Bill C-57

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Royal Assent

PDF

	(a) an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods, and
	(b) there is evidence that the domestic producers are adjusting, as determined in accordance with any regulations made pursuant to paragraph 40(b) of the Canadian International Trade Tribunal Act,
	the Governor in Council may, on the recommendation of the Minister, make an extension order including any of the goods on the Import Control List.
Period and revocation of extension orders	(3.3) Every extension order made pursuant to subsection (3.2) shall, subject to this section, remain in effect for such period as is specified in the order, but the total of the specified period and the periods during which the goods were previously subject to any related orders made pursuant to subsection (3), (3.2) or (4.01) of this Act or subsection 59.1(1), (8) or (11) of the Customs Tariff shall not exceed eight years.
Exception for goods imported from a NAFTA country	(4) Notwithstanding subsections (3) and (3.2), no order made under those subsections may apply to goods imported from a NAFTA country unless it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry under section 20, 26 or 30.07 of the Canadian International Trade Tribunal Act, that
	(a) the quantity of those goods represents a substantial share of the quantity of goods of the same kind imported into Canada from all countries; and
	(b) the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported into Canada from each other NAFTA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
New order with respect to goods imported from a NAFTA country	(4.01) Where an order has been made under subsection (3) or (3.2) that does not, by virtue of subsection (4), apply to goods imported from a NAFTA country and it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry under section 30.01 of the Canadian International Trade Tribunal Act, that
	(a) there has been a surge of like goods imported from the NAFTA country on or after the coming into force of the order, and
	(b) as a result of the surge, the effectiveness of the order is being undermined,
	any goods of the same kind imported into Canada from the NAFTA country may, by order of the Governor in Council, be included on the Import Control List for the purpose of limiting the importation of those goods into Canada to prevent the undermining of the effectiveness of the order made under subsection (3) or (3.2).
Order to specify whether it applies to goods imported from a NAFTA country	(4.02) Any order made under subsection (3) or (3.2) shall state whether it applies to goods imported from a NAFTA country.
Addition to Import Control List	(4.03) Where at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the importation into Canada of any goods from a NAFTA country
	(a) to which goods an order made under subsection (3) or (3.2) does not apply by virtue of subsection (4), or
	(b) to which goods an order made under subsection 59.1(1) or (8) of the Customs Tariff does not apply by virtue of subsection 59.1(3) or (8.3) of that Act,
	the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information.
Revocation or amendment of inclusion order	(4.04) Where at any time it appears to the satisfaction of the Governor in Council that an order including any goods on the Import Control List pursuant to subsection (3), (3.2) or (4.01) should be revoked or amended, the Governor in Council may, on the recommendation of the Minister, by order, revoke the order or amend it.
1993, c. 34, s. 67, c. 44, s. 147(2)	(5) Subsections 5(5) and (6) of the Act are replaced by the following:
Addition to Import Control List	(5) Where at any time it appears to the satisfaction of the Governor in Council on a report of the Minister made as described in subsection (3) that goods of any kind are being imported or are likely to be imported into Canada at such prices, in such quantities and under such conditions as to make it advisable to collect information with respect to the importation of those goods in order to ascertain whether the importation is causing or threatening injury to domestic producers of like or directly competitive goods, any goods of the same kind may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information.
Idem	(6) Where, for the purpose of facilitating the implementation of action taken under sections 42 to 44, paragraph 59(2)(d), section 59.1, paragraph 60(1)(e) or subsection 62(1) or 68(1) of the Customs Tariff, the Governor in Council considers it necessary to control the importation of any goods or collect information with respect to their importation, the Governor in Council may, by order, include those goods on the Import Control List for that purpose.
	(6) Paragraph 5(7)(a) of the Act is replaced by the following:
	(a) on the expiration of the period of four years after the day on which they are included on the List by the order; or

1993, c. 44, s. 147(3)	(7) Subparagraph 5(7.1)(b)(ii) of the Act is replaced by the following:
	(ii) in the case of an order under subsection (4.03) in respect of goods referred to in paragraph (4.03)(b), the order under subsection 59.1(1) or (8) of the Customs Tariff that applies to goods of the same kind imported from any other country ceases to have effect.
	104. The Act is amended by adding the following after section 5.2:
Addition to Import Control List to implement Agreement on Agriculture	5.3 Where at any time it appears to the satisfaction of the Governor in Council that, for the purpose of implementing the Agreement on Agriculture in Annex 1A of the World Trade Organization Agreement, it is advisable to control the importation of goods or collect information with respect to the importation of goods, the Governor in Council may, by order, include the goods on the Import Control List.
1993, c. 44, s. 149	105. Subsection 6.1(2) of the French version of the Act is replaced by the following:
Mesures ministérielles	(2) Lorsqu'il est convaincu que des marchandises non originaires énumérées à l'appendice 1.1 de l'annexe 300-B du chapitre 3 de l'ALÉNA sont importées d'un pays ALÉNA en quantité tellement accrue, en termes absolus ou par rapport au marché intérieur et dans des conditions telles qu'elles causent ou menacent de causer un préjudice grave aux producteurs nationaux de marchandises similaires ou directement concurrentes, le ministre peut prendre les mesures prévues à l'article 5 du chapitre 3 de l'annexe 300-B relativement à ces marchandises.
	106. The Act is amended by adding the following after section 6.1:
	IMPORT ACCESS
Determination of quantities	6.2 (1) Where any goods have been included on the Import Control List for the purpose of implementing an intergovernmental arrangement or commitment, the Minister may determine import access quantities, or the basis for calculating them, for the purposes of subsection (2) and section 8.3 of this Act and for the purposes of the Customs Tariff.
Allocation method	(2) Where the Minister has determined a quantity of goods under subsection (1), the Minister may
	(a) by order, establish a method for allocating the quantity to residents of Canada who apply for an allocation; and
	(b) issue an allocation to any resident of Canada who applies for the allocation, subject to the regulations and any terms and conditions the Minister may specify in the allocation.
Transfer of allocation	(3) The Minister may consent to the transfer of an import allocation from one resident of Canada to another.
	107. Section 7 of the Act is amended by adding the following after subsection (1):
General permits	(1.1) Notwithstanding subsection (1), the Minister may, by order, issue generally to all residents of Canada a general permit to export to any country specified in the permit any goods included on the Export Control List that are specified in the permit, subject to such terms and conditions as are described in the permit.
	108. (1) Section 8 of the Act is amended by adding the following after subsection (1):
General permits	(1.1) Notwithstanding subsection (1), the Minister may, by order, issue generally to all residents of Canada a general permit to import any goods included on the Import Control List that are specified in the permit, subject to such terms and conditions as are described in the permit.
1993, c. 44, s. 150	(2) Subsections 8(2) and (2.1) of the Act are replaced by the following:
Idem	(2) Notwithstanding subsection (1) and any regulation made pursuant to section 12 that is not compatible with the purpose of this subsection, where goods are included on the Import Control List solely for the purpose of collecting information pursuant to subsection 5(4.03), (4.4), (5) or (6), the Minister shall issue to any resident of Canada applying therefor a permit to import those goods, subject only to compliance with and the application of such regulations made pursuant to section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.
Idem	(2.1) Where, by virtue of subsection 5(4), an order has been made pursuant to subsection 5(3) or (3.2) that applies to goods imported from a NAFTA country, or an order has been made pursuant to subsection 5(4.01), the Minister shall, in determining whether to issue a permit under this section in respect of goods imported from a NAFTA country, be guided by subparagraph 5(b) of Article 802 of NAFTA.
	109. The Act is amended by adding the following after section 8.2:
Import permits - allocation	8.3 (1) Notwithstanding subsection 8(1), where goods have been included on the Import Control List for the purpose of implementing an intergovernmental arrangement or commitment and the Minister has determined an import access quantity for the goods pursuant to subsection 6.2(1), the Minister shall issue a permit to import those goods to any resident of Canada who has an import allocation for the goods and applies for the permit, subject only to compliance with and the application of such regulations made pursuant to section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.
Import permits - no allocation	(2) Notwithstanding subsection 8(1), where goods have been included on the Import Control List for the purpose of implementing an intergovernmental arrangement or commitment and the Minister has determined an import access quantity for the goods pursuant to subsection 6.2(1), but has not issued import allocations for the goods, the Minister shall
	(a) if in the opinion of the Minister the import access quantity has not been exceeded, issue a permit to import those goods to any resident of Canada who applies for the permit, or
	(b) issue generally to all residents of Canada a general permit to import those goods,
	subject only to compliance with and the application of such regulations made pursuant to section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.
Supplemental import permits	(3) Notwithstanding subsection 8(1) and subsections (1) and (2) of this section, where goods have been included on the Import Control List and the Minister has determined an import access quantity for the goods pursuant to subsection 6.2(1), the Minister may issue
	(a) a permit to import those goods in a supplemental quantity to any resident of Canada who applies for the permit, or
	(b) generally to all residents of Canada a general permit to import those goods in a supplemental quantity,
	subject to such terms and conditions as are described in the permit or in the regulations.
	110. The Act is amended by adding the following after section 9.1:
Minister may issue certificate	9.2 For the purpose of implementing an intergovernmental arrangement with any country or customs territory respecting the administration of any limitation imposed on the quantity of goods that may be imported into that country or customs territory in any period, the Minister may issue to any resident of Canada who applies, a certificate with respect to an exportation of the goods to the country or customs territory stating the specific quantity of the goods in the shipment in respect of which the certificate is issued that, on importation into the country or customs territory, is eligible for the benefit provided for goods imported within that limitation.
	111. Subsection 10(1) of the Act is replaced by the following:
Alteration of permits, etc.	10. (1) Subject to subsection (3), the Minister may amend, suspend, cancel or reinstate any permit, import allocation, certificate or other authorization issued or granted under this Act.
	112. (1) Paragraphs 12(a) and (b) of the Act are replaced by the following:
	(a) prescribing the information and undertakings to be furnished by applicants for permits, import allocations, certificates or other authorizations under this Act, the procedure to be followed in applying for and issuing or granting permits, import allocations, certificates or other authorizations, the duration thereof, and the terms and conditions, including those with reference to shipping or other documents, on which permits, import allocations, certificates or other authorizations may be issued or granted under this Act;
	(a.1) respecting the considerations that the Minister must take into account when deciding whether to issue an import allocation or consent to its transfer;
	(b) respecting information to be supplied by persons to whom permits, import allocations, certificates or other authorizations have been issued or granted under this Act and any other matter associated with their use;
	(2) Section 12 of the Act is amended by adding the following after paragraph (c.01):
	(c.02) respecting the considerations that the Minister must take into account when deciding whether to issue a certificate under section 9.2;
	113. The Act is amended by adding the following after section 16:
Transfers or unauthorized use of import allocations	16.1 No person who has been issued an import allocation shall, without the consent of the Minister, transfer it or allow it to be used by another person.
	114. Section 17 of the Act is replaced by the following:
False or misleading information, and misrepresentat ion	17. No person shall wilfully furnish any false or misleading information or knowingly make any misrepresentation in any application for a permit, import allocation, certificate or other authorization under this Act or for the purpose of procuring its issue or grant or in connection with any subsequent use of the permit, import allocation, certificate or other authorization or the exportation, importation or disposition of goods to which it relates.

Bill C-57

IMPORT ACCESS