Government of Canada Amends Export and Import Permits Act to join the Arms Trade Treaty

Canada’s Minister of Foreign Affairs has introduced proposed legislative changes in Parliament to amend the Export and Import Permits Act (EIPA).

The Minister of Foreign Affairs, delivered on the government’s commitment to introduce legislation so Canada can accede to the Arms Trade Treaty (ATT). Bill C-47 is an Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments).

The Arms Trade Treaty (ATT) aims to ensure countries effectively regulate the international trade of arms, so they are not used to support terrorism, international organized crime, gender-based violence, human rights abuses, or violations of international humanitarian law.

To implement necessary changes, in March 2017 Canada announced an investment of $13 million to further strengthen the country’s export control regime. These resources will be used to implement new brokering controls, improve transparency, and support enhancements to Canada’s export controls.

The enactment amends the Export and Import Permits Act to define the term “broker” and to establish a framework to control brokering that takes place in Canada and that is undertaken by Canadians outside Canada and authorize the making of regulations that set out mandatory considerations that the Minister is required to take into account before issuing an export permit or a brokering permit.

The Act sets May 31 as the date by which the Minister must table in both Houses of Parliament a report of the operations under the Act in the preceding year and a report on military exports in the preceding year and increases the maximum fine for a summary conviction offence to $250,000.

During the period that the Bill is before Parliament, Canadian exporters should continue to follow existing procedures and instructions to apply for export permits.