Canada Gazette, Part I, Volume 153, Number 11: Regulations Specifying Activities that Do Not Constitute Brokering

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(e.1) ^{footnote a} of the Export and Import Permits Act^{footnote b}, proposes to make the annexed Regulations Specifying Activities that Do Not Constitute Brokering.

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

Regulations Specifying Activities that Do Not Constitute Brokering

Interpretation

1 For the purposes of these Regulations,

• (a) a corporation is an affiliate of another corporation if one of them is controlled by the other or both are controlled by another corporation; and
• (b) a corporation is controlled by another corporation if the other corporation is able to exercise control in fact of the corporation.

Excluded activities

2 The following activities do not constitute brokering for the purpose of the Export and Import Permits Act:

• (a) the brokering of a transaction between affiliates of a corporation if
  • (i) the transaction relates to the movement of a good, other than a good referred to in Group 9 of the schedule to the Export Control List, and
  • (ii) the good is for end-use by an affiliate of the corporation; and
• (b) the brokering of a transaction by a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act if the Canadian citizen or permanent resident is outside of Canada and
  • (i) the transaction relates to the movement of a good, other than a good referred to in Group 9 of the schedule to the Export Control List,
  • (ii) the brokering is done on behalf of the employer of the Canadian citizen or permanent resident and the employer is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or an organization that is incorporated, formed or otherwise organized under the laws of Canada or a province, and
  • (iii) the Canadian citizen or permanent resident does not have the ability to exercise control in fact of the employer.

Coming into force

3 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.