The Export and Import Permits Act

• Author: Mohan Prabhu
• Pages: 396-411

A | Introduction

396

Chapter 4

The Export and Import Permits Act1

A. INTRODUCTION

Canada’s export and import legislation has trade, political, cultural, and

environmental policy objectives. In addition to the Customs Tarif‌f2 and the

Special Import Measures Act (SIMA),3 which were the subject of Chapters 2

and 3, respectively, there are primarily four other statutes that cover these

objectives, namely, the Export and Import Permits Act (EIPA) (covered in this

chapter), the Export Act,4 the Cultural Property Export and Import Act,5 and

the Export and Import of Rough Diamonds Act6 (the latter three are covered

in Chapter 5). There are several other statutes that incidentally control ex-

ports and imports, including the Wild Animal and Plant Protection and Regu-

lation of International and Interprovincial Trade Act (WAPPRIITA)7 (covered

in Chapter 5), which gives ef‌fect to the Convention on International Trade in

Endangered Species and Wild Fauna and Flora (CITES),8 and the Health of Ani-

mals Act,9 along with other statutes (in Chapter 6), that contain provisions

on the control of imports and exports that form part of an overall scheme.

1 RSC 1985, c E-19.

2 SC 1997, c 36.

3 RSC 1985, c S-15.

4 RSC 1985, c E-18.

5 RSC 1985, c C-51.

6 SC 2002, c 25.

7 SC 1992, c 52.

8 Signed at Washington, DC, on 3 March 1973, amended at Bonn, Germany, on 22 June 1979 and

at Gaborone, Botswana, on 30 April 1983.

9 SC 1990, c 21.

Chapter 4: The Export and Import Permits Act

B | Objectives of the Act

397

The Export and Import Permits Act not only furthers trade policy, but is

strategically more important. With respect to the international trade ob-

jective, it provides the nexus between the Customs Tarif‌f, the Special Import

Measures Act, and the Canadian International Trade Tribunal Act (CITT Act),10

implementing tarif‌f rate quota decisions of the Tribunal on safeguard meas-

ures through an import permit system, and the export charges and quota

system on softwood lumber products agreed to with the United States, which

terminated a long-running dispute and is enshrined in the Softwood Lumber

Agreement of 2006.11

The EIPA comes under the mandate of the Minister for External Af‌fairs,

but within that department, a junior Minister—the Minister of International

Trade—has responsibility for Canada’s international trade obligations under

the Special Import Measures Act, the subject of Chapter 3, and gives policy

direction in most areas involving market access and trade policy.

B. OBJECTIVES OF THE ACT

The EIPA was f‌irst enacted in 1947 with the following among its major ob-

jectives:

1) to regulate trade in military and strategic dual-use goods, and prevent

the proliferation of weapons of mass destruction, under Canada’s obli-

gations under multilateral agreements;

2) to prevent the supply of military goods to countries that threaten Can-

ada’s security, are under UN sanctions, are threatened by internal or ex-

ternal conf‌licts, and that threaten or abuse the human rights of their

citizens;

3) to protect vulnerable Canadian industries, such as clothing manufacturing;

4) to obtain negotiated benef‌its from international agreements;

5) to implement trade restrictions in support of Canada’s supply manage-

ment programs; and

6) to fulf‌il other international obligations.

The Trade Controls and Technical Barriers Bureau (TCTBB) within the

Department of Foreign Af‌fairs and International Trade (DFAIT) is respon-

sible for administering the EIPA. CBSA ocers are empowered by section 25

of the Act to enforce its provisions.

10 RSC 1985, c 47 (4th Supp).

11 Softwood Lumber Products Export Charge Act, SC 2006, c 13, ratifying the Softwood Lumber

Agreement of 2006 with the United States, Can TS 2006 No 24.