Precursor Control Regulations (SOR/2002-359)

Regulations are current to 2014-10-15 and last amended on 2013-12-19. Previous Versions

Preparations and Mixtures

[SOR/2005-365, s. 29]

Application for Authorization Certificate

[SOR/2005-365, s. 29]
  •  (1) With respect to a Class A precursor that is a preparation or mixture, a person who produces or imports, or desires to do so, may apply for an authorization certificate with respect to the preparation or mixture by submitting an application to the Minister containing the following information and statements:

    • (a) the applicant’s name or, if the applicant is a corporation, their corporate name;

    • (b) if the applicant is a licensed dealer, the number of their licence;

    • (b.1) if the applicant is not the producer of the preparation or mixture, the name of the person who produced the precursor or, if the person is a corporation, its corporate name;

    • (b.2) the address, telephone number and facsimile transmission number, if any, of the person who produced the preparation or mixture;

    • (c) in respect of the preparation or mixture for which the application is made

      • (i) its name, if any, otherwise a description of its chemical composition, and its brand name, if any,

      • (ii) its qualitative and quantitative composition including all chemical ingredients,

      • (iii) its physical and chemical properties and any difference between those properties and the physical and chemical properties of the chemical ingredients that are precursors set out in Part 1 of Schedule VI to the Act,

      • (iv) the type of analyses used to evaluate its purity and stability, and

      • (v) its intended use;

    • (d) a statement, by the person who produced the preparation or mixture, that the preparation or mixture is made in such a way that no precursors set out in Part 1 of Schedule VI to the Act can be readily extracted, having regard to the complexity and cost of extraction, and that the preparation or mixture cannot be used in the production of a controlled substance; and

    • (e) a statement, by the person who produced the preparation or mixture, justifying the application for the certificate, and identifying the scientific principles and any other information in support of the statement under paragraph (d).

  • (2) The application must

    • (a) be signed by

      • (i) a person working for the applicant having supervisory responsibilities pertaining to the preparation or mixture and sufficient knowledge to confirm the information set out in the application, or

      • (ii) the senior person in charge for the site, if the applicant is a licensed dealer; and

    • (b) include a statement that all information set out in the application is correct and complete to the best of the knowledge of the signatory.

  • SOR/2005-365, s. 30.

Issuance of Authorization Certificate

[SOR/2005-365, s. 31]
  •  (1) Subject to section 50, if an application complies with the requirements of section 48, the Minister shall issue to the applicant an authorization certificate that indicates

    • (a) the certificate number;

    • (b) the name, if any, of the preparation or mixture that is the subject of the certificate, otherwise a description of its chemical composition, and its brand name, if any;

    • (c) the name of the applicant or, if the applicant is a corporation, their corporate name;

    • (c.1) if the applicant is not the producer of the preparation or mixture, the name of the person who produced the precursor or, if the person is a corporation, its corporate name;

    • (d) the effective date; and

    • (e) any conditions that are necessary to

      • (i) ensure that international obligations of Canada are respected, and

      • (ii) ensure compliance with the Act and these Regulations, including reducing the risk of a Class A precursor being diverted to an illicit market or use.

  • (2) The holder of an authorization certificate shall, on request, provide a copy of the certificate to any person conducting an activity in relation to the preparation or mixture to which the certificate applies.

  • SOR/2005-365, s. 32.