Basic information
Outline of the system
The importation of shark fins or parts of shark fins that are not attached to a shark carcass for scientific research purposes is governed by regulations made under the Fisheries Act, which came into force on 21 June 2021.
Subsection 32.1(1) of the Fisheries Act establishes a legislative framework that prohibits attempted or actual import into Canada and export from Canada, any shark fins or parts of shark fins that are not attached to a shark carcass, except in accordance with a permit to conduct these activities. Only the Minister of Fisheries, Oceans and the Canadian Coast Guard can issue these permits for scientific research purposes related to shark conservation and the survival of shark species.
Product coverage
Subsection 32.1(2) of the Fisheries Act has a provision for import permit licensing for shark fins and parts of shark fins that are not attached to a shark carcass to be used for research purposes; products under tariff item numbers 0302.92.00 (fresh or chilled shark fin), 0303.92.00 (frozen shark fin), 0305.71.00 (Dried, salted or smoked shark fins) and 1604.18.00 (Prepared or preserved shark fins) are covered under this licensing system.
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 purpose of this licensing system is to permit the import of fins not attached to a shark carcass for scientific research purposes.
Questions for products under restriction as to the quantity or value of imports
Not applicable in relation to the import permitting licence for shark fins for scientific purposes.
The system applies to products originating from which country?
The licensing system applies to goods originating in and imported from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
See paragraph 1 and 2.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
See paragraph 1 and 2.
Is it possible for the government to abolish the system without legislative approval?
See paragraph 1 and 2.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
There is no system of registration of persons, firms or institutions to engage in importation or exportation.
What persons or firms are eligible to apply for a licence?
Persons, firms and institutions associated with a research institution or recognized international organization that has played an active role in shark conservation are eligible to apply for licences. The eligibility of the applicant would be determined from the supporting documentation received.
Is there a registration fee?
There is no registration fee and no published list of authorized importers.
Is there a published list of authorized importers?
There is no registration fee and no 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?
The applicant must provide details regarding the objectives and protocols related to their research for each planned scientific study that is relevant to the permit being requested. Information on shark fins and/or parts of shark fins (i.e., product description, quantity, weight, etc.) is required with the application, including a rationale for the number of shark fins requested for import and/or export.
The applicant must submit relevant scientific publications that demonstrate that the researchers involved in the proposed research activities have published work that is relevant to shark conservation.
The applicant must submit proof of association with a research institution or recognized international organization that has played an active role in shark conservation during recent years and has developed widely used tools and/or approaches to support shark conservation initiatives; The applicant must describe how the proposed research activities are likely to benefit the survival of shark species or are required to enhance the chances of survival of shark species in the wild; The applicant must explain why the proposed research activities cannot be conducted in the country where the shark fins or parts of shark fins are currently located, and why importing or exporting the shark fins is essential to support the proposed research activities.
The justification must include information on other options that have been considered (i.e., working with a research institution in the country where the shark fins are currently located; using pictures of the shark fins if the objective of the research is to identify species) and why they should not be preferred.
The applicant must provide qualifications for any collaborators or research assistants involved (if applicable) and indicate whether or not they will be working independently from the applicant with the shark fins or parts of shark fins.
What documents is the importer required to supply with the application?
The applicant must submit a document explaining how the shark fins or parts of shark fins will be securely kept and/or disposed of to ensure that they will not be used for purposes other than the described scientific research; and if the applicant previously received a Fisheries Act authorization to import or export shark fins or parts of shark fins, the applicant must provide details that demonstrate proof of incremental progress to advance research on shark conservation or to benefit the survival of shark species in the wild (i.e., proof of publication, research results, statistics).
The latest information on applying for a license can be found on Department of Fisheries and Oceans website at: https://www.dfo-mpo.gc.ca/about-notre-sujet/publications/policy-politiqu....
Window of submission of an application
How far in advance of importation must application for a licence be made?
The service standard for issuing a licence is 35 calendar days so the applicant must apply accordingly.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Time of year has no effect on the issuance of licences or when importation or exportation can occur.
Issuing the license
Can a licence be granted immediately on request?
No.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
There is no expedited process to obtain a licence. If the item is imported without a licence, the applicant risks enforcement action.
Which administrative body is responsible for approving application of licences?
Licence applications are solely issued by the Department of Fisheries and Oceans Canada (DFO) and no other department is involved in the licence issuance.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
No other conditions attached to the issuance of a license whether (a) for products subject to quantitative restriction or (b) for products not subject to quantitative restriction. If not covered by the permit issued in accordance with Section 32.1(2) of the Fisheries Act, all other related products would be covered by Canada's quantitative restrictions related to shark fins.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No.
What is the amount of the fee or charge?
There is no licensing fee or administrative charge for importing shark fin for research licence and for SARA permit.
Is there any deposit or advance payment required associated with the issue of licences?
No.
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 Minister of Fisheries, Oceans and the Canadian Coast Guard retains discretion in issuing permits under s. 32.1(2) of the Fisheries Act and they can make exceptions to these principles. The Minister may also impose any conditions that he or she considers appropriate in a permit issued under s. 32.1(2) of the Fisheries Act, and retains the power to amend, suspend or cancel a permit that has been issued.
Are the reasons for any refusal given to applicants?
Reasons for refusal would be provided to the applicant. DFO would be in contact with the applicant to discuss eligibility, missing information and any other possible issues after permit was applied for and in the review stage and advise the applicant on how to correct the issue(s). If after review, DFO officials recommend the permit not be issued, then officials would advise the applicant of the reasoning behind the refusal.
Have applicants a right of appeal in the event of refusal to issue a licence?
Since the Minister has discretion and the final decision-making power, if the Minister refuses to issue the permit then officials would, in turn, advise the applicant of this decision.
If so, to what bodies and under what procedures?
The final authority for issuing or denying these permits rests with the Minister and there is no formal established appeal procedure. Nonetheless, the applicant can still contact the Minister's office to attempt to have a decision reconsidered.
Importation
Are there any limitations as to the period of year during which importation may be made?
Time of year has no effect on the issuance of licences or when importation or exportation can occur.
What documents are required upon actual importation?
Canadian import permits:
Importers are required under the Customs Act, that information reported to the Canada Border Services Agency (CBSA) must be true, accurate and complete. This means that the scientific or taxonomic names of all sharks and shark products imported must be declared upon entry. Importers must report scientific names of all imported shark species in the commodity description field of Form CI1, Canada Customs Invoice or the commercial invoice, either electronic or paper as per the instructions in Memorandum D1-4-1, CBSA Invoice Requirements, and/or in accordance with the technical requirements, specifications and procedures for electronic data interchange as set out in the Electronic Commerce Client Requirements Document (ECCRD). The latest import process is described in Canada Border Services Agency's Customs Notice 21-02 at: https://www.cbsa-asfc.gc.ca/publications/cn-ad/cn21-02-eng.html
Importers may be required to obtain a Convention on the International Trade of Endangered Species (CITES) permit for the import or export of shark fins if the species is covered by the Convention. A CITES import permit is issued by Environment and Climate Change Canada (ECCC), who issue import permits for all species. Applicants may also be required to obtain a Species at Risk Act (SARA) permit and adhere to any SARA provisions for shark species listed in Canada as extirpated, endangered or threatened. SARA permits for aquatic species are issued by DFO.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A licence is valid for six months from date of issue. A licence cannot be extended. The applicant has to re-apply after the expiration of the licence.
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 licence. The licence would simply expire. Licences can only be used once, so if an applicant used a portion of the licence (fewer items imported than listed on licence) the licence could not be reused for remaining items.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are issued to one specific importer and 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.