Chapter 2 : Non-Tariff Measures

 

Objective

 

APEC Economies will achieve free and open trade in the Asia-Pacific Region by :

 

(a)           Progressively reducing non-tariff measures

 

(b)          Ensuring the transparency of APEC economies’ respective non-tariff measures

 

 

Guidelines

 

Each APEC economy will:

 

(a)                 take into account, in the process of progressive reduction of non-tariff measures, intra-APEC trade trends, economic interests and sectors or products related to industries in which this process may have positive impact on trade and on economic growth in the Asia-Pacific region;

 

(b)                ensure that the progressive reduction of non-tariff measures is not undermined by the application of unjustifiable measures; and

 

(c)                 consider extending, on a voluntary basis, to all APEC economies the benefits of reductions and eliminations of non-tariff measures.

 

 

Collective Actions

 

APEC Economies have agreed to take collective actions to help achieve these goals.  These actions are contained in Collective Action Plans (CAPs) which are updated annually.  The current CAP relating to non-tariff measures can be found in the Tariffs and Non-Tariff Measures Collective Action Plan.

 

 

Canada's Approach to Non-Tariff Measures in 2003

 

Canada continues to maintain WTO-consistent non-tariff measures required to protect health, safety, security, or environment, as well as to comply with our obligations under international agreements.

 

Import restrictions and import licensing requirements in Canada are consistent with Canada's obligations under the WTO and support action taken under relevant domestic legislation.  Canada eliminated its quantitative import restrictions in the agricultural and food sectors when it implemented the Uruguay Round agreements.  The Agreement on Agriculture also prohibits minimum import prices.  Canada is committed to the procedures and timing for dismantling restrictions on textile and clothing imports by the end of 2004, as agreed in the WTO Agreement on Textiles and Clothing.

 

Canada's export restrictions and export licensing requirements are consistent with its WTO obligations and support action taken under domestic legislation.  Canada does not maintain any WTO-inconsistent quantitative export restrictions.  Voluntary export restraints are prohibited under the WTO Agreement on Safeguards.  On industrial goods, export subsidies are prohibited under the WTO Agreement on Subsidies and Countervailing Measures.  On agricultural products, the WTO Agreement on Agriculture contains disciplines and reduction commitments.  On July 31, 1995, the Western Grain Transportation Act was eliminated.  By this measure, Canada has eliminated all export subsidies on grains and oilseeds, exceeding its Uruguay Round commitments for export subsidy reductions. 

 

The Export and Import Permits Act (EIPA) provides for the establishment of the Import Control List (ICL), the Export Control List (ECL) and the Area Control List (ACL). The Act sets out the purposes for including goods or countries on these lists. The ICL generally comprises a list of goods, some of which are only controlled for certain countries of origin; all goods contained in this list require an import permit. The ECL is a list of goods only; all goods contained on this list also require an export permit. The ACL is a list of countries for which export permits are required to export any and all goods.

 

ICL products: Textiles and Clothing; Agricultural Products; Steel Products; Weapons and Munitions.

ECL products: Agricultural products: Refined Sugar, Sugar-containing Products and Peanut Butter; Textiles and Clothing; Military, Strategic Dual-use Goods; Nuclear Energy Materials and Technology; Missile, Chemical or Biological Goods of Non-proliferation Concern; Softwood Lumber, Unprocessed Logs and Certain Other Forest Products; Miscellaneous Goods including Goods of U.S.-origin, Roe Herring and Certain Items with Medical Value; and All Goods Destined for Countries on the Area Control List.

 

On 1 January 2003 Canada implemented the LDC market access initiative. This initiative provides duty free and quota free access to imports from 48 of the world's least developed countries (LDCs), with the exception of supply-managed agricultural products (dairy, poultry and eggs). Burma is not eligible from the Least Developed Countries Tariff (LDCT) and will not be eligible for the LDC initiative.

 

Export and Import Controls Bureau:  http://www.dfait-maeci.gc.ca/~
eicb/epd_home.htm

 

For more information, please contact:

Steve Lavergne

Department of Foreign Affairs and International Trade

Steve.Lavergne@dfait-maeci.gc.ca

 

 

 

 

 


 

 

Case Study of an NTM Reduction or Elimination Initiative

 

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Canada’s  Approach to Non-Tariff Measures in 2003

Section

Improvements Implemented Since Last IAP

Current Non-Tariff Measures Applied

Further Improvements Planned

 

Quantitative Import Restrictions/

Prohibitions

 

 

 

Textiles and Clothing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Endangered Species

 

 

 

 

 

 

 

 

 

 

 

 

 

Leaded Gasoline

 

 

 

 

 

 

 

 

 

Firearms amd Weapons

 

 

 

 

 

 

Explosives

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hazardous Waste

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Protection of the Ozone Layer

 

 

 

 

 

 

 

 

 

 

 

     

 

 

Canada is committed to the procedures and timing for dismantling restrictions on textile and clothing imports by the end of 2004, as agreed in the WTO Agreement on Textiles and Clothing (ATC).

 

The ATC requires that any Member who retains the right to use safeguards under Article 6 of the ATC must integrate at least 16% of the volume of its textile and apparel products covered by the ATC at the start of stage one.  At least 17% more must be integrated during stage two, and 18% in stage three. 

 

Canada has gone beyond its ATC obligations with regards to the percentage requirements for these two stages for a cumulative total of 53% of integration. Amongst the several products from which Canada removed import quotas  included most men's and women's blouses and hirts either woven or knit in its second phase and third phase, which are  interest to Canada's APEC partners.

 

To obtain more information, contact:

http://www.dfait-maeci.gc.ca/t
rade/eicb/textile/textiles-en.
asp

Trade Controls Policy Division

Export and Import Controls Bureau

Telephone: 1-613-995-8104   Fax: 1-613-996-0612

Email: epm@dfait-maeci.gc.ca

 

 

 

Canada is a Party to the Convention on International Trade in Endangered Species (CITES).  Because thousands of animal and plant species are regulated by this convention, the transportation of endangered species of animals, plants, and their products is restricted and may require the prior issuance of an import permit by Canada and/or an export permit by the country of export.  This restriction also applies to certain animal skins, trophies, and mounted animals. 

 

For further information contact: 

Administrator, Convention on International Trade in Endangered Species, Environment Canada, Canadian Wildlife Service, Ottawa, Ontario, Canada, K1A 0H3, Tel: (819) 994-1528.

 

Leaded gasoline containing more than 5 mg per litre of lead except for certain specific uses is prohibited for importation into Canada under the authority of the Gasoline Regulations pursuant to the Canadian Environmental Protection Act. 

 

For information concerning the application of the Gasoline Regulations, inquiries may be directed to the Chemical Controls Division, Environment Canada, 351 St. Joseph Blvd., Hull, Quebec, Canada, K1A 0H3, Tel: (819) 953-1665.

 

Not all firearms and weapons are allowed to enter Canada.  Any queries about the importation of firearms and weapons should be directed to the regional Customs office where the firearms or weapons are to be imported.

 

For Canada Customs office locations: http://www.ccra-adrc.gc.ca/

 

The importation of explosives is governed by the Explosives Act and Regulations administered by the Department of Natural Resources. The legal definition of explosives includes blasting explosives, detonators, propellants, sporting and industrial cartridges, and all types of fireworks and pyrotechnic devices.  Before an explosive may be imported it must be declared an authorized explosive by the Chief Inspector of Explosives appointed under the Explosives Act.  The process of authorizing an explosive consists of the manufacturer submitting data on the nature and composition of the explosive and on its packaging and markings. Samples are usually required for laboratory examination. A standard testing fee of $771.00 for fireworks, $716.00 for ammunition and up to $2561.00 for blasting explosives and accessories applies.  The criteria for authorization are based on the safety characteristics of the explosive substances or articles during handling, storage, transport and use, and used to confirm that the classification conforms with the recommendations of the Committee of Experts on the Transport of Dangerous Goods as adopted by the Economic and Social Council (ECOSOC) of the United Nations.

 

Canada is a Party to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal as well as the Decision of the Council of the Organization for Economic Cooperation and Development concerning the Control of  Transboundary Movements of Wastes Destined for Recovery Operations, as set out in Annex C(2001)107.  Therefore, the importation of hazardous wastes destined for disposal or recycling in Canada are controlled by Environment Canada under the Export and Import of Hazardous Wastes Regulations which require advance notices of a proposed shipment and the resultant confirmation of acceptance for that shipment.

 

For further information on the controls imposed by the Export and Import of Hazardous Wastes Regulations, queries maybe directed to:  Hazardous Waste Management Division, Office of Waste Management, Environment Canada, 12th Floor, 351 St. Joseph Blvd., Ottawa, Ontario, Canada, K1A 0H3.  Tel:  (819) 997-3377.

 

Canada is a Party to the Montreal Protocol on Substances that Deplete the Ozone Layer, which seeks to limit the production and use of substances which deplete the ozone layer.  Examples of the types of products prohibited from importation under the Ozone-depleting Substances Regulations 1998 are listed below:

-bulk CFCs, Halons, carbon tetrachloride, methyl chloroform and HBFCs

- bulk HCFCs and methyl bromide without a permit

-10 kilograms or less of any CFC contained in pressurized containers

-any products that contains any CFC or is intended to contain any CFC, bromoflurocarbon (BFC), tetrachloromethane (carbon tetrachloride) or 1,1,1-trichloroethane (methyl chloroform);

-plastic foam in which any CFC has been used as a foaming agent

-product and bulk HCFC-141b for use as in industrial cleaning;

-lubricant for use in mining and other such operations;

-the production and the importation of CFC-based metered-dose inhalers (MDIs) containing salbutamol;

-the sale of CFC-based MDIs containing salbutamol;

- the production and importation of CFC-based MDIs containing cortico-steriods, effective January 1, 2004;

- the production and importaion of any other CFC-based MDIs effective Janary 1, 2005;

-pressurized containers that contain 2 kg or less of HCFC (some exemptions apply); and

- plastic foam products in which any HCFC has been used as a foaming agent (except rigid foam).

 

For information concerning the application of the Ozone-depleting Substances Regulations, inquiries may be directed to the Chemical Controls Division, Environment Canada, 351 St. Joseph Blvd., Hulk, Quebec, Canada, K1A 0H3, Tel: (819)953-1665.

 

 

 

Canada's action plan pertaining to textiles quotas is clearly laid-out in the WTO Agreement on Textiles and Clothing.   The ATC sets out specific obligations with regard to implementation during the transition period from 1995 to 2005.  The first specific obligation regarding implementation is integration.  The ATC specifically defines the coverage of the ATC in terms of products that are outside the GATT 1994 rules and that are to be integrated. The second specific obligation is the application of growth rates to the quotas in place. Canada met the ATC’s three stages by integrating more than the 51% volume needed to fulfil its obligations. Canada’s integration includes numerous apparel quotas of interest to its APEC partners.

The final stage of liberalization will take effect on January 1, 2005, with the abolition of the remaining quotas.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proposed amendments to the Ozone-depleting Substances Regulations, 1998, will be published in the Part I of the Canada Gazette in the fall 2003. These proposed amendments will:

- modify the calculations of HCFC allowances to help stakeholders to adapt to the 35% recution in consumpltion (production + importation - exportation) without compromising Canada's international commitment under the Montral Protocol;

- allow for permanent transfers of allowances for HCFCs to reduce the administrative burden to both Environment Canada and stakeholders;

- allow for retirement of allowances for HCFCs, as it already exists in the case of methly bromide allowances;

- prohibit the export of CFCs and Halons, except for destruction or essential purposes, as agreed to in Canada's Strategy to Accelerate the Phase-Out of CFC and Halon Uses and to Dispose of the Surplus Stocks.

 

 

Quantitative Export Restrictions/

Prohibitions

 

 

 

Endangered Species

 

 

Canada is a Party to the Convention on International Trade in Endangered Species (CITES).  Because thousands of animal and plant species are regulated by this convention, the transportation of endangered species of animals, plants, and their products is restricted and may require the prior issuance of an import permit by Canada and/or an export permit by the country of export.  This restriction also applies to certain animal skins, trophies, and mounted animals. 

 

For further information contact: 

Administrator, Convention on International Trade in Endangered Species, Environment Canada, Canadian Wildlife Service, Ottawa, Ontario, Canada, K1A 0H3, Tel: (819) 997-1840.

 

 

     

 

 

Import Levies

 

 

 

     

 

 

Canada does not apply import levies that act as non-tariff measures. The GST/HST is a federal tax payable on goods and services bought in Canada, whether produced domesticall or imported, and does not discriminate between domestic and foreign suppliers. The goods and services tax (GST) is applied at a rate of 7%. Three provinces apply a harmonized sales tax (HST) that combines the GST plus an 8% provincial tax while six other provinces apply a rate between 6-10%.

 

 

     

 

 

Export Levies

 

 

 

Cigarettes

 

Canada does not apply export levies that act as non-tariff measures. As part of a comprehensive strategy to improve the health of Canadians by reducing tobacco consumption, Canada introduced a tobacco tax structure in April 2001 to reduce the incentive to smuggle Canadian-produced tobacco products back into Canada from export markets - the main source of contraband in the past. The main element is a tax that does not discriminate between domestically manufactured and imported tobacco products. This measure is fully compliant with Canada's WTO commitments.

 

 

     

 

 

Discretionary Import Licensing

 

 

 

Agricultural and food products/ Plant and animal health certification

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dairy products; chicken, turkey, eggs and egg products, broiler hatching eggs and chicks; beef and veal; margarine; wheat, wheat products, barley, and barley products

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pork

 

 

 

 

 

 

 

 

 

 

 

 

 

Natural Gas and Ethane

 

 

 

Many agricultural products, including live animals and products of animal origin, meat and poultry, eggs and egg products, dairy products, fresh fruit and vegetables, processed fruit and vegetables, grains, seeds and nuts (for human consumption, propagation or animal feed), plants and plant products (including forest products), fertilizers, soil and growing media, pest control products and animal and plant biologics, are subject to Agriculture and Agri-food Canada legislated requirements.  These measures are maintained in accordance with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures.

 

Animals and Animal Products:  All animals and animal products must be declared to customs at the first point of arrival in Canada.  Health certificates are required to import most live animals and animal products.

Plant Products: All plants and plant products must be declared to Customs at the first point of arrival in Canada.  Phytosanitary certificates are required to import many plant products. 

 

Inquiries should be directed to:

Canadian Food Inspection Agency

(Animal Products or Plant Health Directorate)

59 Camelot Drive

Nepean, Ontario, K1A 0Y9

Tel: (613) 225-2342

Fax: (613) 228-6636

http://www.inspection.gc.ca

 

 

Effective January 1, 1995 (August 1, 1995 for wheat, wheat products, barley, barley products, butter, dry whey, and cream), in compliance with its GATT/WTO commitments, Canada converted its agricultural import controls to a system of tariff rate quotas (TRQs).  Under these TRQs, imports within the TRQ level (i.e. within the access commitment), require a specific import permit issued through the Export and Import Controls Bureau (EICB) in order to benefit from the lower rate of duty, while imports over the quota level, subject to higher rates of duty, may enter under a General Import Permit.  Exceptions to the requirement for a specific import permit are wheat, wheat products, barley, barley products, and fluid milk for personal consumption, which are administered on a first-come, first-served basis.

 

To obtain more information, contact:

http://www.dfait-maeci.gc.ca/~
eicb/agric/agric-e.htm

Trade Controls Policy Division

Export and Import Controls Bureau

Telephone: 1-613-995-8104  Fax: 1-613-996-0612

Email: epm@dfait-maeci.gc.ca

 

 

Since August 1999 pork imported from the European Union in excess of 2,970 metric tonnes is subject to a 100% tariff, imposed in retaliation for the refusal of the European Union to implement WTO dispute settlement findings regarding its ban on Canadian exports of beef produced using growth hormones.

 

To obtain more information, contact:

Trade Controls Policy Division

Export and Import Controls Bureau

Telephone: 1-613-995-8104   Fax: 1-613-996-0612

http://www.dfait-maeci.gc.ca/~
eicb/agric/agric-e.htm

Email: epm@dfait-maeci.gc.ca

 

 

The National Energy Board Act, and the Part VI Regulations made thereunder, control imports of natural gas by pipeline, railway tank cars, and tank trucks or tankers. Imports are authorized by both licences and orders. Licences are issued for large volume and long-term imports while orders are used in the case of small volume and emergency and short-term imports. An application is made to the Board for import authorization. In the case of a licence, the application will be set down for a public hearing. No licence is effective until approved by the Governor-in-Council. The issuance of an import order requires the approval of the Board and does not require a public hearing.

 

 

     

 

 

Automatic Import Licensing

 

 

 

Steel

 

 

Since 1986, most steel products in the range of Harmonized System items 7206-7317 from all countries require an import permit. The permits are available online from Foreign Affairs and International Trade Canada in 15 minutes and do not restrain the quantity or price or other aspects of steel imported into Canada in any way. The purpose of the steel import monitoring system is to provide up-to-date statistics in circumstances where dumping and subsidizing of steel is still widespread in world markets. 

 

Steel products imported into Canada have been subject to automatically dispensed import permits for statisical monitoring purposes since 1986. The current program, administered by Foreign Affairs and International Trade Canada under the Export and Import Permits Act, was last renewed in 2002 for a three year period which expires on August 31, 2005.

 

For additional information, contact:

http://www.dfait-maeci.gc.ca/~
eicb/steel/steel-e.htm

Trade Controls Policy Division

Export and Import Controls Bureau

Telephone: 1-613-995-8358   Fax: 1-613-996-0612

 

 

     

 

 

Discretionary Export Licensing

 

 

 

Sugar, sugar-containing products and peanut butter exports to the United States

 

 

Sugar, sugar-containing products, and peanut butter were added to the Export Control List, pursuant to the Export and Import Permits Act (EIPA), in order to ensure the orderly export marketing of these products to the United States.  These products are subject to tariff rate quotas established by the United States in 1995.

 

For additional information, contact:

Trade Controls Policy Division

Export and Import Controls Bureau

Telephone: 1-613-995-8104   Fax: 1-613-996-0612

http://www.dfait-maeci.gc.ca/~
eicb/agric/agric-e.htm

Email: epm@dfait-maeci.gc.ca

 

 

     

 

 

Voluntary Export Restraints

 

 

 

     

 

 

Canada has no measures to report.

 

     

 

 

Export Subsidies

 

 

 

     

 

 

In keeping with its obligations under the WTO Agreement on Subsidies and Countervailing Measures, Canada does not maintain any export subsidies.

 

 

     

 

 

Minimum Import Prices

 

 

 

     

 

 

Canada does not impose any minimum import prices.

 

 

     

 

 

Other Non-Tariff

Measures Maintained

 

 

 

     

 

 

Canada has no additional measures to report.

 

 

     

 



Improvements in Canada's Approach to Non-Tariff Measures since 1996

Section

Position at Base Year (1996)

Cumulative Improvements Implemented to Date

 

General Policy

Position

 

 

 

Canada maintains WTO-consistent non-tariff measures required to protect health, safety, security, or environment, as well as  to comply with our obligations under international agreements.

 

Import restrictions and import licensing requirements in Canada are consistent with Canada's obligations under the WTO and support action taken under relevant domestic legislation.  Canada eliminated its quantitative import restrictions in the agricultural and food sectors when it implemented the Uruguay Round agreements.  The Agreement on Agriculture also prohibits minimum import prices.  Canada is committed to the procedures and timing for dismantling restrictions on textile and clothing imports by the end of 2004, as agreed in the WTO Agreement on Textiles and Clothing.

 

Canada's export restrictions and export licensing requirements are consistent with its WTO obligations and support action taken under domestic legislation.  Canada does not maintain any WTO-inconsistent quantitative export restrictions. On July 31, 1995, the Western Grain Transportation Act was eliminated.  By this measure, Canada has eliminated all export subsidies on grains and oilseeds, exceeding its Uruguay Round commitments for export subsidy reductions.  Voluntary export restraints are prohibited under the WTO Agreement on Safeguards.  With the exception of certain primary products, export subsidies are prohibited in the WTO.  On agricultural products, the WTO Agreement on Agriculture contains disciplines and reduction commitments.

 

Export and Import Controls Bureau: 

http://www.dfait-maeci.gc.ca/~
eicb/epd_home.htm

 

 

 

     

 

 

 

Quantitative Import Restrictions/

Prohibitions

 

 

 

Textiles and Clothing: Canada is committed to the procedures and timing for dismantling restrictions on textile and clothing imports by the end of 2004, as agreed in the WTO Agreement on Textiles and Clothing.

 

The ATC sets out specific obligations with regards to the implementation during the transition period from 1995 to 2005.  The first specific obligation regarding implementation is integration.  The second specific obligation is the application of growth rates to the quotas in place.  The ATC specifically defines the coverage of the ATC in terms of products that are outside the GATT 1994 rules and that are to be integrated.

 

The ATC requires that any Member who retains the right to use safeguards under Article 6 of the ATC must integrate at least 16% of the volume of its textile and apparel products covered by the ATC at the start of stage one.  At least 17% more must be integrated during stage two.  Canada will meet the ATC’s third stage provisions by integrating a further 18% of its original volume.  The final stage of liberalization will take effect on January 1, 2005, with the abolition of the remaining quotas.

 

To obtain more information, contact:

http://www.dfait-maeci.gc.ca/~
eicb/textile/textiles-e.htm

Trade Controls Policy Division

Export and Import Controls Bureau

Telephone: 1-613-995-8104   Fax: 1-613-996-0612

Email: epm@dfait-maeci.gc.ca

 

Endangered Species: Canada is a Party to the Convention on International Trade in Endangered Species (CITES).  Because thousands of animal and plant species are regulated by this convention, the transportation of endangered species of animals, plants, and their products is restricted and may require the prior issuance of an import permit by Canada and/or an export permit by the country of export.  This restriction also applies to certain animal skins, trophies, and mounted animals. 

 

For further information contact:  Administrator, Convention on International Trade in Endangered Species, Environment Canada, Canadian Wildlife Service, Ottawa, Ontario, Canada, K1A 0H3, Tel: (819) 994-1528.

 

Leaded Gasoline: Leaded gasoline containing more than 5 mg per litre of lead except for certain specific uses is prohibited for importation into Canada under the authority of the Gasoline Regulations pursuant to the Canadian Environmental Protection Act. 

 

For information concerning the application of the Gasoline Regulations, inquiries may be directed to the Commercial Chemicals Branch, Environment Canada, 351 St. Joseph Blvd., Hull, Quebec, Canada, K1A 0H3, Tel: (819) 953-4168.

 

Firearms and Weapons: Not all firearms and weapons are allowed to enter Canada.  Any queries about the importation of firearms and weapons should be directed to the regional Customs office where the firearms or weapons are to be imported.

 

For Canada Customs office locations:

http://www.ccra-adrc.gc.ca/

 

Explosives: The importation of explosives is governed by the Explosives Act and Regulations administered by the Department of Natural Resources. The legal definition of explosives includes blasting explosives, detonators, propellants, sporting and industrial cartridges, and all types of fireworks and pyrotechnic devices.  Before an explosive may be imported it must be declared an authorized explosive by the Chief Inspector of Explosives appointed under the Explosives Act.  The process of authorizing an explosive consists of the manufacturer submitting data on the nature and composition of the explosive and on its packaging and markings. Samples are usually required for laboratory examination. A standard testing fee of $771.00 for fireworks, $716.00 for ammunition and up to $2561.00 for blasting explosives and accessories applies.  The criteria for authorization are based on the safety characteristics of the explosive substances or articles during handling, storage, transport and use, and to confirm that the classification conforms with the recommendations of the Committee of Experts on the Transport of Dangerous Goods as adopted by the Economic and Social Council (ECOSOC) of the United Nations.

 

Hazardous Waste: Canada is a Party to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal as well as the Decision of the Council of the Organization for Economic Cooperation and Development concerning the control of transfrontier movements of wastes destined for recovery operations.  Therefore, the importation of hazardous wastes destined for disposal or recycling in Canada are controlled by Environment Canada under the Export and Import of Hazardous Wastes Regulations which require advance notices of a proposed shipment and the resultant confirmation of acceptance for that shipment.

 

For further information on the controls imposed by the Export and Import of Hazardous Wastes Regulations, contact:  Hazardous Waste Management Division, Office of Waste Management, Environment Canada, 12th Floor, 351 St. Joseph Blvd., Ottawa, Ontario, Canada, K1A 0H3.  Tel:  (819) 997-3377.

 

Protection of the Ozone Layer: Canada is a Party to the Montreal Protocol on Substances that Deplete the Ozone Layer, which seeks to limit the production and use of substances which deplete the ozone layer.  Examples of the types of products prohibited from importation under the Ozone-depleting Substances Regulations No. 1 and Ozone Substances Regulations no. 3 are listed below:

-bulk CFCs

-10 kilograms or less of any CFC contained in pressurized containers

-any products in a pressurized container that contains 10 kilograms or less of any CFC

-plastic foam in which any CFC has been used as a foaming agent

-release agent for molds used in the manufacture of plastic and elastomeric materials

-lubricant for use in mining and other such operations.

     

 

 

Canada has signifcantly and meaningfully liberalized its restraint regime by removing quotas on products of direct interest to exporting countries. During the second phase, Canada removed from quota the following commercially-significant products: tailor collared shirts, rainwear, women & girls' ensembles, women/girls knitted blouses, children's blouses and baby outerwear. In addition, in 1998 we increased by 10% the restraint levels for winter outerwear, over and above what the required growth rates specified in  ATC.

 

On January 1, 2002, Canada integrated a wide range of apparel products for the 3rd phase of the ATC, including women's/girl's/children's suits and ensembles, all knitted and woven shirts, blouses and tops, swimwear, all babywear, and thermal and standard overalls. Quotas were removed from apparel products, irrespective of the material they are made of. None of the partially liberalized quotas, and none of the combined quotas, were readjusted, which will result in a further de facto increase in access to our market.

 

Canada has integrated a cumulative total of 53% of the 1990 import volume of textiles and clothing.

 

 

 

 

 

 

 

On January 15, 2000, Canada amended its Wild Animal and Plant Trade Regulations made under the Wild Animal and Plant Protection and Regulation of International and Interprovicial Trade Act (WAPPRIITA) to exempt certain personal and household effects from the need to obtain permits under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). These amendments are in line with the provisions of the Convention made under Article VII-3 concerning personal and household effects.

 

 

Quantitative Export Restrictions/

Prohibitions

 

 

 

Endangered Species: Canada is a Party to the Convention on International Trade in Endangered Species (CITES).  Because thousands of animal and plant species are regulated by this convention, the transportation of endangered species of animals, plants, and their products is restricted and may require the prior issuance of an import permit by Canada and/or an export permit by the country of export.  This restriction also applies to certain animal skins, trophies, and mounted animals. 

 

For further information contact:  Administrator, Convention on International Trade in Endangered Species, Environment Canada, Canadian Wildlife Service, Ottawa, Ontario, Canada, K1A 0H3, Tel: (819) 997-1840.

 

 

 

On January 15, 2000, Canada amended its Wild Animal and Plant Trade Regulations made under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) to exempt certain peronal and household effects from the need to obtain permits under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). These amendments are in line with the provisions of the Convention made under Article VII-3 concerning personal and household effects.

 

 

Import Levies

 

 

 

Canada does not apply import levies that act as non-tariff measures. The GST/HST is a federal tax payable on goods and services bought in Canada, whether produced domestically or imported, and does not discriminate between domestic and foreign suppliers. The goods and services tax (GST)  is applied at a rate of 7%. Threeprovinces apply a harmonized sales tax (HST) that combines the GST plys an 8% provincial tax while six other provinces apply a rate between 6-10%.

 

 

     

 

 

Export Levies

 

 

 

Canada does not apply export levies that act as non-tariff measures.

 

 

As part of a comprehensive strategy to improve the health of Canadians by reducing tobacco consumption, Canada introduced a tobacco tax structure in April 2001 to reduce the incentive to smuggle Canadian-produced tobacco products back into Canada from export markets - the main source of contraband in the past.  The main element is a tax that does not discriminate between domestically manufactured and imported tobacco products.  This measure is fully compliant with Canada's WTO commitments

 

 

Discretionary Import Licensing

 

 

Plant and animal health certification/Agricultural Products: Many agricultural products, including live animals and products of animal origin, meat and poultry, eggs and egg products, dairy products, fresh fruit and vegetables, processed fruit and vegetables, grains, seeds and nuts (for human consumption, propagation or animal feed), plants and plant products (including forest products), fertilizers, soil and growing media, pest control products and animal and plant biologics, are subject to Agriculture and Agri-food Canada legislated requirements.  These measures are maintained in accordance with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures.

 

Animals and Animal Products:  All animals and animal products must be declared to customs at the first point of arrival in Canada.  Health certificates are required to import most live animals and animal products.

Plant Products: All plants and plant products must be declared to Customs at the first point of arrival in Canada.  Phytosanitary certificates are required to import many plant products. 

 

Inquiries should be directed to:

Canadian Food Inspection Agency

(Animal Products or Plant Health Directorate)

59 Camelot Drive

Nepean, Ontario, K1A 0Y9

Tel: (613) 225-2342

Fax: (613) 228-6636

http://www.inspection.gc.ca

 

Dairy products; chicken, turkey, eggs, broiler hatching eggs and chicks; beef and veal; margarine; and wheat and barley and their products: Effective January 1, 1995 (or August 1, 1995 for wheat, barley and their products, butter, dry whey and cream), in compliance with its GATT/WTO commitments, Canada converted its agricultural import controls to a system of tariff rate quotas (TRQs).  Under these TRQs, imports within the TRQ level (i.e. within the access commitment) require a permit issued through the Export and Import Controls Bureau (EICB) in order to benefit from the lower rate of duty.  Imports over the quota level, subject to higher rates of duty, may enter under a General Import Permit.  Exceptions are wheat, barley, barley products, and fluid milk for personal consumption, which are administered on a first-come, first-served basis.

 

For more information:

http://www.dfait-maeci.gc.ca/~
eicb/agric/agric-e.htm

Trade Controls Policy Division

Export and Import Controls Bureau

Telephone: 1-613-995-8104   Fax: 1-613-996-0612

Email: epm@dfait-maeci.gc.ca

 

Pork: Since August 1999 pork imported from the European Union in excess of 2,970 metric tonnes is subject to a 100% tariff, imposed in retaliation for the refusal of the European Union to implement WTO dispute settlement findings regarding its ban on Canadian exports of beef produced using growth hormones.

 

For more information: http://www.dfait-maeci.gc.ca/~
eicb/pork/pork-e.htm

 

Natural Gas and Ethane: The National Energy Board Act, and the Part VI Regulations made thereunder, control imports of natural gas by pipeline, railway tank cars, and tank trucks or tankers. Imports are authorized by both licences and orders. Licences are issued for large volume and long-term imports while orders are used in the case of small volume and emergency and short-term imports. An application is made to the Board for import authorization. In the case of a licence, the application will be set down for a public hearing. No licence is effective until approved by the Governor-in-Council. The issuance of an import order requires the approval of the Board and does not require a public hearing.

 

 

     

 

 

Automatic Import Licensing

 

 

 

Steel products imported into Canada have been subject to automatically dispensed import permits for statistical monitoring purposes since 1986. The current program, administered by Foreign Affairs and International Trade Canada under the Export and Import Permits Act, will expire August 31, 2002, but may well be renewed if conditions of widespread dumping and subsidizing of steel products continue in world markets.

 

For additional information:

http://www.dfait-maeci.gc.ca/~
eicb/steel/steel-e.htm

Trade Controls Policy Division

Export and Import Controls Bureau

Telephone: 1-613-995-8358   Fax: 1-613-996-0612

 

 

The current program, administered by Foreign Affairs and International Trade Canada under the Export and Import Permits Act, was last renewed in 2002 for a three year period which expires on August 31, 2005.

 

 

Discretionary Export Licensing

 

 

 

Sugar, sugar-containing products, and peanut butter exports to the United States of America were added to the Export Control List pursuant to the Export and Import Permits Act (EIPA), in order to ensure the orderly export marketing of these products that are subject to limitations imposed by the United States in 1995.

 

For additional information, contact:

http://www.dfait-maeci.gc.ca/~
eicb/agric/agric-e.htm

Trade Controls Policy Division

Export and Import Controls Bureau

Telephone: 1-613-995-8104   Fax: 1-613-996-0612

 

Natural Gas and Ethane: The National Energy Board Act, and the Part VI Regulations made thereunder, control imports of natural gas by pipeline, railway tank cars, and tank trucks or tankers. Imports are authorized via both licences and orders. Licences are issued for large volume and long-term imports while orders are used in the case of small volume and emergency and short-term imports. An application is made to the Board for import authorization. In the case of a licence, the application will be set down for a public hearing. No licence is effective until approved by the Governor-in-Council. The issuance of an import order requires the approval of the Board and does not require a public hearing.

 

 

     

 

 

Voluntary Export Restraints

 

 

 

Canada has no measures to report.

 

 

     

 

 

Export Subsidies

 

 

 

In keeping with its oblications under the WTO Agreement on Subsidies and Countervailing Measures, Canada does not maintain any export subsides.

 

 

     

 

 

Minimum Import Prices

 

 

 

Canada does not impose any minimum import prices.

 

 

     

 

 

Other Non-Tariff

Measures Maintained

 

 

 

 Canada has no additional measures to report.