Bill C-233: An Act to amend the Export and Import Permits Act

R.S., c. E- 19 Export and Import Permits Act 1 Section 2 of the Export and Import Permits Act is amended by adding the following after subsection (1): Arms, ammunition, implements or munitions of war (1.01) For the purposes of this Act, the expression “arms, ammunition, implements or munitions of war” includes any parts, components or technology necessary for the assembly or use, in whole or in part, of arms, ammunition, implements or munitions of war. 2 (1) Paragraph 3(1)(a) of the Act is replaced by the following: (a) to ensure that arms, ammunition, implements or munitions of war, naval, army or air stores or any articles deemed capable of being converted thereinto or made useful in the production thereof or otherwise having a strategic nature or value will not be made available to any destination where their use might be detrimental to the security of Canada or where there is a substantial risk that they would be used to commit or facilitate genocide, crimes against humanity, grave breaches of the Geneva Conventions of 12 August 1949, attacks directed against civilian objects or civilians protected as such or other war crimes as defined by international agreements to which Canada is a party ; (2) Section 3 of the Act is amended by adding the following after subsection (2): No country exemptions — military goods and technology (3) Despite subsection (2), the Export Control List must not provide for the exemption of arms, ammunition, implements or munitions of war from export control on the basis of their destination. 3 Section 7 of the Act is amended by adding the following after subsection (1.1): No general permits for military goods or technology (1.2) The Minister must not issue a general permit under subsection (1.1) to export arms, ammunition, implements or munitions of war. 4 Section 7.1 of the Act is amended by adding the following after subsection (2): No general permits to broker for military goods or technology (3) The Minister must not issue a general permit to broker under subsection (2) to export arms, ammunition, implements or munitions of war. 5 (1) The portion of paragraph 7.3(1)(b) of the Act before subparagraph (i) is replaced by the following: (b) could be used to commit or facilitate, whether in the destination country or the country of end use , (2) Subsection 7.3(1) of the Act is amended by striking out “and” at the end of paragraph (a), adding “and” at the end of subparagraph (b)(v) and adding the following after paragraph (b): (c) would be exported to a country that is a party to the Arms Trade Treaty. 6 The Act is amended by adding the following after section 7.3: End-use certificate — mitigation 7. 31 Before issuing a permit under subsection 7(1) or 7.1(1) in respect of arms, ammunition, implements or munitions of war, the Minister shall require that the applicant provide a certificate concerning the end use of the goods or technology from the government of the country to which the goods or technology are to be exported, if the Minister considers that (a) there is a substantial risk that, without the certificate, the export or the brokering of the goods or technology could result in the commission or facilitation of a violation or an act referred to in paragraph 7.3(1)(b); and (b) the certificate would be a sufficient measure to mitigate that risk. 7 Section 12 of the Act is amended by adding the following after paragraph (a.3): (a.4) respecting the form and contents of certificates required under section 7.31; 8 Section 27 of the Act is replaced by the following: Annual report — operations 27 (1) No later than May 31 of each year, the Minister must prepare and cause to be tabled in each House of Parliament a report of the operations under this Act for the preceding year. Annual report — military goods and technology (2) No later than May 31 of each year, the Minister must prepare and cause to be tabled in each House of Parliament a report in respect of arms, ammunition, implements and munitions of war that were exported in the preceding year under the authority of and in accordance with an export permit issued under subsection 7(1). Contents (3) The report under subsection (2) must include, in respect of the preceding year, (a) a list of the export permits issued in respect of arms, ammunition, implements and munitions of war; (b) the types and quantities of arms, ammunition, implements and munitions of war that were exported in each month — listed by number of units transferred under each item number and sub-item number in A Guide to Canada’s Export Control List, published by the Department of Foreign Affairs, Trade and Development, as amended from time to time — including their value and the countries to which they were exported; (c) a summary of the considerations of the factors under subsection 7.3(1) in respect of each export permit issued; (d) a summary of each decision not to issue an export permit in accordance with section 7.4; and (e) measures taken to ensure Canada’s compliance with the Arms Trade Treaty, including any mitigating measures taken in respect of specific permits issued. Transitional Provisions Expiration of permits issued before assent 9 (1) Any export or brokering permit issued before the day on which this Act receives royal assent expires 180 days after that day. Deemed new application (2) If an export or brokering permit in respect of arms, ammunition, implements and munitions of war expires under subsection (1) before they are exported, a new application for the permit is deemed to be submitted. Expedited basis (3) The Minister designated for the purposes of the Export and Import Permits Act must review the deemed application in accordance with the Export and Import Permits Act as amended by this Act on an expedited basis. Applications for export or brokering permits 10 Applications for export or brokering permits made before the day on which this Act receives royal assent but for which permits have not been issued or denied are to be reviewed in accordance with the Export and Import Permits Act as amended by this Act. Exports under GEP-47 11 Despite subsection 7(1.2) of the Export and Import Permits Act , the General Export Permit No. 47 — Export of Arms Trade Treaty Items to the United States is deemed to be valid for 180 days after the day on which this Act receives royal assent.