Marginal note:Issuance of Canadian Certificate
9. (1) On receiving an application for a Canadian Certificate from a resident of Canada for the export of rough diamonds, the Minister must
(a) if the application meets the requirements of the regulations and of subsection (2), issue a Canadian Certificate;
(b) if the application does not meet the requirements of the regulations, send a notice to the applicant containing written reasons for the deficiency; or
(c) if the application does not meet the criteria in subsection (2), reject the application and send to the applicant written reasons for the rejection.
(2) Before issuing a Canadian Certificate, the Minister must be satisfied that
(a) the export is to a participant;
(b) the information contained in the application is accurate;
(c) the rough diamonds in respect of which the application is made originated in Canada, were extracted from mineral concentrates in Canada, were imported from a participant or were in Canada at the time of the coming into force of this section; and
(d) the fees established by the regulations for the issuance of the certificate have been paid.
Marginal note:Notice of deficiency
10. If an applicant who receives a notice under paragraph 9(1)(b) does not remedy the deficiency within such time as the Minister considers reasonable, the Minister may reject the application.
Marginal note:Replacement certificate
11. If any information appearing on a Canadian Certificate is inaccurate or has changed, the Minister may, on application by the holder of the certificate made in accordance with the regulations, issue a replacement certificate.
Marginal note:Invalidation of Canadian Certificate
12. If the Minister determines that information provided by an applicant in order to obtain a Canadian Certificate, or information appearing on the certificate, is inaccurate or has changed, the Minister may invalidate the certificate.
13. (1) Every person who exports rough diamonds must report the export to the Minister in accordance with the regulations.
Marginal note:Points of exit
(2) Every person who exports rough diamonds must do so at a point of exit designated under the regulations, if any.
IMPORTING ROUGH DIAMONDS
Marginal note:Requirements for importing rough diamonds
14. (1) Every person who imports rough diamonds must ensure that, on import, they are in a container that meets the requirements of the regulations and are accompanied by a Kimberley Process Certificate that
(a) was issued by a participant;
(b) has not been invalidated by the participant; and
(c) contains accurate information.
Marginal note:Rough diamonds to be parcelled separately
(2) Every person who imports rough diamonds must ensure that, on import, the rough diamonds in the container are not parcelled with diamonds excluded from the definition “rough diamond” or with anything else.
- 2002, c. 25, s. 14;
- 2005, c. 51, s. 4.
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