Consulting with Canadians on the proposed addition of North Macedonia and Qatar to the Automatic Firearms Country Control List

from Global Affairs Canada

Background

Pursuant to section 4.1 of the Export and Import Permits Act (EIPA), the Governor in Council has the authority to enact the Automatic Firearms Country Control List (AFCCL). The AFCCL is a positive list of countries to which it has been deemed appropriate to allow the export from Canada of the following items, subject to the issuance of a valid export permit:

• a prohibited firearm described in paragraph (c) or (d) of the definition of "prohibited firearm" in subsection 84(1) of the Criminal Code
• a prohibited weapon as described in paragraph (b) of the definition "prohibited weapon" in that subsection
• a prohibited device described in paragraph (a) or (d) of the definition "prohibited device" in that subsection

Further to paragraph 7.2(b) and subsection 15(2) of the EIPA, certain prohibited firearms, weapons and devices, that are included on the Export Control List, may only be exported to countries listed on the AFCCL and only to the governments of those countries or to end-users authorized by those governments.

The fact that a country is listed in the AFCCL does not mean a permit application will be automatically approved. Since September 2019, any permit application to export AFCCL-controlled items to eligible destinations is assessed on a case-by-case basis against criteria laid out both in policy and legislation (including the Arms Trade Treaty assessment criteria and the substantial risk test). The Minister of Foreign Affairs shall not issue a permit where there is a substantial risk that AFCCL-controlled items could be used to commit or to facilitate serious violations of international humanitarian law, serious violations of international human rights law, or serious acts of gender-based violence or violence against vulnerable groups, amongst other criteria.

What will be the focus of consultations?

The Government of Canada invites stakeholders and the general public to provide their views regarding a proposed regulatory amendment that would add North Macedonia and Qatar to the AFCCL. This proposal, if approved by the Governor in Council, would enable the Minister of Foreign Affairs to consider permit applications for exports of prohibited firearms, weapons and devices to North Macedonia and Qatar. As per Canada's established practice, such permit applications would be assessed on a case-by-case basis under Canada's robust risk assessment framework, including the Arms Trade Treaty criteria that are enshrined in Canada's EIPA.

How do I participate?

The Government of Canada is seeking stakeholder views on the proposed addition of North Macedonia and Qatar to the AFCCL. The public comment period is open for 30 days and so you have until March 31, 2022 to submit your views.

Please send us your comments via email to judy.korecky@international.gc.ca (copying the Export Controls Policy Division: expctrlpol@international.gc.ca) with the subject line "AFCCL Consultation 2022".

Please read the privacy notice statement carefully prior to sending a written submission.