Exportation / Importation

• Exportation / Importation - Overview
• The Harmonized Tariff System
• Permits
• Importation into Canada
• Exportation from Canada
• Export Alert!
• Exportation from U.S.A. to Canada
• Exportation from other countries to Canada
• Hazardous Waste - Export and Import

Disclaimer

Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, users are invited to contact their lawyer and/or the appropriate authority.

Exportation / Importation - Overview

Section 14 of the Hazardous Products Act (HPA) places a legal requirement on the Canadian importer of a WHMIS controlled product to obtain or prepare a MSDS and apply a label as a condition of importation. Section 23 of the Controlled Products Regulations (CPR) sets out the requirements for an imported controlled product that is to be labelled or repackaged in Canada. The Canadian importer who imports a controlled product in accordance with subsection 23(1) of the CPR must obtain or prepare a MSDS before the controlled product is used or sold in Canada. An importer who imports a controlled product in accordance with subsection 23(1) must also apply a label to the controlled product or to the container in which the controlled product is packaged:

1. where the controlled product is delivered to the address of the importer for his use or for sale, before the controlled product is used or sold; and
2. where the controlled product is imported to the address of the person to whom the importer has sold the controlled product, before the controlled product is used by that person.

Exportation from Canada falls outside of the scope of the WHMIS MSDS and labelling requirements of the HPA.

Documents required for exportation / importation may vary according to the country of destination and the type of product being shipped and can include the following:

• bill of lading;
• certificate of origin / NAFTA Certificate of Origin;
• commercial invoice;
• consular invoice;
• import license;
• insurance certificates;
• letter of no objection;
• packing list;
• supplier's declaration of conformity;
• shipper's export declaration.

The Harmonized Tariff System (HTS)

The HTS assigns a number to each product that is traded internationally to insure that customs officers around the world are referring to the same thing when classifying a product. The HTS number refers to a six digit product-specific code. All countries adhering to the HTS use the same six digit code for each product. Each country, however, can assign its own additional numbers. The HTS number is needed to complete the Shipper's Export Declaration; the HTS number must appear on all shipping documents, including certificates of origin; and, the HTS number is needed to determine whether a product qualifies for a preferential tariff under the North American Free Trade Agreement.

Export and Import Permits

The  Trade Controls & Technical Barriers Bureau (TCTBB) is responsible for administering the Export and Import Permits Act (EIPA) which was first enacted in 1947. The EIPA delegates to the Minister of Foreign Affairs (referred to as "the Minister") wide discretionary powers to control the flow of goods contained in specified lists provided for under the Act. The Bureau authorizes, under the discretion of the Minister of Foreign Affairs, the import and export of goods restricted by quotas and/or tariffs. It also monitors the trade in certain goods and ensures the personal security of Canadians and citizens of other countries by restricting trade in dangerous goods and other materials.

Importation Into Canada

General - General information on the documents required for importation into Canada can be accessed from  Industry Canada's Canadian Business Service Centres' website. Click on "Import" in the "Federal Only Search" window. As set out in Section 14 of the Hazardous Products Act, it is the Canadian importer who has the legal obligation to respect the MSDS and labelling requirements set out in this Act and the associated Controlled Products Regualtions (CPR).

Pre-market notification: As specified in section 23 of the CPR, the importer of a WHMIS controlled product that is to be labelled or repackaged in Canada must provide a statement to an inspector in each province into which the controlled product is imported.

Pre-market approval: such approval is not required for WHMIS controlled products.

Exportation From Canada To Other Countries

General information on the documents required for exportation from Canada can be accessed from  Industry Canada's Canadian Business Service Centres' website.

Exportation from Canada falls outside of the scope of the WHMIS MSDS and labelling requirements of the Hazardous Products Act. Exporters should be aware that a number of jurisdictions including the United States and Europe have adopted hazard communication systems which differ from WHMIS:

United States - The Hazard Communication Standard is administered by the  Occupational Safety and Health Administration of the United States Department of Labour; click on "regulations".

European Communities - Directive 1999/45/EC of the European Parliament and the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations;  Delegation of the European Commission in Canada at (613) 238-6464; http://europa.eu.int/eur-lex/en/lif/dat/1999/en_399L0045.html

Export Alert!

"Export Alert!" is an automated e-mail notification service that helps exporters keep abreast of regulatory proposals in global markets. This service is provided by the Standards Council of Canada (SCC) with the support of the Department of Foreign Affairs and International Trade. This service provides automatic notification of proposed regulatory changes in subscribers specified field of interest; access to full texts of draft regulatory measures; and the opportunity to comment on changes:  Export Alert!

Exportation From U.S.A. To Canada

U.S. Department of Commerce (U.S. Commercial Service) - Export Assistance Centers offer a range of federal and local export programs. Clients receive assistance by professionals from the U.S. Department of Commerce, the U.S. Small Business Administration and other organizations.

The Trade Information Center (TIC) can provide information on all federal government export assistance programs and is operated by the U.S. Department of Commerce's Office of Export Promotion Coordination for the 19 federal agencies comprising the Trade Promotion Coordinating Committee. International trade specialists can be reached on the TIC's toll-free number 1(800) 872-8723 who can guide callers through the export process.

The TIC is open from 8:30 to 5:30, Monday through Friday, Eastern Time. The TIC is located in the  USA Trade Center, Ronald Reagan Building, Room M800, Washington, D.C., 20230. Their web site provides access to a range of trade-related information.

Exportation From Countries Other Than The U.S.A. To Canada

No specific information available at this time on this WHMIS site. Please contact the appropriate consulate.

Hazardous Waste - Export And Import

The Canadian Environmental Protection Act (CEPA) establishes the procedures for applying for, and receiving permission to, export, import or transit hazardous waste, whether destined for disposal or recycling. Any person in Canada who proposes to export or import hazardous waste must provide to the Transboundary Movement Division (TMD) of Environment Canada a notice of export or import.

The Export and Import of Hazardous Wastes Regulations, under CEPA, specify the conditions that must be met before consent can be granted through a letter to proceed. Each shipment must also be accompanied by a manifest.

 Users Guides are available from the Transboundary Movement Division, Environment Canada's Web site, by phone at (819) 997-3377, or by facsimile at (819) 997-3068. You may visit the  Export and Import of Hazardous Wastes' web site

For more information, contact the Environmental Protection Publications Centre, Environment Canada at:

(613) 953-5921 or
(613) 953-5750 or
by facsimile (819) 953-7253.