Canada Gazette, Part I, Volume 153, Number 11: Order Amending the Export Control List (Arms Trade Treaty)

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 paragraphs 3(1)(a) and (d) and section 6^{footnote a} of the Export and Import Permits Act^{footnote b}, proposes to make the annexed Order Amending the Export Control List (Arms Trade Treaty).

Interested persons may make representations concerning the proposed Permit 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

Order Amending the Export Control List (Arms Trade Treaty)

Amendments

1 Paragraph 2(b) of the Export Control List^{footnote 1} is replaced by the following:

• b) goods and technology referred to in Groups 3, 4 and 9 of the schedule and goods and technology set out in items 2-1, 2-2.a. and 2-2.b., 2-3, 2-4.a., 6-1, 6-2, 7-3 and 7-13 of the Guide, that are intended for export to any destination;

2 The schedule to the List is amended by adding the following after Group 7:

GROUP 9

Arms Trade Treaty

The goods referred to in items 9-1 to 9-9, whether or not included elsewhere on this List, the export of which Canada has agreed to control in accordance with its obligations under the Arms Trade Treaty.

9-1 Battle tanks that are tracked or wheeled self-propelled armoured fighting vehicles weighing at least 16.5 metric tons unladen weight, with a direct fire main gun of at least 75 mm calibre.

9-2 Armoured combat vehicles, as follows:

• a) tracked, semi-tracked or wheeled self-propelled vehicles, with armoured protection and cross-country capability, having any of the following characteristics:
  • (i) they are designed or modified and equipped to transport a squad of four or more infantrymen,
  • (ii) they are armed with an integral or organic weapon of at least 12.5 mm calibre,
  • (iii) they have a missile launcher,
  • (iv) they have organic technical means for observation, reconnaissance, target indication, and designed to perform reconnaissance missions,
  • (v) they have integral organic technical means for command of troops, or
  • (vi) they have integral organic electronic and technical means designed for electronic warfare; and
• b) armoured bridge-launching vehicles.

9-3 Large-calibre artillery systems, as follows:

• a) guns, howitzers, mortars and artillery pieces that combine the characteristics of a gun or a howitzer, that are capable of engaging surface targets by delivering indirect fire and that have
  • (i) a calibre of at least 75 mm but no greater than 155 mm, or
  • (ii) a calibre greater than 155 mm;
• b) multiple-launch rocket systems that are capable of engaging surface targets by delivering indirect fire and have a calibre of at least 75 mm; and
• c) gun-carriers specially designed for towing artillery.

9-4 Military aircraft and related systems, as follows:

• a) manned fixed-wing or variable-geometry wing aircraft that are designed, equipped or modified to
  • (i) engage targets by employing guided missiles, unguided rockets, bombs, guns, cannons or other weapons of destruction, or
  • (ii) perform reconnaissance, command of troops, electronic warfare, suppression of air defence systems, refuelling or airdrop missions;
• b) unmanned fixed-wing or variable-geometry wing aircraft that are designed, equipped or modified to
  • (i) engage targets by employing guided missiles, unguided rockets, bombs, guns, cannons or other weapons of destruction, or
  • (ii) perform reconnaissance, electronic warfare or suppression of air defence systems missions; and
• c) systems for the control and receiving of information from the unmanned aircraft referred to in paragraph (b).

9-5 Military helicopters and related systems, as follows:

• a) manned rotary-wing aircraft that are designed, equipped or modified to
  • (i) engage targets by employing guided or unguided anti-armour, air-to-surface, air-to-subsurface or air-to-air weapons for which the aircraft are equipped with an integrated fire control and aiming system, or
  • (ii) perform reconnaissance, electronic warfare, target acquisition (including anti-submarine warfare), communications, command of troops or mine-laying missions;
• b) unmanned rotary-wing aircraft that are designed, equipped or modified to
  • (i) engage targets by employing guided or unguided anti-armour, air-to-surface, air-to-subsurface or air-to-air weapons for which the aircraft are equipped with an integrated fire control and aiming system, or
  • (ii) perform reconnaissance, electronic warfare or suppression of air defence systems missions; and
• c) systems for the control and receiving of information from the unmanned aerial vehicles specified in paragraph (b).

9-6 Vessels and submarines that are armed and equipped for military use and that have

• a) a standard displacement equal to or greater than 150 metric tons; or
• b) a standard displacement of less than 150 metric tons and are equipped for launching missiles or torpedoes with a range of 25 kilometres or greater.

9-7 (1) Missiles and missile launchers, as follows:

• a) guided or unguided rockets and ballistic or cruise missiles that are capable of delivering a warhead or weapon of destruction to a range of 25 kilometres or greater;
• b) launchers that are specially designed or modified for launching those missiles or rockets, if not included in any of items 9-1 to 9-6; or
• c) Man-Portable Air-Defense Systems (MANPADS).

(2) Paragraph (1)(a) includes remotely piloted vehicles that have the characteristics of the missiles described in that subsection.

9-8 (1) Small arms that are destined for police or military end-use by individual members, as follows:

• a) handguns that are
  • (i) full-automatic or converted automatic in function,
  • (ii) semi-automatic in function, or
  • (iii) revolvers;
• b) rifles other than those specified in paragraph (d);
• c) sub-machine guns that are full-automatic or converted automatic in function;
• d) assault rifles that are full automatic or converted automatic in function; or
• e) light machine guns that
  • (i) are full-automatic or converted automatic, and
  • (ii) have a calibre of 12.7mm or less,

(2) Subsection (1) does not include

• a) firearms that are specially designed for dummy or blank ammunition and are incapable of discharging a projectile or marking cartridges;
• b) firearms that are specially designed for marking or force-on-force type training ammunition;
• c) firearms that are specially designed to launch tethered projectiles having no high explosive charge or communications link to a range of 500 m or less; or
• d) antique firearms within the meaning of subsection 84(1) of the Criminal Code.

9-9 (1) Light weapons destined for use by individual or several members of armed or security forces serving as a crew and delivering primarily direct fire, as follows:

• a) heavy machine guns, other than grenade launchers specified in paragraph (b), that
  • (i) are full-automatic or converted automatic, and
  • (ii) have a calibre greater than 12.7mm;
• b) hand-held, under-barrel mounted and mounted grenade launchers;
• c) portable anti-tank guns;
• d) recoilless rifles;
• e) portable anti-tank missile launchers and rocket systems; and
• f) mortars that have a calibre less than 75 mm.

(2) Subsection (1) does not include antique firearms within the meaning of subsection 84(1) of the Criminal Code.

Coming into force

3 This Order comes into force on the day on which section 21 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 it is registered after that day, it comes into force on the day on which it is registered.