Wild animals and plants
- Document symbol
- G/LIC/N/3/CAN/22
- Original language
- English
- Published on
- 01/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The Wild Animal and Plant Trade Regulations (WAPTR) is established under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA). It serves for the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to which Canada is a Party. WAPTR contains three Schedules; two of these Schedules (Schedule I and II) list species that are subject to licensing requirements. Schedule I lists species that are listed in one of the three Appendices to the CITES. Schedule II of WAPTR lists species which may be harmful to Canadian ecosystems if ever released into the wild. Schedule III of WAPTR lists species which are recognized as endangered or threatened in Canada. The trade controls under WAPTR apply to live specimens as well as parts and derivative products.
Information on how to comply with the requirements of these controls is published in the Canada Gazette, on the Canada.ca website, in press releases and in Notices to Importers distributed to associations and traders and, in addition, available upon request from the Department of the Environment.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The purpose of this coverage is:
(a) to place a strict controls on trade in specimens of species classified as endangered or harmful to Canadian ecosystems;
(b) to establish a system of trade controls to monitor trade of species that are endangered or species that are susceptible to becoming endangered as a result of international trade; and
(c) to allow individual countries to exercise surveillance on importation in other countries specimens of species which are considered endangered by the exporting country only.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to specimens of endangered species (listed in one of the three Appendices of CITES, which are mirrored in Schedule I of WAPTR), or species harmful to Canadian ecosystems (listed in Schedule II of WAPTR), originating in and exported from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The purpose of the licensing system is to control importation of: i) specimens of species, listed in one of the three Appendices of CITES, under internationally agreed circumstances and; ii) species listed in Schedule II of WAPTR, in the case where there are sufficient safeguards and security to prevent harm to Canadian ecosystems.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Licensing is effected by the WAPTR made under the WAPPRIITA. Individual products are not designated in the Act. Species are placed in Schedule I of the WAPTR, established by the Governor- in-Council to implement an intergovernmental arrangement or commitment (see No. 1 above). In addition, species which may be harmful to Canadian ecosystems if ever released into the wild, are listed in Schedule II of WAPTR and are also subject to licensing requirements.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
When importing a specimen of a species listed in either Appendix II or Appendix III of CITES, no Canadian import permit is required; the permit or certificate issued by the exporting country is sufficient to allow import into Canada. However, when importing a specimen of a species listed in Appendix I of CITES as indicated in Schedule I of the WAPTR, an application for a Canadian import permit should be made at least 35 days prior to the expected date of arrival. Individual import permits for species listed in Schedule II of WAPTR can be applied for at least 70 days prior to the expected date of arrival. Permits are not issued retrospectively.
Q7.b. Can a licence be granted immediately on request?
An individual import permit for species listed in Appendix I of CITES, as indicated in Schedule I of the WAPTR, is normally granted within 35 days from receipt provided the criteria for issuing a permit are met. Import permits can be obtained within a shorter time limit in special circumstances, for instance where live animals are involved. An individual import permit for species listed in Schedule II of WAPTR is normally granted within 70 days from receipt provided the criteria for issuing a permit are met. Import permits for species listed in Schedule II of WAPTR can likewise be obtained within a shorter time limit in special circumstances, for instance where live animals are involved.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Permit applications are processed by the CITES Authorities of the Department of Environment and Climate Change.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
If the criteria have not been met, the applicant will be informed. In such event, the applicant may request reconsideration by providing new information.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Citizenship and residency are not criteria.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The importer is required to provide all the information requested by the Act and regulations depending on the type of animal or plant specimen intended for import. There are many application forms specific to the type of animal or plant specimen and trade activity.
CITES documents issued by the appropriate CITES authorities in the country of origin or in any subsequent re-exporting country, must accompany applications for CITES import permits.
Q11. What documents are required upon actual importation?
Same documents as in the response to Question 10. Specimens of CITES listed species arriving in Canada without a duly authentic CITES export permit will not be cleared by Canada Customs and are subject to seizure. Specimens of species listed in Schedule II of WAPTR must be accompanied by a Canadian permit issued under subsection 10(1) of WAPPRIITA. Specimens of species listed on Appendix I of CITES (as mirrored in Schedule I of the WAPTR) must be accompanied by a Canadian CITES import permit. Customs entry forms are also required.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No fees.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Import permits required under WAPTR are valid for one year from the date of issue. In cases of permit expiration before use, the applicant can apply for a replacement permit upon return of the expired permit.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Applicants for import permits have to meet any provincial/territorial/federal administrative procedures with regards to the specimen such as provisions for possession or transport within Canada.