Bill S-36

1st Session, 38th Parliament,

53-54 Elizabeth II, 2004-2005

senate of canada

BILL S-36

An Act to amend the Export and Import of Rough Diamonds Act

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

1. The definition “rough diamond” in section 2 of the Export and Import of Rough Diamonds Act is replaced by the following:

“rough diamond” means a diamond that is unsorted, unworked or simply sawn, cleaved or bruted, and that falls under subheading 7102.10, 7102.21 or 7102.31 in the List of Tariff Provisions set out in the schedule to the Customs Tariff, but does not include diamonds that are of a class prescribed by regulation.

2. Section 5 of the Act is replaced by the following:

5. The Minister may collect, compile and use statistics respecting Canadian Certificates and Kimberley Process Certificates accompanying imports into Canada for analysis, study or exchange with other participants. The Minister may also publish those statistics in any form and manner that the Minister considers appropriate.

3. Section 8 of the Act is renumbered as subsection 8(1) and is amended by adding the following:

(2) Every person who exports rough diamonds must ensure that, on export, the rough diamonds in the container are not parcelled with diamonds excluded from the definition “rough diamond” or with anything else.

4. Section 14 of the Act is renumbered as subsection 14(1) and is amended by adding the following:

(2) Every person who imports rough diamonds must ensure that, on import, the rough diamonds in the container are not parcelled with diamonds excluded from the definition “rough diamond” or with anything else.

5. Subsection 15(1) of the Act is replaced by the following:

15. (1) If imported rough diamonds arrive in Canada accompanied by a Kimberley Process Certificate that meets the requirements of subsection 14(1) but are in a container that has been opened, the Minister may order the person who imported the rough diamonds to return them to the participant who issued the certificate.

6. Paragraph 35(a) of the Act is replaced by the following:

(a) prescribing the classes of diamonds to be excluded from the definition “rough diamond” in section 2;

(a.1) respecting the manner of submitting an application under subsection 9(1) or section 11 and specifying the information that must be included in it and the documents that must accompany it;

7. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.