CONSOLIDATION

Export Permit (Steel Monitoring) Regulations

SOR/87-321

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Regulations Respecting Export Permits Issued for Steel Export Monitoring Purposes

Short Title

Interpretation

Application

Application for Permit

Issuance of Permit

Exporting Requirements

Terms and Conditions of Permit

Lost or Destroyed Permits

General Permits SCHEDULE

Current to June 20, 2022

ii

Registration SOR/87-321 June 5, 1987

EXPORT AND IMPORT PERMITS ACT

Export Permit (Steel Monitoring) Regulations

P.C. 1987-1120

June 4, 1987

Her Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, pursuant to section 12 of the Export and Import Permits Act, is pleased hereby to make the annexed Regulations respecting the issuance of Export Permits for steel export monitoring purposes.

Current to June 20, 2022

Regulations Respecting Export Permits Issued for Steel Export Monitoring Purposes

Short Title 1 These Regulations may be cited as the Export Permit (Steel Monitoring) Regulations.

Interpretation 2 In these Regulations,

Act means the Export and Import Permits Act; (Loi) applicant means a resident of Canada who applies for a permit under section 8.1 of the Act; (requérant) Department means the Department of External Affairs; (ministère) exporter means a person who exports steel from Canada; (exportateur) permit means a permit to export steel issued pursuant to section 8.1 of the Act; (licence) steel means any type of steel or any product made of steel that is included on the Export Control List pursuant to section 5.1 of the Act. (acier)

Application 3 These Regulations apply to the exportation of steel.

Application for Permit 4 An applicant may apply either orally or in writing to

the Special Trade Relations Bureau of the Department, or to any person authorized by the Minister to issue a permit on the Minister’s behalf, by furnishing the following information: (a) the name and address of the applicant; (b) information as to whether or not the applicant is a resident of Canada;

Current to June 20, 2022

Export Permit (Steel Monitoring) Regulations Application for Permit Sections 4-6

(c) the name and address of the exporter, if different

from that of the applicant; (d) the country of origin of the steel being exported; (e) the name and address of the consignee to whom

the steel will be exported; (f) the country that is to be the final destination of the

steel; (g) the Canadian customs office at which the steel will

exit Canada; (h) the date or proposed date of exportation of the

steel from Canada; (i) a description of the steel, including the appropriate Special Trade Relations Bureau Classification Commodity Code; (j) the number of units of the steel to be exported and

the total value of those units in Canadian currency; and (k) any additional information requested by the Minister in order to clarify the information furnished by the applicant or to provide a more detailed description of the steel.

Issuance of Permit 5 (1) A permit shall be in the form set out in the schedule. (2) Where a permit is issued, the Minister shall sign each copy of the permit and transmit two copies of the permit to the applicant.

Exporting Requirements 6 Every person to whom a permit has been issued shall, before exporting the steel described in the permit, (a) certify (i) that the information furnished in the application for the permit is true, and (ii) that the person is a resident of Canada; and (b) present a copy of the permit (i) at the Canadian customs office located at the

Canadian port of entry set out in the permit, or

Current to June 20, 2022

Export Permit (Steel Monitoring) Regulations Exporting Requirements Sections 6-8

(ii) at a Canadian customs office authorized by the Special Trade Relations Bureau of the Department.

Terms and Conditions of Permit 7 A permit is issued on condition that (a) the number of units of steel exported under the

permit does not exceed the number of units of steel set out in the permit by more than five per cent; (b) the value of the steel exported under the permit does not exceed the value of the steel set out in the permit by more than five per cent; (c) the exporter keeps at the exporter’s place of business documents and records in respect of each exportation of steel for which a permit is issued, in such form and containing such information as will enable the country of origin of the exported steel to be determined, and retains every account and voucher necessary to verify the information contained in those documents and records; (d) the exporter at all reasonable times (i) makes the documents and records referred to in paragraph (c) available for inspection by any persons authorized by the Minister, and (ii) provides to those persons every facility necessary for the inspection of the documents and records and permits copies thereof to be made by those persons; and (e) where the documents and records kept by the exporter pursuant to paragraph (c) prove, on inspection, to be inadequate for the purpose of determining the country of origin of the exported steel, the exporter provides the additional documents or records necessary for making that determination.

Lost or Destroyed Permits 8 Where a permit has been lost or destroyed, the person to whom it was issued may request from the Special Trade Relations Bureau of the Department a permit to replace it and shall, in so requesting, submit a statutory declaration containing

Current to June 20, 2022

Export Permit (Steel Monitoring) Regulations Lost or Destroyed Permits Sections 8-9

(a) a statement that the original permit has been lost

or destroyed and an explanation of the circumstances of the loss or destruction; and (b) in the case of a permit that has been lost, an undertaking to return the original permit to the Special Trade Relations Bureau of the Department without delay, if it is found.

General Permits 9 (1) The Minister may, by order, issue general permits

to export steel. (2) A general permit issued pursuant to subsection (1) shall be subject to such terms and conditions as are set out in the permit.

Current to June 20, 2022

Export Permit (Steel Monitoring) Regulations SCHEDULE

SCHEDULE (Section 5)

GRAPHIC IS NOT DISPLAYED, SEE SOR/87-321, P. 2252

Current to June 20, 2022

