Other Statutes Relating to Import and Export

AuthorMohan Prabhu
A | The Export Act
Chapter 5
Other Statutes Relating to
Import and Export
This chapter deals with four principal statutes that contain provisions exclu-
sively on exports from Canada, under the Export Act, and on both imports
into and exports from Canada, under the Wild Animals and Plant Protection
Regulation of International and Interprovincial Trade Act, the Cultural Property
Export and Import Act, and the Export and Import of Rough Diamonds Act.
Statutes that have import and export control provisions but whose primary
concern is to regulate other aspects of the commodities are the subject of
the f‌inal chapter. Those statutes include the Canada Consumer Product Safe-
ty Act, the Controlled Drugs and Substances Act, the Canadian Environmental
Protection Act, the Health of Animals Act, the Plant Protection Act, the Precious
Metals Marking Act, and the Textile Labelling Act.
1) Introduction
The Export Act was f‌irst enacted in 1896–97,2 and the duties on certain logs
and pulpwood and on certain ores, enumerated below, have been main-
tained throughout its revisions to the present time.
The main purpose of the Export Act is to impose export duties on timber
logs and lumber, nickel, copper, lead, silver, and other ores, making Can-
1 RSC 1985, c E-18.
2 An Act Respecting Export Duties, SC 1896–97, c 17.
Chapter 5: Other Statutes Relating to Import and Export
A | The Export Act
adian exports of those commodities more expensive. By a proclamation of
the Governor in Council, the following duties are imposed:
Under section 2—On pine, Douglas f‌ir, spruce, f‌ir balsam, cedar and
hemlock logs, and pulpwood exported from Canada to any country
that imposes a duty on any of the timber or lumber or wood products
listed in the Schedule to the Act, the maximum rate of duty must not
exceed three dollars per thousand feet, board measure, but if the logs
or pulpwood are shorter than nine feet in length, the export duty is
chargeable at a rate per cord that is not greater than the equivalent of
three dollars per thousand feet, board measure.
Under section 3—On nickel ore at a rate not exceeding ten cents per
pound; on copper ore at a rate not exceeding two cents per pound;
on any ores that contain copper or any metal other than nickel or
lead, at a rate not exceeding f‌ifteen percent of the value of the ores;
and on lead ores, lead, and silver ores, if the country of import im-
poses a duty on Canadian imports in excess of the import duty on
goods from other countries, the rate of export duty is equivalent to
the excess.
The export duties are chargeable after the publication of the proclam-
ation by which they are imposed, presumably in the Canada Gazette. They
may be removed and reimposed by another proclamation.
2) Prohibition of Export
In addition to the power to impose duties under sections 2 and 3, section 5
authorizes the Governor in Council to prohibit, by regulation, the export of
petroleum in crude or partly manufactured state, and of pulpwood of the
variety, kind, place of origin, or having the particulars of identif‌ication or
ownership or production described in the regulation. The said regulation
must be tabled in Parliament and ceases to be in force at the end of the
Parliamentary session unless it is approved by a resolution of both Houses
of Parliament.
3) Export of Intoxicating Liquor
Where a country prohibits the importation of intoxicating liquor by law, the
export of such liquor to that country is made unlawful by section 6. Intoxi-
cating liquor includes any spirituous or malt liquor, wine, and any and every

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