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Exporting electrical and electronic products from Canada

Most consumer electronics leave Canada without an export permit, but anything on the Export Control List needs one from Global Affairs Canada. Encryption is controlled under Category 5, Part 2, with a Cryptography Note that excludes qualifying mass-market products. Re-exported US-made goods fall under item 5400. Restricted goods need a declaration or permit at the border.

Updated · Each section links to the official source it comes from

Export permits
Global Affairs Canada, under the Export and Import Permits Act
Encryption
Export Control List Category 5, Part 2, and its Cryptography Note
US-origin goods
Item 5400, for destinations other than the United States
Classification help
Advisory opinions from Global Affairs Canada
Export declaration
Restricted goods need one for destinations other than the US, whatever their value

Before the goods leave

The questions to answer, in the order they usually come up.

  1. 1Is the product, or the technology with it, on the Export Control List? Read more
  2. 2Does its encryption meet the Cryptography Note for mass-market items? Read more
  3. 3Does it contain US-made goods being re-exported unchanged? Read more
  4. 4Does it meet the destination's requirements and Canadian consumer product law? Read more
  5. 5Is an export declaration or permit needed at the border? Read more
  6. 6Will the importer claim a preferential duty rate? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Dual-use items and encryption

How information security items are treated on the Export Control List, and which consumer products the Cryptography Note takes out of control.

  • Group 1 of the Export Control List is the Dual-Use List; information security systems, equipment and components are in Category 5, Part 2 (item 1-5.A.2.).
  • The Cryptography Note takes out of control items generally available to the public from stock at retail, whose cryptographic functionality cannot easily be changed by the user, designed for installation by the user without substantial support, with details available to the authority on request.
  • The item must be of interest to a wide range of individuals and businesses, with price and main functions available before purchase without consulting the supplier.
  • Civil mobile phones that cannot transmit encrypted data directly to another phone or pass it through radio access network equipment, and certain short-range cordless phones, are also outside item 1-5.A.2.a.
  • Category 5, Part 2 does not apply to products accompanying their user for the user's personal use.

How we help: Compliant Always keeps the control classification and any advisory opinion with each product, dated, and shows a product shipped without one on record. Ask about this

Health Canada's position on exported consumer products

Electronics sold to consumers are consumer products, and Health Canada's guide on exporting them applies.

  • Exporters of consumer products must make sure the products comply with the destination country's requirements and with the Canada Consumer Product Safety Act and its regulations.
  • Export includes the sale or advertising over the Internet of consumer products to a foreign jurisdiction.
  • The Act and its regulations apply to consumer products transhipped through Canada.

How we help: Compliant Always keeps test reports and certificates with each product, dated, and reads them against the destination's requirements you record. Ask about this

Export permits and the Export Control List

Goods on the Export Control List, or going to a country on the Area Control List, need a permit from Global Affairs Canada before they leave.

  • Under section 7 of the Export and Import Permits Act, the Minister may issue to residents of Canada permits to export goods or technology on the Export Control List, or to a country on the Area Control List.
  • Item 5400 covers goods and technology of United States origin exported to any destination other than the United States, unless substantially changed in value, form or use outside the US.
  • For item 5400, United States origin means made in the United States, not the country from which the goods were last shipped to Canada.
  • Group 5 also controls a few goods for economic reasons, such as certain food products and apparel shipped under quota.
  • Global Affairs Canada gives advisory opinions on how a product is classified against the list, and takes permit applications online through NEXCOL.

How we help: Compliant Always keeps the permit and its conditions with the shipment, and shows before goods leave where a product's record has no control classification. Ask about this

Export declaration and reporting to the CBSA

How commercial goods are reported to the Canada Border Services Agency before they leave Canada, and what the exporter keeps afterwards.

  • In most cases an export declaration is needed for commercial goods. The most common exceptions are goods exported for consumption in the United States and non-restricted goods valued at less than CAN $2,000.
  • Goods moving through the United States to another destination, including goods entering the US on a transportation and exportation (T and E) bond, need a declaration.
  • Restricted goods, those controlled, regulated or prohibited under Canadian law, need their permit, certificate or licence whatever their value; going to the US they need no declaration, but the permit must still be presented.
  • Declarations are made through the Canadian Export Reporting System (CERS) or G7 EDI, with a business number and RM export program identifier. The exporter gives the carrier the proof of report number.
  • Minimum time limits: 2 hours before loading for air and rail, 48 hours before loading for marine, 2 hours before delivery to the post office, and immediately before export by highway.
  • The exporter may delegate reporting to a customs service provider but remains responsible for the information, and keeps export records in Canada for 6 years.

How we help: Compliant Always keeps the proof of report number, permits and export records with each shipment, dated, and shows what is missing before the goods are loaded. Ask about this

Certificates of origin under trade agreements

The document that lets the importer claim a preferential duty rate under one of Canada's free trade agreements, such as CUSMA, CETA or CPTPP.

  • A certificate of origin certifies that the good meets a free trade agreement's rules of origin; the importer must have it to claim preferential tariff treatment.
  • Under CETA, the Canada-UK TCA, CEFTA and CUFTA it is an origin declaration on an invoice or other commercial document. Canadian exporters enter their Business Number in the CETA declaration.
  • Under CUSMA and CPTPP it is a set of minimum data elements with no prescribed format, which the importer, exporter or producer may complete.
  • A certificate can cover one shipment, or identical goods over a blanket period of up to 12 months. It is valid for four years from signature.
  • Whoever certifies origin keeps the certificate and supporting records for six years, and must tell everyone they gave it to of any change affecting its accuracy.

How we help: Compliant Always keeps each origin declaration with the products and shipments it covers, shows when a blanket period runs out, and answers importers' origin questions from the record. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ExporterClassifying the product against the Export Control List, any permit, and the export declaration.Classification, permits and declarations kept with each shipment.
ManufacturerTechnical details of the product's cryptographic functions, which the authority may ask for, and origin information.Technical files and origin statements kept with each product.
Customs service provider or freight forwarderReporting on the exporter's behalf where delegated, and presenting permits at the place specified.Proof of report and permits in one place for the carrier.
Global Affairs CanadaIssuing export permits and advisory opinions on classification.Permits and opinions kept with the products they cover.

Where are the goods going?

Most of what electrical and electronic products have to meet is set where they are sold. Each guide sets out the rules on arrival, with the official source for each.

Questions businesses ask

Do I need an export permit for consumer electronics from Canada?
Only if the product or its technology is on the Export Control List, goes to a country on the Area Control List, or is US-origin goods re-exported unchanged to a country other than the US. Global Affairs Canada issues the permits.
Is a product with encryption controlled for export from Canada?
Information security items are in Category 5, Part 2 of the Export Control List. The Cryptography Note excludes items sold to the public from stock at retail, whose cryptography the user cannot easily change and which users install themselves.
Are mobile phones controlled for export from Canada?
Civil mobile phones that cannot transmit encrypted data directly to another phone or pass it through radio access network equipment are outside item 1-5.A.2.a. Other phones may qualify under the Cryptography Note.
Can I take a laptop with encryption abroad?
Category 5, Part 2 of the Export Control List does not apply to products accompanying their user for the user's personal use.
How do I find out whether my product is on the Export Control List?
Check A Guide to Canada's Export Control List, or apply to Global Affairs Canada for an advisory opinion on the product's control classification.
Do I need a permit to re-export US-made electronics from Canada?
Under item 5400, goods of US origin exported to destinations other than the United States need a permit unless they were substantially changed outside the US. US origin means made in the US, not last shipped from there.
How do I apply for a Canadian export permit?
Through Export Controls Online (NEXCOL), Global Affairs Canada's web application for export permit applications. Permits are issued to residents of Canada.
Do I need an export declaration for controlled electronics going to the US?
No declaration is needed for goods exported for consumption in the United States, but restricted goods still need their permit, certificate or licence presented.
Do exported electronics have to meet Canadian consumer product rules?
Health Canada says exporters must make sure exported consumer products comply with the destination's requirements and with the Canada Consumer Product Safety Act and its regulations.
Who signs a CUSMA certification of origin for electronics?
The importer, exporter or producer. It needs no prescribed form, but must carry the minimum data elements, including the 6-digit HS classification and the origin criterion, and the certifying statement.
How does Compliant Always help with exporting from Canada?
Our team reads the rules for the routes you ship. Compliant Always shows which export documents apply to your product, keeps them with the shipment beside what the destination asks for, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

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