Basic information
Outline of the 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.
Product coverage
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.
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 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.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
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.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Licensing is effected by the WAPTR made under the WAPPRIITA. 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.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Individual products are not designated in the Act.
Is it possible for the government to abolish the system without legislative approval?
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?
Citizenship and residency are not criteria.
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?
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.
What documents is the importer required to supply with the application?
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.
Window of submission of an application
How far in advance of importation must application for a licence be made?
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.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Not applicable.
Issuing the license
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.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Permits are not issued retrospectively.
Which administrative body is responsible for approving application of licences?
Permit applications are processed by the CITES Authorities of the Department of Environment and Climate Change.
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.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No fees.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
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?
Are the reasons for any refusal given to applicants?
If the criteria have not been met, the applicant will be informed.
Have applicants a right of appeal in the event of refusal to issue a licence?
In such event, the applicant may request reconsideration by providing new information.
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?
Not applicable.
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.
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.
Conditions of licensing
What is the period of validity of a licence? Can the validity 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.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
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.