Export of Substances on the Export Control List Regulations (SOR/2013-88)

Marginal note:Expiry of permit

15 An export permit expires at the end of the calendar year for which it is issued.

Refusal to Issue Permit

Marginal note:Reasonable grounds

16 The Minister must refuse to issue an export permit if the Minister believes on reasonable grounds that

• (a) the exporter is not able to export the substance in compliance with the Act, these Regulations or the conditions imposed by the country of destination;

• (b) the export would contravene the Act, any regulations made under the Act or any other measure taken under the Act; or

• (c) the exporter provided false or misleading information in the notice of proposed export, in the permit application or in any document provided under paragraph 11(1)(b) or (c).

Cancellation, Amendment or Suspension of Permit

Marginal note:Consent for import not provided

• 17 (1) If the Rotterdam Secretariat advises the Rotterdam Parties through the PIC Circular that a country of destination does not consent to the import of a substance for which an export permit has been issued, the Minister must cancel the permit and the cancellation takes effect on the day that is six months after the date of publication of that PIC Circular.

• Marginal note:Revocation of consent

  (2) If a designated national authority advises the Minister that it revokes its written consent to the import of a substance for which an export permit has been issued, the Minister must cancel the permit and the cancellation takes effect on the day that is 30 days after the day on which the Minister is advised of the revocation.

• Marginal note:Failure to transmit response

  (3) If the Rotterdam Secretariat advises the Rotterdam Parties for the first time through the PIC Circular that a country of destination has failed to transmit a response with respect to the import of a substance for which an export permit has been issued under paragraph 12(1)(a) or subparagraph 12(1)(c)(i), the Minister must cancel the permit and the cancellation takes effect on the day that is six months after the date of publication of that PIC Circular.

• Marginal note:Modification of conditions of import — PIC Circular

  (4) If the Rotterdam Secretariat advises the Rotterdam Parties through the PIC Circular that a country of destination has modified the conditions of import of a substance for which an export permit has been issued, the Minister must amend the permit in accordance with the new conditions and the amendment takes effect on the day that is six months after the date of publication of that PIC Circular.

• Marginal note:Modification of conditions of import — designated national authority

  (5) If a designated national authority advises the Minister that it has modified the conditions of import of a substance for which an export permit has been issued, the Minister must amend the permit in accordance with the new conditions and the amendment takes effect 30 days after the day on which the Minister is advised of the modifications.

• Marginal note:Obligations of Minister

  (6) The Minister may cancel or amend an export permit under this section only if a notice giving reasons for the amendment or cancellation has been sent to the exporter by mail, electronic mail or facsimile.

Marginal note:Reasonable grounds

• 18 (1) The Minister must cancel an export permit if the Minister believes on reasonable grounds that

  • (a) the exporter is not able to export the substance in compliance with the Act, these Regulations or the conditions set out in the export permit;

  • (b) the export contravenes the Act, any regulations made under the Act or any other measure taken under the Act;

  • (c) the exporter failed to comply with a condition set out in the export permit;

  • (d) the exporter failed to comply with the undertaking provided under paragraph 11(1)(a); or

  • (e) the exporter provided false or misleading information in the notice of proposed export, in the permit application or in any document provided under paragraph 11(1)(b) or (c).

• Marginal note:Notice of proposed cancellation

  (2) The Minister must, before cancelling an export permit under this section, notify the exporter of the proposed cancellation by mail, electronic mail or facsimile.

• Marginal note:Content of notice

  (3) The notice of proposed cancellation must

  • (a) indicate the reasons for the proposed cancellation;

  • (b) inform the exporter of the interim suspension of the permit; and

  • (c) inform the exporter that it may make written representations concerning the proposed cancellation.

• Marginal note:Interim suspension of permit

  (4) The export permit is suspended for the period beginning on the day on which the notice of the proposed cancellation is received and ending on the day on which the Minister makes a decision respecting the proposed cancellation.

• Marginal note:Written representations

  (5) The exporter may, within 15 days after the day on which the notice is received, make written representations concerning the proposed cancellation.

• Marginal note:Date of receipt

  (6) The notice of proposed cancellation is considered to have been received by the exporter

  • (a) on the day on which it is delivered, if it is delivered personally;

  • (b) on the 10th day after the day on which it is postmarked, if it is sent by mail; or

  • (c) on the date that is indicated by the sending apparatus, if it is sent by electronic mail or by facsimile.

Retention of Records

Marginal note:Period of retention

19 An exporter must keep at the exporter’s principal place of business in Canada, for a period of five years after the end of the calendar year for which the export permit is issued,

• (a) the export permit;

• (b) a copy of the application for the export permit and the documents required under paragraphs 11(1)(a) to (d) if the originals were submitted to the Minister or, if copies were submitted to the Minister, the original of the application and documents;

• (c) for each export of a substance, proof of liability insurance coverage as required under section 20;

• (d) for each export of a substance, a copy of the label referred to in section 21 and the safety data sheet referred to in section 22; and

• (e) any shipping documents or any other documents that substantiate the date of the export and the exact quantity of the substance that was exported.

Liability Insurance

Marginal note:Amount

20 The exporter must have liability insurance in an amount of not less than $5,000,000 for each export in respect of

• (a) any damages arising from the export for which the exporter could become liable; and

• (b) any costs that could be imposed on the exporter under the applicable laws for cleaning up the environment as a result of the substance being released into the environment during export.

Labelling

Marginal note:Information to appear on label

• 21 (1) An exporter must affix to any container in which a substance is exported a label that includes the following information in both official languages and, as far as practicable, at least one of the official languages of the country of destination:

  • (a) the name of the substance as it appears on the Export Control List and the commodity code of the substance as it is identified in the Harmonized Commodity Description and Coding System;

  • (b) a description of the hazards to the environment or human health that can arise from the nature of the substance or, if applicable, the product that contains it; and

  • (c) the precautionary measures to be followed when handling, using or being exposed to the substance or, if applicable, the product that contains it, and the first aid measures to be administered in case of exposure.

• Marginal note:Bulk shipment

  (2) In the case of a bulk shipment, the exporter must either affix a label in accordance with subsection (1) or include with each shipment a label or a document that contains the information required to be included on the label.

• Marginal note:Definition of bulk shipment

  (3) For the purposes of subsection (2), bulk shipment means the shipment of a substance without any packaging or containment other than containment in

  • (a) a vessel having a water capacity of more than 454 L;

  • (b) a freight container or a portable tank;

  • (c) a road vehicle or a railway vehicle; or

  • (d) the hold of a ship.

Safety Data Sheet

Marginal note:Information required

22 The exporter must include with each export of the substance, in both official languages and, as far as practicable, at least one of the official languages of the country of destination, a safety data sheet as defined in section 2 of the Hazardous Products Act that meets the requirements of the Hazardous Products Regulations in respect of the substance or, if applicable, the product that contains it.

Conditions Relative to the Minamata Convention

Marginal note:Restrictions

23 A person that has provided a notice of proposed export under subsection 101(1) of the Act may export a mixture that contains elemental mercury (CAS 7439-97-6) at a concentration of 95% or more by weight only if the mixture

• (a) is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations;

• (b) is exported for use in a laboratory for analysis, in scientific research or as a laboratory analytical standard, if the total quantity exported by the exporter during the calendar year in question does not exceed 10 kg; or

• (c) is contained in a manufactured item that during manufacture is formed into a specific physical shape or design and has for its final use a function or functions wholly or partly dependent on its shape or design.

24 [Repealed, SOR/2017-11, s. 16]

25 [Repealed, SOR/2017-11, s. 16]

26 [Repealed, SOR/2017-11, s. 16]