Committee on Market Access - Notification pursuant to the Decision on Notification Procedures for Quantitative Restrictions (G/L/59/Rev.1) - Canada
NOTIFICATION PURSUANT TO THE DECISION ON
NOTIFICATION PROCEDURES
FOR QUANTITATIVE RESTRICTIONS (G/L/59/Rev.1)
Canada
The following communication, dated 30 September 2022 is being circulated
at the request of the delegation of Canada.
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A. Notifying Member: Canada |
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B. Date of notification: 30 September 2022 |
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C. First time notification: Yes No, last notification was made in (doc. symbol): G/MA/QR/N/CAN/4,
G/MA/QR/N/CAN/4/Add.1 and G/MA/QR/N/CAN/4/Add.2 |
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D. Type of notification: 1. Complete (i.e.
notification of all quantitative restrictions in force) 2. Changes
to a notification previously made in (doc symbol) which are of the following nature: 2.1 Introduction of new restrictions, as listed
in Section 1. 2.2 Elimination of restrictions, as described
in G below. 2.3 Modification of a previously notified
restriction, as described in Section 1. 3. Reverse notification of restrictions
maintained by (Member): |
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E. The
notification provides information for the following biennial period
(e.g. 2012‑2014): 2022–2024 and
relates to restrictions in force as of 30/09/2022 |
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F. This notification contains information* relating
to: Section
1: List of quantitative restrictions that are currently in force. Section
2: Cross-reference to other WTO notifications with information on
quantitative restrictions that are currently in force and additional
information. |
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G. Comments of a general
nature, including a description of the elimination of restrictions notified
under D.2.2 and the date they ceased to be in force.
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Section 1: List of
quantitative restrictions that are currently in force
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QR No. |
General description of the restriction |
Type of restriction |
Tariff line code(s) affected, based on HS(2017) |
Detailed
Product Description |
WTO Justification and Ground for Restriction, e.g. Other International
Commitments |
National legal basis and entry into force |
Administration, modification
of previously notified measures, and other comments |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
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1 |
Prohibition on the importation of white
phosphorus matches |
P |
3605.00.00 ex |
White phosphorus matches |
Article XX (b) of
the GATT measures necessary to protect human, animal or plant life or health |
Customs Tariff
Date of entry into
force: pre-1 January 1998 |
Administered by CBSA Memorandum D9-1-13 https://www.cbsa-asfc.gc.ca/publications/dm-md/d9/d9-1-13-eng.html
Classified under Canada specific code 9897.00.00. |
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2 |
Conditional prohibition on the importation of
used or second-hand motor vehicles |
CP |
7204.49.11 8702 ex 8703 ex 8704 ex 8708.99.99 |
Used
or second-hand motor vehicles |
Article XX (b) of
the GATT measures necessary to protect human, animal or plant life or health |
Customs
Tariff
Motor Vehicle Safety Act (S.C. 1993, c. 16) https://laws-lois.justice.gc.ca/eng/acts/m-10.01/
Date of entry into
force: pre-1 January 1998 |
Administered by CBSA
Memorandum D9-1-11 https://www.cbsa-asfc.gc.ca/publications/dm-md/d9/d9-1-11-eng.html
Other than used or
second-hand motor vehicles imported for use in commercial transportation, by
a settler for personal use, personal or official use of representatives of
foreign countries, forfeited or confiscated for an offense under customs
laws, left by bequest, or imported from the US
Classified under
Canada specific code 9897.00.00 |
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3 |
Conditional prohibition on the importation of
used or second-hand mattresses or materials therefrom |
CP |
9404.21ex 9404.29ex |
Used or second-hand mattresses and materials
therefrom |
Article XX (b) of
the GATT measures necessary to protect human, animal or plant life or health |
Customs Tariff
Date of entry into
force: pre-1 January 1998 |
Administered by CBSA
Memorandum D9-1-7 https://www.cbsa-asfc.gc.ca/publications/dm-md/d9/d9-1-7-eng.html
Second-hand
mattresses can be imported, provided it is by a member of the Canadian Armed Forces,
a Government of Canada employee, a former resident returning to Canada, a
settler for personal use, the property of a deceased resident of Canada, or
consigned by a foreign military.
Materials from used
and second hand mattresses can also be imported once fumigated according to
necessary regulations Classified under
Canada specific code 9897.00.00 |
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4 |
Prohibition on the importation of base or
counterfeit coins |
P |
7118.90.00 |
Base or counterfeit coins |
Article XX(d) of
the GATT measures necessary to secure compliance with laws or regulations
which are not inconsistent with the provisions of GATT |
Customs Tariff
Date of entry into
force: pre-1 January 1998 |
Administered by CBSA Memorandum D9-1-3 http://www.cbsa-asfc.gc.ca/publications/dm-md/d9/d9-1-3-eng.html
Classified under
Canada specific code 9897.00.00 |
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5 |
Prohibition on the importation or exportation of copies
of certain copyrighted works |
P, P-X |
Various |
Copes of a work without the consent of the owner
of the copyright in the country where they were made; or, if they would
infringe copyright had they been made in Canada |
Article XX(d) of
the GATT measures necessary to secure compliance with laws or regulations
which are not inconsistent with the provisions of GATT |
Customs Tariff
Date of entry into
force: pre-1 January 1998 |
Administered by CBSA Memorandum D19-4-3 https://www.cbsa-asfc.gc.ca/publications/dm-md/d19/d19-4-3-eng.html
Classified under Canada specific code 9897.00.00 |
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6 |
Prohibition on the
importation or exportation of certain trademarked works |
P, P-X |
Various |
If the goods or
their labels or packaging bear a trademark – without the consent of the owner
of a registered trademark for such goods - that is identical to, or that
cannot be distinguished in its essential aspects from a registered trademark |
Article XX(d) of
the GATT measures necessary to secure compliance with laws or regulations
which are not inconsistent with the provisions of GATT |
Customs Tariff
Date of entry into
force: pre-1 January 1988 |
Administered by CBSA Memorandum D19-4-3 https://www.cbsa-asfc.gc.ca/publications/dm-md/d19/d19-4-3-eng.html
Classified under Canada specific code 9897.00.00 |
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7 |
Prohibition on the importation or exportation of
certain geographical indications |
P, P-X |
Various |
Wines or spirits and certain agriculture products
and foods shall note be imported or exported if their labels or packaging
bear a protected geographical indication and the product does not originate
in the territory indicated or were not produced or manufactured in accordance
with the law applicable in the territory |
Article XX(d) of
the GATT measures necessary to secure compliance with laws or regulations
which are not inconsistent with the provisions of GATT |
Customs Tariff
Date of entry into
force: pre-1 January 1988 |
Administered by CBSA Memorandum D19-4-3 https://www.cbsa-asfc.gc.ca/publications/dm-md/d19/d19-4-3-eng.html
Classified under Canada specific code 9897.00.00 |
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8 |
Prohibition on the importation of goods produced
using prison labour |
P |
Various |
Goods manufactured or produced wholly or in part
by prison labour |
Article XX (e) of
the GATT measures relating to the products of prison labour |
Customs Tariff
Date of entry into
force: pre-1January 1998 |
Administered by CBSA Memorandum D9-1-6 http://www.cbsa-asfc.gc.ca/publications/dm-md/d9/d9-1-6-eng.html
Classified under Canada specific code
9897.00.00 |
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9 |
Prohibition on the importation of smoke screen
apparatus |
P |
Various, including 9897.00.00 |
Smoke screen apparatus for use on motor vehicles
or on vessels of Chapter 89 |
Article XX (b) of
the GATT measures necessary to protect human, animal or plant life or health |
Customs Tariff
Date of entry into
force: pre-1 January 1998 |
Administered by CBSA https://www.cbsa-asfc.gc.ca/trade-commerce/tariff-tarif/2013/01-99/ch98-2013-eng.pdf
Classified under Canada specific code 9897.00.00 |
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10 |
Conditional prohibition on the importation of
certain used aircraft |
CP |
88.02ex |
Used or second hand aircraft |
Article XX (b) of
the GATT measures necessary to protect human, animal or plant life or health |
Customs Tariff
Date of entry into
force: pre-1 January 1998 |
Administered by CBSA https://www.cbsa-asfc.gc.ca/trade-commerce/tariff-tarif/2013/01-99/ch98-2013-eng.pdf
Other than the importation of used or second-hand aircraft imported
under certain circumstances, including: imported from the US, for military purposes, forfeited or confiscated
for an offense under customs laws, temporarily imported by a person who is
not a resident of Canada for use by that person in Canada, for the use of the
Governor General, property of a foreign country and is to remain property of
a foreign country for the use of nationals of designated countries employed
in defence establishments of those countries in Canada Classified under
Canada specific code 9897.00.00 |
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11 |
Prohibition on the importation of goods
associated with a false description of that good's geographical origin or Trademark |
P |
Various |
Any goods, in association with which there is
used any description that is false in a material respect as to the
geographical origin of the goods, or the importation of which is prohibited
by an order made under the Trade-marks Act |
Article
XX(d) of the GATT measures necessary to secure compliance with
laws or regulations which are not inconsistent with the provisions of GATT
The Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS) Article 22; and Section 4 |
Customs Tariff
Trade-marks Act
s.7(d)(ii) and s.53
Date of entry into
force: pre-1 January 1998 |
Administered by CBSA Memorandum D9-1-9 http://www.cbsa-asfc.gc.ca/publications/dm-md/d9/d9-1-9-eng.html
http://www.cbsa-asfc.gc.ca/publications/dm-md/d9/d9-1-9-eng.html
Classified under Canada specific code 9897.00.00 |
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12 |
Conditional prohibition on the importation and
exportation of firearms, weapons and devices |
CP, CP-X |
Various, including 9898.00.00 |
Firearms, prohibited weapons, restricted weapons,
prohibited devices, prohibited ammunition and components or parts designed exclusively
for use in the manufacture of or assembly into automatic firearms |
Article XX (b) of the GATT measures necessary to protect human, animal or plant life or health
Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons
and on their Destruction
Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on their
Destruction
The
Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use
Goods and Technologies
Trade restrictions as a result of UN Security Council resolutions. |
Customs Tariff
Criminal Code Sec.
91, 104
https://laws-lois.justice.gc.ca/eng/acts/c-46/
Export and Import
Permits Act Sec. 5, 14, 24 and 25
https://laws-lois.justice.gc.ca/eng/acts/e-19/ in force 1985; last amended 2021
Firearms Act Sec.
35, 36 and 97
https://laws-lois.justice.gc.ca/eng/acts/f-11.6/ in force 1995; last amended 2021 |
Administered by CBSA Memorandum D19-13-2 http://cbsa-asfc.gc.ca/publications/dm-md/d19/d19-13-2-eng.pdf
Classified under
Canada specific code 9898.00.00
Exceptions: Plastic knuckles, D-guard knives,
Centrifugal rigid batons, Collapsible batons (telescopic batons, police-style
batons), Slapjack/blackjack/slappers, Aerosol or similar dispensers that
contain substances capable of repelling or subduing animals if: (i) The label
of the container indicates specifically that it is for use against animals
only; and (ii) The provisions of the Pest Control Products Act are met, Air gun or BB/pellet gun
that resembles a real make and model of a firearm if it is an
"unregulated" firearm,
disabled
or deactivated firearm since it is not a replica firearm as it was originally
intended to be a firearm, and not simply to resemble one, finally, with the
exception of replica frames and receivers, most parts intended for replica
firearms will generally, be admissible (further description of exceptions can
be found through link above) |
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13 |
Prohibition on the importation of obscene
materials and hate propaganda (including sedition and treason) |
P |
Various |
Representations that are deemed obscene under
subsection 163(8) of the Criminal Code, that constitute hate or terrorist
propaganda, or are of a treasonable or seditious character. |
Article XX (a) of
the GATT measures necessary to protect public morals
Article XX (b) of
the GATT measures necessary to protect human, animal or plant life or health |
Customs Tariff
Criminal Code Sec. 46, 59-60,
163(8), 163.1, 320(8), 83.222(8) https://laws-lois.justice.gc.ca/eng/acts/c-46/
Date of entry into
force: pre-1 January 1998 |
Administered by CBSA Memorandum D9-1-1 http://www.cbsa-asfc.gc.ca/publications/dm-md/d9/d9-1-1-eng.html
Memorandum D9-1-15 http://www.cbsa-asfc.gc.ca/publications/dm-md/d9/d9-1-15-eng.html
Classified under Canada
specific code 9899.00.00 |
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14 |
Conditional prohibition on the exportation of
rough diamonds |
CP -X |
7102.10 7102.21 7102.31 |
Rough diamonds |
Kimberley Process
Certification Scheme Kimberley Process
Certification Scheme – Extension of waiver grant by WTO on 22 June 2018
(WT/L/1039 and WT/G/C/W/753) until 31 December 2024. |
Export and Import of Rough Diamonds Act
https://laws-lois.justice.gc.ca/eng/acts/E-18.5/ in force 2002;
last amended 2021 |
Administered by Natural Resources Canada
All rough diamonds
exports must be accompanied by a valid Canadian issued Kimberley Process
certificate. |
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15 |
Conditional prohibition on the importation or exportation
of shark fins or parts of shark fins that are not attached to a shark carcass |
CP, CP-X |
0302.92.00
0303.92.00
0305.71.00
1604.18.00 |
Shark fins (fresh)
Shark
fins (frozen)
Shark fins (dried, salted, smoked)
Shark
fins (prepared) |
Article XX (b) of
the GATT measures necessary to protect human, animal or plant life or health |
Fisheries Act, s.
32 https://laws-lois.justice.gc.ca/eng/acts/f-14/page-6.html#docCont in force 1985, last
amended 2019
An Act to Amend the
Fisheries Act and other Acts in Consequence, s. 32 https://www.parl.ca/Content/Bills/421/Government/C-68/C-68_4/C-68_4.PDF Date of entry into
force: 21 June 2019 |
Administered by the Department of Fisheries
and Oceans https://www.dfo-mpo.gc.ca/campaign-campagne/fisheries-act-loi-sur-les-peches/index-eng.html
Import or export
may be authorized under s. 32.1(2) for specified research purposes. |
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16 |
Conditional prohibition
on the importation of species that could be injurious to Canadian
ecosystems |
CP |
0106.19.00
0106.39.00
0106.90.00 |
Specimens of the raccoon dog Specimens of the mongoose family (Herpestidae,
Eupleridae)
Specimens of the Starling family (Sturnidae)
Specimens of the
salamander family (Caudata) |
Article XX (b) of
the GATT measures necessary to protect human, animal or plant life or health |
Customs Tariff
Date of entry into
force: pre-1 January 1998
Wild Animal and
Plant Trade Regulation (WAPTR) 1996 https://laws-lois.justice.gc.ca/eng/regulations/SOR-96-263/ in force 1996; last
amended 2020 |
Administered by
Environment and Climate Change Canada
CBSA Memorandum D19-7-1 http://www.cbsa-asfc.gc.ca/publications/dm-md/d19/d19-7-1-eng.html
Some products
qualify as exceptions only with a permit, whereas others do not require a
permit for exemption. For products which qualify as either of the
abovementioned categories, see first link above. |
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17 |
Conditional prohibition on the importation of
live non-game birds and certain parts of wild birds |
CP |
0106.31 0106.32
0106.33 0106.39 |
Live non-game birds
Certain parts of wild birds |
Article XX (b) of
the GATT measures necessary to protect human, animal or plant life or health;
Convention on
International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Migratory Birds
Regulations (MBR) under the Migratory Birds Convention Act (MBCA) |
Customs Tariff
Date of entry into
force: pre-1 January 1998
Wild Animal and Plant Protection and Regulation
of International and Interprovincial Trade Act (WAPPRIITA) https://lois-laws.justice.gc.ca/eng/acts/W-8.5/index.html in force 1992; last
amended 2017 |
Administered by
Environment and Climate Change Canada Customs Tariff http://www.cbsa-asfc.gc.ca/trade-commerce/tariff-tarif/2016/01-99/ch98-2016-eng.pdf
Other than the
importation of non-games birds under certain circumstances, including live
specimen of the mongoose family imported for breeding, study, or exhibition
purposes is approved zoological institutions, Certain birds of the starling
family, a domestic bird of kind kept for food purposes, a bird intended
solely for exhibition in a public zoological park, a bird intended solely to
be kept in confinement in a cage or to be used for public entertainment
Other than the
importation of certain parts of wild birds under certain circumstances,
including: Feathers or plumes of ostriches, English pheasants, Indian
peacocks, and others; Specimens imported in accordance with regulations for
museum or scientific/educational purposes
Classified under
Canada specific code 9897.00.00 |
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18 |
Conditional prohibition on the importation or
exportation of some endangered, threatened or exploited species |
CP, CP-X |
Various |
Specimens (live, parts or products) of species listed
in the Appendices of the Convention on International Trade in Endangered Species
(CITES) (Appendices I, II and III of CITES) http://www.cites.org/eng/app/appendices.php |
Article XX (g) of the
GATT measures relating to the conservation of exhaustible
natural resources if such measures are made effective in conjunction with
restrictions on domestic production or consumption
Convention on
International Trade in Endangered Species (CITES). |
Wild Animal and
Plant Protection and Regulation of International and Interprovincial Trade
Act (WAPPRIITA) 1992
https://lois-laws.justice.gc.ca/eng/acts/W-8.5/index.html in force 1992; last
amended 2017 |
Administered by
Environment and Climate Change Canada CBSA Memorandum D19-7-1 http://www.cbsa-asfc.gc.ca/publications/dm-md/d19/d19-7-1-eng.html
See link above for specific HS codes relating to exemptions.
See link above for permit requirements and exceptions related to
travellers. |
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19 |
Conditional prohibition on the importation or
exportation of a living cetacean or sperm, an egg or an embryo of a cetacean |
CP, CP-X |
0106.12 |
Specimens (live, cetacean, sperm, egg or embryo) |
Article XX (b) of
the GATT measures necessary to protect human, animal or plant life or health |
Fisheries Act, s.
23.2 https://laws-lois.justice.gc.ca/eng/acts/f-14/page-6.html#docCont in force 1985, last
amended 2019
An Act to Amend the
Fisheries Act and other Acts in Consequence, s. 32 https://www.parl.ca/Content/Bills/421/Government/C-68/C-68_4/C-68_4.PDF Date of entry into
force: 21 June 2019 |
Administered by the Department of
Fisheries and Oceans https://www.dfo-mpo.gc.ca/campaign-campagne/fisheries-act-loi-sur-les-peches/index-eng.html
Authorization only
for scientific research or for the purpose of keeping the cetacean in
captivity if it is in best interest of cetacean's welfare to do so |
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20 |
Non-Automatic Licensing for the exportation of
cultural property more than 50 years old |
NAL-X |
Various |
Permits required for cultural property more than
50 years old, including archaeological objects, ethnographic objects,
military objects, fine and decorative arts, scientific and technological
objects, archival material and musical instruments as described in the
Canadian Cultural Property Export Control List. |
GATT Article XX(f)
measures imposed for the protection of natural treasures of artistic,
historic, or archaeological value
1970 UNESCO
Convention on the Means of Prohibiting and Preventing the Illicit Import,
Export and Transfer of Ownership of Cultural Property _http://portal.unesco.org/en/ev.php-URL_ID=13039&URL_DO=DO_TOPIC&URL_SECTION=201.html |
Cultural Property
Export and Import Act 1977 Canadian Cultural
Property Export Control List https://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._448/index.html in force 2009 |
Administered by the Department of Canadian
Heritage
Permits are required only for objects that
meets the criteria set out in the Canadian Cultural Property Export Control
List. Cultural property that does not meet the Control List criteria does not
need a permit. |
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21 |
Prohibition on the importation of cultural
property illegally exported |
CP |
Various |
All cultural property illegally exported
from a State Party to the 1970 Convention after the coming into force of the
Convention in both Canada and that State |
GATT Article XX(f)
measures imposed for the protection of natural treasures of artistic,
historic, or archaeological value 1970 UNESCO
Convention on the Means of Prohibiting and Preventing the Illicit Import,
Export and Transfer of Ownership of Cultural Property _http://portal.unesco.org/en/ev.php-URL_ID=13039&URL_DO=DO_TOPIC&URL_SECTION=201.html |
Cultural Property
Export and Import Act 1977 https://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._448/index.html in force 1985; last
amended 2021 |
Administered by
the Department of Canadian Heritage https://www.canada.ca/en/canadian-heritage/services/import-cultural-property.html |
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22 |
Conditional prohibition on the importation and
exportation of Ozone-depleting substances and halocarbon alternatives |
CP, CP-X |
2903.14 2903.19ex 2903.39ex 2903.71 2903.72 2903.73 2903.74 2903.75 2903.76 2903.77 2903.79 3808.91ex 3808.92ex 3808.93ex 3808.94ex 3808.99ex 3813.00ex 3814.00ex 3824.71 3824.72 3824.73 3824.74 3824.75 3824.76 3824.77 3824.78 3824.79ex |
Substances listed in
Schedule 1 of the Ozone-depleting
Substances and Halocarbons Alternatives Regulations, and certain products containing or designed
to contain them. |
Article XX (b) of the GATT measures necessary to protect human, animal
or plant life or health
Montreal Protocol on Substances that Deplete the
Ozone Layer https://treaties.un.org/doc/publication/unts/volume%201522/volume-1522-i-26369-english.pdf |
The Ozone-depleting Substances and Halocarbons Alternatives Regulations https://laws-lois.justice.gc.ca/eng/Regulations/SOR-2016-137/index.html came into force on 29 December 2016. Amendments came into force on 16 April 2018
and on 9 October 2018.
Previously regulated under the Ozone-depleting
Substances Regulations, 1998. |
Administered by the Ministry of Environment and Climate Change Canada https://pollution-waste.canada.ca/environmental-protection-registry/regulations/view?Id=129
2017 Amendment: http://www.gazette.gc.ca/rp-pr/p2/2017/2017-10-18/html/sor-dors216-eng.html
2018 Interim order amendment: http://www.gazette.gc.ca/rp-pr/p1/2018/2018-10-27/html/notice-avis-eng.html#ne2
https://www.cbsa-asfc.gc.ca/publications/dm-md/d19/d19-7-2-eng.html?wbdisable=true |
|
23 |
Conditional prohibition on the exportation of
certain industrial chemicals and pesticides
Conditional prohibition on the importation of
certain toxic substances and products containing them
Conditional prohibition on the importation of
unapproved pest control products |
CP-X;
CP;
CP; |
2620.21ex 2710.12ex 2710.19ex 2710.20ex 2710.91 2903.15 2903.31 2903.81 2903.82 2903.83 2903.89ex 2903.92 2903.93 2903.94 2904.31 2904.32 2903.33 2903.34 2904.35 2904.36 2908.11 2908.19ex 2908.91 2908.92 2909.30ex 2909.50ex 2910.10 2910.40 2910.50 2914.71 2915.36 2916.16 2918.18 2918.91 2919.10 2920.11 2920.30 2922.16 2923.30 2923.40 2924.12 2924.25 2925.21 2930.80 2931.10 2931.20 2932.99ex 2933.92 2935.10 2935.20 2935.30 2935.40 2935.50 3808.52 3808.59 3808.91ex 3808.92ex 3808.93ex 3808.94ex 3808.99ex 3809.92ex 3811.11ex 3824.81 3824.82 3824.83 3824.84 3824.85 3824.86 3824.87 3824.88 3825.41ex 3825.49ex 3825.61ex 2825.69ex 3826.00ex Various others |
Substances listed on the Schedule 3 of the Canadian Environmental Protection Act,
1999 (CEPA) (the Export Control
List): https://www.canada.ca/en/environment-climate-change/services/canadian-environmental-protection-act-registry/substances-list/export-control-list.html
Toxic substances listed under the Prohibition of Certain Toxic Substances
Regulations, 2012 (PCTSR)
Pest Control Products as defined by the Pest Control Products Act |
Article XX (b) – of
the GATT measures necessary to protect human, animal or plant life or health
Rotterdam
Convention on the Prior Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade
Stockholm
Convention on Persistent Organic Pollutants |
Canadian Environmental Protection Act, 1999 (CEPA)
Export of
Substances on the Export
Control List Regulations: https://pollution-waste.canada.ca/environmental-protection-registry/regulations/view?Id=115 These Regulations
entered into force on May 2, 2013 and were last amended in December 2018.
Prior to 2013,
other Regulations made under CEPA were in place to control the export of
substances on the Export Control List (ECL)
Prohibition of Certain Toxic Substances
Regulations, 2012 (PCTSR) https://pollution-waste.canada.ca/environmental-protection-registry/regulations/view?Id=114 These Regulations
first came into force in 1996. The current PCTSR
came into force in 2012; and was last amended in 2021
Pest Control Products Act (PCPA) https://laws-lois.justice.gc.ca/eng/acts/p-9.01/ into force 2002;
last amended 2021 |
CEPA, ECL, ESECLR and PCTSR administered Environment and Climate
Change Canada
Some substances listed on Canada's Export Control List are also listed
to the Rotterdam Convention
Some substances listed to the PCTSR are also listed to the Stockholm
Convention on Persistent Organic Pollutants (POPs).
The PCTSR was
previously notified to the following WTO Committees: · Committee on
Technical Barriers to Trade in G/TBT/N/CAN/340 (12 August 2011) · Committee on
Technical Barriers to Trade in G/TBT/N/CAN/340/ADD.1 (22 January 2013) · Committee on
Technical Barriers to Trade in G/TBT/N/CAN/443 (24 April 2015) · Committee on
Technical Barriers to Trade in G/TBT/N/CAN/443/ADD.1 (12 October 2016) · Committee on
Technical Barriers to Trade in G/TBT/N/CAN/502 (16 November 2016), · Committee on
Technical Barriers to Trade in G/TBT/N/CAN/502/ADD.1 (18 December 2017), Pest Control Products Act is administered
by Health Canada's Pest Management Regulatory Agency.
Section 6 of the
Pest Control Products Act (PCPA) prohibits the import or export of pest
control products that are not registered or otherwise authorized under the
Act. Such imports and exports must
also conform to any other conditions established under the PCPA. This restriction
(#23) is a combination of three restrictions previously listed separately
(#14, 24, 30) in G/MA/QR/N/CAN/4. |
|
24 |
Conditional prohibition on the importation and
exportation of hazardous waste and hazardous recyclable material |
CP, CP-X |
Various items in HS Chapters 05, 15, 25, 26, 27,
28, 38, 39, 47, 52, 71, 72, 81, 84, 85, 86, 87, 88, 90, 91, 94, 95, 96
In addition to: 1213.00ex 1404.90ex 1802.00ex 2303.20ex 2303.30 2307.00ex 2308.00ex 3006.92 3104.20ex 3203.00ex 3204.17ex 3604.90ex 4012.20 4017.00ex 4115.20 4401.39ex 4401.40 4501.90ex 5003.00ex 5007.20ex 5103.10ex 5103.20ex 5103.30ex 5701ex 5702ex 5703ex 5704ex 5705ex 6309.00 6310.10 6310.90 6806.90ex 6809.11ex 6809.19ex 6809.90ex 6903.90ex 6909ex 7001.00ex 7404.00 7503.00 7602.00 7802.00 7902.00 8002.00 9207.10ex 9207.90ex 9209.91ex 9209.94ex |
Waste or recyclable material defined as hazardous under the Export and
Import of Hazardous Waste and Hazardous Recyclable Material Regulations or
PCB waste as defined in the PCB Waste Export Regulations, 1996 |
Article XX(b) of
the GATT measures necessary to protect human, animal or plant life or health
The Basel
Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal |
Canadian Environmental Protection Act (CEPA) https://laws-lois.justice.gc.ca/eng/acts/c-15.31/ in force 1999; last
amended 2021
Cross-border Movement of Hazardous Waste and
Hazardous Recyclable Material Regulations https://laws-lois.justice.gc.ca/eng/regulations/SOR-2021-25/index.html in force 31 October
2021 |
Administered by
Environment and Climate Change Canada
See link above for exemptions
under the requirement of the XBR. Furthermore, see link above for permit
requirements. |
|
25 |
Conditional Prohibition on the importation and
exportation of mercury and mercury containing products |
CP CP-X |
280540 285210 285290 8506.30.00.00 8539.10.90.10 8539.10.90.20 8539.31.00.20 8539.31.00.90 8539.32.90.10 8539.32.90.20 8539.32.90.30 8539.39.00.00 8539.41.90.00 8539.49.90.00 8539.90.10.00 8539.90.90.00 8540.60.00.00 8540.91.90.00 8540.99.90.00 9006.61.00.00 9018.20.00 00 9405.60.00.00 |
Elemental mercury and products > 95% mercury by weight; Inorganic and Organic mercury compounds.
The Products Containing Mercury Regulations
prohibit the import and manufacture of all products containing mercury or any
of its compounds into Canada, with some exemptions for essential products
which have no technically or economically viable alternatives. Exempted
products are listed in the Schedule of the Regulations. |
Article XX(b) of
the GATT measures necessary to protect human, animal or plant life or health
Minamata Convention
on Mercury
Rotterdam Convention on the Prior Informed
Consent Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade (mercury compounds in pesticides) |
Canadian Environmental Protection Act (CEPA) https://laws-lois.justice.gc.ca/eng/acts/c-15.31/ in force 1999; last
amended 2021
Products Containing Mercury Regulations
(SOR/2014-254) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2014-254/index.html
Export of Substances on the Export Control List
Regulations: https://pollution-waste.canada.ca/environmental-protection-registry/regulations/view?Id=115 These Regulations
entered into force on 2 May 2013 and were last amended in December 2018. https://laws-lois.justice.gc.ca/eng/regulations/SOR-2014-254/index.html |
Administered by
Environment and Climate Change Canada
Memorandum D19-7-3 https://www.cbsa-asfc.gc.ca/publications/dm-md/d19/d19-7-3-eng.pdf
This memorandum outlines requirements for
the importation, exportation and transit of hazardous waste and hazardous
recyclable material. Importers, exporters, customs brokers, custom service
providers, or authorized carriers are responsible for providing the Canada
Border Services Agency (CBSA) with copies of the movement documents and
permits. These documents are to be provided to the CBSA when the export,
import or transit of the hazardous waste or hazardous recyclable material
shipments are required to be reported under the Customs Act. See link above for
exemptions under the requirement of the XBR. Furthermore, see link above for
permit requirements. |
|
26 |
Non-automatic
licence for the importation and exportation of nuclear goods |
NAL, NAL-X |
Various items in HS Chapters 28, 36, 54, 69, 70, 72, 73, 75, 76, 81, 82, 84
85, 90 |
Goods listed under Regulations to the Nuclear
Safety and Control Act
http://www.nuclearsafety.gc.ca/eng/acts-and-regulations/regulations/index.cfm |
Article XXI (b)(i) of the GATT measures necessary for the protection
of essential security interests relating to fissionable materials or the
materials from which they are derived.
Article XX (b) of the GATT measures necessary to protect human, animal
or plant life or health |
Nuclear Safety and
Control Act https://laws-lois.justice.gc.ca/eng/acts/N-28.3/index.html in force 1997; last
amended 2017 |
Administered by
the Canadian Nuclear Safety Commission http://www.nuclearsafety.gc.ca/eng/nuclear-substances/import-and-export-controls/index.cfm |
|
27 |
Log Export Permitting (LEP) Process |
NAL-X |
Various within 44.03 |
Logs of all species of wood. |
Article XI 2(a) of
the GATT measures relating to temporary export prohibitions to prevent or
relieve critical shortages essential to the exporting country. Article XX(j) of
the GATT measures essential to the acquisition or
distribution of products in general or local short supply |
Export and Import
Permits Act 1947 https://laws-lois.justice.gc.ca/eng/acts/e-19/ in force 1947; last
amended 2021
Export Control List
1989 https://laws-lois.justice.gc.ca/eng/regulations/sor-89-202/ in force 1989; last
amended 2021
Notice to Exporters
No. 102 1998. https://www.international.gc.ca/controls-controles/systems-systemes/excol-ceed/notices-avis/102.aspx?lang=eng in force 1998 |
Administered by
Global Affairs Canada for log exports to all destinations;
more information available at https://www.international.gc.ca/controls-controles/logs-bois/index.aspx?lang=eng |
|
28 |
Conditional prohibition on the importation and
exportation of asbestos and products containing asbestos |
CP; CP-X |
2524.10 2524.90 6811.40 6812.80 6812.91 6812.92 6812.93 6812.99 6813.20.1100 6813.20.1900 6813.20.9000 |
Processed asbestos fibres; products containing asbestos
fibres unless fibres are a result of degradation of asbestos built into
product; consumer products containing greater than trace amounts of asbestos. |
Article XX (b) of
the GATT measures necessary to protect human, animal or plant life or health
Rotterdam
Convention on the Prior Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade |
Canadian Environmental Protection Act, 1999
(CEPA) https://laws-lois.justice.gc.ca/eng/acts/c-15.31/ in force 1999; last
amended 2021
Asbestos and products containing asbestos as
specified in the Prohibition of Asbestos and Products Containing Asbestos
(PAPCAR). https://laws-lois.justice.gc.ca/eng/regulations/SOR-2018-196/FullText.html came into force in
2018
Export of Substances on the Export Control List
Regulations: https://pollution-waste.canada.ca/environmental-protection-registry/regulations/view?Id=115 These Regulations
entered into force on 2 May 2013 and were last amended on 30 December 2018. |
Administered by
Environment and Climate Change Canada.
The PAPCAR was
previously notified to the following WTO Committees: ·
Committee on Technical Barriers to Trade in
G/TBT/N/CAN/541 (16 January 2018), ·
Committee on Technical Barriers to Trade in
G/TBT/N/CAN/541/ADD.1 (31 October 2018) |
|
29 |
Prohibition on the importation, exportation, and
transiting of explosives |
CP, CP-X
|
Various |
Explosives |
Article XX (b) of
the GATT measures necessary to protect human, animal or plant life or health |
Explosives
Act https://laws-lois.justice.gc.ca/PDF/E-17.pdf in force 1985; last
amended 2019 |
The Explosives Act
is administered by Natural Resources Canada https://laws-lois.justice.gc.ca/eng/regulations/SOR-2013-211/
See
section 46 of link above for information relating to import permits. |
|
30 |
Conditional
prohibition on the exportation of certain pharmaceuticals |
CP-X |
Various
products under HS Chapters 29 and 30 Products
include:
1.
Drugs included in Schedule I, II, III, IV or V to the Controlled Drugs and
Substances Act;
EN https://laws-lois.justice.gc.ca/eng/acts/c-38.8/
FR https://laws-lois.justice.gc.ca/fra/lois/c-38.8/
2.
Prescription drugs, as defined in section A.01.010 of the Food and Drug
Regulations;
EN https://laws-lois.justice.gc.ca/eng/regulations/c.r.c.%2C_c._870/index.html
FR
https://laws-lois.justice.gc.ca/fra/reglements/C.R.C.%2C_ch._870/index.html
3.
Drugs that are listed in Schedule C or D to the
Food and Drugs Act; and
EN https://laws-lois.justice.gc.ca/eng/acts/f-27/
FR
https://laws-lois.justice.gc.ca/fra/lois/f-27/
4.
Drugs that are permitted to be sold without a prescription, as defined in
subsection C.01.001(1) of the Food and Drug Regulations, but that are to be
administered only under the supervision of a practitioner, as defined in that
subsection.
EN
https://laws-lois.justice.gc.ca/eng/acts/f-27/
|
Pharmaceuticals |
Article XI 2(a) of
the GATT measures relating to temporary export prohibitions to prevent or
relieve critical shortages essential to the exporting country.
Article XX (b) of
the GATT measures necessary to protect human, animal or plant life or health
Article XX (g) of the
GATT measures relating to the conservation of exhaustible
natural resources if such measures are made effective in conjunction with
restrictions on domestic production or consumption |
Regulations
Amending Certain Regulations Concerning Drugs and Medical Devices (Shortages)
entered into force on 27 November
2021. |
Administered by Health Canada
These
Regulations are based on the Interim Order Respecting Drug Shortages
(Safeguarding the Drug Supply) made on 27 November 2020.
These
Regulations do not prohibit exports but provides the Minister of Health the
authority to prohibit a sale of a drug intended for the Canadian market for
consumption outside Canada if it would cause or exacerbate a shortage of
certain categories of drugs.
The
distribution of drugs intended for the Canadian market for consumption
outside of Canada continues to be permitted in cases where the seller
determines that the sale will not cause or exacerbate a shortage.
Regulations
Amending Certain Regulations Concerning Drugs and Medical Devices (Shortages)
and
RIAS: https://www.gazette.gc.ca/rp-pr/p2/2021/2021-09-01/html/sor-dors199-eng.html
See link above for exceptional
circumstances related to importation.
Le Règlement modifiant certains règlements visant les drogues et les
instruments médicaux (pénuries) et le REIR: https://www.gazette.gc.ca/rp-pr/p2/2021/2021-09-01/html/sor-dors199-fra.html |
|
31 |
Conditional Prohibition on the importation and
exportation of narcotics, psychotropic drugs, and precursors used in their
manufacture. |
CP, CP-X |
1211.30 1211.40 1211.50 1211.90ex 1301.90ex 1302.11 1302.14 1302.19ex 2806.10 28.07 2841.61 2843.30ex 2843.90ex 2902.30 2905.51 2909.11 2914.11 2914.12 2914.31 2915.24 2916.34 2921.46 2921.49ex 2922.14 2922.19ex 2922.29ex 2922.31 2922.39ex 2922.42ex 2922.43 2922.44 2922.49ex 2924.11 2924.23 2924.24 2924.29ex 2925.12 2926.30 2926.40 2926.90ex 2932.91 2932.92 2932.93 2932.94 2932.95 2932.99ex 2933.32 2933.33 2933.39ex 2933.41 2933.49ex 2933.53 2933.54ex 2933.55 2933.72 2933.91 2933.99ex 2934.91 2934.99ex 2939.11ex 2939.19ex 2939.20ex 2939.41 2939.42 2939.43 2939.44 2939.51 2939.59ex 2939.61 2939.62 2939.63 2939.69ex 2939.71 2939.79ex 3003.41 3003.42 3003.43 3003.49ex 3003.90ex 3004.41 3004.42 3004.43 3201.90ex 3912.31ex 3913.10ex |
Narcotic drugs and substances with psychotropic
effects, and precursors of narcotic drugs and substances with psychotropic
effects. |
Article
XX (b) of the GATT measures necessary to protect human, animal or plant life
or health United
Nations Single Convention on Narcotic Drugs, 1961, The United
Nations Convention on Psychotropic Substances, 1971.;
The United Nations Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, 1988. |
The Controlled
Drugs and Substances Act https://laws-lois.justice.gc.ca/eng/acts/c-38.8/ in force 1996; last amended 2019 |
The Controlled
Drugs and Substances Act is Administered by Health Canada.
A full list of
items subject to legislation can be found in CDSA Schedules I-VI, pg. 59-85.
See The Controlled Drugs and Substances Act:
section 55 for regulation and section 56 for exemptions. |
|
32 |
Conditional Prohibition on the importation of
anadromous fish and their eggs |
CP |
0301.90 ex 0301.91 ex 0301.99 ex |
Live
Chum salmon (Oncorhynchus keta)
Live
Coho salmon (Oncorhynchus kisutch)
Live
Pink salmon (Oncorhynchus gorbuscha)
Live
Sockeye salmon (Oncorhynchus nerka)
Live
Chinook salmon (Oncorhynchus
tshawytscha) Live
Cherry salmon (Oncorhynchus masou)
Live
Steelhead trout (Oncorhynchus mykiss) |
Article XX(b) of the GATT Measures measures necessary to protect human, animal or
plant life or health
Convention
for the Conservation of Anadromous Stocks in the North Pacific Ocean
|
The Fisheries Act, s. 6.1(1) https://laws-lois.justice.gc.ca/PDF/F-14.pdf in force 1985; last
amended 21 June 2019 |
The Department of
Fisheries and Oceans administers the Fisheries
Act,
Section 6.1(1) of The Fisheries Act states that the
Minister shall implement
measures to maintain major fish stocks at or above the level necessary to
promote the sustainability of the stock, taking into account the biology of
the fish and the environmental conditions affecting the stock.
See section 23 of The Fisheries Act for exceptions. |
|
33 |
Non-Automatic Licensing for the importation and
exportation of Atlantic Tuna and Swordfish |
NAL NAL-X |
0301.94 0302.35 0303.45 0301.95 0302.36 0303.46 0302.34 0303.44 0302.47 0302.57 0301.90 0304.45 0303.57 0303.61 0304.11 0304.54 0304.84 0304.91 |
Bluefin Tuna; (Thunnus thynnus)
Southern Bluefin Tuna; (Thunnus maccoyii)
Bigeye Tuna; (Thunnus obesus)
Swordfish; (Xiphias gladius) |
Article
XX (b) of the GATT measures necessary to protect human, animal or plant life
or health
International Convention for the
Conservation of Atlantic Tunas (ICCAT). |
Coastal Fisheries
Protection Act (CFPA) s. 5.6(1) https://laws-lois.justice.gc.ca/eng/acts/c-33/page-2.html#h-1144434 in force 1985; last amended 2019 |
Bluefin and
Southern Bluefin Tuna are subject to catch documentation schemes;
Bigeye Tuna and
Swordfish are subject to statistical documentation programs. |
|
34 |
Non-Automatic Licensing for the importation and
exportation of Patagonian and Antarctic Toothfish |
NAL, NAL-X |
0302.83 0303.83 0304.22 0304.46 0304.55 0304.85 0304.92 |
Patagonian Toothfish; (Dissostichus eleginoides)
Antarctic Toothfish; (Dissostichus mawsoni)
|
Article XX (b) of
the GATT measures necessary to protect human, animal or plant life or health
Commission for the Conservation of
Antarctic Marine Living Resource (CCAMLR) |
Coastal Fisheries
Protection Act (CFPA) s. 5.6(1) https://laws-lois.justice.gc.ca/eng/acts/c-33/page-2.html#h-1144434 in force 1985; last amended 2019 |
The Department of
Fisheries and Oceans Administers the Coastal Fisheries Protection Act. https://laws-lois.justice.gc.ca/PDF/C-33.pdf
https://www.dfo-mpo.gc.ca/international/psma-cfpr/sheet-feuille-eng.htm
Patagonian and
Antarctic Toothfish are subject to catch documentation schemes. |
|
35 |
Prohibition on the import of petroleum from the Russian Federation |
P |
Various in 27.09 27.10 27.11 |
Petroleum oils and oils obtained from bituminous
minerals
|
Article XXI of the
GATT |
EN Regulations Amending the Special Economic Measures
(Russia) Regulations: SOR/2022-52
FR |
Canada Gazette Part
II - Vol. 156, No. 7, pages 929 – 939.
Specific details in
Paragraph 3.5 and Schedule 5. |
|
36 |
Prohibition on the import of certain luxury goods
from the Russian federation |
P |
Various items in HS Chapters 3, 16, 22, 71 |
Article XXI of the
GATT |
EN Regulations Amending the Special Economic Measures
(Russia) Regulations: SOR/2022-102
FR |
||
|
37 |
Prohibition on the export of certain luxury goods
to the Russian Federation |
P |
Various items in
HS Chapters 22, 24, 33, 39, 42, 43, 44, 49, 50, 56, 57, 58, 59, 61, 62, 63,
64, 65, 67, 69, 70, 71, 73, 83, 84, 87, 90, 91, 92, 96, 97 |
Article XXI of the
GATT |
EN Regulations Amending the Special Economic Measures
(Russia) Regulations: SOR/2022-102
FR |
||
|
38 |
Prohibition on the export of certain goods that
can be used in the manufacture of weapons to the Russian Federation |
P |
|
|
Article XXI of the
GATT |
EN Regulations Amending the Special Economic Measures (Russia)
Regulations: SOR/2022-165
FR |
|
|
39 |
Prohibition on the import of certain gold
products from the Russian Federation |
P |
7108.11 7108.12 7108.13 7108.20 7113.19 7114.19
|
Gold, unwrought, powder or semi-manufactured. Articles of jewelry, goldsmiths' or silversmiths'
wares. |
Article XXI of the
GATT |
EN Regulations Amending the Special Economic Measures
(Russia) Regulations: SOR/2022-171
FR |
Section 2: Cross-reference to other WTO notifications with
information on quantitative restrictions that are currently in force
This
section shall be filled by Members in case a notification made pursuant to
another notification requirement (e.g. set in the Agreement on Agriculture,
Agreement on Balance of Payments, Agreement on Safeguards, and the Agreement on
Import Licensing Procedures, etc.) contains information on a quantitative
restriction in force and which is not listed in Section 1.
1. Agreement on Agriculture
A. Was
a notification made with information on a quantitative restriction? Yes No
B. If
yes, then list below the relevant document symbol and include any information
element missing in the notification:
2. Agreement on Balance of Payments
A. Was
a notification made with information on a quantitative restriction? Yes No
B. If
yes, then list below the relevant document symbol and include any information
element missing in the notification:
3. Agreement on Safeguards
A. Was
a notification made with information on a quantitative restriction? Yes No
B. If
yes, then list below the relevant document symbol and include any information
element missing in the notification:
4. Agreement on Import Licensing Procedures (non-automatic licences)
A. Was
a notification made with information on a quantitative restriction? Yes No
B. If
yes, then list below the relevant document symbol and include any information
element missing in the notification:
G/LIC/N/3/CAN/21
|
Document symbol of notification |
General description |
Type of restr. |
Tariff line code(s) affected, based on HS(2012) |
Detailed Product Description |
WTO Justification and Grounds for Restriction, |
National legal basis and entry into force |
Administration; modification of prev. notified
measures; and other comments |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
G/LIC/N/3/CAN/21 |
Conditional prohibition
on the importation of rough diamonds. |
CP |
7102.10 7102.21 7102.31 |
Rough diamonds |
Kimberley Process
Certification Scheme – Extension of waiver grant by WTO on 22 June 2018 (WT/L/1039 and WT/G/C/W/753) until 31 December
2024. |
Export and Import of Rough Diamonds Act https://laws-lois.justice.gc.ca/eng/acts/E-18.5/ in force 2002; last amended
2021 |
Administered by Natural Resources Canada.
All rough diamonds imports must be accompanied by
a valid Kimberley Process certificate issued by the exporting country |
5. Other notifications
A. Was a notification made with information on
a quantitative restriction in other notifications? Yes No
B. If yes, then list below the relevant
document symbol and include any information element missing in the
notification:
__________