Issuance of an Import Permit
Marginal note:Content of permit
37. (1) Subject to section 38, the Minister must, after examining the information and documents required under sections 11 and 36, issue to the licensed dealer an import permit that sets out the following particulars:
(a) the permit number;
(b) the information set out in paragraphs 36(1)(a) to (f);
(c) the date of issuance;
(d) the date of expiry, which shall be the earliest of
(i) 120 days after the permit is issued, and
(ii) December 31 of the year in which the permit is issued; and
(e) any conditions that are necessary to
(i) comply with an international obligation, or
(ii) reduce the potential security, public health or safety hazard, including the risk of the targeted substance being diverted to an illicit market or use.
Marginal note:Duration of permit
(2) An import permit is valid until the earliest of:
(a) the expiry date set out in the permit;
(b) the expiry of the dealer’s licence that pertains to the permit;
(c) the suspension or revocation under section 27, 28 or 29 of the dealer’s licence that pertains to the permit;
(d) the suspension or revocation of the permit under section 41; and
(e) the expiry, suspension or revocation of the export permit that applies to the targeted substance to be imported and that is issued by a competent authority in the country of export.
- SOR/2010-223, ss. 17, 43(F).
Marginal note:Refusal of permit
38. The Minister must refuse to issue an import permit if
(a) with respect to the application for the permit, there exists a circumstance described in any of paragraphs 22(c) to (f) or (h), with any modifications that the circumstances require;
(b) the applicant does not hold a dealer’s licence for the targeted substance that is to be imported or holds a dealer’s licence that will expire before the date of importation;
(c) the applicant has been notified in accordance with paragraph 10(1)(a) that one of the following applications submitted by the applicant with respect to the dealer’s licence under which the targeted substance would be imported is to be refused under section 22:
(i) an application under section 20 for a dealer’s licence,
(ii) an application under section 24 to renew a dealer’s licence, or
(iii) an application under section 25 for the amendment of a dealer’s licence; or
(d) the Minister has reasonable grounds to believe that
(i) the shipment for which the permit is requested would contravene the laws of the country of export or any country of transit or transhipment, or
(ii) the importation is for the purpose of re-exporting the targeted substance without having added any economic value to it in Canada.
- SOR/2010-223, s. 18.
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