This enactment amends the Export and Import Permits Act to more fully align it with the Arms Trade Treaty and to remove exemptions for specific countries by, among other things,

(a) clarifying that parts, components and technology necessary for the assembly or use of arms, ammunition, implements or munitions of war are included in the meaning of those terms;

(b) preventing exemptions from the Export Control List for arms, ammunition, implements or munitions of war based on their country of destination;

(c) preventing the issuance of general export permits for arms, ammunition, implements or munitions of war;

(d) preventing the issuance of general brokering permits for arms, ammunition, implements or munitions of war;

(e) enhancing the considerations that the Minister must take into account in issuing a permit to export or broker arms, ammunition, implements or munitions of war;

(f) providing that the Minister must require end-use certificates from the government of a country to which arms, ammunition, implements or munitions of war are being exported if doing so would sufficiently mitigate a substantial risk of war crimes or violations of international humanitarian law or international human rights law; and

(g) requiring the Minister to prepare and table in Parliament an annual report on the export of arms, ammunition, implements or munitions of war and Canada’s compliance with the Arms Trade Treaty.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Arms, ammunition, implements or munitions of war

(1.‍01) For the purposes of this Act, the expression “arms, ammunition, implements or munitions of war” includes any parts, components or technology necessary for the assembly or use, in whole or in part, of arms, ammunition, implements or munitions of war.

• (a) to ensure that arms, ammunition, implements or munitions of war, naval, army or air stores or any articles deemed capable of being converted thereinto or made useful in the production thereof or otherwise having a strategic nature or value will not be made available to any destination where their use might be detrimental to the security of Canada Insertion start or where there is a substantial risk that they would be used to commit or facilitate genocide, crimes against humanity, grave breaches of the Geneva Conventions of 12 August 1949, attacks directed against civilian objects or civilians protected as such or other war crimes as defined by international agreements to which Canada is a party Insertion end ;

No country exemptions — military goods and technology

(3) Despite subsection (2), the Export Control List must not provide for the exemption of arms, ammunition, implements or munitions of war from export control on the basis of their destination.

No general permits for military goods or technology

(1.‍2) The Minister must not issue a general permit under subsection (1.‍1) to export arms, ammunition, implements or munitions of war.

No general permits to broker for military goods or technology

(3) The Minister must not issue a general permit to broker under subsection (2) to export arms, ammunition, implements or munitions of war.

• (b) could be used to commit or facilitate, Insertion start whether in the destination country or the country of end use Insertion end ,

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  (c) would be exported to a country that is a party to the Arms Trade Treaty.

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End-use certificate — mitigation

7.‍31 Before issuing a permit under subsection 7(1) or 7.‍1(1) in respect of arms, ammunition, implements or munitions of war, the Minister shall require that the applicant provide a certificate concerning the end use of the goods or technology from the government of the country to which the goods or technology are to be exported, if the Minister considers that

• (a) there is a substantial risk that, without the certificate, the export or the brokering of the goods or technology could result in the commission or facilitation of a violation or an act referred to in paragraph 7.‍3(1)‍(b); and

• (b) the certificate would be a sufficient measure to mitigate that risk.

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  (a.‍4) respecting the form and contents of certificates required under section 7.‍31;

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Annual report — operations

27  Insertion start (1) Insertion end  No later than May 31 of each year, the Minister Insertion start must Insertion end prepare and cause to be Insertion start tabled in Insertion end each House of Parliament a report of the operations under this Act for the preceding year.

Annual report — military goods and technology

Insertion start (2) Insertion end Insertion start   Insertion end Insertion start No later than May 31 of each year, the Minister must prepare and cause to be tabled in each House of Parliament Insertion end a report in respect of arms, ammunition, implements and munitions of war that were exported in the preceding year under the authority of and in accordance with an export permit issued under subsection 7(1).

Contents

(3) The report under subsection (2) must include, in respect of the preceding year,

• (a) a list of the export permits issued in respect of arms, ammunition, implements and munitions of war;

• (b) the types and quantities of arms, ammunition, implements and munitions of war that were exported in each month — listed by number of units transferred under each item number and sub-item number in A Guide to Canada’s Export Control List, published by the Department of Foreign Affairs, Trade and Development, as amended from time to time — including their value and the countries to which they were exported;

• (c) a summary of the considerations of the factors under subsection 7.‍3(1) in respect of each export permit issued;

• (d) a summary of each decision not to issue an export permit in accordance with section 7.‍4; and

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• (e) measures taken to ensure Canada’s compliance with the Arms Trade Treaty, including any mitigating measures taken in respect of specific permits issued.