Order Amending and Repealing Certain Permits and Orders Made Under the Export and Import Permits Act: SOR/2026-89

Canada Gazette, Part II, Volume 160, Number 12

Registration
SOR/2026-89 May 27, 2026

EXPORT AND IMPORT PERMITS ACT

The Minister of Foreign Affairs makes the annexed Order Amending and Repealing Certain Permits and Orders Made Under the Export and Import Permits Act under paragraph 6.3(3)(a)^{footnote a} and subsections 7(1.1)^{footnote b}, 8(1.1)^{footnote c} and 10(1)^{footnote d} of the Export and Import Permits Act ^{footnote e}.

Ottawa, May 25, 2026

Anita Anand
Minister of Foreign Affairs

Order Amending and Repealing Certain Permits and Orders Made Under the Export and Import Permits Act

Amendments

General Export Permit No. 45 — Cryptography for the Development or Production of a Product

1 (1) Subparagraphs 2(b)(i) and (ii) of the General Export Permit No. 45 — Cryptography for the Development or Production of a Product ^{footnote 1} are replaced by the following:

(i) is used in the development or production of a good referred to in any of subparagraphs (ii) or (a)(i) or (ii), or
(ii) is specially designed to evaluate and validate the information security functions of a good referred to in any of subparagraphs (a)(i) or (ii) or (c)(i) to (iii);

(2) Subparagraphs 2(c)(i) and (ii) of the Permit are replaced by the following:

(i) is used in the development, production or use of a good referred to in any of subparagraphs (ii) or (iii) or (a)(i) or (ii),
(ii) has the characteristics of a good referred to in any of subparagraphs (a)(i) or (ii) or that performs or simulates the functions of any of those goods,

(3) Subparagraph 2(c)(iv) of the Permit is replaced by the following:

(iv) is specially designed or modified to support technology used in the development, production or use of a good referred to in any of subparagraphs (i) to (iii), (a)(i) or (ii), or (b)(i) or (ii); or

(4) Paragraph 2(d) of the Permit is replaced by the following:

(d) any technology referred to in item 1-5.E.2. of the Guide, other than a technology that is used in the development, production or use of a good referred to in any of subparagraphs (a)(i) or (ii), (b)(i) or (ii) or (c)(i) to (iii).

General Export Permit No. 46 — Cryptography for Use by Certain Consignees

2 (1) Subparagraphs 2(2)(b)(i) and (ii) of the General Export Permit No. 46 — Cryptography for Use by Certain Consignees ^{footnote 2} are replaced by the following:

(i) used in the development or production of any good referred to in any of subparagraphs (ii) or (a)(i) or (ii), or
(ii) specially designed to evaluate and validate the information security functions of a good referred to in any of subparagraphs (a)(i) or (ii) or (c)(i) to (iii);

(2) Subparagraphs 2(2)(c)(i) and (ii) of the Permit are replaced by the following:

(i) used in the development, production or use of any good referred to in any of subparagraphs (ii) or (iii) or (a)(i) or (ii),
(ii) that has the characteristics of a good referred to in any of subparagraphs (a)(i) or (ii) or that performs or simulates the functions of any of those goods,

(3) Subparagraph 2(2)(c)(iv) of the Permit is replaced by the following:

(iv) specially designed or modified to support technology used in the development, production or use of a good referred to in any of subparagraphs (i) to (iii), (a)(i) or (ii), or (b)(i) or (ii); or

(4) Paragraph 2(2)(d) of the Permit is replaced by the following:

(d) any technology referred to in item 1-5.E.2. of the Guide, other than a technology used in the development, production or use of a good referred to in any of subparagraphs (a)(i) or (ii), (b)(i) or (ii) or (c)(i) to (iii).

General Export Permit No. 41 — Dual-use Goods and Technology to Certain Destinations

3 Item 36 of the schedule to the General Export Permit No. 41 — Dual-use Goods and Technology to Certain Destinations ^{footnote 3} is replaced by the following:
Item	Goods or technology
36	those referred to in item 1-8.A.1.c.1. of the Guide

4 Items 38 and 39 of the schedule to the Permit are replaced by the following:
Item	Goods or technology
38	those referred to in item 1-8.D.1. of the Guide that are software specially designed for the development or production of equipment specified by item 1-8.A.1.b., 1-8.A.1.c.1. or 1-8.A.2.o.3.b. of the Guide
39	those referred to in item 1-8.E.1. of the Guide that are for the development or production of equipment specified by item 1-8.A.1.b., 1-8.A.1.c.1. or 1-8.A.2.o.3.b. of the Guide

Repeals

5 The following Permits and Orders are repealed:

(a) Export of Consumable Stores Supplied to Vessels and Aircraft Permit ^{footnote 4};
(b) General Import Permit No. 193 — Roses ^{footnote 5};
(c) General Import Permit No. 6 — Roses for Personal Use ^{footnote 6};
(d) General Export Permit No. 38 — CWC Toxic Chemical and Precursor Mixtures ^{footnote 7};
(e) Allocation Method Order – Softwood Lumber Products ^{footnote 8};
(f) Allocation Method Order (2008) – Softwood Lumber Products ^{footnote 9};
(g) Allocation Method Order (2009) – Softwood Lumber Products ^{footnote 10};
(h) Allocation Method Order (2010) — Softwood Lumber Products ^{footnote 11};
(i) Allocation Method Order (2011) — Softwood Lumber Products ^{footnote 12};
(j) Allocation Method Order (2012) — Softwood Lumber Products ^{footnote 13};
(k) Allocation Method Order (2013) — Softwood Lumber Products ^{footnote 14};
(l) Allocation Method Order (2014) — Softwood Lumber Products ^{footnote 15}; and
(m) Allocation Method Order (2015) — Softwood Lumber Products ^{footnote 16}.

Coming into Force

6 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

The Softwood Lumber Agreement between the Government of Canada and the Government of the United States of America (2006 SLA) entered into force on October 12, 2006, for a set period of seven years with the possibility of a two-year extension, which the parties exercised in 2013. The agreement was extended until October 12, 2015, after which Canada relisted softwood lumber products on the Export Control List (ECL) to monitor exports of these products to the United States through the issuance of permits. The 2006 SLA included a “standstill provision” that prevented the United States from initiating new trade actions against Canadian softwood lumber exports for a 12-month period following the expiry of the agreement. The standstill period ended on October 12, 2016. In November 2016, the United States softwood lumber industry requested the initiation of anti-dumping and countervailing duty investigations, which led to the imposition of duties on Canadian softwood lumber products from early 2017 to present. Canada is actively challenging these duties under the dispute resolution provisions of the World Trade Organization, the North American Free Trade Agreement, and the Canada-United States-Mexico Agreement.
- Given the expiry of the 2006 SLA on October 12, 2015, the following orders (hereafter the Allocation Method Orders) — which established, as per the agreement, the method for allocating the quantity of softwood lumber products that may be exported during a month from Ontario, Manitoba and Saskatchewan — no longer have any current application and should be repealed for consistency:
  - Allocation Method Order — Softwood Lumber Products (SOR/2007-166)
  - Allocation Method Order (2008) — Softwood Lumber Products (SOR/2007-305)
  - Allocation Method Order (2009) — Softwood Lumber Products (SOR/2009-10)
  - Allocation Method Order (2010) — Softwood Lumber Products (SOR/2009-320)
  - Allocation Method Order (2011) — Softwood Lumber Products (SOR/2010-278)
  - Allocation Method Order (2012) — Softwood Lumber Products (SOR/2011-269)
  - Allocation Method Order (2013) — Softwood Lumber Products (SOR/2012-248)
  - Allocation Method Order (2014) — Softwood Lumber Products (SOR/2013-236)
  - Allocation Method Order (2015) — Softwood Lumber Products (SOR/2014-321)
The Export of Consumable Stores Supplied to Vessels and Aircraft Permit (GEP No. EX. 3) came into force before the registration of the current ECL of 1989 and used to set conditions to export consumable stores (fuel oils, lubricants, provisions and supplies, etc.) for vessels and aircraft without requiring an export permit. These items no longer figure on the ECL. GEP No. EX. 3 should, therefore, be repealed to avoid any confusion among stakeholders regarding restrictions on these items.
The General Export Permit No. 38 — CWC Toxic Chemical and Precursor Mixtures (GEP No. 38) allows for the export of certain toxic chemicals and precursors controlled under the ECL without requiring a specific export permit, provided certain conditions are met. Since its registration in 1998, the ECL has been updated to reflect Canada’s commitments with the Australia Group and the Chemical Action Task Force; as a result, these chemicals are no longer controlled when they are exported as part of mixtures in which they are not the principal constituent. For this reason, GEP No. 38 is considered outdated and should be repealed.
The General Import Permit No. 6 — Roses for Personal Use (GIP No. 6) and the General Import Permit No. 193 — Roses (GIP No. 193) were adopted to implement Canada’s obligations under the Canada-Israel Free Trade Agreement (CIFTA) with respect to the establishment of an annual tariff rate quota for duty-free importation of 90 000 dozen roses classified under tariff item No. 0603.10.11. However, a renegotiation of the CIFTA, implemented in 2003, eliminated Canada’s tariff rate quota on roses. All originating roses imported from Israel or another CIFTA beneficiary can now be imported duty-free into Canada. Given that there is no longer a tariff rate quota associated with the import of roses from Israel, these two general import permits are no longer required and should be repealed.
Regulatory changes made in 2019 and 2021 affected some provisions in three general export permits:
- The General Export Permit No. 41 — Dual-use Goods and Technology to Certain Destinations (GEP No. 41), which allows for the export or transfer of certain goods and technology controlled under the ECL without requiring an individual export permit, provided certain conditions are met. In 2021, item 1-8.A.1.d (related to certain unmanned submersible vehicles) of A Guide to Canada’s Export Control List (the Guide), incorporated by reference in the Export Control List, was renumbered 1-8.A.1.c.1. However, the schedule to GEP No. 41 needs to be amended to reflect this change.
- The General Export Permit No. 45 — Cryptography for the Development or Production of a Product (GEP No. 45), which allows for the export or transfer of certain cryptographic goods and technology controlled under the ECL without requiring an individual export permit, provided certain conditions are met. It applies only to goods and technology when they are used in the development or production of cryptographic products and not in the case of end-use products. In 2019, subparagraph 2(a)(iii) of GEP No. 45 was removed, but this change was not reflected in the other subsections of the GEP.
- The General Export Permit No. 46 — Cryptography for Use by Certain Consignees (GEP No. 46), which allows for the export or transfer of certain cryptographic goods and technology controlled under the ECL without requiring an individual export permit, provided certain conditions are met. It applies only in the case of end-use products when they are exported to specific consignees and not in the case of specified technologies used in the development or production of cryptographic products. In 2019, subparagraph 2(a)(iii) of GEP No. 46 was removed, but this change was not reflected in the other subsections of the GEP.

Objective

The objectives of the Order Amending and Repealing Certain Permits and Orders Made Under the Export and Import Permits Act (the Order) are

to repeal 13 obsolete regulations that have no current application; and
to renumber sections and correct references to section numbering.

Description and rationale

Allocation Method Orders

The Order repeals the Allocation Method Orders. Canadian exporters of softwood lumber products to the United States are still required to obtain export permits under the Export and Import Permits Act (EIPA) and must comply with the Export Permits Regulations (Softwood Lumber Products 2015). However, they were no longer subject to export charges or volume restraints following the expiry of the 2006 SLA. The repeal aligns with the lack of application of those instruments. The repeal is not expected to result in any incremental impacts or costs for Canadians or Canadian businesses.

GEPs No. Ex. 3 and No. 38

The Order repeals GEPs No. Ex. 3 and No. 38. As the items referenced in both general export permits have not been subject to export controls for some time, the repeal aligns with the lack of application of these general permits. Therefore, these repeals are not expected to result in any incremental impacts or costs for Canadians or Canadian businesses.

GIP No. 6 and GIP No. 193

The Order repeals GIP No. 6 and GIP No. 193. The repeal is not expected to result in any incremental impacts or costs for Canadians or Canadian businesses, as an import permit is no longer required for the import of roses from Israel.

GEPs No. 41, No. 45 and No. 46

The Order amends the numbering in GEPs No. 41, No. 45 and No. 46 to be coherent with 2019 and 2021 changes. Specifically,

GEP No. 41: in sections 36, 38 and 39 of the Schedule, the reference to item 1-8.A.1.d. of the Guide is corrected to 1-8.A.1.c.1.
GEP No. 45 and GEP No. 46: the reference to subparagraph 2(a)(iii) is removed from paragraphs 2(b), 2(c) and 2(d) of both GEPs.

These amendments are technical in nature and do not change the scope of controls. Therefore, the amendments are not expected to result in any incremental impacts or costs for Canadians or Canadian businesses.

The statutory instruments listed above were identified as part of the Regulatory stock review plan 2024 to 2034 and beyond of Global Affairs Canada, which aims to amend or remove outdated regulations, and therefore reduce the burden on stakeholders.

One-for-one rule and small business lens

The one-for-one rule applies, since 13 regulatory titles are repealed and are counted as titles “out.” Since the 13 regulations are no longer enforced, there is no associated administrative burden on business and element A of the one-for-one rule does not apply.

Analysis under the small business lens determined that the Order will not impact small businesses in Canada, as the 13 regulations to be repealed have no current effect. However, the Order will eliminate potential confusion for Canadian businesses regarding compliance with federal regulations that are no longer in effect. Additionally, the Order will provide clarity among stakeholders by updating references to the ECL.

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