Canada Gazette, Part I, Volume 153, Number 11: Brokering Permit Regulations

March 16, 2019

Statutory authority
Export and Import Permits Act

Sponsoring department
Department of Foreign Affairs, Trade and Development

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see Brokering Control List.

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to paragraph 12(b)^{footnote a} of the Export and Import Permits Act^{footnote b}, proposes to make the annexed Brokering Permits Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Judy Korecky, Deputy Director, Export Controls Policy Division, Global Affairs Canada, 125 Sussex Drive, Ottawa, Ontario K1A 0G2 (tel.: 343‑203‑4332; fax: 613‑996‑9933; email: judy.korecky@international.gc.ca).

Ottawa, February 28, 2019

Jurica Čapkun
Assistant Clerk of the Privy Council

Brokering Permit Regulations

Application for brokering permit

1 An application for a brokering permit referred to in subsection 7.1(1) of the Export and Import Permits Act must be made in the form provided by the Minister, be signed by the applicant and contain the following information:

• (a) the applicant’s name, address, telephone number, email address and any fascimile number and, if the applicant is an organization, the name of a contact person;
• (b) if the applicant is a natural person, their citizenship and, if they are not a citizen of Canada, whether they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
• (c) the country from which the goods or technology to be brokered are to be exported;
• (d) the name, address, telephone number, email address and any fascimile number of
  • (i) the person who is selling the goods or technologies,
  • (ii) the person who is purchasing the goods or technologies, and
  • (iii) any agents or other brokers involved in the transaction;
• (e) the country of final destination;
• (f) the name, address, telephone number and email address of each consignee and, if a consignee is an organization, the name, if known, of a contact person;
• (g) for each type of good or technology,
  • (i) the provision of the Brokering Control List that refers to it, and the item number assigned to the good or technology by the Guide referred to in the Export Control List,
  • (ii) a description of the good or technology, including its purpose and technical specifications, with sufficient detail to disclose their true identity and in terms that avoid the use of trade-names, technical names or general terms that do not adequately describe the goods, and
  • (iii) if available, the quantity, total value and unit value in Canadian dollars;
• (h) a copy of any available end-use certificate or an end-use statement, and a statement indicating whether the good or technology is for commercial resale or for the end-use of a government; and
• (i) whether the good or technology is described in paragraph 1(b) or (c) of the Brokering Control List.

Coming into force

2 These Regulations come into force on the day on which section 5 of the 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), chapter 26 of the Statutes of Canada 2018, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.