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An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments) (S.C. 2018, c. 26)

Assented to 2018-12-13

An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments)

S.C. 2018, c. 26

Assented to 2018-12-13

An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments)

SUMMARY

This enactment amends the Export and Import Permits Act to

  • (a) define the term “broker” and to establish a framework to control brokering that takes place in Canada and that is undertaken by Canadians outside Canada;

  • (b) require that the Minister take into account certain considerations before issuing an export permit or a brokering permit;

  • (c) authorize the making of regulations that set out additional mandatory considerations that the Minister is required to take into account before issuing an export permit or a brokering permit;

  • (d) set May 31 as the date by which the Minister must table in both Houses of Parliament a report of the operations under the Act in the preceding year and a report on military exports in the preceding year;

  • (e) increase the maximum fine for a summary conviction offence to $250,000;

  • (f) replace the requirement that only countries with which Canada has an intergovernmental arrangement may be added to the Automatic Firearms Country Control List by a requirement that a country may be added to the list only on the recommendation of the Minister made after consultation with the Minister of National Defence; and

  • (g) add a new purpose for which an article may be added to an Export Control List.

The enactment amends the Criminal Code to include, for interception of private communications purposes, the offence of brokering in the definition of “offence” in section 183.

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

R.S., c. E-19Export and Import Permits Act

Amendments to the Act

Marginal note:2004, c. 15, s. 52

 The long title of the Export and Import Permits Act is replaced by the following:

An Act respecting the export, transfer and brokering of goods and technology and the import of goods

 The heading before section 2 of the French version of the Act is replaced by the following:

Définitions et interprétation

Marginal note:2004, c. 15, s. 53(2)

  •  (1) The definition technology in subsection 2(1) of the Act is replaced by the following:

    technology

    technology includes technical data, technical assistance and information necessary for the development, production or use of an article included in an Export Control List or a Brokering Control List; (technologie) 

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    broker

    broker means to arrange or negotiate a transaction that relates to the movement of goods or technology included in a Brokering Control List from a foreign country to another foreign country, including a transaction referred to in subsection (1.1); (courtage)

    Brokering Control List

    Brokering Control List means a list of goods and technology established under section 4.11; (liste des marchandises de courtage contrôlé)

    foreign country

    foreign country means a country other than Canada; (pays étranger)

    organization

    organization has the same meaning as in section 2 of the Criminal Code; (organisation)

  • (3) Section 2 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Transaction — brokering

      (1.1) For the purpose of the definition broker, a transaction that relates to the movement of goods or technology includes a transaction that relates to its acquisition or disposition, and a transaction that relates to the movement of technology also includes a transaction that relates to the disclosure of its contents.

 Subsection 3(1) of the Act is amended by striking out “or” at the end of paragraph (e), by adding “or” at the end of paragraph (f) and by adding the following after paragraph (f):

  • (g) to facilitate the collection of information in respect of the exportation of goods that were, are, or are likely to be, the subject of trade investigations or trade disputes.

Marginal note:1995, c. 39, s. 171

 Section 4.1 of the Act is replaced by the following:

Marginal note:Automatic Firearms Country Control List

4.1 The Governor in Council may, on the recommendation of the Minister made after consultation with the Minister of National Defence, establish a list of countries, to be called an Automatic Firearms Country Control List, to which the Governor in Council considers it appropriate to permit the export of any of the following that is included in an Export Control List, or any component or part of any such thing:

  • (a) a prohibited firearm described in paragraph (c) or (d) of the definition prohibited firearm in subsection 84(1) of the Criminal Code;

  • (b) a prohibited weapon described in paragraph (b) of the definition prohibited weapon in that subsection; or

  • (c) a prohibited device described in paragraph (a) or (d) of the definition prohibited device in that subsection.

Marginal note:Brokering Control List

  • 4.11 (1) The Governor in Council may establish a list of goods and technology, to be called a Brokering Control List, including in it any article that is included in an Export Control List the brokering of which the Governor in Council considers it necessary to control.

  • Marginal note:Conditions

    (2) The description of any article set out in the Brokering Control List may contain conditions that are based on approvals, classifications or determinations made by specified persons or specified government entities, including foreign government entities. For greater certainty, those conditions may differ from any conditions set out in the description of that article in the Export Control List.

Marginal note:1991, c. 28, s. 3

 Section 6 of the Act is replaced by the following:

Marginal note:Amendment of lists

6 The Governor in Council may revoke, amend, vary or re-establish any Area Control List, Automatic Firearms Country Control List, Brokering Control List, Export Control List or Import Control List.

Marginal note:2004, c. 15, s. 56

 Subsection 7(1.01) of the Act is repealed.

 The Act is amended by adding the following after section 7:

Marginal note:Brokering permits

  • 7.1 (1) The Minister may issue to any person or organization, on application by them, a permit to broker in relation to any goods or technology specified in the permit, subject to the terms and conditions specified in the permit or in the regulations.

  • Marginal note:General permit to broker

    (2) Despite subsection (1), the Minister may, by order, issue generally to all persons and organizations a general permit to broker in relation to any goods or technology specified in the permit, subject to any terms and conditions specified in the permit.

Marginal note:Security considerations — export and brokering

7.2 In deciding whether to issue a permit under subsection 7(1) or 7.1(1), the Minister may, in addition to any other matter that the Minister may consider, take into consideration whether the goods or technology specified in the application for the permit may be used for a purpose prejudicial to the safety or interests of the State by being used to do anything referred to in paragraphs 3(1)(a) to (n) of the Security of Information Act.

Marginal note:Mandatory considerations — export and brokering

  • 7.3 (1) In deciding whether to issue a permit under subsection 7(1) or 7.1(1) in respect of arms, ammunition, implements or munitions of war, the Minister shall take into consideration whether the goods or technology specified in the application for the permit

    • (a) would contribute to peace and security or undermine it; and

    • (b) could be used to commit or facilitate

      • (i) a serious violation of international humanitarian law,

      • (ii) a serious violation of international human rights law,

      • (iii) an act constituting an offence under international conventions or protocols relating to terrorism to which Canada is a party,

      • (iv) an act constituting an offence under international conventions or protocols relating to transnational organized crime to which Canada is a party, or

      • (v) serious acts of gender-based violence or serious acts of violence against women and children.

  • Marginal note:Additional mandatory considerations

    (2) In deciding whether to issue a permit under subsection 7(1) or 7.1(1), the Minister shall also take into consideration the considerations specified in regulations made under paragraphs 12(a.2) or (a.3).

Marginal note:Substantial risk

7.4 The Minister shall not issue a permit under subsection 7(1) or 7.1(1) in respect of arms, ammunition, implements or munitions of war if, after considering available mitigating measures, he or she determines that there is a substantial risk that the export or the brokering of the goods or technology specified in the application for the permit would result in any of the negative consequences referred to in subsection 7.3(1).

Marginal note:2006, c. 13, s. 112

 Section 8.5 of the Act is replaced by the following:

Marginal note:Retroactive permits

8.5 An export permit, import permit or brokering permit issued under this Act may, if the permit so provides, be retroactive.

Marginal note:2006, c. 13, s. 114

  •  (1) Subsection 10.2(1) of the Act is replaced by the following:

    Marginal note:Inspection

    • 10.2 (1) An inspector may, at all reasonable times, for any purpose related to the administration or enforcement of this Act, inspect, audit or examine the records of any person or organization that has applied for a permit, an import allocation, an export allocation, a certificate or another authorization under this Act in order to determine whether that or any other person or organization is in compliance with this Act.

  • Marginal note:2006, c. 13, s. 114

    (2) Paragraph 10.2(2)(a) of the Act is replaced by the following:

    • (a) enter any place in which the inspector reasonably believes the person or organization keeps records or carries on any activity to which this Act applies; and

 

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