Import Certificate Regulations (C.R.C., c. 603)

Short Title

1 These Regulations may be cited as the Import Certificate Regulations.

Application

• 2 (1) These Regulations apply to any import certificate that is issued by or on behalf of the Minister of Industry, Trade and Commerce concerning goods for which such a certificate is required by the country of export before it will allow their export to Canada.

• (2) Where an applicant has applied for an import certificate, it shall be deemed, for the purpose of these Regulations and the Export and Import Permits Act, that the import certificate is required by the exporting country he has named in his application before it will allow the export of the goods to Canada.

Application for Certificates

• 3 (1) An application for an import certificate shall be made only by a resident of Canada, that is to say, if the applicant is a natural person, he shall be a person who ordinarily resides in Canada and, if the applicant is a corporation, it shall be a corporation having its head office in Canada or operating a branch office in Canada.

• (2) No person shall apply for an import certificate unless he intends to import the goods into Canada.

• 4 (1) An application for an import certificate shall be made on a form provided by the Department of Industry, Trade and Commerce and procurable from the Export and Import Permits Division of that Department.

• (2) An applicant shall furnish all information required in the application form and, without restricting the generality of the foregoing, shall, in particular,

  • (a) describe the goods concerned in sufficient detail as to disclose their true identity and, in so doing, avoid the use of trade names, technical names or general terms that do not adequately describe the goods; and

  • (b) truthfully certify that he intends to import those goods into Canada and that he will not cause or assist in their disposal or diversion to any other person during transit.

• (3) An applicant shall furnish such other information, in addition to that given in the application form, as may be required by or on behalf of the Chief of the Export and Import Permits Division.

• (4) The completed application form, together with such other information as may be required, shall be sent to the Export and Import Permits Division, Department of Industry, Trade and Commerce, Ottawa, Canada.

Issue of Certificates

• 5 (1) When an application for an import certificate has been signed by the Chief of the Export and Import Permits Division or otherwise signed by or on behalf of the Minister of Industry, Trade and Commerce, the application form, with all information and certifications by the applicant appearing therein, becomes an import certificate and shall not, thereafter, be altered except by or on behalf of the Minister.

• (2) The import certificate and a copy thereof shall be sent to the applicant.

• (3) In any proceedings under the Export and Import Permits Act, a document, purporting to be certified by the Chief of the Export and Import Permits Division to be a true copy of an import certificate, is prima facie evidence of the original document of which it purports to be a copy and that the same was issued at the time stated in the certificate and is signed, certified, attested or executed by the persons by whom and in the manner in which the same purports to be signed, certified, attested or executed as shown or appearing from such certified copy.

Prohibitions

6 Unless otherwise authorized by the Minister of Industry, Trade and Commerce or on his behalf by the Chief of the Export and Import Permits Division or other person authorized by the Minister, no person shall

• (a) with respect to goods for which an import certificate has been issued and prior to their being received by the person to whom the certificate was issued, cause or assist in the disposal or diversion of such goods to any person other than the person to whom the certificate was issued;

• (b) use an import certificate in any manner other than in accordance with the information and certifications appearing in the import certificate; or

• (c) being the person to whom an import certificate was issued, refuse or otherwise fail to make any report or provide any information required by or under these Regulations.

Duration

7 An import certificate is not valid beyond the expiry date specified therein.

Reports

8 The following reports shall, where applicable, be made, in writing, to the Chief of the Export and Import Permits Division by a person to whom an import certificate has been issued:

• (a) an immediate report, with full particulars, of any information he receives that the certificate or any part of the goods to which it relates has been or will be dealt with by the exporter or any other person otherwise than in accordance with the terms of the certificate or the requirements of these Regulations;

• (b) a report of the arrival of the goods in Canada, together with a true copy of the customs entry document covering them and bearing the stamp of the collector of customs at the Canadian port of entry;

• (c) a report of any proposal to export the goods from Canada; and

• (d) if the goods have not arrived in Canada before the expiry date of the certificate, a report of that fact together with such information as he may have as to the reasons for the delay and the whereabouts of the goods.

Delivery Verification Certificates

• 9 (1) Delivery verification certificates of the delivery in Canada of goods imported into Canada may be granted by or on behalf of the Minister of Industry, Trade and Commerce to any person who requests such certificate in order to comply with or assist his exporter in complying with the requirements of the country of export of the goods.

• (2) Delivery verification certificates shall not be issued unless a report of the arrival of the goods in Canada, together with a true copy of the customs entry documents covering them and bearing the stamp of the collector of customs at the Canadian port of entry, has been made, in writing, to the Chief of the Export and Import Permits Division.