) impacts have been identified for this proposal.
Implementation, compliance and enforcement, and service standards
Implementation
The proposed amendment would come into force on the day it is registered. On that day, the Export Controls Operations Division at Global Affairs Canada, which is responsible for issuing import permits for strategic goods and technology, will begin to assess import permit applications related to the one toxic chemical and three families of toxic chemicals added to the ICL. However, as noted above, these toxic chemicals have no known industrial uses and thus no import permit applications are anticipated.
Compliance and enforcement
The Canada Border Services Agency and the Royal Canadian Mounted Police are responsible for the enforcement of Canada’s import controls. Importing or attempting to import goods and technology identified on the ICL without a permit, as required by the EIPA, is prohibited and may lead to prosecution.
Service standards
The Export and Brokering Controls Handbook states that the service standard for import permits for strategic goods and technology is ten business days.
Contact
Judy Korecky
Deputy Director
Export Controls Policy Division
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343‑203‑4332 or 613‑291‑0347
Fax: 613‑996‑9933
Email: judy.korecky@international.gc.ca
Should members of the public contact Ms. Korecky by email, they are invited to send a copy of their comments to the collective mailbox at expctrlpol@international.gc.ca.