Order Amending Certain General Import Permits Issued Under the Export and Import Permits Act (Nos. 100, 1 and 13): SOR/2021-72
Canada Gazette, Part II, Volume 155, Number 8
Registration
SOR/2021-72 March 29, 2021
EXPORT AND IMPORT PERMITS ACT
The Minister of Foreign Affairs, pursuant to subsections 8(1.1) footnote a, 8.3(3) footnote b and 10(1) footnote c of the Export and Import Permits Act footnote d, makes the annexed Order Amending Certain General Import Permits Issued Under the Export and Import Permits Act (Nos. 100, 1 and 13).
Ottawa, March 26, 2021
Marc Garneau
Minister of Foreign Affairs
Order Amending Certain General Import Permits Issued Under the Export and Import Permits Act (Nos. 100, 1 and 13)
General Import Permit No. 100 — Eligible Agricultural Goods
1 Items 21 to 23 of the schedule to General Import Permit No. 100 — Eligible Agriculture Goods footnote 1 are replaced by the following:
21 Carcasses and half-carcasses of bovine animals, fresh, chilled or frozen, that do not originate in Chile, a CUSMA country, an EU country or other CETA beneficiary or a CUKTCA beneficiary and are classified under tariff item No. 0201.10.20 or 0202.10.20 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.
22 Cuts of meat of bovine animals, fresh, chilled or frozen, with bone in, that do not originate in Chile, a CUSMA country, an EU country or other CETA beneficiary or a CUKTCA beneficiary and are classified under tariff item No. 0201.20.20 or 0202.20.20 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.
23 Boneless meat of bovine animals, fresh, chilled or frozen, that does not originate in Chile, a CUSMA country, an EU country or other CETA beneficiary or a CUKTCA beneficiary and is classified under tariff item No. 0201.30.20 or 0202.30.20 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.
2 Item 32.2 of the schedule to the Permit is replaced by the following:
32.2 Milk protein substances with a milk protein content of 85% or more by weight, calculated on a dry matter basis, that do not originate in a CUSMA country, an EU country or other CETA beneficiary, a CUKTCA beneficiary, Chile, Costa Rica or Israel and that are the subject of two commitments signed by the Government of Canada on June 12, 2008, one with the European Communities and the other with the Government of Switzerland, relating to the modification, in Canada's schedule of concessions pursuant to the Agreement Establishing the World Trade Organization, to Canada's concession on tariff item No. 3504.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff with regard to those substances.
General Import Permit No. 1 — Dairy Products for Personal Use
3 Item 13.2 of the schedule to General Import Permit No. 1 — Dairy Products for Personal Use footnote 2 is replaced by the following:
13.2 Milk protein substances with a milk protein content of 85% or more by weight, calculated on a dry matter basis, that do not originate in a CUSMA country, an EU country or other CETA beneficiary, a CUKTCA beneficiary, Chile, Costa Rica or Israel and that are the subject of two commitments signed by the Government of Canada on June 12, 2008, one with the European Communities and the other with the Government of Switzerland, relating to the modification, in Canada's schedule of concessions pursuant to the Agreement Establishing the World Trade Organization, to Canada's concession on tariff item No. 3504.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff with regard to those substances.
General Import Permit No. 13 — Beef and Veal for Personal Use
4 Items 1 and 2 of the schedule to General Import Permit No. 13 — Beef and Veal for Personal Use footnote 3 are replaced by the following:
1 Cuts of meat of bovine animals, fresh, chilled or frozen, with bone in, that do not originate in Chile, a CUSMA country, an EU country or other CETA beneficiary or a CUKTCA beneficiary and that are classified under tariff item No. 0201.20.10 or 0202.20.10 or under heading No. 98.04 or 98.26 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.
2 Boneless meat of bovine animals, fresh, chilled or frozen, that does not originate in Chile, a CUSMA country, an EU country or other CETA beneficiary or a CUKTCA beneficiary and that is classified under tariff item No. 0201.30.10 or 0202.30.10 or under heading No. 98.04 or 98.26 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.
Coming into Force
5 This Order comes into force on the day on which section 16 of the Canada – United Kingdom Trade Continuity Agreement Implementation Act, chapter 1 of the Statutes of Canada, 2021, comes into force, but if it is registered after that day, it comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Issues
The United Kingdom (U.K.) departed the European Union (EU) Single Market on January 1, 2020, and lost the preferential terms of trade that have been provisionally applied under the Canada-EU Comprehensive Economic and Trade Agreement (CETA) since September 21, 2017.
To ensure that Canadian businesses will continue to enjoy preferential trade with the U.K., Canada and the U.K. have agreed to a transitional trade agreement that replicates and preserves access to the benefits provided in CETA on a bilateral basis. The Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland (the Agreement) will remain in place until Canada and the U.K. negotiate a comprehensive free trade agreement that can be best tailored to the bilateral relationship and interests.
The Agreement was signed on December 9, 2020, and royal assent of the Canada – United Kingdom Trade Continuity Agreement Implementation Act (the Act) was obtained. To fully implement the Act as well as Canada's commitments under the Agreement, a number of regulations and orders are necessary.
Background
A good listed on the Import Control List may only be lawfully imported, and normally receive applicable preferential tariff benefits, under the authority of a permit or certificate issued by the Minister of Foreign Affairs.
The purposes for which the Administrator of the Government of Canada in Council may add goods to a control list are specified in the Export and Import Permits Act and include implementing an intergovernmental arrangement or commitment, such as a trade agreement.
Objective
The objective of this Order is to implement Canada's commitments under the Agreement.
Description and rationale
The Agreement ensures that Canadian businesses will continue to enjoy CETA preferential trade with the U.K. following its departure from the EU. Given that CETA has been provisionally applied with the EU since September 21, 2017, only amendments specific to the U.K. are required to bring Canada's obligations in conformity with the Act.
Changes to general import permits
- (a) General Import Permit No. 100 — Eligible Agricultural Goods: Items 21 to 23 for “beef and veal products” and item 32.2 for “certain milk protein substances” are amended to add permit exemptions for products that originate in an Agreement beneficiary. The exemption currently includes CETA and CETA beneficiaries, and this amendment ensures that Agreement beneficiaries continue to be exempted from permit requirements.
- (b) General Import Permit No. 1 — Dairy Products for Personal Use: Item 13.2 for “certain milk protein substances” is amended to add permit exemptions for products that originate in an Agreement beneficiary. The exemption currently includes CETA and CETA beneficiaries, and this amendment ensures that Agreement beneficiaries continue to be exempted from permit requirements.
- (c) General Import Permit No. 13 — Beef and Veal for Personal Use: Items 1 and 2 for “beef and veal products” are amended to add permit exemptions for products that originate in an Agreement beneficiary. The exemption currently includes CETA and CETA beneficiaries, and this amendment ensures that Agreement beneficiaries continue to be exempted from permit requirements.
Consultation
A Canada Gazette notice was published in July 2018 to inform Canadians of proposed transitional trade agreement negotiations with the U.K. and the Government's efforts to mitigate disruption for businesses due to the U.K. leaving the EU. Because discussions leading to the Agreement were focused on replicating already in force CETA provisions on a bilateral basis with the U.K., broad public consultations were not undertaken.
Furthermore, given that these regulatory measures replicate CETA provisions and are consequential to the Agreement and Act, no consultations nor prepublication were required.
The Government of Canada will seek the views of Canadians from across the country and from all sectors and backgrounds once Canada and the U.K. are ready to launch negotiations toward a possible comprehensive free trade agreement.
Small business lens
Analysis under the small business lens determined that these amendments will benefit small businesses, as they will ensure continued access at the preferential tariff rates for goods traded between Canada and the U.K.
One-for-one rule
The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to businesses.
Contacts
General Import Permits No. 1 and No. 100:
Blair Hynes
Deputy Director
Supply-Managed Trade Controls Division
Global Affairs Canada
111 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343‑203‑4353
Email: Blair.Hynes@international.gc.ca
General Import Permits No. 13 and No. 100:
Elizabeth Clarke
Deputy Director
Non-Supply Managed Trade Controls Division
Global Affairs Canada
111 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343‑203‑4366
Email: Elizabeth.Clarke@international.gc.ca