Basic information
Outline of the system
A permit to import outlines phytosanitary conditions which must be met prior to export from the country of origin, during export and upon arrival in Canada. These conditions are required to prevent the introduction or spread within Canada of plant pests.
Product coverage
In accordance with Section 31 of the Plant Protection Regulations and pursuant to the Plant Protection Act, a prospective importer must apply in writing for an import permit. According to section 32 and section 43 of the Plant Protection Regulations, the Minister of Agriculture and Agri Food, on the basis of a pest risk assessment, may issue a permit for the importation of a thing that is either a plant pest, constitutes or could constitute a biological obstacle to the control of a plant pest or is/could be infested with either a plant pest or a biological obstacle to the control of a plant pest if, the Minister determines that every precaution necessary can and will be taken to prevent the introduction into Canada or the establishment and spread within Canada of a plant pest or biological obstacle to the control of a plant pest.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The permit system is not intended to restrict the quantity or value of imports. The purpose of the import permit system is to ensure that plant pests, plants and plant products and other articles regulated under the Plant Protection Act and Regulations imported in Canada conform to Canada's plant protection phytosanitary import requirements. The permit system is one measure used to reduce the risk of introduction into and spread in Canada of pests injurious to plants.
Questions for products under restriction as to the quantity or value of imports
There are no quantitative or value limits on the importation of products from other countries.
The system applies to products originating from which country?
The system applies to plant pests (e.g., pathogens, insects, weeds, molluscs), plants and plant products and any other article whose importation into Canada is regulated under the Plant Protection Act and Regulations.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The permit system is legislated and regulated under the Plant Protection Act and the Plant Protection Regulations. The permit system is statutorily required.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The determination that a product needs a permit is based on the assessment of the phytosanitary risk it poses.
Is it possible for the government to abolish the system without legislative approval?
Lastly, it is not possible for the government to abolish the system without a regulatory amendment.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
An applicant for a Permit to Import must be one of the following: 1) a Canadian citizen or permanent resident; 2) a person authorized under the laws of Canada to reside in Canada for a period of six months or more and who will have possession, care or control of the thing to be imported; or 3) in the case of a corporation with a place of business in Canada, the applicant must be an agent or officer of the corporation who resides in Canada.
Note: The CFIA will not accept applications for Permits to Import submitted by brokerage firms on behalf of their clients. The actual Canadian importer (person/company) must submit the application.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
An application for a permit shall be in writing, signed and dated by the person applying for the permit and contain the following information:
(a) The name, complete address and telephone number of the person;
(b) The name, complete address and telephone number of the owner of the thing to be imported, if different from paragraph (a);
(c) The name and complete address of the exporter;
(d) A description and the common and scientific names of the thing;
(e) The quantity of the thing;
(f) The purpose for which the thing is to be admitted into Canada;
(g) The place of entry and the location of the place of destination of the thing in Canada;
(h) The country and place where the thing was propagated or produced, and the country and place from which it was shipped to Canada;
(i) The number of packages, if sent by mail or courier service; and
(j) Any other information respecting any activity undertaken in respect of the thing, or the precautions that will be taken to prevent the spreading of any pest or biological obstacle to the control of a pest while the thing is transported, as the Minister may require.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
An importer must obtain a valid import permit prior to importation.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No, there are no limitations as to the period of the year in which an application for a permit to import can be submitted.
Issuing the license
Can a licence be granted immediately on request?
No. An application cannot be granted immediately upon request as it must be subject to a pest risk review.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Once application for a permit is made with all required information and a review of the application has been completed, the CFIA will endeavour to issue a Permit to Import between five to ten business days (subject to change).
The Canadian Food Inspection Agency will not issue an import permit for regulated commodities that have already arrived in Canada. This is because an import permit is not retroactive.
Which administrative body is responsible for approving application of licences?
Yes. All applications for a permit to import are sent to and approved by one administrative body. All applications are sent to the Centre of Administration, Regulatory Permissions and Registration Division, National Service Centres Directorate of the Canadian Food Inspection Agency.
Note: The Centre of Administration of the Canadian Food Inspection Agency delivers and coordinates the full range of operational administrative services required for import related permissions under this section (http://inspection.gc.ca/about-the-cfia/permits-licences-and-approvals/en...).
Must the applications be passed on to other organs for visa, note or approval?
However, some commodities may be regulated by other governments departments and may be subjected to other requirements.
Are there any other conditions attached to the issue of a licence?
The issuance of an import permit is only subject to the provisions of the Plant Protection Act and Regulations. There may be requirements under other Canadian legislation that also apply.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
Fees for each permit application can range between CAN$15 and CAN$250, depending on the reason for importation and the need for a pest risk assessment.
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment that is required or associated with the issuance of a permit. However, full payment is required before a permit can be issued.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
The plant protection import permit may be refused on the grounds that the plants, plant products or other matter intended for importation will result or is likely to result in the introduction into Canada of a plant pest. A permit can also be refused or revoked if a person has contravened the Act and/or Regulations.
Are the reasons for any refusal given to applicants?
The importer is advised of the refusal or revocation.
Have applicants a right of appeal in the event of refusal to issue a licence?
The Plant Protection Act or Plant Protection Regulations do not prescribe an appeal procedure in cases where a permit is refused or revoked.
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
The documents (e.g., phytosanitary certificate, certificate of inspection, certificate of treatment, certificate of origin, affidavit, etc.) specified on the permit are required at the time of importation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Generally, there are no other administrative procedures apart from the import permit application procedures.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Permits to import are valid for the period of time specified on the permit. The permit to import is valid for multiple shipments and unlimited quantities unless otherwise specified. When a permit has expired, it is the responsibility of the importer to apply for a new permit.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a permit or a portion of a permit
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import permits are not transferable between importers
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.