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2nd Session, 37th Parliament,
51 Elizabeth II, 2002
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House of Commons of Canada
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BILL C-14
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An Act providing for controls on the export,
import or transit across Canada of rough
diamonds and for a certification scheme
for the export of rough diamonds in order
to meet Canada's obligations under the
Kimberley Process
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| Preamble
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WHEREAS the Kimberley Process
establishes minimum requirements for an
international scheme of certification for rough
diamonds with a view to breaking the link
between armed conflict and the trade in rough
diamonds;
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AND WHEREAS Canada is a participant in
the Kimberley Process;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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| Short title
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1. This Act may be cited as the Export and
Import of Rough Diamonds Act.
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| Definitions
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2. The following definitions apply in this
Act.
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``Canadian
Certificate''
« certificat
canadien »
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``Canadian Certificate'' means a Kimberley
Process Certificate issued by the Minister
under paragraph 9(1)(a).
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``in transit''
« en transit »
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``in transit'', in respect of rough diamonds,
means from a place outside Canada in
transit through Canada to a place outside
Canada.
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``Kimberley
Process''
« processus de
Kimberley »
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``Kimberley Process'' means the international
understanding among participants that was
recognized by Resolution 55/56 adopted by
the General Assembly of the United
Nations on December 1, 2000, as that
understanding is amended from time to
time.
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``Kimberley
Process
Certificate''
« certificat du
processus de
Kimberley »
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``Kimberley Process Certificate'' means a
document, issued by a participant, that
certifies that rough diamonds for export or
import or in transit have been handled in a
manner that meets the minimum
requirements of the Kimberley Process.
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``Minister''
« ministre »
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``Minister'' means the Minister of Natural
Resources.
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``participant''
« participant
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``participant'' means a state, international
organization of states or dependent territory
of a state, or a customs territory, named in
the schedule.
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``resident of
Canada''
« résident du
Canada »
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``resident of Canada'' means an individual
who ordinarily resides in Canada or a
corporation that has its head office, or
operates a branch office, in Canada.
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``rough
diamond''
« diamant
brut »
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``rough diamond'' means a diamond that is
unsorted, unworked or simply sawn,
cleaved or bruted, and that falls under
subheading 7102.10, 7102.21 or 7102.31 in
the list of tariff provisions in the schedule to
the Customs Tariff.
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| Amendment
of schedule
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3. The Minister may, by order, amend the
schedule by adding the name of a state,
international organization of states or
dependent territory of a state, or a customs
territory, that participates in the Kimberley
Process or by deleting the name of an entity
that ceases to participate in that Process.
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| Disclosure
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4. For the purpose of administering this Act,
the Minister may disclose any information
received in an application for a Canadian
Certificate or gathered in the course of an
inspection under this Act.
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| Statistics
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5. The Minister may collect, compile and
use statistics respecting Canadian Certificates
and Kimberley Process Certificates
accompanying imports into Canada for
analysis, study or exchange with other
participants. The Minister may publish the
number of such certificates.
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| Delegation of
ministerial
powers, duties
and functions
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6. The Minister may authorize any person,
subject to any terms and conditions that the
Minister may specify, to exercise or perform
on the Minister's behalf a power of the
Minister under any other provision of this Act
except section 3, subsection 7(1) and section
35.
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| Designation
of inspectors
and
investigators
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7. (1) The Minister may designate as an
inspector for the administration of this Act, or
as an investigator for the enforcement of this
Act, any person or class of persons that the
Minister considers qualified.
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| Designation
document
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(2) The Minister must give every person
designated under subsection (1) a designation
document specifying the terms and conditions
of their designation.
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| Requirements
for exporting
rough
diamonds
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8. Every person who exports rough
diamonds must ensure that, on export, they are
in a container that meets the requirements of
the regulations and are accompanied by a
Canadian Certificate.
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| Issuance of
Canadian
Certificate
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9. (1) On receiving an application for a
Canadian Certificate from a resident of
Canada for the export of rough diamonds, the
Minister must
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(a) if the application meets the
requirements of the regulations and of
subsection (2), issue a Canadian
Certificate;
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(b) if the application does not meet the
requirements of the regulations, send a
notice to the applicant containing written
reasons for the deficiency; or
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(c) if the application does not meet the
criteria in subsection (2), reject the
application and send to the applicant
written reasons for the rejection.
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| Criteria
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(2) Before issuing a Canadian Certificate,
the Minister must be satisfied that
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(a) the export is to a participant;
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(b) the information contained in the
application is accurate;
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(c) the rough diamonds in respect of which
the application is made originated in
Canada, were imported from a participant
or were in Canada at the time of the coming
into force of this section; and
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(d) the fees established by the regulations
for the issuance of the certificate have been
paid.
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| Notice of
deficiency
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10. If an applicant who receives a notice
under paragraph 9(1) (b) does not remedy the
deficiency within such time as the Minister
considers reasonable, the Minister may reject
the application.
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| Replacement
certificate
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11. If any information appearing on a
Canadian Certificate is inaccurate or has
changed, the Minister may, on application by
the holder of the certificate made in
accordance with the regulations, issue a
replacement certificate.
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| Invalidation
of Canadian
Certificate
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12. If the Minister determines that
information provided by an applicant in order
to obtain a Canadian Certificate, or
information appearing on the certificate, is
inaccurate or has changed, the Minister may
invalidate the certificate.
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| Reporting
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13. (1) Every person who exports rough
diamonds must report the export to the
Minister in accordance with the regulations.
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| Points of exit
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(2) Every person who exports rough
diamonds must do so at a point of exit
designated under the regulations, if any.
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| Requirements
for importing
rough
diamonds
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14. Every person who imports rough
diamonds must ensure that, on import, they
are in a container that meets the requirements
of the regulations and are accompanied by a
Kimberley Process Certificate that
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(a) was issued by a participant;
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(b) has not been invalidated by the
participant; and
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(c) contains accurate information.
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| Return of
imported
rough
diamonds
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15. (1) If imported rough diamonds arrive in
Canada accompanied by a Kimberley Process
Certificate that meets the requirements of
section 14 but are in a container that has been
opened, the Minister may order the person
who imported the rough diamonds to return
them to the participant who issued the
certificate.
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| Exception
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(2) If the Minister orders the return of the
rough diamonds, they may not be seized.
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| Reporting
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16. (1) Every person who imports rough
diamonds must report the import to the
Minister in accordance with the regulations.
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| Point of entry
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(2) Every person who imports rough
diamonds must do so at a point of entry
designated under the regulations, if any.
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| Seizure of
in-transit
rough
diamonds
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17. (1) An investigator may seize in-transit
rough diamonds if they are not accompanied
by a Kimberley Process Certificate or are in a
container that has been opened.
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| Return of
in-transit
rough
diamonds
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(2) The Minister may order in-transit rough
diamonds accompanied by a Kimberley
Process Certificate to be returned to the
participant who issued the certificate if they
arrive in Canada in a container that has been
opened.
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| No seizure in
case of return
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(3) If the Minister orders their return, the
rough diamonds may not be seized.
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Interpreta-
tion
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18. For the purposes of this Act, in-transit
rough diamonds are deemed not to be
imported or exported.
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| Powers
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19. (1) For the purpose of administering this
Act, an inspector may
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(a) enter and inspect any place or
conveyance, other than a dwelling-place,
where the inspector has reason to believe
that there are rough diamonds to which this
Act applies or any record, book of account
or other document or data relevant to the
administration of this Act;
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(b) open or cause to be opened any package
or container that the inspector has reason to
believe contains anything referred to in
paragraph (a);
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(c) require any person to present anything
referred to in paragraph (a) for inspection in
the manner and under any conditions that
the inspector considers necessary to carry
out the inspection;
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(d) require any person to present any
document or thing that may serve to
establish the identity of the person or the
origin of the rough diamonds;
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(e) examine rough diamonds or any other
things related to rough diamonds;
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(f) examine any record, book of account or
other document or data that the inspector
has reason to believe contains information
that is relevant to the administration of this
Act and make copies of any of them; and
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(g) take measurements of rough diamonds
and conduct tests or analyses that do not
affect their value.
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| Operation of
computer and
copying
equipment
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(2) In exercising any of the powers referred
to in subsection (1), an inspector may
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(a) use any computer or data processing
system to examine any data contained in or
available to the computer or system;
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(b) reproduce any record from the data, in
the form of a printout or other intelligible
output, and remove the printout or other
output for examination or copying; and
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(c) use any equipment at the place to make
copies of any electronic data or any record,
book of account or other document.
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| Stopping a
conveyance
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20. An inspector may stop a conveyance or
direct that it be moved to a place where an
inspection may be carried out if the inspector
has reason to believe that it contains rough
diamonds to which this Act applies or any
record, book of account or other document or
data that is relevant to the administration of
this Act.
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| Production of
designation
document
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21. When exercising their powers under this
Act, inspectors must, on request, show their
designation document.
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| Duty to assist
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22. The owner or person in charge of a place
or conveyance that is entered by an inspector
and every person found there must give the
inspector all reasonable assistance to enable
the inspector to exercise his or her powers and
carry out his or her duties and provide the
inspector with any information relevant to the
administration of this Act that the inspector
requires.
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