Import controls are an important function of any government and Canada is no exception. Through various tools like an import control list, these controls help in protecting national security and supporting economic policy. It also fulfills international obligations while ensuring the safety of Canadians, both here and abroad.
The primary law governing Canada’s import control regime is the Export and Import Permits Act (EIPA). This authorizes the agencies concerned to create the import control list (ICL), which is a detailed list of goods that are subject to import restrictions. This can be anything from firearms, chemicals, to certain agricultural products.
In this article, importers and those new to international trade will learn about the legal framework, compliance procedures and practical tips for Canadian import controls.
What is the Import Control List?
The import control list is an official list of goods subject to certain limitations. If a product appears on Import Control List Canada, it means that special rules like permit requirements or restrictions, apply before that item can legally enter the country.
The EIPA provides the framework for both the ICL and its counterpart, the Export Control List. (ECL).
Why does Canada maintain an import control list?
The import control list serves several key purposes:
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National security - certain goods, such as firearms, military equipment, and dual-use items, are controlled to prevent unauthorized entry and to protect public safety
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International commitments - Canada is party to various international agreements and treaties that requires it to control the movement of specific goods
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Economic policy - the ICL supports Canadian industries by managing the supply of sensitive goods like agricultural products. This helps stabilize domestic markets and protect producers of the same goods in the country
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Public health and safety - some products are controlled to protect Canadians from potential harm. Examples include hazardous chemicals, pharmaceuticals, or goods that do not meet Canadian safety standards
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Environmental protection - certain imports are regulated to prevent environmental harm
The scope of the Import Control List Canada is broad and constantly changing. The list is updated regularly to reflect changes in policy, international obligations, or emerging risks. Notices to importers are published by Global Affairs Canada to provide ongoing updates and guidance for those affected.
What’s on the import control list?
The specific items in the import control list are constantly changing. However, the list can be divided into different categories of controlled or regulated goods:
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Firearms and ammunition- all handguns and many types of firearms, as well as their parts and ammunition, are controlled goods. Importing these items generally requires a permit
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Military and strategic goods - items with military applications are tightly regulated. This category also includes dual-use items, which are products that have both civilian and military uses
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Agricultural products - certain agricultural goods, including dairy, poultry, and fruit, are subject to supply management and quota systems. While they may seem harmless, these items may carry diseases that can devastate local agriculture
For example, the Asian citrus psyllid was probably sneaked into the US through fruits and is now a persistent problem for California.
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Steel and aluminum - these goods are subject to import controls to support Canadian industry
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Chemicals and hazardous substances - chemicals that could be used in weapons manufacturing or pose environmental or health risks
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Cultural property - artifacts and cultural objects of significant heritage value may require permits to prevent trafficking
Is bringing in souvenirs from travel considered importation?
Yes, bringing souvenirs or personal items back to Canada from your travels is considered importation under Canadian law. Whether you are returning from a vacation or a business trip, any goods you bring across the border are subject to Canada’s import controls and reporting requirements.
The Canada Border Services Agency (CBSA) requires all travelers to declare the goods they are bringing into the country, including gifts, souvenirs, and items purchased abroad.
What are the violations under the EIPA?
Violations under the EIPA include:
- importing controlled goods without a valid permit
- providing false or misleading information such as submitting inaccurate details on permit applications, customs declarations, or supporting documents
- failing to comply with permit conditions
- attempting to import more than the permitted quantity of quota-controlled goods
- disposing of or transferring controlled goods in a manner not permitted by law or your permit
Penalty for violations
Penalties can be severe and may include:
- seizure and forfeiture of goods
- fines can be imposed for non-compliance with amounts based on the severity and nature of the violation
- criminal prosecution
- loss of import/export privileges
The specific penalty will depend on the facts of the case, the nature of the violation, and if it was a first-time or repeat offense.
Agencies concerned with the import control list
Understanding who controls imports and exports in Canada is essential for navigating the country’s complex trade regulations. Several federal agencies work together to enforce import controls and ensure compliance with Canadian law, each with distinct but complementary roles.
Global Affairs Canada
Global Affairs Canada is the primary authority responsible for administering and enforcing the import control list. The agency also oversees the New Export and Import Controls System (New EICS) and the New Export Controls Online (NEXCOL) platform. These are used for submitting permit applications for controlled products.
Global Affairs Canada also has divisions specifically tasked with assessing applications for goods listed in the ICL. Their role is central to the effective operation of import controls Canada-wide.
Canada Border Services Agency (CBSA)
The Canada Border Services Agency (CBSA) has the frontline role in enforcing import controls at the border. CBSA officers inspect shipments, verify documentation, and ensure that all imports comply with the law. CBSA is also responsible for collecting duties and taxes and making sure that prohibited goods do not enter the country.
CBSA works with Global Affairs Canada to verify that importers have the necessary permits for controlled goods. If a shipment includes items on the ICL but without the required documentation, CBSA can refuse entry to those goods.
Other relevant agencies
Depending on the type of goods being imported, other federal agencies may also be involved in import controls in Canada:
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Canadian Food Inspection Agency (CFIA) - in case of import of food, plants, animals, and related products
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Environment and Climate Change Canada - regulates the import of goods that may impact the environment, such as hazardous chemicals or endangered species
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Health Canada - manages the importation of pharmaceuticals, medical devices, and consumer products to protect public health
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Canada Energy Regulator – in matters relating to the import and export of energy
These agencies collaborate to create a system of checks and balances. For example, Global Affairs Canada sets the policy and issues permits while CBSA enforces those policies at the border. Other agencies provide specialized expertise for specific categories of goods.
Here’s an overview of the process when importing goods in Canada:
Read next: Laws to know when importing goods into Canada for resale
Practical considerations for importers
International trade lawyers play an important role in making sure that an importing business stays on the right side of the law. Here are just some of the things the best international trade regulation lawyers in Canada can do for importers:
Compliance before importing
An international trade lawyer can help determine if the goods are controlled. This is done by looking through the import control list or the Harmonized System (HS) codes. They can also help interpret legal requirements and notices from Global Affairs Canada.
Risk assessment is also part of the compliance process. Legal counsels can identify potential red flags like goods subject to anti-dumping duties or quota restrictions. They can advise on how to address them before problems arise.
Record-keeping requirements
Proper documentation can make or break an import business. Cross-border lawyers can help ensure that records are retained for the legally required period. They can also assist when preparing for audits or inspections. Often, cross-border lawyers help in harmonizing different laws to meet the requirements of the receiving country.
Staying informed
With frequent updates to the import control list and related regulations, a dedicated team is often necessary. You’d want legal professionals who stays informed about notices from Global Affairs Canada. They can also verify every shipment to make sure it doesn’t fall under the import control list.
More importantly, lawyers can help plan ahead. This means being able to anticipate changes and quickly recommend changes to comply with new regulations. This is especially true in the case of quota changes when importing certain goods.
Beyond import control list
Staying informed about updates to the import control list is just one step in guaranteeing compliance. For complex or high-risk goods, consult an international trade lawyer or reach out to Global Affairs Canada for guidance. Make it a habit to review notices to importers and regulatory changes regularly.
Visit our Legal FAQ page for more answers to common questions and up-to-date guidance on Canadian import controls.