Controlled Goods Program & Export Controls

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Controlled Goods Program

The following information applies to anyone currently working with or anticipating working with controlled goods.

The Controlled Goods Program (CGP) is an industrial security program authorized by the Defense Production Act. The Controlled Goods Directorate administers the CGP to prevent the proliferation of tactical and strategic assets and to build up Canada's defense trade controls. Public Works and Government Services Canada is the federal agency responsible for this program.

The program's mission is to prevent the proliferation of weapons of mass destruction and conventional weapons by regulating and controlling the examination, possession and transfer in Canada of controlled goods and/or technology. Global Affairs Canada is the authority that can make a determination as to what is and what is not Controlled Good/Controlled Technology.

What is an example of a Controlled Good/Controlled Technology?

Controlled goods and technology are defined under schedule (s.35) of the Defense Production Act. They are listed as Group 2, Group 5 (section 5504), and Group 6 of the Export Control List. These groups are districted as follows:

  • Group 2: automatic weapons, firearms, ammunition, components, projectors, bombs, planes, tanks, missiles, chemicals, explosives, and related equipment and accessories;
  • Group 5: global navigation satellite system, ground control stations, nuclear weapon design and testing equipment (section 5504); and
  • Group 6: missile technology.

Why is Western University Registered Under the CGP?

Registration under the CGP is mandatory for anyone who examines, possesses and/or transfers controlled goods/ technology in Canada. It is possible Western will need to make use of controlled goods or technology within the limitations of a research project. In order to purchase, use, possess, examine or transfer any controlled goods or technology, one must be registered for the CGP, unless you meet the requirements for an exemption.

Definitions:

  • Examine: Means to consider in detail or subject to an analysis in order to discover essential features or meaning.
  • Possess: Either actual possession, where a person has direct physical control over a controlled good at any given time, or constructive possession, where the person has the power and the intention at a given time to exercise control over a controlled good, either directly or through another person or persons.
  • Transfer: means in respect of a controlled good and/or controlled technology to dispose of it or disclose its content in any manner.

How Does this Affect my Work at the University?

All employees, temporary workers, students and visitors to Western who wish undertake research in which you possess, transfer or examine controlled goods and/or controlled technology must conform to the Federal Controlled Goods Regulations by registering with the Controlled Goods Directorate. Registration will be through the Designated Official (DO) in Western Research and includes a security assessment.

Standard processing time is 6-8 weeks. No security assessment is required if the employee, director or officer does not access controlled goods and/or controlled technology.

What Does a Security Assessment Encompass?

Different information will be requested depending on your status at the University (employee, student, visitor). Typically, an applicant must provide all the necessary information as to personal references, criminal history, places of residence and employment and educational histories for the five years immediately preceding the date of the applicant's consent to undergo the security assessment.

What Happens if I Do Not Comply?

If an employee, director or officer does not consent to a security assessment, they cannot have access to controlled goods and/or controlled technology. This may inherently interfere with the course of the research. Legislation governing the CGP provides for severe penalties for non-compliance, ranging from $25,000 to $2,000,000, or imprisonment for a term not exceeding 10 years, or both.

Are Controlled Goods/Controlled Technologies the Same as Controlled Substances?

No. A controlled substance is not regulated by the CGP. Health Canada's Office of Controlled Substances regulates the purchase, possession, use, import and/or export of controlled substances.

The Manager, Research Compliance Programs and Education and the Manager, Customs & Logistics ensure the purchase, import, receipt, use and record retention of controlled substances for the purpose of research are compliant with relevant government legislation.

Where Can I Get More Information on the Controlled Goods Program?

The controlled goods program is administered by Western Research. For more information about institutional policies and procedures surrounding the program, please contact Karen Gopaul, Manager Quality and Research Compliance.

For legislation information, please refer to the Controlled Goods Directorate website.

Export Controls

The following information applies to anyone planning to export materials or data outside Western.

Export controls are applied to regulate trade in specific lists of military and dual-use goods and technologies. The main objective of export controls is to ensure that exports of certain goods and technologies are consistent with Canada’s foreign and defense policies.

For more information on export control laws, visit Exporting Goods or contact Louise Kedves.

Related links and resources

Contact

For more information about the Controlled Goods Program, please contact Karen Gopaul, Manager Quality and Research Compliance.

For more information about Export Controls, please visit Exporting Goods or contact Louise Kedves, Manager, Customs & Logistics, 519-661-2111 ext. 88120