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Issuance of Certificates Regulations (SOR/93-587)

Regulations are current to 2020-10-05 and last amended on 2020-07-01. Previous Versions

Issuance of Certificates Regulations

SOR/93-587

EXPORT AND IMPORT PERMITS ACT

Registration 1993-12-15

Issuance of Certificates Regulations

P.C. 1993-2087  1993-12-15

His Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, is pleased hereby, pursuant to paragraph 12(c.01)Footnote * of the Export and Import Permits Act, to revoke the Issuance of Certificates Regulations, made by Order in Council P.C. 1988-2869 of December 30, 1988Footnote **, and to make the annexed Regulations providing for considerations to be taken into account by the Minister in the issuance of certificates under section 9.01 of the Export and Import Permits Act, effective on the day on which section 154 of An Act to implement the North American Free Trade Agreement, being chapter 44 of the Statutes of Canada, 1993, comes into force.

 [Repealed, SOR/99-57, s. 2]

Interpretation

 In these Regulations,

apparel goods

apparel goods means the following goods in the List of Tariff Provisions set out in the schedule to the Customs Tariff that are both cut or knit to shape and sewn or otherwise assembled in Canada from fabric or yarn produced or obtained outside of the free trade area:

  • (a) goods provided for in Chapters 61 and 62; and

  • (b) goods classified under heading 96.19 that are of textile material other than wadding; (vêtements)

Canada

Canada [Repealed, SOR/99-57, s. 3]

export development plan

export development plan[Repealed, SOR/2020-71, s. 1]

export performance

export performance means the volume and value of exports from Canada of an exporter to the United States or Mexico of apparel goods, fabrics and made-up goods, spun yarn or metallized yarn, as applicable; (performance à l’exportation)

exporter

exporter means a person who exports or intends to export from Canada to the United States or Mexico apparel goods, fabrics and made-up goods, spun yarn or metallized yarn, as applicable; (exportateur)

fabric and made-up goods

fabric and made-up goods means

  • (a) cotton or man-made fibre fabric and cotton or man-made fibre made-up textile goods referred to in Chapters 52 to 55 in the List of Tariff Provisions set out in the schedule to the Customs Tariff — excluding goods containing 36% or more by weight of wool or fine animal hair — and in Chapters 58, 60 and 63 of that schedule, that are woven or knit in Canada from yarn produced or obtained outside the free trade area, or from yarn produced in the free trade area from fibre produced or obtained outside the free trade area, or knit in Canada from yarn spun in the free trade area from fibre produced or obtained outside the free trade area, or

  • (b) goods under subheading No. 9404.90 in the List of Tariff Provisions set out in the schedule to the Customs Tariff that are finished, cut and sewn or otherwise assembled in Canada from fabrics of subheading Nos. 5208.11 to 5208.29, 5209.11 to 5209.29, 5210.11 to 5210.29, 5211.11 to 5211.20, 5212.11, 5212.12, 5212.21, 5212.22, 5407.41, 5407.51, 5407.71, 5407.81, 5407.91, 5408.21, 5408.31, 5512.11, 5512.21, 5512.91, 5513.11 to 5513.19, 5514.11 to 5514.19, 5516.11, 5516.21, 5516.31, 5516.41 or 5516.91 of that schedule that are produced or obtained outside the free trade area; (tissus et articles confectionnés)

free trade area

free trade area means the area comprising Canada, Mexico and the United States; (zone de libre-échange)

metallized yarn

metallized yarn means yarn under subheading No. 5605.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff that are formed in Canada from fibres obtained outside the free trade area; (filé métallique or fil métallisé)

Mexico

Mexico has the same meaning as in section 2.2 of the Customs Tariff; (Mexique)

spun yarn

spun yarn means cotton or man-made fibre yarn that is classified under heading Nos. 52.05 to 52.07 or 55.09 to 55.11 in the List of Tariff Provisions set out in the schedule to the Customs Tariff that is spun in Canada from fibre classified under heading Nos. 52.01 to 52.03 or 55.01 to 55.07 of that schedule and produced or obtained outside the free trade area; (filé)

United States

United States has the same meaning as in section 2.1 of the Customs Tariff. (États-Unis)

  • SOR/98-26, s. 1
  • SOR/99-57, s. 3
  • SOR/2020-71, s. 1
  • SOR/2020-147, s. 1

Considerations in the Issuance of Certificates

 The following considerations must be taken into account by the Minister in the issuance of a certificate under section 9.1 or 9.2 of the Export and Import Permits Act in respect of goods that are the subject of an export allocation:

  • (a) the export performance of the exporter, if any, over a recent representative base period;

  • (b) the degree of demand for certificates; and

  • (c) the effective utilization and preservation of the benefits of CUSMA and any intergovernmental arrangements made under it.

  • SOR/99-57, s. 4
  • SOR/2020-71, s. 2

Application for Certificate of Eligibility

  •  (1) An application for a certificate under section 9.1 or 9.2 of the Export and Import Permits Act must include the following information:

    • (a) the name, address, telephone number and email address of the exporter and of any agent or mandatary applying on the exporter’s behalf;

    • (b) if the exporter or agent or mandatary is a corporation, the name of a contact person for the corporation;

    • (c) the exporter’s identifier number assigned by the Minister;

    • (d) the official language to be used for communications with the agent or mandatary and the exporter;

    • (e) an indication of whether the exporter and, if applicable, the agent or mandatary are residents of Canada;

    • (f) a detailed description of the good;

    • (g) the tariff classification of the good;

    • (h) the quantity of the good and the unit of measurement;

    • (i) the value of the good in Canadian dollars;

    • (j) the date of shipment of the good;

    • (k) the port of exit of the good;

    • (l) the date of exit of the good;

    • (m) the name and address of the importer or consignee;

    • (n) the good’s country of origin; and

    • (o) any other information requested by the Minister for clarification purposes related to the application.

  • (2) A certificate holder may, in writing, before the expiry date of the certificate, make a request to the Minister to amend the certificate. The request must state the terms and conditions of the certificate and the reasons for the amendment.

  • SOR/2020-71, s. 2
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