Cannabis in Canada – A Changing Legal Landscape: International Trade
Cannabis, similar to any other commodity, is subject to Canada’s customs laws respecting international trade in goods. However, in the case of cannabis, additional rules apply regarding the fact that trade in cannabis is subject to international agreements or arrangements to which Canada is a party.
In the case of importations of goods, Canada’s Customs Tariff, Customs Act, and Export and Import Permits Act are the primary regulatory statutes. An importer is required to satisfy certain notification, reporting, release and accounting obligations in order to import goods into Canada. The importer must also have a business number and import account. This is in addition to any licences and/or import permits that the importer may be required to apply for/obtain from the Canada Border Services Agency (CBSA), Global Affairs Canada (GAC), Health Canada, Canadian Food Inspection Agency (CFIA) or other regulatory agencies or bodies. In the case of exportations of goods, Canada’s Customs Act and Export and Import Permits Act are the primary regulatory statutes. An exporter is required to satisfy certain export reporting requirements under the Customs Act and must ensure that any export permits necessary for the exportation of the goods are obtained from GAC or other relevant regulatory agency or body.
In the case of exports, the exporter should also confirm that the goods are not being shipped or that there are no dealings with sanctioned countries, individuals or entities under Canada’s Special Economic Measures Act, United Nations Act or any other sanctions-related acts and associated regulations. The exporter must also have a business number and exporter account. This is in addition to any licences and/or export permits that the exporter may be required to apply for/obtain from the CBSA, GAC, Health Canada, CFIA or other regulatory agencies or bodies. The exporter must also ensure that the cannabis being exported may lawfully be imported into the destination jurisdiction and that any approvals, licences, permits or other requirements are satisfied.
