Canada - Export Permit Modifications

Regulatory requirements for export permit applicants for military and strategic goods and technology, as well as certain forest products, have been updated to increase clarity, align with current operational processes and respond to regulatory scrutiny. The final version of the revised Export Permits Regulations came into effect on June 1, 2023, after a period of public comment and slight modifications for clarity.

Note that the changes to the regulatory text in this initiative do not result in any changes to the application process for export permit applicants for military and strategic goods and technology and for certain forest products. A small number of updates are being made in NEXCOL to provide additional clarity and to be more explicit on certain information requirements.

The Regulations outline the information that permit applicants must provide and the procedures governing the issuance and use of export permits. The changes affect the Regulations related to specific groups and items on the Export Control List, while separate regulations exist for other items.

The amendments were proposed with the goal of aligning the Regulations with current permit application processes and increasing regulatory certainty. Importantly, the updates to the Regulations do not alter the application process itself but provide additional clarity on certain information requirements.

"The updated Regulations should not pose additional burdens on exporters," stated a spokesperson for the Department of Export Controls. "Rather, they will streamline and modernize the process by aligning it with the current practices already in use in our Export Controls Online System (NEXCOL)."

The Department highlighted that key amendments include creating exhaustive lists of information to be furnished by applicants and harmonizing the English and French versions of the Regulations. To further increase clarity, separate sections were created for the Strategic and Military Goods and Technology and the Certain Forest Products categories.

For the Strategic and Military Goods and Technology section, additional document requirements may be requested in some instances, enhancing the Department's assessment capabilities. However, the amendments also remove the need for certain data no longer required in the NEXCOL system.

In addition to refining information requirements, procedural updates were made to reflect the now primarily electronic nature of the export process. Elements related to physical exports and lost permits were removed, while the section concerning permit amendments was modified.

"These amendments modernize our regulatory framework, making it more transparent and efficient for all involved," said the spokesperson. "Our goal is to support Canadian exporters while maintaining robust controls over strategic goods and technology, and certain forest products."

[GOC Release]