American ginseng

American Ginseng

American Ginseng

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  • American ginseng (Panax quinquefolius) is a wild perennial plant that has become very rare in Canada-the harvest of wild American ginseng is considered unsustainable.
  • American ginseng is an endangered species and is protected by LAW.
    • It is protected on federal lands under the Species at Risk Act .
    • The harvest, trade and cultivation of wild, wild-simulated and woods-grown American ginseng is prohibited under Ontario's Endangered Species Act, 2007 .
    • In Quebec, under the Loi sur les espèces menacées ou vulnérables , harvest or trade of wild American ginseng is prohibited.
  • The export of wild American ginseng is prohibited from Canada-only cultivated American ginseng can be legally traded in Canada.
  • The export from Canada of cultivated ginseng requires a Canadian Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) export permit.

Situation

When American ginseng was first discovered growing in North America in 1715, it set off a lucrative trade business and rapidly became the second most important Canadian export after fur. The roots of ginseng had been used for centuries in traditional Asian medicine, and it was in high demand. Ginseng is still used by many people today in the practice of traditional medicine.

Unfortunately, this wild perennial plant has become very rare in Canada, and the harvest of wild American ginseng is now considered unsustainable. Very few viable populations remain in Canada; even low levels of harvest and poaching pose a real threat to its survival because of its slow growth and low rate of reproduction in the wild. American ginseng plants are long-lived but can take three to eight years to reach maturity and begin flowering.

In Canada, wild American ginseng is found only in southern Ontario and Quebec. Over-harvesting, poaching and habitat destruction have led to its being listed as nationally endangered (Species at Risk Act), provincially endangered in Ontario (highest risk category, Endangered Species Act, 2007 ), and threatened in Quebec (highest risk category, Loi sur les espèces menacées ou vulnérables [Available in French only]).

For this reason, the harvest, import and export of American ginseng in Canada today is regulated and carefully monitored. Only cultivated American ginseng can be legally traded in Canada. Even the possession of wild American ginseng collected in Canada is prohibited, and the export of wild American ginseng from Canada is also prohibited. However, wild or cultivated American ginseng legally imported from the U.S. can still be legally traded.

What is the law?

The export of wild American ginseng is prohibited from Canada. Only cultivated ginseng may be authorized for export when conditions are met. The export from Canada of cultivated ginseng requires a Canadian CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) export permit issued by Environment Canada's Canadian Wildlife Service. Permits are issued for personal or commercial purposes. There is no exemption for American ginseng purchased by tourists, and a CITES export permit is required to bring any amount of American ginseng home.

The requirements for CITES permits apply to whole or sliced roots and parts of roots, whether fresh or dried. As the roots require permits, whole plants with roots, live or dead, require permits as well. A CITES export permit is not required for exporting ginseng seeds, or manufactured parts or derivatives of ginseng such as powders, pills, extracts, tonics, teas and confectionery. For more information you can refer to the Notice for Exporters of North American Ginseng from Canada on CITES website.

American Ginseng information
American Ginseng Requirements Applicable Laws
Harvested from the wild in Canada

Harvest, possession, sale: Prohibited and illegal

International and interprovincial trade: Prohibited and illegal

Cultivated

Export from Canada: Canadian CITES Export Permit

Harvest, possession, sale - Ontario: Prohibited and illegal unless the American ginseng is cultivated on land in respect of which license fees are payable to the Ontario Ginseng Growers Association without the use of any material such as seeds, roots or cuttings, taken from the wild in Ontario on or after June 30, 2008; and cultivated using structures that produce artificial shade.

International trade:

  • Legal to trade within provinces and to export from provinces within Canada, if legally acquired, in accordance with provincial laws.

What you can do!

You can help protect this Canadian species at risk by avoiding contributing to its illegal harvest from the wild and its trafficking.

If you own or operate a pharmacy, or sell herbal plants or animal parts, or medicines that contain wildlife derivatives, you must ensure there are no illegal parts of American ginseng in the ingredients in any of the medicines in your store. You may sell cultivated American ginseng from Canada (live plants and whole or sliced roots and parts of roots), but make sure you know the name of the company or wholesaler where it was obtained. If you sell wild or cultivated American ginseng imported from another country, ask the importer to give you a copy of the CITES export permits. Your store may be inspected by Environment Canada, so keep a record to prove the American ginseng roots were legally obtained.

If you import or export herbs or medicines containing wildlife parts or derivatives that include American ginseng roots, whole or sliced roots or parts of roots, be sure that none of the ginseng is from wild harvested plants from Canada or from cultivated plants from Ontario that do not meet Ontario legal requirements. If you import cultivated or wild American ginseng from the U.S. or export cultivated American ginseng from Canada, you must first obtain the necessary CITES permits and present them to the Canada Border Services Agency upon entry to and exit from Canada.

If you are a customer or user of traditional herbs and medicines, you must only buy products that have been grown and/or imported legally. Ask the store owner for proof of legal import/export or purchase. If you travel with medicines, make sure you have all the required permits before leaving or entering Canada with live American ginseng plants and whole or sliced roots or parts of roots. American ginseng that is native to Canada or the U.S., even if it is returned after being shipped to Asia, is not exempt for live plants, whole or sliced roots and parts of roots, and needs a re-export permit.

What are the penalties for not complying with the import and export restrictions for American Ginseng?

On July 12, 2017, amendments to the fine regime and the sen­tencing provisions of WAPPRIITA came into force to help ensure that court-imposed fines reflect the seriousness of environmen­tal offences. The amendments do not introduce any new legal obligations, create new prohibitions, or impose new administra­tive or compliance costs. The new fine regime will be applied by courts following a conviction for an offence under WAPPRIITA.

  • In the case of individuals:
    • summary conviction may result in fines of up to $25,000; in the case of designated serious offences, conviction will result in fines between $5,000 and $300,000, and may result in imprisonment for a term of up to six months, or both.
    • Conviction on indictment may result in fines of up to $100,000; in the case of designated serious offences, conviction will result in fines between $15,000 and $1,000,000, and may result in imprisonment for a term of up to five years, or both.
  • In the case of small revenue corporations (gross revenue not more than $5,000,000 in the 12 months preceding the offence):
    • summary conviction may result in fines of up to $50,000; in the case of designated serious offences, conviction will result in fines between $25,000 and $2,000,000.
    • Conviction on indictment may result in fines of up to $250,000; in the case of designated serious offences, conviction will result in fines between $75,000 and $4,000,000.
  • In the case of other entities (e.g. corporations):
    • summary conviction may result in fines of up to $250,000; in the case of designated serious offences, conviction will result in fines between $100,000 and $4,000,000.
    • Conviction on indictment may result in fines of up to $500,000; in the case of designated serious offences, conviction will result in fines between $500,000 and $6,000,000.

All maximum fine amounts and ranges are doubled for second and subsequent offences. Also of note, under WAPPRIITA, the fine for an offence involving more than one specimen may be calculated as though each one had been the subject of a separate charge.

The choice of enforcement measure, which may also in­clude tickets under the Contraventions Act or administrative monetary penalties (AMPs) under the Environmental Viola­tions Administrative Monetary Penalties Regulations and the Environmental Violations Administrative Monetary Penalties Act, will be determined by the enforcement officer according to the principles in ECCC’s Compliance and Enforcement Policies.

What are administrative monetary penalties? How much can I be fined?

AMPs are penalties designed to create a financial disincen­tive to non-compliance; AMPs cannot lead to imprisonment. Enforcement officers can issue notices of violation setting out an AMP directly to regulatees when they are found to be in non-compliance with designated violations of WAPPRIITA or WAPTR. The amount of an AMP is calculated based on the type of violator (e.g. individual, corporation, ship or vessel), the seriousness of the violation and the presence of any aggravating factors (history of non-compliance, environmental harm and economic gain). At present, in the case of violations to WAPPRIITA or WAPTR, the amount of a single AMP cannot exceed $2,600 in the case of an individual, or $13,000 in the case of a business, ship or vessel. However it should be not­ed that, for each day on which the violation is committed or continues, a separate violation is deemed to have occurred.

For more information on AMPs and the new fine regime, please visit: Environmental Enforcement Act.

For more information on American ginseng, please visit Environment Canada's CITES website.

For more information on how and where to apply for a CITES permit.

or

You can contact Environment and Climate Change Canada’s (ECCC) CITES Management Authority by:

You can also find additional general information about CITES and its implementation in Canada on ECCC’s website.

African grey parrots

African grey parrots
Photo: © Environment and Climate Change Canada

Changes to international trade controls for African grey parrots

In order to further protect African grey parrots (Psittacus erithacus) from continued over-harvest resulting from an increasing commercial demand, Canada has updated the Wild Animal and Plant Trade Regulations (WAPTR) to increase restrictions on the international trade of this species in keeping with decisions made by the 17th Conference of the Parties (CoP17) to the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES).

About the African grey parrot

African grey parrots are native to equatorial Africa, where they are found in and around dense forest habitats. This species has long been highly prized as pets, largely due to their attractive appearance and their ability to mimic human speech. Given their long-standing popularity as pets and the relative ease with which they can be captured, large numbers of African greys have been taken from the wild. This large-scale capture coupled with significant habitat loss and the species’ low reproductive rate has led to a collapse and fragmentation of the wild populations throughout the species historic range, with declines exceeding 90% in some countries.

Why is the government implementing increased trade controls for this species?

At CoP17, the African grey parrot (Psittacus erithacus) was transferred from CITES Appendix II to Appendix I as a result of the precarious situation of the species’ wild populations. Specifically, at CoP17, it was determined that widespread unsustainable trade practices and habitat loss threatened the survival of wild populations of the species and that the African grey parrot, therefore, met the requirements for inclusion in Appendix I.

When do increased trade controls come into effect?

The revised CITES Appendices (i.e. revised after CoP17) came into effect on January 2, 2017. These amendments have now been implemented in Canada through amendments to WAPTR.

Under what authority are the increased trade controls being implemented?

The increased restrictions are being implemented by regulatory amendments to Schedule I of WAPTR which is made under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA).

What permits do I need to import or export an African grey?

As a result of the changes made to the CITES Appendices, international commercial trade of African greys is now generally prohibited, subject to certain exceptions, between Canada and other countries that are a Party to the Convention. When leaving Canada with an African grey, in addition to the CITES export permit issued by Environment and Climate Change Canada (ECCC) that was previously required to under the Appendix II listing, an import permit (issued by the country to which you are travelling) must now also be obtained prior to leaving Canada. When entering Canada with an African grey, in addition to the CITES export permit (issued by the foreign country of export) a CITES import permit issued by ECCC must be obtained prior to leaving the country of export.

For Canadian pet owners who wish to travel internationally with a pet African grey, an application for a Certificate of Ownership can be made. This certificate allows owners of pet species that are listed in the CITES Appendices to frequently cross international borders with their pet without needing to apply for multiple permits.

Do the increased trade controls apply to all specimens of African grey parrots?

Yes.

How can I obtain a permit to import/export an African grey parrot?

You can find application forms for Canadian CITES permits at the following site: Permit Application Forms

Please contact the relevant CITES Management Authority of any country you intend to travel to for information on their permitting requirements. A list of all countries that are a Party to CITES and contact information for each country’s Management Authority can be found at the following site: National contacts & information

What information do I need to provide when applying for a CITES permit?

You will be asked to provide your name, mailing address, as well as information about the wildlife species you intend to import or export including:

  • Scientific name (genus and species) and common­name of each species contained in the shipment and within each product within the shipment ;
  • Country of origin ;
  • Description of item(s) ;
    (e.g., live specimen, feathers, blood sample etc.) ;
  • Evidence of lawful acquisition ;
  • Evidence of lawful import if relevant
    (e.g. previously issued CITES permit) ;
  • Current location of specimens
    (including address and country).

Can a single permit be used to authorize the import or export of multiple African greys?

Yes, CITES permits are issued per shipment. Shipments can contain one or more specimens of CITES-listed species. Shipments can also contain multiple different CITES-listed species within the same shipment as long as the specimens (or the items containing the specimens) are clearly differenti­ated from one another. If I am re-exporting an African grey that was previously imported to Canada, what documents do I need to provide? When applying for a CITES re-export certificate ECCC will re­quire a copy of the CITES document that was used to import the African Grey into Canada in order to issue a re-export certificate. In addition, additional documentation showing “chain of custody” (invoices from any transactions that led to a transfer of ownership) subsequent to the parrot’s import to Canada may be requested.

Where do I send my completed application?

Please send your completed application to the Canadian CITES Management Authority at ECCC. Contact information is provided below.

How long will it take to process my application?

African grey parrot
Photo: © Environment and Climate Change Canada
African grey parrot

 

ECCC strives to processes permit applications as quickly as possible and has established service standards (i.e. a public commitment to a measurable level of performance that applicants can expect under normal circumstances) to en­sure quality and predictability of service for applicants. Your application may take up to 35 days to process, depending on the complexity of the application and assuming all necessary information and supporting documents have been provided at the time the application is made.

Additional information relating to ECCC’s service standards for CITES permits and past performance can be found at the following site: Standards and performance for Convention on International Trade in Endangered Species permits

How much do permits cost?

All CITES permits issued in Canada by Environment and Climate Change Canada are free of charge. The cost of CITES permits issued by other countries that are a Party to CITES varies from country to country.

How long will my permit remain valid?

Export permits and re-export certificates are valid for 6 months. Import permits are valid for 12 months. If I previously obtained an export permit when the African grey parrot was listed in cites appendix II, is the permit still valid?

If I previously obtained an export permit when the African grey parrot was listed in CITES appendix II, is the permit still valid?

No, the export permit you received is no longer valid because the status of the African grey parrot changed on January 2, 2017 as a result of the CoP17 amend­ments made to the CITES Appendices. You will need to apply for a new export permit (issued by the coun­try you are exporting the African grey from) as well as an import permit (issued by the country you are importing the African grey to).

It should also be noted that if you received a certificate of ownership for your African grey prior to January 2, 2017 (while the African grey was still listed on CITES Appendix II), you will need to reapply for an Appendix I Certificate of ownership.

May I transfer my permit to another person if I am no longer able to travel?

No, CITES permits are non-transferable and may only be used by the person whose name and information is indicat­ed on the permit.

Are there exemptions from the need to obtain a permit?

Depending on your situation, you may be able to bene­fit from the following exemptions:

Personal Household Effects Exemption: for specimens OTHER THAN live specimens that are personally owned and legally acquired, and worn, carried or included in personal accompanying baggage or part of a household move do not required a CITES permit. Please note that not all Parties implement this exemption.

Certificate of Ownership: if you frequently travel outside of Canada with your African grey parrot, you may apply for a certificate that acts like a passport for your parrot. As long as the certificate remains valid, you do not need to apply for new permits each time you and your parrot travel across international borders. Please note that not all Parties to CITES im­plement this exemption.

What are the penalties for not complying with the import and export restrictions for African greys?

On July 12, 2017, amendments to the fine regime and the sentencing provisions of WAPPRIITA came into force to help ensure that court-imposed fines reflect the seriousness of environmental offences. The amend­ments do not introduce any new legal obligations, create new prohibitions, or impose new administrative or compliance costs.

The new fine regime will be applied by courts following a conviction for an offence under WAPPRIITA.

  • In the case of individuals:
    • summary conviction may result in fines of up to $25,000; in the case of designated serious offences, conviction will result in fines between $5,000 and $300,000, and may result in imprisonment for a term of up to six months, or both.
    • Conviction on indictment may result in fines of up to $100,000; in the case of designated serious offences, conviction will result in fines between $15,000 and $1,000,000, and may result in imprisonment for a term of up to five years, or both.
  • In the case of small revenue corporations (gross revenue not more than $5,000,000 in the 12 months preceding the offence):
    • summary conviction may result in fines of up to $50,000; in the case of designated serious offences, conviction will result in fines between $25,000 and $2,000,000.
    • Conviction on indictment may result in fines of up to $250,000; in the case of designated serious offences, conviction will result in fines between $75,000 and $4,000,000
  • In the case of other entities (e.g. corporations):
    • summary conviction may result in fines of up to $250,000; in the case of designated serious offences, conviction will result in fines between $100,000 and $4,000,000.
    • Conviction on indictment may result in fines of up to $500,000; in the case of designated serious offences, conviction will result in fines between $500,000 and $6,000,000.

All maximum fine amounts and ranges are doubled for second and subsequent offences. Also of note, under WAPPRIITA, the fine for an offence involving more than one specimen may be calculated as though each one had been the subject of a separate charge.

The choice of enforcement measure, which may also include tickets under the Contraventions Act or admin­istrative monetary penalties (AMPs) under the Envi­ronmental Violations Administrative Monetary Penalties Regulations and the Environmental Violations Adminis­trative Monetary Penalties Act, will be determined by the enforcement officer according to the principles in ECCC’s Compliance and Enforcement Policies.

What are administrative monetary penalties? How much can I be fined?

AMPs are penalties designed to create a financial disincentive to non-compliance; AMPs cannot lead to imprisonment. Enforcement officers can issue notices of violation setting out an AMP directly to regulatees when they are found to be in non-compliance with designated violations of WAPPRIITA or WAPTR. The amount of an AMP is calculated based on the type of violator (e.g. individual, corporation, ship or vessel), the seriousness of the violation and the presence of any aggravating factors (history of non-compliance, environmental harm and economic gain). At present, in the case of violations to WAPPRIITA or WAPTR, the amount of a single AMP cannot exceed $2,600 in the case of an individual, or $13,000 in the case of a business, ship or vessel. However, it should be noted that, for each day on which the violation is committed or continues, a separate violation is deemed to have occurred.

For more information on AMPs and the new fine regime, please visit Environmental Enforcement Act.

What can I do to help?

You can help protect African grey parrots by ensuring that your transactions do not contribute to the illegal removal from the wild and the trafficking of this species. If you want to buy an African grey parrot as a pet, it is recommended to purchase a parrot that was bred in Canada, or if buying a parrot that was imported into Canada from another country, to confirm that it was imported legally into Canada. Purchases of African grey parrots from outside of Canada may not be possible as the transaction must be authorized by both foreign and Canadian authorities before the export to Canada can take place. If you want to export or import an African grey parrot (including travelling with a pet), you must first obtain the necessary CITES permits and present them to the Canada Border Services Agency upon entry to and exit from Canada.

Who can I contact if I have questions?

You can contact Environment and Climate Change Canada’s (ECCC) CITES Management Authority by:

African grey parrot
Photo: © Environment and Climate Change Canada
African grey parrot

You can also find additional information about CITES and its implementation in Canada on ECCC’s website.

For information regarding reproduction rights, please contact Environment and Climate Change Canada’s Public Inquiries Cen­tre at 1-800-668-6767 (in Canada only) or 819-997-2800 or email to ec.enviroinfo.ec@canada.ca.

Cat. No.: CW66-561/2017E-PDF
ISBN: 978-0-660-09034-4

Photos: © Environment and Climate Change Canada

© Her Majesty the Queen in Right of Canada, represented by the Minister of Environment and Climate Change, 2017

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Rosewood

Rosewood
Photo: © Environment and Climate Change Canada

Changes to international trade controls for Rosewood (Dalbergia spp.)

In order to further protect species of Dalbergia from continued over-harvest resulting from an increasing com­mercial demand, Canada’s Wild Animal and Plant Trade Regulations (WAPTR) have been updated to increase international trade controls for this species in keeping with decisions made by the 17th Conference of the Parties (CoP17) to the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES).

About rosewoods

Commonly known as rosewoods, the genus Dalbergia in­cludes more than 300 species of trees, shrubs and vines. Other common names by which certain species of rosewoods are known include African blackwood, Kingwood, Tulipwood, Palissanders and Cocobolos. Dalbergia species can be found across the world in more than 100 countries, mainly in the tropical regions of Africa, Asia and Central and South Amer­ica. Rosewoods have long been prized for woodworking and artisanal purposes because of their vibrant reddish hues and attractive scent. Demand for products made from rosewood, such as furniture, musical instruments, marquetry, veneers, sculptures and handicrafts, has been increasing in recent years, particularly in Asian markets.

Today, rosewoods are believed to be the most heavily trafficked wild product in the world. Unfortunately, in order to meet this in­creasing demand for rosewood products, unsustainable harvest­ing practices have been employed in different regions leading to many species of rosewoods becoming endangered.

Why is the government implementing increased trade controls for these species?

While many range countries have some form of legal in­struments for the protection and conservation of Dalbergia species, increasing demand for rosewood products around the world has led to the over-harvest of certain rosewood species, which could put the survival of these species at risk if the trend is not reversed. Given the volume and internation­al nature of the trade in rosewood, international cooperation is needed to effectively regulate this trade. As a result, at CoP17, two important decisions with regards to rosewood were made. Firstly, all species of Dalbergia that were not already listed in the CITES Appendices were added to CITES Appendix II; additionally, the CITES trade controls are now ap­plied to all forms of rosewood, including finished products.

When do the increased trade controls come into effect?

The amended CITES Appendices (i.e. revised after CoP17) came into force on January 2, 2017. These amendments have now been implemented in Canada through amendments to WAPTR.

Under what authority are the increased trade controls being implemented?

The increased restrictions are being implemented by regulatory amendments to Schedule I of WAPTR which is made under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA).

What permits do I need to import or export Rosewood?

As a result of the CoP17 decisions, subject to certain excep­tions (see below), all species of Dalbergia and all types of specimens are subject to CITES controls and require a CITES authorization issued by the exporting country to legally cross international boundaries. Brazilian rosewood (Dalbergia nigra) remains listed in CITES Appendix I and requires both a CITES export authorization (issued by the exporting country) as well as a CITES import permit (issued by the importing country) to legally cross international boundaries.

How can I obtain a permit to import/export Rosewood?

You can find application forms for Canadian CITES permits at the following site: Permit Application Forms.

Please contact the relevant CITES Management Authority of any country you intend to travel to for information on their permitting requirements. A list of all countries that are a Party to CITES and contact information for each country’s Management Authority can be found at the following site: National contacts & information

What information do I need to provide when applying for a CITES permit?

You will be asked to provide the contact information for the exporter and importer of the rosewood specimens being transported. You will also need to provide information about the rosewood species and specimens that will be imported or exported. This information can include:

  • Scientific name (genus and species) and common name of each rosewood species contained in the ship­ment and within each product within the shipment ;
  • Description of item(s) (e.g., logs, sawn wood, type of finished product, seeds, leaves etc.) ;
  • The quantity, including unit of measure, for each rosewood species in the shipment ;
  • Evidence of lawful acquisition and lawful import (if relevant).

Please note that depending on the complexity of the case, additional information may be required.

Can a single permit be used to authorize the import or export of multiple specimens of rosewood?

Yes, CITES permits are issued per shipment. Shipments can contain one or more specimens of CITES-listed species. Shipments can also contain multiple different CITES-listed species within the same shipment as long as the specimens (or the items containing the specimens) are clearly differentiated from one another.

Can multiple shipments be requested and authorized with one application?

In some scenarios, there are simplified permitting processes which may be used to authorize multiple shipments. These may apply when you have a large volume of rosewood prod­ucts in stock or a large quantity of unfinished rosewood which is used to make products. In these cases, multi-shipment permits may be used to authorize many shipments over a set period. To determine whether your situation qualifies for multi-shipment permits, please contact Environment and Climate Change Canada’s (ECCC) CITES Management Authority to discuss the specifics of your situation.

If I am re-exporting rosewood that was imported into canada before the new trade controls came into effect, what documents do I need to provide?

It is necessary to prove that the rosewood entered Canada prior to the coming into force of the amendments to CITES on January 2, 2017. Such documents may include shipping documents, bill of lading, invoices from suppliers, import declarations, etc. When these documents are not available, signed affidavits may be used in lieu, which contain a de­tailed history of the possession or entry of the rosewood.

Rosewood specimens which enter Canada after January 2, 2017 must be accompanied by a CITES authorization from the exporting country. A copy of this authorization will need to accompany any requests for re-export of the rosewood.

Where do I send my completed application?

Rosewood
Photo: © Environment and Climate Change Canada
Rosewood

Please send your completed application to the Canadian CITES Management Authority at ECCC. Contact information is provided below.

How long will it take to process my application?

ECCC strives to processes permit applications as quickly as possible and has established service standards (i.e. a public commitment to a measurable level of performance that clients can expect under normal circumstances) to ensure quality and predictability of service for applicants. Your application may take up to 35 days to process, depending on the complexity of the application and assuming all necessary information and supporting documents have been provided at the time the application is made.

Additional information relating to service standards for CITES permits as well as past performance against service stan­dards can be found at Standards and performance for Convention on International Trade in Endangered Species permits.

How much do permits cost?

All CITES permits issued in Canada by ECCC are free of charge. The cost of CITES permits issued by other countries that are a Party to CITES varies from country to country.

How long will my permit remain valid?

Rosewood
Photo: © Environment and Climate Change Canada
Rosewood

Export permits and re-export certificates are valid for 6 months. Import permits are valid for 12 months.

May I transfer my permit to another person if I am no longer able to travel?

No, CITES permits are non-transferable and may only be used by the person whose name and information is indicated on the permit.

Do the increased trade controls apply to all specimens of Dalbergia?

No, certain types of rosewood specimens are outside the scope of CITES and, therefore, are not subject to CITES controls. If you are unsure whether you require a permit, please contact ECCC’s CITES Management Authority.

The CITES listing for the Dalbergia species in CITES Appendix II specifies types of specimens that are outside of the scope of CITES controls including:

  • Leaves, flowers, pollen, fruits and seeds; and
  • Non-commercial exports of a maximum total weight of 10kg per shipment.

These exceptions do not apply in 3 cases:

  1. Brazilian rosewood (Dalbergia nigra), which has been listed in CITES Appendix I since 1992 and is not affected by changes to trade controls.
  2. Siamese rosewood (Dalbergia cochinchnensis) for which the following specimens are outside the scope of CITES controls:
    • seeds, spores and pollen (including pollinia);
    • seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers;
    • cut flowers of artificially propagated plants.
  3. All specimens of rosewood originating and exported from Mexico for which only the following specimens are within the scope of CITES:
    • Logs, sawn wood, veneer sheets and plywood.

If you wish to import or export specimens that fall into one of these three categories, please contact ECCC’s CITES Management Authority to discuss the applicable permitting requirements.

Can you please explain the 10kg rule? Does 10kg refer to the total weight of the item or the weight of portion of the item that is made of rosewood?

Paragraph (b) shown in the previous section indicates that spec­imens that weigh under 10kg and are traded for non-commercial purposes are outside the scope of CITES controls. Specimen refers to the weight of the rosewood species in the item and not the overall weight of the item. For instance, in the case of a musi­cal instrument transported for personal use, a 12 kg instrument containing 5 kg of parts made from Dalbergia would be outside the scope of CITES controls.

Are there other exemptions from the need to obtain a permit?

You may be able to benefit from the personal and household effects exemption. If the rosewood you are importing or exporting is personally owned and legally acquired, and worn, carried or included in personal accompanying baggage or part of a household move, CITES permits may not be required. Please note that species listed in Appendix I as well as live specimens do not benefit from this exemption. Please also note that not all Parties implement this exemption.

If i possess stocks of Dalbergia species that were imported prior to January 2, 2017, how can I export this wood or products made from this wood?

If you possess stocks of a Dalbergia species that was not pre­viously listed in CITES prior to January 2, 2017, you will need to contact ECCC’s CITES Management Authority who will work with you to confirm the origin and age of the wood or wood products. Once the origin has been verified, processes will be put in place to allow you to export and sell this wood or products made from this wood.

If I have stocks of rosewood that were imported well before the species were listed in the CITES appendices, how can I demonstrate that these stocks are pre-cites since permits and authorizations were not required at the time?

Where wood was imported well before the species was listed in the CITES, ECCC’s CITES Management Authority understands that documentation related to the import of this wood into Can­ada (and any possible resale of the wood subsequent to import) may be hard to obtain. ECCC’s CITES Management Authority will work with applicants to determine appropriate documentation to validate the origin of the wood or wood products.

Can I sell or otherwise dispose of rosewood after completion of the import/export?

Generally, it is possible to sell or otherwise dispose of rosewood specimens that have been imported/exported legally. If your intention is to sell an imported/exported wildlife specimen subsequent to the import/export, you must list the purpose of the import/export as “commercial” (purpose code “T” as in “trade”). In the case of Dalbergia nigra, because this spe­cies is listed in CITES Appendix I it cannot, subject to certain exceptions, be imported/exported for commercial purposes.

It should also be noted that if you import/export a specimen under the exemptions for personal or household Effects, you are prohibited from selling or otherwise disposing of the im­ported/exported wildlife specimen for 90 days after the date of import/export.

What are the penalties for not complying with the import and export restrictions for rosewood?

Rosewood
Photo: © Environment and Climate Change Canada
Rosewood

On July 12, 2017, amendments to the fine regime and the sen­tencing provisions of WAPPRIITA came into force to help ensure that court-imposed fines reflect the seriousness of environmen­tal offences. The amendments do not introduce any new legal obligations, create new prohibitions, or impose new administra­tive or compliance costs. The new fine regime will be applied by courts following a conviction for an offence under WAPPRIITA.

  • In the case of individuals:
    • summary conviction may result in fines of up to $25,000; in the case of designated serious offences, conviction will result in fines between $5,000 and $300,000, and may result in imprisonment for a term of up to six months, or both.
    • Conviction on indictment may result in fines of up to $100,000; in the case of designated serious offences, conviction will result in fines between $15,000 and $1,000,000, and may result in imprisonment for a term of up to five years, or both.
  • In the case of small revenue corporations (gross revenue not more than $5,000,000 in the 12 months preceding the offence):
    • summary conviction may result in fines of up to $50,000; in the case of designated serious offences, conviction will result in fines between $25,000 and $2,000,000.
    • Conviction on indictment may result in fines of up to $250,000; in the case of designated serious offences, conviction will result in fines between $75,000 and $4,000,000.
  • In the case of other entities (e.g. corporations):
    • summary conviction may result in fines of up to $250,000; in the case of designated serious offences, conviction will result in fines between $100,000 and $4,000,000.
    • Conviction on indictment may result in fines of up to $500,000; in the case of designated serious offences, conviction will result in fines between $500,000 and $6,000,000.

All maximum fine amounts and ranges are doubled for second and subsequent offences. Also of note, under WAPPRIITA, the fine for an offence involving more than one specimen may be calculated as though each one had been the subject of a separate charge.

The choice of enforcement measure, which may also in­clude tickets under the Contraventions Act or administrative monetary penalties (AMPs) under the Environmental Viola­tions Administrative Monetary Penalties Regulations and the Environmental Violations Administrative Monetary Penalties Act, will be determined by the enforcement officer according to the principles in ECCC’s Compliance and Enforcement Policies.

What are administrative monetary penalties? How much can I be fined?

Rosewood
Photo: © Environment and Climate Change Canada
Rosewood

AMPs are penalties designed to create a financial disincen­tive to non-compliance; AMPs cannot lead to imprisonment. Enforcement officers can issue notices of violation setting out an AMP directly to regulatees when they are found to be in non-compliance with designated violations of WAPPRIITA or WAPTR. The amount of an AMP is calculated based on the type of violator (e.g. individual, corporation, ship or vessel), the seriousness of the violation and the presence of any aggravating factors (history of non-compliance, environmental harm and economic gain). At present, in the case of violations to WAPPRIITA or WAPTR, the amount of a single AMP cannot exceed $2,600 in the case of an individual, or $13,000 in the case of a business, ship or vessel. However it should be not­ed that, for each day on which the violation is committed or continues, a separate violation is deemed to have occurred.

For more information on AMPs and the new fine regime, please visit: Environmental Enforcement Act.

What can I do to help?

You can help protect rosewoods by ensuring that your transac­tions do not contribute to the illegal removal from the wild and the trafficking of these species. If you want to export or import a product made using rosewood, you must first obtain the nec­essary CITES permits and present them to the Canada Border Services Agency upon entry to and exit from Canada. If you use rosewoods to manufacture finished products, request docu­mentation from your supplier showing that the wood was lawfully imported. If you are a retailer who sells finished rosewood products, request documentation from the manufacturer regarding the species included in the product you are selling. If you own or are selling specimens of rose­wood obtained prior to the listing of the species in the CITES Appendices, contact ECCC to discuss how to certify the age and origin of the specimens.

Who can I contact if I have questions?

You can contact Environment and Climate Change Canada’s (ECCC) CITES Management Authority by:

You can also find additional general information about CITES and its implementation in Canada on ECCC’s website.

Cat. No.: CW66-562/2017E-PDF
ISBN: 978-0-660-09036-8

For information regarding reproduction rights, please contact Environment and Climate Change Canada’s Public Inquiries Cen­tre at 1-800-668-6767 (in Canada only) or 819-997-2800 or email to ec.enviroinfo.ec@canada.ca.

Photos: © Environment and Climate Change Canada

© Her Majesty the Queen in Right of Canada, represented by the Minister of Environment and Climate Change, 2017

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