Forward Regulatory Plan 2025-2027: Global Affairs Canada
Proposed regulatory initiatives
- Regulations amending certain regulations under the United Nations Act
- Regulations amending certain regulations under the Special Economic Measures Act
- Order amending the Export Control List
- Order amending the Export and Import Permits and Certificates Fees Order
- Order repealing certain orders and general import and export permits and amending certain general export permits under the Export and Import Permits Act
- Order repealing and amending certain regulations made under the Export and Import Permits Act
Regulations amending certain regulations under the United Nations Act
Enabling act
Description
Canada's United Nations Act (UNA) enables the Canadian government to give effect to decisions passed by the United Nations Security Council (UNSC). If the UNSC determines that an act of aggression or a breach of peace has occurred, it may decide what measures member states shall take to restore or maintain international peace and security. These measures are generally economic and trade sanctions. Such a decision imposes a legal obligation on Canada as a UN member to introduce the required measures into domestic law. This is done by enacting regulations under the UNA.
The objectives of this initiative also include implementation of the Standing Joint Committee for the Scrutiny of Regulations’ and the Department of Justice’s recommendations, to implement amendments resulting from recently passed UNSC Resolutions, and ensuring coherence and consistency between regulations.
Potential impacts on Canadians, including businesses
None
Consultations
None
Further information
Not applicable
Departmental contact information
Sanctions Bureau
Global Affairs Canada
Email: sanctions@international.gc.ca
Regulations amending certain regulations under the Special Economic Measures Act
Enabling act
Description
The Special Economic Measures Act (SEMA) allows Canada to impose sanctions against a foreign state, or individuals and entities related to that foreign state in certain specific circumstances. Regulations made under SEMA may be introduced or updated, including to enhance coherence with more recently instated regulations under the same legislation.
The objectives of this initiative also include implementation of the Standing Joint Committee for the Scrutiny of Regulations’ as well as the Department of Justice’s recommendations, to ensure coherence and consistency between regulations.
Potential impacts on Canadians, including businesses
None
Consultations
None
Further information
Not applicable
Departmental contact information
Sanctions Bureau
Global Affairs Canada
Email: sanctions@international.gc.ca
Order amending the Export Control List
Enabling act
Description
With the entry into force of the Canada-United States-Mexico Agreement (CUSMA), the U.S. over-access tariff rate for peanut butter (item 5201 on the Export Control List) is being phased out for peanut butter produced from peanuts wholly obtained or produced in the United States, Mexico or Canada. The over-access tariff rate for these products will reach 0% as of January 1, 2025. Export permits will not be required for Canadian peanut butter exported to the United States as of this date.
This amendment aims to remove the permit requirement for Canadian peanut butter being exported to the United States. It also aims to remove peanut butter exported to destinations other than the United States from the Export Control List (ECL).
Potential impacts on Canadians, including businesses
The proposed regulations do not alter administrative costs or burden to businesses, nor do they create new regulatory requirements.
Consultations
Given that this amendment stems directly from the elimination of General Export Permit 31 for exports of peanut butter to destinations other than the United States in 2020 and from consultations in 2024 on the existing administration policy, no further consultations will be undertaken.
Further information
Not applicable
Departmental contact information
Simon Rainville
Senior Trade Policy Officer
Trade Controls Division
Global Affairs Canada
Phone: (613) 219-2452
Email: simon.rainville@international.gc.ca
Order amending the Export and Import Permits and Certificates Fees Order
Enabling Act
Description
The department collects fees for the export and import of non-strategic controlled goods as defined in its international trade agreements. Fees were last raised in 1995 and will be increased to better reflect the costs associated with permit issuance services. Fees will increase by 75%, phased-in over five years: 0% in Year 1, and then 18.75% each of the following four years.
Potential impacts on Canadians, including businesses
Permit fees will increase for importers and exporters of controlled goods. The phased-in approach provides stakeholders with time to account for the increase.
Consultations
Canadians will have the chance to consult on the proposed increase through Canada Gazette Part I in 2025.
Further information
Not applicable
Departmental contact information
Laurel Blair
Deputy Director
Trade Controls Division
Global Affairs Canada
Phone: (613) 220-9576
Email: Laurel.Blair@international.gc.ca
Order repealing certain orders and general import and export permits and amending certain general export permits under the Export and Import Permits Act
Enabling act
Description
The objectives of this initiative are to repeal spent regulatory instruments which have no current application and to make minor technical and clarificatory amendments to certain regulations, as follows.
Regulatory Instruments to be repealed
- Allocation Method Orders – Softwood Lumber Products: Given the expiry of the Softwood Lumber Agreement on October 12, 2015, there are no softwood lumber export allocations for Canada to administer. Therefore, this initiative aims to repeal a group of allocation method orders that have no current application. The allocation method orders have been included in the regulatory stock review.
- Export of Consumable Stores Supplied to Vessels and Aircraft Permit (GEP No. EX.3): These regulations allow for the export of consumable stores (fuel oils, lubricants, provisions and supplies, etc.) for vessels and aircraft without requiring a specific export permit, provided certain conditions are met.
These items are no longer controlled for export on the ECL. For this reason, the GEP is considered outdated and would be repealed under this order. GEP No. EX.3 has been included in the regulatory stock review.
- General Export Permit No. 38 – CWC Toxic Chemical and Precursor Mixtures (GEP No. 38): These regulations allow for the export of certain toxic chemicals and precursors controlled under the ECL without requiring a specific export permit, provided certain conditions are met.
Since these regulations were adopted in 1998, the ECL has been updated so that these chemicals are no longer controlled when they are exported as part of mixtures in which they are not the principal constituent. For this reason, GEP No. 38 is considered outdated and would be repealed under this initiative. It has been included in the regulatory stock review.
- General Import Permit No. 6 — Roses for Personal Use and General Import Permit No. 193: Given that there is no longer a tariff-rate quota associated with the import of roses from Israel, this Order aims to repeal the General Import Permit No. 6 — Roses for Personal Use (SOR/97-80) as well as the General Import Permit No. 193 — Roses (SOR/97-77), which are no longer required. Those instruments were included in the regulatory stock review.
Regulatory instruments to be amended
- General Export Permit No.41 - Dual - use Goods and Technology to Certain Destinations of the Export and Import Permits Act (GEP No. 41): These regulations allow the export or transfer of certain goods and technology controlled under the ECL without requiring an individual export permit, provided certain conditions are met.
The section of the ECL which is referenced in these regulations has been re-numbered since GEP No.41 came into force. This Order would update the numbering in the regulations so that the controlled technologies are clearly referenced. GEP No. 41 has been included in the regulatory stock review.
- General Export Permit No. 45 – Cryptography for the Development or Production of a Product of the Export and Import Permits Act (GEP No. 45): These regulations allow the export or transfer of certain cryptographic goods and technology controlled under the ECL without requiring an individual export permit, provided certain conditions are met. It applies only to goods and technology when they are used in the development or production of cryptographic products and not in the case of end-use products.
The section of the ECL which is referenced in these regulations has been re-numbered since the regulations came into force. This initiative would update the numbering in the regulations so that the controlled technologies are clearly referenced. GEP No. 45 has been included in the regulatory stock review.
- General Export Permit No. 46 – Cryptography for Use by Certain Consignees of the Export and Import Permits Act (GEP No. 46): These regulations allow the export or transfer of certain cryptographic goods and technology controlled under the ECL without requiring an individual export permit, provided certain conditions are met. It applies only in the case of end-use products when they are exported to specific consignees and not in the case of specified technologies used in the development or production of cryptographic products.
The section of the ECL which is referenced in these regulations has been re-numbered since the regulations came into force. This initiative would update the numbering in the regulations so that the controlled technologies are clearly referenced. GEP No. 46 has been included in the regulatory stock review.
Potential impacts on Canadians, including businesses
The proposed regulations do not alter administrative costs or burden to businesses, nor do they create new regulatory requirements
Consultations
None
Further information
Not applicable
Departmental contact information
Jennifer Burleigh
Deputy Director
Softwood Lumber Division, TNS
Phone: (613) 295-6389
Email: Jennifer.Burleigh@international.gc.ca
Judy Korecky
Deputy Director
Export Controls Policy Division, ITR
Phone: (613) 291-0347
Email: Judy.Korecky@international.gc.ca
Laurel Blair
Deputy Director
Trade Controls Division, TPC
Global Affairs Canada
Phone: (613) 220-9576
Email: Laurel.Blair@international.gc.ca
Order repealing and amending certain regulations made under the Export and Import Permits Act
Enabling act
Description
The objectives of this initiative are to repeal a group of regulations and provisions that are no longer in force and to make minor technical and clarificatory amendments to certain regulations, as follows.
Regulatory instruments to be repealed
- Softwood Lumber Products Export Allocations Regulations: Given the expiry of the Softwood Lumber Agreement on October 12, 2015, there are no softwood lumber export allocations for Canada to administer. Therefore, this initiative aims to repeal the Softwood Lumber Products Export Allocations Regulations which have no current application. It has been included in the regulatory stock review.
- Export Permit (Steel Monitoring) Regulations: These regulations were registered in 1987 in support of the Government’s stated policy relating to the tracking of certain steel products entering and leaving the country. The Government of Canada no longer has a Steel Export Monitoring Program and carbon steel products were removed from the ECL in 1990. As a result, the Export Permit (Steel Monitoring) Regulations as well as the General Export Permit No. Ex. 82 — Carbon Steel Products became obsolete; however, only the latter was repealed in 2007. Therefore, this initiative aims to repeal the Export Permit (Steel Monitoring) Regulations. It has been included in the regulatory stock review.
Regulatory instruments to be amended
- Export Control List: The government of Canada no longer requires permits for the export of goods listed under items 5102 (Pulpwood) and 5103 (Red Cedar) of the ECL. Given that these provisions are no longer enforced, this initiative aims to amend the ECL to remove these two items.
- Import Certificate Regulations: These regulations set out the conditions for issuing import certificates to Canadian residents. In its current form, the regulations include outdated administrative references. These include:
- The Minister responsible for issuing import certificates is identified as the Minister of Industry, Trade and Commerce, which no longer exists;
- The regulations reference the Department of Industry, Trade, and Commerce, whose relevant functions have passed to Global Affairs Canada under the legal name of the Department of Foreign Affairs, Trade and Development;
- The regulations reference an “Export and Import Permits Division” which no longer exists under this name;
- The regulations reference the position of “Chief of the Export and Import Permits Division” which no longer exists under this title.
This initiative would amend the regulations so that powers and responsibilities under the regulations are clearly designated.
- Import Control List: To fix a concordance error, HS 1904.30.29 and 1905.32.92 will be added to the Import Control List (ICL). These two codes are the “over access commitment” form of identical “within access” codes for products under tariff-rate quotas for wheat and barley and their products.
Additionally, lines 161 to 191 of the ICL will be modified to exclude originating goods (i.e., imported under a free trade agreement).
Potential impacts on Canadians, including businesses
The proposed regulations do not alter administrative costs or burden to businesses, nor do they create new regulatory requirements
Consultations
None
Further information
Not applicable
Departmental contact information
Jennifer Burleigh
Deputy Director
Softwood Lumber Division, TNS
Phone: (613) 295-6389
Email: Jennifer.Burleigh@international.gc.ca
Anh Nguyen
Deputy Director
Trade Remedies Division, TNE
Email: Anh.Nguyen@international.gc.ca
Judy Korecky
Deputy Director
Export Controls Policy Division, ITR
Phone: (613) 291-0347
Email: Judy.Korecky@international.gc.ca
Laurel Blair
Deputy Director
Trade Controls Division, TPC
Global Affairs Canada
Phone: (613) 220-9576
Email: Laurel.Blair@international.gc.ca
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