Order Fixing September 1, 2019 as the Day on which that Act Comes into Force: SI/2019-41

Canada Gazette, Part II, Volume 153, Number 13

Registration

SI/2019-41 June 26, 2019

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)

Order Fixing September 1, 2019 as the Day on which that Act Comes into Force

P.C. 2019-795 June 16, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 24 of 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), chapter 26 of the Statutes of Canada, 2018, fixes September 1, 2019 as the day on which that Act comes into force, other than section 20, which came into force on assent.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To fix the day on which 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) [the Act], other than section 20 (which repeals section 26 of the Export and Import Permits Act) comes into force as September 1, 2019.

Objective

Background

The Arms Trade Treaty (ATT) is an international treaty that establishes common standards for the international trade of conventional weapons and seeks to reduce illicit arms trade. It aims to promote accountability and transparency in transfers of conventional arms. Its goal is to ensure that all States have effective export control systems in place. The ATT aims to reduce the widespread availability and misuse of weapons due to poorly regulated arms trade. These weapons are often found in areas of conflict and impact directly on security and development.

The Arms Trade Treaty was negotiated in New York City at a global conference under the auspices of the United Nations (UN) from July 2 to July 17, 2012, and was adopted by the UN General Assembly on April 2, 2013. It entered into force on December 24, 2014. To date, 100 states have ratified and a further 35 states have signed the Treaty.

While Canada participated to the negotiations, and voted in support of the treaty at the UN General Assembly, it did not sign nor ratify ATT. Once the Treaty entered into force, it was no longer possible for Canada to sign it; instead, Canada could now accede to the Treaty. The current government made a public commitment for Canada to do so, and this was reflected in the mandate letters of the Minister of Foreign Affairs.

On June 17, 2016, the Minister of Foreign Affairs tabled the Treaty in the House of Commons for 21 sitting days. The Act was given first reading in the House of Commons on April 13, 2017, and received royal assent on December 13, 2018. Section 24 of the Act specifies that its provisions, with the exception of section 20, will come into force on a date to be set by the Governor in Council.

The Act amends the existing laws (the Export and Import Permits Act and the Criminal Code) in order to implement Canada’s obligations under the Arms Trade Treaty.

Article 7 of the Arms Trade Treaty requires that each party take relevant factors into consideration and apply a “risk test” before authorizing the export of items covered by the Treaty. The Act creates a legal requirement that the Minister of Foreign Affairs take into account the following Arms Trade Treaty assessment criteria for both export and brokering permit applications: the potential that the item would be used to contribute to or undermine peace and security; or that the item could be used to commit or facilitate a serious violation of international humanitarian or human rights law, commit or facilitate terrorism or transnational organized crime, or commit or facilitate serious acts of either gender-based violence or violence against women and children. The Act also creates a substantial risk test, as required by the Treaty.

Article 10 of the Arms Trade Treaty requires parties to take measures to regulate brokering taking place under their jurisdiction. The Act creates controls over the brokering activities of persons and organizations in Canada, and also Canadians abroad (citizens, permanent residents and organizations). For instance, the Act allows for the creation of a Brokering Control List, which lists all items for which a brokering permit is required, and the Brokering Permit Regulations, which sets out the information that an applicant must submit in their application for an individual brokering permit. Upon entry into force of the Act and the related regulations, brokering permits will be required prior to undertaking brokering activities.

Implications

The Act’s coming into force will result in the following impacts:

Consultation

Canadian industry and other stakeholders were extensively consulted before and during negotiations of the Treaty to gauge Canadians’ interests and priorities for the negotiations. Canada’s accession has been generally supported by stakeholders. In addition, these stakeholders were consulted prior to the drafting of the Act, and participated in the hearings of the parliamentary committees that studied the Act in detail. These stakeholders were also consulted once again, after the Act received royal assent, to understand their perspectives on its implementation. Finally, stakeholders, including all Canadians, were given the possibility of sharing their views on the package of proposed Arms Trade Treaty regulations. These consultations took place from March 16 to April 15, 2019. Throughout these numerous exchanges, the views of stakeholders did not evolve significantly from a position of general support for Canada’s accession to the Arms Trade Treaty.

Departmental contact

Judy Korecky
Deputy Director
Export Controls Policy Division
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343‑203‑4332
Email: Judy.Korecky@international.gc.ca