Order Amending the Export Control List (Arms Trade Treaty): SOR/2019-223

Canada Gazette, Part II, Volume 153, Number 13

Registration
SOR/2019-223 June 17, 2019

EXPORT AND IMPORT PERMITS ACT

P.C. 2019-799 June 16, 2019

Whereas the Governor in Council deems it necessary to control the export of goods and technology to ensure that arms, ammunition, implements or munitions of war, naval, army or air stores or any articles deemed capable of being converted into those things or made useful in the production of those things or otherwise having a strategic nature or value will not be made available to any destination where their use might be detrimental to the security of Canada and to implement an intergovernmental arrangement or commitment;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraphs 3(1)(a) and (d) and section 6 ^{footnote a} of the Export and Import Permits Act ^{footnote b}, makes the annexed Order Amending the Export Control List (Arms Trade Treaty).

Order Amending the Export Control List (Arms Trade Treaty)

Amendments

1 Paragraph 2(b) of the Export Control List ^{footnote 1} is replaced by the following:

• (b) goods and technology referred to in Groups 3, 4 and 9 of the schedule and goods and technology set out in items 2-1, 2-2.a., 2-2.b., 2-3, 2-4.a., 6-1, 6-2, 7-3 and 7-13 of the Guide that are intended for export to any destination;

2 The schedule to the List is amended by adding the following after Group 7:

GROUP 9

Arms Trade Treaty

The goods referred to in items 9-1 to 9-9, whether or not included elsewhere in this List, the export of which Canada has agreed to control in accordance with its obligations under the Arms Trade Treaty.

9-1 Battle tanks that are tracked or wheeled self-propelled armoured fighting vehicles weighing at least 16.5 t unladen, with a direct fire main gun of at least 75 mm calibre.

9-2 Armoured combat vehicles as follows:

• (a) tracked, semi-tracked or wheeled self-propelled vehicles with armoured protection and cross-country capability having any of the following characteristics:
  • (i) designed or modified and equipped to transport a squad of four or more infantry soldiers,
  • (ii) armed with an integral or organic weapon of at least 12.5 mm calibre,
  • (iii) equipped with a missile launcher,
  • (iv) equipped with organic technical means for observation, reconnaissance and target indication and designed to perform reconnaissance missions,
  • (v) equipped with integral or organic technical means for command of troops,
  • (vi) equipped with integral or organic electronic and technical means designed for electronic warfare; and
• (b) armoured bridge-launching vehicles.

9-3 Large-calibre artillery systems as follows:

• (a) guns, howitzers, mortars – and artillery pieces that combine the characteristics of a gun or howitzer – that are capable of engaging surface targets by delivering indirect fire and have
  • (i) a calibre of at least 75 mm but not greater than 155 mm, or
  • (ii) a calibre greater than 155 mm;
• (b) multiple-launch rocket systems that are capable of engaging surface targets by delivering indirect fire and have a calibre of at least 75 mm; and
• (c) gun carriers specially designed for towing artillery.

9-4 Military aircraft and related systems as follows:

• (a) manned fixed-wing or variable-geometry wing aircraft that are designed, equipped or modified to
  • (i) engage targets by employing guided missiles, unguided rockets, bombs, guns, cannons or other weapons of destruction, or
  • (ii) perform reconnaissance, command-of-troops, electronic warfare, suppression of air-defence systems, refuelling or airdrop missions;
• (b) unmanned fixed-wing or variable-geometry wing aircraft that are designed, equipped or modified to
  • (i) engage targets by employing guided missiles, unguided rockets, bombs, guns, cannons or other weapons of destruction, or
  • (ii) perform reconnaissance, electronic warfare or suppression of air-defence systems missions; and
• (c) systems for the control and receiving of information from the unmanned aircraft referred to in paragraph (b).

9-5 Military helicopters and related systems as follows:

• (a) manned rotary-wing aircraft that are designed, equipped or modified to
  • (i) engage targets by employing guided or unguided anti-armour, air-to-surface, air-to-subsurface or air-to-air weapons for which the aircraft are equipped with an integrated fire control and aiming system, or
  • (ii) perform reconnaissance, electronic warfare, target acquisition (including anti-submarine warfare), communications, command-of-troops or minelaying missions;
• (b) unmanned rotary-wing aircraft that are designed, equipped or modified to
  • (i) engage targets by employing guided or unguided anti-armour, air-to-surface, air-to-subsurface or air-to-air weapons for which the aircraft are equipped with an integrated fire control and aiming system, or
  • (ii) perform reconnaissance, electronic warfare or suppression of air-defence systems missions; and
• (c) systems for the control and receiving of information from the unmanned aircraft referred to in paragraph (b).

9-6 Vessels and submarines that are armed and equipped for military use and that

• (a) have a standard displacement equal to or greater than 150 t; or
• (b) have a standard displacement of less than 150 t and are equipped for launching missiles or torpedoes with a range of 25 km or greater.

9-7 (1) Missiles and missile launchers, as follows:

• (a) guided or unguided rockets and ballistic or cruise missiles that are capable of delivering a warhead or weapon of destruction to a range of 25 km or greater;
• (b) launchers that are specially designed or modified for launching the missiles or rockets referred to in paragraph (a), if not included in any of items 9-1 to 9-6; and
• (c) man-portable air-defense systems (MANPADS).

(2) Paragraph (1)(a) includes remotely piloted vehicles that have the characteristics of the missiles or rockets described in that subsection.

9-8 (1) Small arms that are destined for police or military end-use by individual members, as follows:

• (a) handguns that
  • (i) are automatic or converted automatic in function,
  • (ii) are semi-automatic in function, or
  • (iii) are revolvers;
• (b) rifles other than those specified in paragraph (d);
• (c) submachine guns that are automatic or converted automatic in function;
• (d) assault rifles that are automatic or converted automatic in function; and
• (e) light machine guns that
  • (i) are automatic or converted automatic in function, and
  • (ii) have a calibre of 12.7mm or less,

(2) Subsection (1) does not include

• (a) firearms that are specially designed for dummy or blank ammunition and are incapable of discharging a projectile or marking cartridges;
• (b) firearms that are specially designed for marking or for force-on-force type training ammunition;
• (c) firearms that are specially designed to launch tethered projectiles having no high-explosive charge or communications link to a range of 500 m or less; or
• (d) antique firearms as defined in subsection 84(1) of the Criminal Code.

9-9 (1) Light weapons destined for use by individual members of armed or security forces or by several members serving as a crew and delivering primarily direct fire as follows:

• (a) heavy machine guns, other than the grenade launchers specified in paragraph (b), that
  • (i) are automatic or converted automatic in function, and
  • (ii) have a calibre greater than 12.7 mm;
• (b) hand-held grenade launchers, under-barrel-mounted grenade launchers and mounted grenade launchers;
• (c) portable anti-tank guns;
• (d) recoilless rifles;
• (e) portable anti-tank missile launchers and rocket systems; and
• (f) mortars that have a calibre less than 75 mm.

(2) Subsection (1) does not include antique firearms, as defined in subsection 84(1) of the Criminal Code.

Coming into Force

3 This Order comes into force on the day on which section 6 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, comes into force, but if it is registered after that day, it comes into force on the day on which it is registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2019-220, The Brokering Control List.