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Trade Regulations

This information is provided as a guide for Indonesian exporters who are interested in selling their products to Canada.

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Canadian Import Requirements

Indonesian exporters working with a Canadian partner, such as an agent or importer, will want to be sure that the partner is knowledgeable about Canadian import requirements for their product. Indonesian exporters should work closely with their Canadian partner to make sure their products for export meet all Canadian import requirements and regulations.

FAILURE TO COMPLY

Goods that do not meet all applicable laws and regulations will be refused entry at the Canadian border at the expense of the importer. To avoid delays and penalty fees, Indonesian exporters must work closely with their importers and buyers to make sure the specifications of their product comply with Canadian import requirements.

Border Inspection

Canadian Border Services Agency

The Canadian Border Services Agency (CBSA) (www.cbsa-asfc.gc.ca/menu-eng.html) is the federal agency responsible for customs services and compliance with Canada’s border legislation. All products entering Canada must be reported to CBSA and are subject to inspection, whether they are transported by the exporter or a carrier. Many goods must comply with Canadian laws and may require permits, certificates, or inspections. For more information, CBSA offers a Step-by-Step Guide to Importing Commercial Goods into Canada (www.cbsa-asfc.gc.ca/import/guide-eng.html).

Canadian Food Inspection Agency

The Canadian Food Inspection Agency (CFIA) (www.cbsa-asfc.gc.ca/menu-eng.html) regulates imports of food products to Canada. The CFIA develops policies on imported food, and these rules are then enforced at the border by CBSA officers who examine food products at the entry point to Canada.

Other Government Departments

CBSA provides a reference list (www.cbsa-asfc.gc.ca/import/reflist-listeref-eng.html) of other government departments that may require permits, certificates, or inspections for goods imported to Canada. CBSA is responsible for enforcing the legal import requirements at the border on behalf of these other government departments.

Delays at the border can cost a lot of money. Two common causes for delays at the Canadian border include:

  1. Incomplete documentation. Indonesian exporters must make sure the person from their company who is filling out export documents can write well in English or French (the language depends on the Canadian port of entry). They have to be careful when measuring and weighing their product and make sure appropriate HS codes are used. They must thoroughly review their documentation to make sure it is complete.
  2. Untreated wood. Shipments containing wood products, including wooden crates for packaging, must be accompanied by an official certificate from the Indonesian Agriculture Quarantine Agency, confirming that it has been treated. See page XX for more information.

Laws and Regulations

Federal, Provincial, and Municipal

Most laws and regulations that apply to imported goods are governed at the federal level. However, Indonesian exporters should be aware that additional laws and regulations may apply at the provincial (e.g., alcoholic beverages) and municipal levels (e.g., recycling of packaging). Knowledgeable Canadian intermediaries should be able to assist the Indonesian exporter to ensure their products meet all federal, provincial, and municipal regulations.

QUEBEC LANGUAGE REQUIREMENTS

Products sold in the province of Quebec are subject to additional language requirements. French must be used for all inscriptions on the product container and packaging, as well as for catalogues, brochures, leaflets, commercial directors, order forms, invoices, and receipts. Visit the Quebec French Language Office (www.spl.gouv.qc.ca/fileadmin/medias/pdf/ABCPolLinQc_Ang_Web.pdf) for more information. The Canada Business Network provides useful information on regulations and standards for each region in Canada. It also provides information for regulated industries, such as food products, pharmaceuticals, and natural health products. www.canadabusiness.ca/eng/page/3424/ Exporters selling to Ontario can also visit Canada Business Ontario’s web site: www.cbo-eco.ca/en/index.cfm/managing/regulations/

Important Tool: Automated Importing Reference System

CFIA maintains an Automated Import Reference System (AIRS) (www.inspection.gc.ca/plants/imports/airs/eng/1300127512994/1300127627409) tool that allows Indonesian exporters to verify Canadian import requirements for their food and agricultural products. AIRS can be searched by HS Code and product information (country of origin, destination, end use, etc.) to generate a list of import recommendations, required documentation, prohibitions, and references to relevant Canadian acts and regulations. View TFO Canada’s Webinar (www.tfocanada.ca/webinarsview.php?view=6) for CFIA to learn how to use the AIRS tool.

Intellectual Property Rights

Canadian International Property Office

Intellectual property rights are regulated by the Canadian International Property Office (CIPO) (www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/Home) to ensure that owners and creators benefit from their original work or investment in creations, designs, or inventions. These rights can apply to a wide range of products, services, or processes, including: creations of the mind, literary and artistic works and symbols, and names or images used in commerce. The CIPO web site allows exporters to search databases of trademarks, patents, copyrights, and industrial designs already registered in Canada. CIPO also provides guidance on how to apply for these forms of intellectual property protection of your goods in Canada.

Combating Counterfeit Products Act

The Combating Counterfeit Products Act came into force on January 1, 2015. The goal of this Act is to reduce trade of counterfeit goods sold in Canada by giving CBSA officers additional authority and enforcement tools at the border. Owners of trademarks and copyrights registered in Canada can register their rights with CBSA under the Request for Assistance Application (www.cbsa-asfc.gc.ca/security-securite/ipr-dpi/app-dem-eng.html). More information is available from CBSA (www.cbsa-asfc.gc.ca/security-securite/ipr-dpi/menueng.html) and Innovation, Science and Economic Development Canada (www.ic.gc.ca/eic/site/064.nsf/eng/07281.html).