Forward Regulatory Plan for Strategic and Military Goods and Technologies
Order Amending the Export Control List (2016)
Description of the objective
Objective: In order for Canada to implement its international commitments regarding the export of dual-use, strategic and military goods and technology, Canada’s Export Control List (ECL) must reflect the most up-to-date control lists of the four multilateral export control regimes of which Canada is a member.
Global Affairs Canada (GAC) amends the ECL regularly to reflect the control lists endorsed by participating states in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Nuclear Suppliers Group, the Missile Technology Control Regime and the Australia Group.
Description of the Regulation: The amendment to the ECL consists of various changes reflecting the updates made within the four multilateral export control regimes up to the end of December 2016.
Some existing language of controlled items may be clarified, and some items may no longer be controlled while other items and technology may be added for control, requiring Canadian exporters of these goods to obtain an export permit.
Enabling Act: Export and Import Permits Act
Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or the small business lens may apply.
Public consultation opportunities
As is customary when dealing with potential changes to Canada’s export control regime, GAC consults with private industry in the elaboration of its positions prior to entering into international negotiations and undertaking commitments.
These consultations are directed at stakeholders that are able to provide the Government of Canada with expert technical advice regarding strategic and military goods and technology.
Consultations regarding proposed changes within the various multilateral export control regimes to which Canada is a participating state normally occur between January and May each year with approval of any regime changes by the end of December.
Consultations regarding changes to be implemented in the Order Amending the Export Control List (2016) have been completed.
Departmental contact
Export Controls Division- General Enquiries
Telephone: 343-203-4331
Facsimile: 613-996-9933
TIE.reception@international.gc.ca
Order Amending the Export Control List (2017)
Description of the objective
Objective: In order for Canada to implement its international commitments regarding the export of dual-use, strategic and military goods and technology, Canada’s Export Control List (ECL) must reflect the most up-to-date control lists of the four multilateral export control regimes of which Canada is a member.
Global Affairs Canada (GAC) amends the ECL regularly to reflect the control lists endorsed by participating states in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Nuclear Suppliers Group, the Missile Technology Control Regime and the Australia Group.
Description of the Regulation: The amendment to the ECL consists of various changes reflecting the updates made within the four multilateral export control regimes up to the end of December 2017.
Some existing language of controlled items may be clarified, and some items may no longer be controlled while other items and technology may be added for control, requiring Canadian exporters of these goods to obtain an export permit.
Enabling Act: Export and Import Permits Act
Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or the small business lens may apply.
Public consultation opportunities
As is customary when dealing with potential changes to Canada’s export control regime, GAC consults with private industry in the elaboration of its positions prior to entering into international negotiations and undertaking commitments.
These consultations are directed at stakeholders that are able to provide the Government of Canada with expert technical advice regarding strategic and military goods and technology.
Consultations regarding proposed changes within the various multilateral export control regimes to which Canada is a participating state normally occur between January and May each year, with approval of any regime changes by the end of December.
Consultations regarding changes to be implemented in the Order Amending the Export Control List (2017) have been completed.
Departmental contact
Export Controls Division - General Enquiries
Telephone: 343-203-4331
Facsimile: 613-996-9933
TIE.reception@international.gc.ca
Order Amending the Export Control List (2018)
Description of the objective
Objective: In order for Canada to implement its international obligations and commitments regarding the export of dual-use strategic and military goods and technology, Canada’s Export Control List (ECL) must reflect the most up-to-date control lists of the four multilateral export control regimes of which Canada is a member.
Global Affairs Canada (GAC) seeks to amend the ECL on an annual basis to reflect the control lists endorsed by participating states in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Nuclear Suppliers Group, the Missile Technology Control Regime and the Australia Group.
Description of the Regulation: The amendment to the ECL consists of various changes reflecting the updates made within the four multilateral export control regimes up to December 2018.
Some existing language of controlled items may be clarified, some items may no longer be controlled while other items and technology may be added for control requiring Canadian exporters of these goods to obtain an export permit.
Enabling Act: Export and Import Permits Act
Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or the small business lens may apply.
Public consultation opportunities
As is customary when dealing with potential changes to Canada’s export control regime, GAC consults with private industry in the elaboration of its positions prior to entering into international negotiations and undertaking commitments.
These consultations are directed at stakeholders that are able to provide the Government of Canada with expert technical advice regarding strategic and military goods and technology.
Consultations regarding proposed changes within the various multilateral export regimes to which Canada is a participating state normally occur between January and May each year with approval of any new regime changes by the end of December.
Consultations regarding changes to be implemented in the Order Amending the Export Control List (2018) are ongoing.
Departmental contact
Export Controls Division - General Enquiries
Telephone: 343-203-4331
Facsimile: 613-996-9933
TIE.reception@international.gc.ca
For more information
- Government-Wide Forward Regulatory Plans
- The Cabinet Directive on Regulatory Management
- The Red Tape Reduction Action Plan
- The Canada–United States Regulatory Cooperation Council
To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.
Regulations Relating to Accession to the Arms Trade Treaty
Description of the objective
Objective: To meet its obligations under article 10 of the Arms Trade Treaty (ATT), Canada is required to implement brokering controls. Brokering will be defined as arranging or negotiating a transaction that relates to the movement of goods or technology from a foreign country to another foreign country. Canada’s brokering controls will exceed the ATT requirements by covering more goods and technology, by controlling brokering by Canadians abroad, and by weighing brokering transactions against the ATT’s assessment factors. Brokering transactions will be assessed using the same considerations as for an export permit – the goal being to ensure that Canadian-arranged arms transfers are consistent with Canadian law and policy regarding arms exports.
Description of the Regulations: The proposed regulations will flow from Royal Assent of Bill C-47 (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). They will include the scope of items captured by brokering controls and specific requirements when applying for a brokering permit. Specific details on brokering regulations will follow consultations with industry and interested Canadian stakeholders including through pre-publication in the Canada Gazette, Part I.
Enabling Act: Export and Import Permits Act
Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or the small business lens may apply.
Public consultation opportunities
Global Affairs Canada has conducted public consultation on Bill C-47 which will amend the Export and Imports Permits Act to prohibit brokering transactions. So far feedback from stakeholders on the Government’s intention to regulate brokering transactions has generally been positive. A further consultation opportunity will be provided to stakeholders upon publication of the proposed regulations in the Canada Gazette, Part I, should Bill C-47 receive Royal Assent.
Departmental contact
Export Controls Division - General Enquiries
Telephone: 343-203-4331
Facsimile: 613-996-9933
TIE.reception@international.gc.ca
