The Many Faces of Canadian Compliance

Written by: Suzanne Perkins, Regulatory Affairs Canada

Typically, when a Canadian importer or exporter thinks about compliance they think about Customs compliance. After all, goods must be reported to Canada Border Services Agency (CBSA) in order to enter Canada. One of the methods used by CBSA to manage trade compliance is through post-release verifications which are designed to measure compliance rates and revenue loss. The results of these verifications may be used for many purposes including: risk assessments, revenue assessments and to promote voluntary compliance.

CBSA plays an important role in assisting other federal government departments and agencies by administering and enforcing legislation and regulations on their behalf, to help ensure that prohibited and controlled goods are not illegally exported from, or imported into, Canada. However, a number of Other Government Departments (OGD) are responsible for enforcing their respective legislation.

In recent years, there has been an increase in compliance verifications not only from CBSA but also from OGDs. Although their respective legislation has been in place for many years, the focus on compliance has gained importance.

Examples of some OGD compliance verifications:

  • Environment Canada may request import and product information pertaining to scrap batteries. For example there is a requirement for an import permit for hazardous recyclable material under the Canadian Environmental Protection Act, 1999.
  • Health Canada may request specific information pertaining to pesticides. For example, pesticides are regulated under the Pest Control Products Act (PCPA), as they must meet Canadian standards, such as: be registered or scheduled under the PCPA and bear the Canadian label.
  • The Explosives Division of Natural Resources Canada (NRCAN) may request information/documentation pertaining to explosives as there are import permit requirements for importations of certain explosives.
  • Global Affairs Canada is responsible for issuing export permits, while Global Affairs looks to CBSA to ensure proper permit usage. Global Affairs Canada, is responsible to oversee an exporter management of the export permit.

As you can see, many goods are subject to the requirements of other government departments and agencies and may require permits, certificates, and/or inspection. It should be noted that more than one government department may have a role to play in the requirements and regulations pertaining to the importation of certain goods; it is therefore beneficial to contact those that may play a role.

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