Forward Regulatory Plan for Non-Strategic Goods (Agricultural Products, Clothing and Textiles, Steel)

Amendments to the Import Control List and the Export Control List to implement certain portions of the Canada-European Union Comprehensive Economic and Trade Agreement (working title of regulatory initiative)

Description of the objective

Objective: Canada is considering consequential amendments to the Import Control List and Export Control List to implement obligations under the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA).

Description of the Regulation: With the conclusion of the CETA, regulatory amendments are needed to the Import Control List and the Export Control List prior to the agreement coming into force in order to implement and administer certain provisions of the CETA.

Enabling Act: Export and Import Permits Act

Indication of business impacts

Eligible businesses will be able to benefit from the import and export market access commitments undertaken in CETA.

Public consultation opportunities

Consultations were undertaken as part of the broader public consultation around the negotiation of the Agreement. Sector-specific consultations on the administration of export origin quotas, necessitating amendments to the Export Control List were conducted between June 21, 2016 and August 31, 2016. There will be no further consultation opportunities for this initiative.

Departmental contact

Non-Strategic Goods – General Enquiries
Telephone: 343-203-6820
Facsimile: 613-996-0612 / 613-995-5137
tic@international.gc.ca

Issuance of Export Permit Regulations (Non-Strategic Goods)

Description of the objective

Objective: Canada will be implementing a system of export permits and export allocations for certain goods that will qualify for preferential tariff treatment through “Origin Quotas” as established under the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union. The proposed order will ensure that goods exported under this system of export permits and export allocations are subject to their own specific set of export permit regulations.

Description of the Regulation: The Order will create a regulation to allow the Minister to issue export permits for the purposes of administering access to the CETA Origin Quotas and continue issuing export permits for other non-strategic goods (peanut butter, sugar containing products and sugars, syrups and molasses). These regulations will also define the types of information that the Minister may request and considerations that the Minister may take into account when deciding whether to issue a permit.

Enabling Act: Export and Import Permits Act

Indication of business impacts

Eligible businesses will benefit from increased market access benefits and orderly export marketing.

Public consultation opportunities

Consultations were undertaken as part of the broader public consultation around the negotiation of the Agreement.  Broad-based public and sector-specific consultations on the administration of export origin quotas were conducted between June 21, 2016 and August 31, 2016. There will be no further consultation opportunities for this initiative.

Departmental contact

Non-Strategic Goods – General Enquiries
Telephone: 343-203-6820
Facsimile: 613-996-0612 / 613-995-5137
tic@international.gc.ca

Issuance of Export Allocation Regulations

Description of the objective

Objective: Canada will be implementing a system of export permits and export allocations for certain goods that will qualify for preferential tariff treatment through “Origin Quotas” as established under the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union.  The proposed order to promulgate Export Allocation Regulations is meant to create the formal authority that will provide for the allocation of export quotas.

Description of the Regulation: The Order will create a regulation to allow the Minister to issue allocations for the purposes of administering access to the CETA Origin Quotas, along with other existing non-strategic goods (peanut butter, sugar containing products and sugars, syrups and molasses). These regulations will also define the types of information that the Minister may request and considerations that the Minister may take into account when deciding whether to issue an allocation.

Enabling Act: Export and Import Permits Act

Indication of business impacts

Eligible businesses will benefit from orderly export marketing.

Public consultation opportunities

Consultations were undertaken as part of the broader public consultation around the negotiation of the Agreement.  Broad-based public and sector-specific consultations on the administration of export origin quotas were conducted between June 21, 2016 and August 31, 2016. There will be no further consultation opportunities for this initiative.

Departmental contact

Non-Strategic Goods – General Enquiries
Telephone: 343-203-6820
Facsimile: 613-996-0612 / 613-995-5137
tic@international.gc.ca

Order Amending Export Permit Regulations (SOR/97-204)

Description of the objective

Objective: As part of implementing the Comprehensive Economic and Trade Agreement (CETA), Canada will clarify the existing Export Permit Regulations (SOR/97-204)  to make them applicable solely to strategic and military goods and technology, certain forest products, and goods destined to countries listed on the Area Control List.  The proposed order will ensure that goods exported under this system of export permits and export allocations are subject to a single set of export permit regulations.

Description of the Regulation: The proposed order to amend the current Export Permit Regulations (SOR/97-204) will exclude those goods that will be subject to new Export Permit Regulations for CETA Origin Quotas, along with other exports of  non-strategic goods.

Enabling Act: Export and Import Permits Act

Indication of business impacts

Exporters will benefit from a clear distinction between the export permit requirements associated with non-strategic goods, and the requirements for exports of strategic and military goods and technology, certain forest products and goods destined to countries listed on the Area Control List.

Public consultation opportunities

Consultations were undertaken as part of the broader public consultation around the negotiation of the Comprehensive Economic and Trade Agreement (CETA). Broad-based public and sector-specific consultations on the administration of export origin quotas, were conducted between June 21, 2016 and August 31, 2016. There will be no further consultation opportunities for this initiative.

Departmental contact

Non-Strategic Goods – General Enquiries
Telephone: 343-203-6820
Facsimile: 613-996-0612 / 613-995-5137
tic@international.gc.ca

Amendments to the Import Control List (Schedule to the Customs Tariff Update)

Description of the objective

Objective: The proposed order would update the Import Control List to reflect the most recently agreed upon Harmonized System codes and descriptions used by Canada and other contracting parties of the World Customs Organization.

Description of Regulation: These amendments are technical in nature, implementing changes to five  Harmonized System codes or product descriptions  on the Import Control List consequential to the Order Amending the Schedule to the Customs Tariff (Harmonized System Conversion, 2017) [SOR/2016-253].

Enabling Act: Export and Import Permits Act

Indication of business impacts

There are no expected business impacts.

Public consultation opportunities

This is purely an administrative amendment to reflect recent changes to Canada’s schedule to the Customs Tariff.  Public consultations are not required.

Departmental contact

Non-Strategic Goods – General Enquiries
Telephone: 343-203-6820
Facsimile: 613-996-0612 / 613-995-5137
tic@international.gc.ca

Order Amending the Allocation Method Order (Turkey) – SOR-96-389 (ministerial amendment)

Description of the objective

Objective: Canada is considering harmonizing the turkey tariff rate quota (TRQ) allocation year (January 1 to December 31) with the Federal Quota Allocation Marketing Year/Control Period (May 1 to April 30). The objective of the amendment would be to facilitate domestic production planning, thereby increasing efficiencies in the market to the benefit of all stakeholders.

Description of the Regulation: Turkey and turkey products are controlled under the Export and Import Permits Act and their importation is subject to a tariff rate quota (TRQ). The Allocation Method Order — Turkey and Turkey Products (AMO) is a regulation of the government of Canada that establishes the method for allocating the import access quantity for the turkey TRQ, including the period over which the quota is allocated.

Enabling Act: Export and Import Permits Act

Indication of business impacts

There are no expected business impacts.

Public consultation opportunities

A further round of consultations will be initiated with the Turkey Tariff Quota Advisory Committee (TQAC), which is made up of representatives from all the major industry associations, including turkey processors, further processors, distributors, and importers, as well as Agriculture and Agri-Food Canada, Finance Canada and Global Affairs Canada. The timing and details of those consultations will be announced in 2017. We anticipate that the TQAC consultations will take place in 2017-18.

Departmental contact

Non-Strategic Goods – General Enquiries
Telephone: 343-203-6820
Facsimile: 613-996-0612 / 613-995-5137
tic@international.gc.ca 

Order Designating Inspectors under the Export and Import Permits Act – Regulatory amendment as required (ministerial order)

Description of the objective

Objective: The objective of this amendment is to ensure that the list of inspectors designated under the Export and Import Permits Act (EIPA) is kept up to date.

Description of the Regulation: The EIPA requires applicants to keep records and authorize the Minister of Foreign Affairs to designate persons who may inspect the records. The inspector powers under the EIPA provide the legislative authority for inspectors, with specific exceptions, to inspect any place where the applicant keeps records and to require copies of records. The purpose of this amendment is to ensure that the list of inspectors designated under the Act is up to date.

Enabling Act: Export and Import Permits Act

Indication of business impacts

There are no expected business impacts.

Public consultation opportunities

The individuals proposed for designation as inspectors are hired in accordance with the rules of the Public Service Employment Act and its Regulations. No public consultations are required.

Departmental contact

Non-Strategic Goods – General Enquiries
Telephone: 343-203-6820
Facsimile: 613-996-0612 / 613-995-5137
tic@international.gc.ca 

Order Amending the Import Control List (C.R.C, c. 604) to update the Description of Item 118 (skim milk powder)

Description of the objective

Objective: The objective of this amendment would be to align the description of item 118 of the Import Control List with the definition of the corresponding goods in the Customs Tariff.

Description of the Regulation: The Export and Import Permits Act grants the Governor in Council the authority to establish a list of goods, called an Import Control List (ICL), including therein any article the import of which the Governor in Council deems it necessary to control for different purposes, notably to implement an action taken under the Agricultural Marketing Programs Act or the Canadian Dairy Commission Act, or to implement an intergovernmental arrangement or commitment.

Milk and cream, concentrated or containing added sugar or other sweetening matter, in powder, granules or other solid forms, of a fat content, by weight, not exceeding 1.5 per cent, classified under tariff item No. 0402.10.10 or 0402.10.20 in the List of Tariff Provisions set out in the schedule to the Customs Tariff, are included on the ICL (item 118) in support of Canada’s supply management system.

Enabling Act: Export and Import Permits Act

Indication of business impacts

There are no expected business impacts.

Public consultation opportunities

No public consultations are required.

Departmental contact

Non-Strategic Goods – General Enquiries
Telephone: 343-203-6820
Facsimile: 613-996-0612 / 613-995-5137
tic@international.gc.ca 

Order Amending the Import Control List pursuant to subsection 5.1(1) and section 6 of the Export and Import Permits Act

Description of the objective

Objective: Canada maintains a steel monitoring program to provide interested parties with a source of timely and accurate statistics concerning Canada’s steel imports. In particular, data and related reports concerning the type, quantity, price, and origin of steel imports are of ongoing interest to the Canadian steel industry. The program automatically expires every three years. Should it be deemed warranted by the circumstances of the steel industry and supported by industry stakeholders, the Minister may recommend to the Governor in Council that an Order be made in 2017 to renew the placement of steel products on the Import Control List (ICL), as required by the Export and Import Permits Act (EIPA), for the purposes of the Steel Import Monitoring Program, effective October 30, 2017.

Description of the Regulation: Carbon and specialty steel products were placed on the ICL pursuant to subsection 5.1(1) and section 6 of the EIPA. Pursuant to subsection 5.1(2) of the EIPA, where any type of steel or any product has been included on the ICL by order of the Governor in Council under subsection 5.1(1), that type of steel or that product is deemed to have been removed from the ICL on the expiration of the period of three years from the day on which it was included on that List or on a day prior to the expiration of that period as may be specified in the Order. The Steel Import Monitoring Program has been renewed consistently since 1986, and the current regulatory authority will expire on October 30, 2017.

Enabling Act: Export and Import Permits Act

Indication of business impacts

There are no expected business impacts. This program has been streamlined in recent years to eliminate any burden on industry. First, the fees for permits were removed and, in April, 2012, the requirement to apply for individual, shipment-specific permits was removed. The current requirement is that importers cite a General Import Permit number on their Canada Border Services Agency documentation. The permit number is readily available on the Global Affairs and CBSA websites, as well as in the official ICL. Phone and email contact information is also available on the website to handle enquiries.

Public consultation opportunities

Consultations will be completed with stakeholders via email in the late spring and through attendance at meetings of the Canadian Steel Producers Association Trade Committee.

Departmental contact

Export Import Controls System (EICS)
Telephone: 1-877-808-8838 or 613-944-1265
eics.scei@international.gc.ca

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

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