The Government of Canada recently introduced significant updates to its export control framework through proposed amendments to the Export Control List (ECL), with further guidance available in the updated Guide to Canada’s Export Control List (Guide).
This update summarizes both the amendments to the ECL and the updated Guide, and provides insight into key implications for businesses, particularly for the defence sector.
Amendments to the Export Control List
The changes to the ECL introduce significant new controls targeting semiconductors, assemblies that contain them, and advanced manufacturing technologies.1 The added items are related to dual-use technologies with potential military applications.
These measures aim to address the growing risk of using these items contrary to Canadian national security and foreign policy interests by seeking to prevent and deter their export to unauthorized end-users.
In particular, the amendments would add new export controls on the following types of goods and technologies:
- Lithography equipment
- Epitaxial deposition equipment
- Semiconductor manufacturing deposition equipment
- Boards containing field programmable logic devices
- Advanced computing integrated circuits and electronic assemblies
- Powders containing inoculants used in additive manufacturing
The amendments also propose to consolidate and streamline existing entries related to semiconductor manufacturing equipment in the ECL to make them easier to read, understand, and apply in practice.
Updated Guide to Canada’s Export Control List
In parallel, Canada released the updated Guide to Canada’s Export Control List, which came into force on May 1, 2026. The latest version of the Guide implements Canada’s commitments under multilateral export control regimes as of January 1, 2026.
While largely consistent with the May 2025 version, it includes additions of the following new controls:
- Single transverse mode non-tunable continuous wave lasers (1-6.A.5.a.6.a.3)
- Certain helium turboexpanders (4-4.A.3)
- 1,1,3,3-Tetraethylguanidine (7-4.1.yy)
Certain controls were removed:
- Analogue-to-digital converters with a resolution of 8 bits or more but less than 10 bits (1-3.A.1.a.5.a.1)
- Certain integrated circuits that perform analogue-to-digital conversions with a resolution of 8 bits or more but less than 10 bits (1-3.A.1.a.14)
- Certain electronic assemblies that perform analogue-to-digital conversions with a resolution of 8 bits or more but less than 10 bits (1-3.A.2.h.1.a)
- Certain optical fibre Bragg gratings specially designed for thermal sensing (1-6.A.2.d.3)
- Certain single transverse mode non-tunable continuous wave lasers (1-6.A.5.a.6.a.1)
- Certain multiple transverse mode non-tunable continuous wave lasers (1-6.A.5.a.6.b)
- Certain tunable lasers (1-6.A.5.c.3)
- Underwater vision systems (1-8.A.2.d)
- Light systems specially designed or modified for underwater use (1-8.A.2.g)
Cloud computing considerations
Importantly, the proposed amendments control not only physical goods but also “technology” within the meaning of the Export and Import Permits Act — including technical data and information necessary for the development, production, or use of the newly listed items. For companies that store or share controlled technical information using cloud computing services, this raises the question of whether cloud-based access constitutes a “transfer” requiring an export permit.
Global Affairs Canada’s Notice to Exporters no 1159 (November 2025) addresses this directly: controlled technology is considered disclosed if there is a “reasonable possibility” that a person outside Canada could examine it—a standard that is more than remote but less than “more likely than not.” Where safeguards consistent with the Canadian Centre for Cyber Security’s cloud security guidance are in place, Global Affairs Canada will generally consider that no export permit is required.
How are businesses impacted by these amendments?
The addition of the items to the ECL would require exporters to obtain an individual permit from Global Affairs Canada prior to each export. Unlike certain other controlled goods where blanket or general permits are available, these newly controlled items would require a separate permit application for each transaction. This introduces a significant administrative burden for businesses with high-volume or recurring exports.
Companies that design, produce, or supply the affected goods—including lithography systems, epitaxial growth equipment, semiconductor deposition tools, field programmable logic devices, advanced integrated circuits, or metal powders for additive manufacturing—should classify their products and technologies against the updated ECL entries and identify any exports, including intangible technology transfers, that may now require a permit.
Budget 2025 and defence spending context
These export control updates come amid a broader strategic pivot in Canadian policy. As further set out in our publication on Canada’s new defence policy, Budget 2025 allocates C$81.8 billion over five years to defence and sovereignty, including a new Defence Industrial Strategy to rebuild domestic defence production capacity and develop dual civilian-military technologies.
Budget 2025 also proposes legislative amendments to the Export and Import Permits Act itself, empowering the government to restrict imports or exports in response to foreign actions that threaten Canada’s economic security or supply chain integrity.
As Canada invests heavily in strategic technologies and defence, tighter export controls on dual-use goods (particularly semiconductors and advanced manufacturing equipment) serve to safeguard these investments and prevent diversion to unauthorized end-users.
Whether your business is navigating new permit requirements for physical exports or assessing cloud-based workflows, our team of experienced export control lawyers can assist in evaluating the impact of these amendments, implementing appropriate safeguards, and ensuring compliance with Canada’s evolving export control framework.
The authors would like to thank Manreet Brar, articling student, for her contributions to preparing this legal update.