Effective 30 December 2018, the Comprehensive and Progressive agreement for Trans-Pacific Partnership (CPTPP) entered into force. Consistent with its commitments, Canada introduced 16 new plurilateral TRQs for dairy products and 4 for poultry products. Canada is implementing all CPTPP TRQs using interim allocation policies and expects to implement final allocation policies for the 2022 TRQ year.

Effective 1 July 2020, the Canada-United States-Mexico Agreement (CUSMA) entered into force, replacing the NAFTA. Consistent with its commitments, Canada introduced 16 new bilateral TRQs with the United States: 14 for dairy and two for poultry and egg products. Canada is implementing all CUSMA TRQs using interim allocation policies and expects to implement final allocation policies for the 2022 TRQ year.

Effective 1 April 2021, the Canada-UK Trade Continuity Agreement (Canada-UK TCA) entered into force. This agreement provides that the United Kingdom, and other beneficiaries of the Canada-UK TCA, continue to receive the same tariff treatment as was provided in CETA.

Canada has initiated a comprehensive review of Canada's supply managed tariff rate quotas (TRQs), including all of Canada's dairy and poultry TRQs and covering all aspects of TRQ allocation and administration.

Chicken, turkey, egg and egg products, and broiler hatching eggs and chicks remain on the Import Control List, established under the Export and Import Permits Act. Effective 1 January 1995, existing import controls on these products were replaced with TRQs.

Imports of chicken and chicken products, turkey and turkey products, eggs and egg products and broiler hatching eggs and chicks are subject to global TRQs and preferential TRQs under the CPTPP and CUSMA. All shipments within the TRQ access are administered using shipment specific permits and previous allocation of import quota, These products were placed on the Import Control List under the authority of Paragraph 5(1)(a) and (b) and Sections 5.3 and 6 of the Export and Import Permits Act.

The system applies to: for global TRQs, goods originating in and imported from all countries; for CPTPP TRQs, goods originating in and imported from CPTPP Parties; and, for CUSMA TRQs, goods originating in and imported from the United States.

The licensing system is used to implement TRQs on chicken and chicken products, turkey and turkey products, eggs and egg products and broiler hatching eggs and chicks in accordance with Canada's commitments under the WTO, the CPTPP and the CUSMA.

Licensing is maintained through regulations under the Export and Import Permits Act. Individual products are not designated in the Act.

An Import Control List has been established by regulation by the Governor-in-Council. The list includes goods, the import of which it is deemed necessary to control for any of the following purposes, namely:

- to ensure, in accordance with the needs of Canada, the best possible supply and distribution of an article that is scarce in world markets or in Canada or is subject to government controls in the countries of origin or to allocation by intergovernmental arrangement;
- to restrict, for the purpose of supporting any action taken under the Farm Products Marketing Agencies Act, the importation in any form of a like article to one produced or marketed in Canada the quantities of which are fixed or determined under that Act;
- to implement any action taken under the Agricultural Marketing Programs Act or the Canadian Dairy Commission Act, with the object or effect of supporting the price of the article;
- to implement an intergovernmental arrangement or commitment; and
- where at any time it appears to the satisfaction of the Governor-in-Council on a report of the Minister made pursuant to an inquiry made under section 20 or 26 of the Canadian International Trade Tribunal Act by the Canadian International Trade Tribunal in respect of any goods, that goods of any kind are being imported or are likely to be imported into Canada at such prices, in such quantities and under such conditions as to cause or threaten serious injury to the production in Canada of like or directly competitive goods, any goods of the same kind may, by order of the Governor-in-Council, be included on the Import Control List in order to limit the importation of such goods to the extent and for the period that, in the opinion of the Governor-in-Council, is necessary to prevent or remedy the injury.

Once an item has been placed on the Import Control List, an import permit, either specific or general, is required by the Act to import such goods into Canada. Specific products can be made subject to either individual licensing or open general licensing by the Minister.

Licensing requirements may be abolished by the Governor-in-Council by removing an item from the Import Control List. Only Parliament can alter or amend the Export and Import Permits Act.

The Minister may also decide to allocate shares of the within-TRQ access for any product in advance. Where this system is used, import permits (licences) are normally issued automatically up to the level of an importer's share.

Information on TRQs and related formalities is published on the Global Affairs Canada website. Some TRQ-specific information is published in the Notices to Importers published individually for each TRQ, and which are available through the same website.

TRQ size and import license allocations are determined on a yearly basis.

If an allocation holder for these products uses less than 90% of its allocation (95% in the case of egg products), the allocation in the next year will be reduced by the percentage of the allocation not utilized in the previous quota year. Allocation not used in one quota year is not available for carry-over to the next quota year.

Individual import permits are required for each shipment at the within-TRQ rates of duty.

Import permits are issued through an on-line automated system either (a) in the offices of customs brokers in major cities across Canada, or (b) at the Permit Operations, Client Services and Reporting Division of Global Affairs Canada in Ottawa. Requests for permits are accepted 30 days prior to the expected date of arrival of the shipment to Canada. Import permits are normally issued with a validity period of 30 days around the date of arrival specified by importers (five days prior to and 24 days after). Utilization of permits for one quota year is not allowed in the next quota year.

Import permits are issued through an on-line automated system either (a) in the offices of customs brokers in major cities across Canada, or (b) at the Permit Operations, Client Services and Reporting Division of Global Affairs Canada in Ottawa. Requests for permits are accepted 30 days prior to the expected date of arrival of the shipment to Canada. Import permits are normally issued with a validity period of 30 days around the date of arrival specified by importers (five days prior to and 24 days after). Utilization of permits for one quota year is not allowed in the next quota year.

Import permits are issued through an on-line automated system either (a) in the offices of customs brokers in major cities across Canada, or (b) at the Permit Operations, Client Services and Reporting Division of Global Affairs Canada in Ottawa. Requests for permits are accepted 30 days prior to the expected date of arrival of the shipment to Canada. Import permits are normally issued with a validity period of 30 days around the date of arrival specified by importers (five days prior to and 24 days after). Utilization of permits for one quota year is not allowed in the next quota year.

Allocation methods vary by TRQ. Please refer to the Notices to Importers referred to in response I for allocation and administration policies for individual TRQs.

A supplementary import policy is in place to allow supplementary imports in certain situations, including market shortages. Supplementary imports may also be authorized for re-export.

Permit applications that are complete and meet the general requirements are not normally refused. If eligibility criteria have not been met (e.g., no quota entitlement) or the application contains errors, the applicant will be informed; in such event the applicant may correct the application or request reconsideration, or the applicant may choose to pay the over-access tariff and import the goods under a General Import Permit, which is automatically applicable.

All residents of Canada are eligible to apply for an allocation, and permits are only granted to allocation holders.

The applicant is required to provide the information requested on the application for an import permit. For certain products, additional information and/or documentation may be required, as indicated in the specific product group responses.

Import permits and normal customs entry forms are required in addition to health certificates as required under the Canada Agriculture Products Act.

Any applicant may directly apply for a permit via customs brokers equipped with authorized computer terminals. Permit fees range from CAN$10.00 to CAN$26.00 (according to the value of the goods). This fee does not cover the cost of any additional services provided by such issuers. Permits may also be requested, by fax, from Global Affairs Canada in Ottawa for which the associated fees range from CAN$15.00 to CAN$31.00 (according to the value of the goods).

No.

Import permits normally have a validity of 30 days. Requests for extension of the validity period submitted prior to the original expiry date are considered on their merits, e.g., supporting documentation outlining extraordinary circumstances that prevented the importation of goods within the time frame of the permit. If a permit has not been used, the importer may apply for its cancellation.

There is no penalty for non-utilization of import permits that are returned for cancellation.

Permits are not transferable between importers.

Under very particular circumstances, special conditions may be attached from time to time.

Additional information required under CETA, CPTPP and CUSMA - Under Annex 2-A of Chapter 2 of the CETA, Canada reserved its right to apply an end-use requirement to imports under the TRQ for industrial cheese; namely, that all imports under this TRQ be used as ingredients for further food processing (secondary manufacturing) imported in bulk (not for retail sale),

Under Appendix A to Chapter 2-D of Chapter 2 of the CPTPP, Canada reserved its right to apply end-use requirements to imports under certain CPTPP TRQs; specifically, that all imports under the TRQ for concentrated milk be for retail sale only; that specified percentages of the TRQs for milk, butter, yogurt and buttermilk be reserved for goods in bulk (not for retail sale) to be processed into ingredients for further food processing (secondary manufacturing).Additionally, that the industrial cheese TRQ be reserved for goods in bulk (not for retail sale) used as ingredients for further food processing (secondary manufacturing); and, that the imports under the TRQ for eggs be used in priority for the importation of eggs for breaking purposes for further food processing (secondary manufacturing).

Under Section A to Appendix 2 of Chapter 2 of the CUSMA, Canada reserved its right to apply end-use requirements to imports under certain CUSMA TRQs; that specified percentages of the milk, cream, and butter and cream powder TRQs, be reserved for goods in bulk (not for retail sale) to be processed into ingredients for further food processing (secondary manufacturing). Additionally, that the entire industrial cheeses TRQ be reserved for goods in bulk (not for retail sale) for further food processing and, that the imports under the TRQ for eggs and egg products be used in priority for the importation of eggs for breaking purposes for further food processing (secondary manufacturing).

Additional information required under CETA, CPTPP and CUSMA - Where Canada allocates shares of the within-TRQ access, obtaining a shipment-specific import licence depends upon having received an allocation in advance. As part of TRQ allocation processes, Canada does not impose any of the following conditions: membership in an industry association; approval by an industry association of the request for an import licence; a minimum importer or end user registered capital; or contractual or other relationship between the importer and a distributor in the Party's territory.