Faster updates to Canada's Export Control List

Summary#

This is the Order Amending the Export Control List: SOR/2021-121. It changes how Canada keeps the Export Control List up to date by letting updates to A Guide to Canada's Export Control List and the multilateral regime lists take effect without a new regulation. The Order was published in the Canada Gazette on June 23, 2021 and comes into force 30 days after that (on or about July 23, 2021).

What it does#

• Treats the Guide and the lists from multilateral export-control regimes (for example, the Wassenaar Arrangement, the Nuclear Suppliers Group, the Missile Technology Control Regime, and the Australia Group) as “as amended from time to time.” That means future annual updates will take effect after the updated Guide is published, without needing a formal amendment to the regulation.
• Requires changes to come into force 30 days after the updated Guide is published by Global Affairs Canada, giving exporters a short notice period.
• Makes two kinds of Canadian-specific rules explicit in the schedule so they remain clear when the Guide is updated:
  • Firearms rules that differ from the Wassenaar Munitions List, including controls tied to the Canadian Criminal Code and items governed by the Inter‑American Convention (CIFTA), and thresholds such as 152.4 m/s muzzle velocity or 5.7 joules muzzle energy.
  • Certain nuclear-related clarifications and exemptions, for example items containing four grams or less of uranium in sensing components, alloys with less than 5% thorium, and other specified small-quantity or non-nuclear uses.
• Removes an old reference to a bilateral arrangement dated December 24, 1992 that is no longer used in applying Group 7 controls.
• Does not change the export-permit process itself or broaden Canada’s controls beyond what Canada has already agreed to in the international regimes.

Who's affected#

• Exporters of military, dual-use, nuclear, missile-related, chemical and biological items.
• Defence and related manufacturing companies, including small and medium-sized enterprises; the government notes 485 companies in the defence sector, of which 76% employed fewer than 100 people in 2018. Those firms made up about 15% of industry jobs, 12% of sales and under 8% of exports by value.
• Global Affairs Canada, which publishes the Guide and manages permits and consultations.
• Enforcement agencies such as the Canada Border Services Agency and the Royal Canadian Mounted Police, which enforce export controls.
• If it is unclear whether a specific product or company is affected, exporters are advised to check the updated Guide or contact Global Affairs Canada.

Why it matters#

• It makes Canada’s export controls more responsive to international decisions. That reduces the chance that items newly identified as sensitive by multilateral partners could be exported from Canada before domestic law reflects those decisions.
• It aims to keep Canadian exporters on a level playing field with exporters in other countries that update lists more quickly.
• It should reduce time and resources spent on repeatedly amending the regulation and let government focus on enforcement and outreach.
• Exporters get a fixed 30‑day window after Guide publication to adjust before new controls take effect. That matters if a product they export becomes newly controlled and a permit will be needed.